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Search: crossing lines

06 Mar

...ATS cases are limited by federal courts? Along the lines of that conjecture, I recently published an article with the Georgetown Law Journal regarding the next wave of transnational human rights litigation in state and federal courts under state and foreign law. The upshot of that article was that if federal courts begin to close their doors as a matter of substantive and procedural federal law to ATS claims, then what will happen if those human rights cases seek out other law (state/foreign) and other courts (state/foreign)? This idea was...
06.03.12 | |

26 Oct

...malicious intent or not. It doesn't matter whether her researcher forgot to put the quotes before and after a lifted paragraph. Like jaywalking you can commit it without malicious intent. Plagiarism is an act, whether there is intent or not is immaterial. After crossing the street illegally you cannot say you have not committed jaywalking because you have no malicious intent on crossing or you forgot about the prohibition. For the majority to call the act as not plagiarism is to call white black. Sanction for the act is another...
26.10.10 | |

14 Jul

...of attribution. I fail to find any illegitimate crossing of conceptual boundaries in this. However that may be, I would agree in any event that self-defence against a private aggressor must be directed against that private aggressor, and noone else. This would seem to be a simple consequence of the requirement of proportionality. Attacks against the state will only be necessary, and hence permissible, if that state was responsible for the original attack giving rise to the its right to defend itself. If it was not, then using force against...
14.07.06 | |

15 Jun

...law as well as the reasoning of charming betsy. Dwight When you consider the way the federal gov't have left Arizona to be raped by drug dealers and "who knows who else" from crossing the border Oklahoma is doing some advance work. Way to go Oklahoma. Wait on the feds and you will be speaking a lauguage other than english Dwight When you consider the way the federal gov't have left Arizona to be raped by drug dealers and "who knows who else" from crossing the border Oklahoma is doing...
15.06.10 | |

19 Jul

...Kevin, Didn't you argue for "social alarm" to be considered in determining situational gravity? Hostage Re: Is this a goal of the blockade? It doesn't matter if it's a goal. According to the guidance in Article 102(b) of the San Remo Manual a blockade becomes illegal if its effects on the civilian population become excessive. Once the UN Human Rights and ICRC IHL treaty monitoring bodies determine that it has, and put you on formal notice, then you risk crossing a red line by continuing to wilfully cause great suffering...
19.07.15 | |

30 Apr

...it. We were involved in the anti-Israel events, which resulted in victories in the 33-day and 22-day wars. And from now on, wherever a nation or a group fights and confronts the Zionist regime, we will support and help it, and we are not at all afraid of saying this.” That morsel was a short-hand declaration of Iran’s direct support of Hezbollah’s 2006 and Hamas’ 2008 katyusha rocket wars, on Jewish civilians inside the 1949 ceasefire lines. (In this context, it bears noting that Hamas’ and Hezbollah’s targeting and firing...
30.04.12 | |

23 Apr

...Centennial Resolution on Laws of War and Detainee Treatment. The battle lines were drawn and the resistance of the top was fierce. Now many look back on that resolution as a shining moment of the ASIL. So this may be a shining moment for NYU if all powers can allow themselves to understand the profound sense of disarray and contradiction that the students are feeling. Or it may be an ignominious moment. It's the old praxis moment and people see how people line up when battle lines are drawn. I...
23.04.15 | |

01 Jun

...capacity the offender was acting. I’m always suspicious of terms like “most” or “few.” The real question is who (big states or little ones?) believes that. The Kuwaiti proposal was that “any person, whether acting on his own initiative or on behalf of a government, commits an offence...” I don’t see how that doesn’t effect state responsibility. On the one hand, international law is holding more and more people individually accountable for actions done under orders. On the other hand, along the lines of the United States’ reason for not...
01.06.10 | |

22 Nov

...forces. Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are...
22.11.06 | |

21 May

...to an armed conflict, IHL requires that they remain in place until the conflict ends with a surrender, peace treaty, or battlefield victory. So it would be a very poor legal strategy for anyone actually involved in the process (as to be distinguished from someone commenting from the sidelines) to build a strategy around an assumption that the courts will find that this is an NIAC or IAC. Rather, the safe position to take is that US policy is equally valid in either case, as Koh's statement indicates. Howard Gilbert...
21.05.11 | |

08 Jun

...You can find it here: http://972mag.com/what-is-ngo-monitors-connection-to-the-israeli-government/90239/ That said, it is always amusing to see Steinberg accuse others -- in this case, nearly a thousand others -- of bias. People in glass houses and all... Gerald Steinberg Heller pulls out Fox News and the "exploration of the possible ties". Next, we will go to the latest evidence that Malaysian Airlines 370 was hijacked by little green men from Mars. Priests do faith; academics are supposed to use verifiable information and falsifiable explanations. Kevin Jon Heller That, my friends, is what we...
08.06.14 | |

13 Jun

...what you do. Bright lines I suspect require good faith compliance with legal rules - center of the rule rather than exotic analyses. I would note the transposition of time is difficult because the court-martial mechanism of the US during WWII was subject to significant unlawful command influence that was part of the reason for the reforms of the UCMJ in the 1950's. Military law specialists can walk you through that. The case of the Admiral's sone who was hung from the yardarm in the 19th century comes to mind....
13.06.08 | |