An astute reader forwarded this article to me about the role that the Library of Congress plays in assisting the Supreme Court and federal appellate courts in researching foreign and international law materials: Despite harsh criticism of the citation of foreign law in American court decisions, the U.S. Supreme Court and the federal appellate courts solicit and are supplied with numerous...
Washington & Lee Law Library has just updated their law journal rankings. Here is their 2006 list of the top twenty-five comparative and international law journals based on total journal and case cite counts. (You get a different result if you include "impact factor" into the mix.) 1 American Journal of International Law 2 Tulane Law Review 3...
To further the discussion regarding Michael Chertoff's provocative speech last week, I wanted to identify one area where a strong argument could be made for the need for greater diversity of viewpoint on developing international norms. Consider the issue of the precautionary principle. There are numerous avenues to pursue this question, and there are fundamental principles at stake...
There is almost nothing in the media or the blogosphere about this story, but reportedly Homeland Security Secretary Michael Chertoff spoke at the Federalist Society this week and was sharply critical of current trends in international law. Reuters reports that Chertoff said that "International law is being used as a rhetorical weapon against us" and that "What we see...
"Underlying most arguments against the free market is a lack of belief in freedom itself." That's the tenor of one of the greatest free market thinkers, Milton Friedman. He died today at 94. Here is a taste of his views on free trade, with a cameo appearance from a young Donald Rumsfeld. You can watch more...
The Harvard Law Review's Supreme Court review is now available. The Foreward by Frederick Schauer does not appear particularly relevant to our field of interest, although he does discuss a number of international law issues relating to terrorism and the war in Iraq as part of his theory that the judiciary has a limited role in addressing pressing issues...
The Military Commissions Act is now being litigated before the D.C. Circuit in the consolidated cases of Al Odah and Boumedienne. The Government and plaintiffs have recently filed briefs arguing for and against the dismissal of the lawsuits based on the MCA. The plaintiffs' brief is available here and the government's brief is available here. Continue below...
The New York Times article today on Ugandan rebel leader Joseph Kony confirms concerns that the ICC may be prolonging the war in Uganda. The article detailed Kony's meeting with UN under secretary general for humanitarian affairs Jan Egeland. But the most interesting aspect of the article is that it underscored the difficult tension between securing peace and...
Phenomenal video by Aaron Koblin of flight patterns. Animates the popular poem on flight, "Oh, I have slipped the surly bonds of earth and danced the skies on laughter-silvered wings." ...
Not surprisingly, the international trade press is reporting this week that passage of free trade agreements is going to be much more difficult to secure now that the Democrats are in charge of Congress. According to Inside Trade, (subscription) "AFL-CIO Vice President Richard Trumka said the AFL-CIO would ask the new leaders in Congress to take a 'strategic pause' in considering...
The Eleventh Circuit last week rendered a fascinating decision regarding Peru's failure to honor a $5 million reward for information leading to the capture of a fugitive. In Guevara v. Peru, Jose Guevara provided the necessary information that led to the capture of Vladimiro Montesinos, but Peru failed to pay the reward to Guevara. Guevara brought a breach...
So how will the mid-term elections affect international relations? Here are my predictions of ten things to look for in the next two years: 1. House investigations on the war in Iraq. 2. House spending limits on the war in Iraq. 3. Cabinet level changes. 4. Democratic infighting about the road ahead in Iraq. 5. Trade Promotion...
