Search: self-defense
21 Aug Can the U.S. Prosecute Wikileaks’ Founder? Sure, If They Can Catch Him
The WSJ has an article on the U.S. Defense Department’s push for a criminal prosecution of Wikileaks for releasing U.S. government documents on the Afghanistan war. Several officials said the Defense and Justice departments were now exploring legal options for prosecuting Mr. Assange and others involved on grounds they encouraged the theft of government property. Bringing a case against WikiLeaks would be controversial and complicated, and would expose the Obama administration to criticism for pursuing not just government leakers, but organizations that disseminate their information. I agree it would be...10 Jun A Question for Readers About Publishing Etiquette (Minor Update)
...to be already published (e.g., publishing in Harv. Int'l L.J. on-line). Alec Stone Sweet I do not see the dilemma. Most good papers are mounted on SSRN or Selected Works and widely circulated before submission to peer review, and they will have been read much more than most blog entries. Bloggers might have delusions of grandeur, but a blog is not a journal. I don't see how self-posting anything on-line should preclude the latter's publication if it meets the journal's standards. Kevin Jon Heller "I don’t see how self-posting anything...19 Apr Charming Betsy in the Ninth Circuit
...because prisoners do not have a legal entitlement to payment for their work, and the Due Process Clause protects only against deprivation of existing interests in life, liberty, or property…. Plaintiffs fail to state a viable claim under the International Covenant on Civil and Political Rights. “For any treaty to be susceptible to judicial enforcement it must both confer individual rights and be self-executing.” A treaty is self-executing when it is automatically enforceable in domestic courts without implementing legislation. The ICCPR fails to satisfy either requirement because it was ratified...14 Mar Is the Crimea Crisis a Factual or Legal Disagreement?
...as well as direct threats by the latter to impose their order on the whole territory of Ukraine.” I am pretty surprised that Russia is endorsing this expansive view of self-determination, which I think could be fairly invoked by certain parts of Russia itself (Hello, Chechnya!). But I suppose the dispute here with the West could be understood as factual rather than legal. Most scholars would accept the idea that self-determination is appropriate in certain exceptional circumstances, such as decolonization or when facing the threat of genocide or other mass...