The Necessity of Reciprocity: Eric Posner is Right (as Usual)
U. Chicago law prof Eric Posner has a typically effective op-ed in the WSJ($) today arguing that it simply doesn't make sense to apply Common Article 3 of the Geneva Conventions (the provision at issue in Hamdan) to the conflict with Al Qaeda. His argument is pragmatic rather than formalistically legal, but it is also sensibly grounded in a...