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Search: jose guerena

23 Dec

...from Italy to all 25 European Union Member States the geographic scope within which these individuals could be detained. Yesterday, the Fourth Circuit Court of Appeals rejected the Department of Justice’s request to transfer “enemy combatant” Jose Padilla from military to civilian custody to face criminal charges for participating in a terrorist organization. The Court expressed concern that DOJ ‘s criminal case no longer referenced the allegations that Mr. Padilla had taken up arms against the United States in Afghanistan and had been plotting to blow up buildings in the...
23.12.05 | |

09 Feb

...lawyers in both academia and practice. For instance, much to my regret, I was unable to include an analysis of a Latin American state in the book. Instead of spurning it, numerous Latin American scholars have reached out to tell me their side of this story (e.g., Francisco-José Quintana about the problems with teaching the Falklands/Malvinas dispute in Argentina using UK textbooks). The book is an invitation for self-critique and dialogue. I hope that it prompts many conversations, even if some of them are uncomfortable. Academia is meant to challenge...
09.02.18 | |

31 Oct

...reunited with their families, with Paris dismissing media reports it had paid a ransom for their release. Europe European Commission President Jose Manuel Barroso has warned against nationalism, xenophobia and racism ahead of European Parliament elections next year, when anti-EU and protest parties are expected to do well. Turkey has for the first time connected its European and Asian sides by opening a railway tunnel that fulfils a vision first proposed by an Ottoman sultan about 150 years ago. Britain approved a new system of regulating its press, a move...
31.10.13 | |

28 Mar

...For the first time we have on-the-ground blogging from the UN Human Rights Council from UN Watch’s Elizabeth Cassidy. We thank David for his contributions and look forward to hearing more juicy tidbits from Elizabeth as the Council winds up its business. Students from the Yale Journal of International Law joined in the guest blogging with their reporting from the YJIL “New” New Haven School Conference. Thanks to students Jessica Karbowski and Jose Minan for their contributions. Linking the professoriate to practice, we also had timely commentary on the Sinochem...
28.03.07 | |

02 Jun

...Duggal, Advocate, Supreme Court of India, Founder-cum-Chancellor, Cyberlaw University and Chairman, International Commission on Cyber Security Law Jeffrey L. Dunoff, Laura H. Carnell Professor of Law, Temple University Beasley School of Law Kristen Eichensehr, Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law, University of Virginia School of Law Martin Faix, Senior Lecturer in International Law, Palacký University Olomouc/Charles University, Prague, Czech Republic Tom Farer, University Professor and Dean Emeritus (1996-2010), Josef Korbel School of International Studies, University of Denver Benjamin Ferencz, Chief Prosecutor, United States of America...
02.06.21 | |

11 May

Jose Rodriguez, the former CIA officer who describes the Bush administration’s systematic torture regime as people “putting their big boy pants on” and who personally destroyed 92 videotapes documenting the waterboarding of Khalid Sheikh Mohammed and Abu Zubaydah because “out of context they would make us look terrible,” has an op-ed for CNN today complaining about media coverage of the 9/11 military commission. The best line: It is good that these terrorists are now facing justice, but in the reporting of the case, it would be helpful if the media...
11.05.12 | |

05 May

Jose Ernesto Medellin is scheduled for execution by the state of Texas on August 5, 2008. If one assumes that Executive Branch officials have an interest in trying to find new ways to comply with the Avena decision (an open question I know), that does not leave them much time. From my perspective, the Executive Branch has two, equally unattractive, options. First, they can try for federal legislation, which the Medellin decision suggests would be the appropriate vehicle for converting the non-self-executing treaty obligations of the UN Charter (or the...
05.05.08 | |

01 Mar

...on the Rights of the Child, Art. 37, American Convention on Human Rights: Pact of San José, Costa Rica, Art. 4(5) African Charter on the Rights and Welfare of the Child, Art. 5(3) I can’t resist observing that the U.S. government has specifically reserved to the question of the execution of juveniles in signing and ratifying the ICCPR and in signing the Convention on the Rights of the Child. It may have done so also with the American Convention on Human Rights. I am not sad to see the juvenile...
01.03.05 | |

28 Feb

In this opinion handed down today, Judge Henry Floyd of the US District Court in Charleston granted Jose Padilla’s habeas petition, explicitly rejecting the government’s position that the President has broad powers to detain US citizens as enemy combatants. The government has 45 days to charge Padilla with a crime, hold him as a material witness, or release him. Here’s a quote from the judge’s conclusions of law, which relies on Youngstown and Hamdi: It is true that there may be times during which it is necessary to give the...
28.02.05 | |

05 Jan

The Supreme Court has granted the U.S. government’s request to transfer Padilla to civilian custody in Miami. The one-page order is here. The key language is the following: “The Solicitor General has now filed with this Court an Application Respecting Custody and Transfer of Jose Padilla, seeking the same authorization previously sought from the Court of Appeals. Padilla has filed a response, arguing instead that the Court should delay his release from military custody and consider his release along with his petition for certiorari. The Government’s application presented to the...
05.01.06 | |

23 Apr

I had the good fortune to visit Columbia Law School last week to debate with Sarah Cleveland the merits and demerits of constitutional comparativism. It was a first class program with an introduction from ASIL President Jose Alvarez and thoughtful reflections from the panelists. The low point for me was the attempt by one speaker (not Alvarez, Cleveland or Jackson) to caricature the detractors of constitutional comparativism by highlighting their worst excesses. One can almost always identify fringe voices on the right (or left) to suggest that the other side...
23.04.07 | |

16 Oct

Opinio Juris warmly welcomes Betsy Andersen as the new Executive Director for the American Society of International Law. We are delighted that Betsy has agreed to be interviewed to introduce her to our readers. Having spent several hours this weekend at a colloquium discussing the future of the ASIL with Betsy Andersen and ASIL President Jose Alvarez, I left convinced that the organization is in very goods hands and that her selection was an inspired choice. Andersen is a graduate of Yale Law School, the Woodrow Wilson School of Public...
16.10.06 | |