Thanks to Professors Guiora and Cliteur, and my colleague and friend Chris Borgen, for their helpful responses to my posts. I find that I can agree with some important aspects of Prof. Cliteur’s most recent response. For example, he advocates a theoretical approach to the problem of religious terrorism – “a scholarly understanding of its nature” rather than the “judicial reactions”...
I thank Professors Guiora and Cliteur for their thoughtful interventions. As I see it, the basic distinction Prof. Guiora draws is between terrorism motivated by religious convictions – “religious terrorism” – and terrorism motivated by non-religious convictions – “non-religious terrorism.” Despite their arguments, though, I fear I am still not persuaded that this distinction is very helpful. For instance, Prof. Guiora...
Thanks to Opinio Juris for inviting me to comment on Professor Guiora's new book. I look forward to the interchange with him and the other participants. Professor Guiora deserves credit for tackling the very controversial and timely topic of religious terrorism. Much of what he says is thought-provoking. He tries to be fair and avoid “religion-bashing.” He concedes that religion can...
[Mark Movsesian is the Frederick A. Whitney Professor of Contract Law at St. John's University School of Law.] Thanks to Chris for inviting me to say a few quick words about today’s very significant decision. Hooray for Dualism: Just as he did two years ago in Sanchez-Llamas, CJ Roberts endorsed a dualist approach to the judgments of international tribunals....
I thank Roger for his thoughtful comments. Roger himself has written a seminal article in this area, Federal Courts, International Tribunals, and the Continuum of Deference, 43 Va. J. Int’l L. 675 (2003), and I’m grateful for his kind words about my work. Let me try to address his points. First, I agree that Medellin addresses a...
I’m grateful to the folks at Opinio Juris and VJIL for this opportunity to introduce readers to my article and to Roger for offering to serve as commentator. My article discusses the Court’s decision last year in Sanchez-Llamas v. Oregon. Sanchez-Llamas addressed the precedential effect of ICJ judgments in domestic courts. (By contrast, Medellin v. Texas, which the Court...
