I love this recent article by Stanley Fish on the abuse of tenure: Last week we came to the section on academic freedom in my course on the law of higher education and I posed this hypothetical to the students: Suppose you were a member of a law firm or a mid-level executive in a corporation and you skipped meetings or...
I have been meaning to do a post about the Supreme Court's first antidumping decision in decades, but frankly the case is a yawner. The question in United States v. Eurodif is whether the importation of low enriched uranium (LEU) is a good or a service. If it is the latter, then it cannot be subject to antidumping...
I found this article in the Yale Alumni Magazine about Tony Blair's new Faith Foundation absolutely fascinating. Tony Blair is now teaching a course at Yale with the eminent theologian Miroslav Volf on the subject of "Faith and Globalization." According to the article, Blair is trying to use this foundation to encourage interfaith tolerance and dialogue. Given...
The Second Circuit last week rendered another important ATS decision addressing some of the most troublesome issues relating to human rights litigation against corporate defendants. In the case of Abdullahi v. Pfizer, the Second Circuit was faced with the question of whether involuntary medical testing on humans violates international law. Perhaps the most significant part of the decision was the...
Yesterday Barack Obama signed an Executive Order directing an immediate review of al-Marri's status. "The Review shall expeditiously determine the disposition options with respect to al-Marri and shall pursue such disposition as is appropriate." So what should the Supreme Court do with the al-Marri case now? As I noted earlier this month, Obama essentially has the choice...
Great inauguration speech by President Obama. In terms of foreign policy here are my quick thoughts. First, the speech was striking for President Obama's appeal to soft power. "Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us,...
It’s an absurd question, of course, to ask why the environment is more important than human rights. But it’s actually true: protecting, say, endangered sea turtles is far more important than protecting against cruel, inhuman and degrading treatment of individuals. At least that is the conclusion if one is examining the question from an international trade perspective. The...
The Supreme Court heard oral argument on Monday in the terrorism victim asset attachment case of Iran v. Elahi. (Transcript here). The case is extraordinarily complicated but it boils down to a question of statutory construction. Elahi was one of a handful of terrorism victims who received payment from the United States government under the 2000 Victims...
Kudos to John Garvey for focusing on "institutional pluralism" as the overarching theme of this year’s AALS. As he noted in introducing the theme, “This year’s theme focuses on the values of our institutional differences. Institutional pluralism is a good thing for our students in the same way choices are good for consumers in other fields…. A community...
I’m here at the AALS annual meeting enjoying the beautiful surroundings of San Diego. The Malibu winters are brutal and therefore the chance to flee one part of glorious southern California for another part of glorious southern California is most welcome. But I must admit I am completely agnostic about attending the AALS. I scan the program for...
The New York Times has a thoughtful piece by Adam Liptak this weekend on the Obama Administration’s difficult choice in its forthcoming brief in the Supreme Court case of al-Marri v. Pucciarelli. Essentially, the Obama Administration will have to choose between continued detention, deportation to a third country, or prosecution. Each choice is perilous. If...
What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
