The transcript of Morse v. Frederick is now available here. No surprise, there was no mention whatsoever of comparative experiences. Although my faux oral argument in the previous post was of course a parody, the justices’ remarks I quoted do come quite close to actual statements that they have made in other contexts, either in judicial opinions or...
This morning the Supreme Court will hear Morse v. Frederick, a case about a high school student who held up a banner advocating “Bong Hits for Jesus” at a school function associated with the passing of the Olympic torch through Juneau, Alaska. The school principal, Deborah Morse, refused to allow Joseph Frederick to display the banner, and he was...
Ever wonder whether blogs have become mainstream? Typically one has no easy answer to the question of whether blogs have become an acceptable medium for academic discourse. We rely on anecdotes, intuition or hunches. I thought it might be interesting to add yet another unscientific reference point to determine whether blogs have become mainstream. How? ...
If there is any lingering doubt about whether we are engaged in a global war on terror, the transcript from Khalid Sheikh Mohammed should dispel those doubts. Call it whatever you want, but the terrorist Khalid Sheikh Mohammed unequivocally describes it as war. There are two significant portions of the transcript. First, is Mohammed's enumeration of various...
In my recent article on the role of foreign relations in statutory interpretation (available for download here), I made an argument that Charming Betsy is grounded in separation of powers concerns and that this means, among other things, that the Youngstown categories should be read in light of Charming Betsy. Here is what I argued: It is now accepted that...
In the discussion on the role of international relations in interpreting the Constitution there is one provision of the Bill of Rights that undoubtedly was drafted with foreign relations' considerations in mind. This amendment was constructed first and foremost to address international repercussions that would follow from a denial of this right. So what amendment was it? (Continue Reading) The...
The Tenth Circuit last week rendered a nice little opinion addressing the relationship between terrorism, free speech, and security zones at inter-governmental conferences. The gist of the argument in Citizens for Peace in Space v. City of Colorado Springs is that free speech rights diminish as government interests in security are heightened. Translation: protesters' rights are going...
I just published at Huffington Post my last post on the UCLA nuclear threats conference entitled, How to Stop Worrying and Learn to Love Preemptive Strikes. Here is an excerpt: [T]here were a few who did suggest the appropriateness of preemptive strikes. Berkeley political scientist Bob Powell said that defense and deterrence were synonymous and that the real question...
I am blogging the UCLA nuclear threat conference over at Huffington Post. My first post on former Defense Secretary William Perry's keynote address last night is available here. Here is an excerpt: My impression after hearing Perry speak is that we must calculate the awful new arithmetic of the atomic bomb. The nuclear risk we face today is the...
UCLA is hosting a great conference this afternoon and tomorrow on nuclear weapons in the new century. I will be attending and will provide you with details after the conference. Speakers will include former Secretary of Defense William Perry, the current Undersecretary of State for Arms Control and International Security Robert Joseph, among other luminaries. The topics...
The most popular recent international article posted on SSRN is by Ernst-Ulrich Petersmann of the European University Institute. It is entitled "State Sovereignty, Popular Sovereignty and Individual Sovereignty: From Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?" and is available for download here. Definitely worth a read. Here is the abstract: This paper discusses the basic constitutional problem of...
We are all aware of the use of environmental and social impact assessments (ESIAs) to address environmental considerations as a key factor in deciding on the appropriateness of beginning new projects. Well, there is now movement afoot to develop a similar approach for international human rights. A "Human Rights Impact Assessment" (HRIA) would mean that multinational corporations should...
