The Harvard Law Review has just issued its Supreme Court Review and it includes four wonderful articles by Richard Posner, Vicki Jackson, Jeremy Waldron and Ernest Young debating Roper and the citation to foreign authority. Jackson and Waldron favor comparativism, while Young and Posner express strong skepticism. Abstracts and full texts of the articles are available on the Harvard Law...
As Bobby helpfully notes in a comment to my last post, the revised Graham Amendment has made it through the full Senate and will be presented to the House negotiators soon for approval on that side (see the Washington Post's report here). It is a bit early, but it is worth thinking about the legal effect of the amendment, if...
Here is the full text of the proposed Senate compromise bill on detainee rights to challenge their confinement in federal courts, which I discussed below (thanks to Greg Fox for the link). I may have slightly different comments after reviewing the bill directly, but I must run to class...
According to this Washington Post report, the Senate may have reached a deal on the controversial "Graham Amendment" stripping federal courts of habeas jurisdiction over appeals by Guantanamo detainees (which Bobby and I have blogged about here and here and which SCOTUSBlog discusses here). (The full text is posted above). The bill on first glance seems pretty reasonable, especially since...
Last week the D.C. federal district court dismissed a class action lawsuit against Ethiopia. In the case of Nemariam v. Ethiopia, __ F.Supp.2d __ (D.D.C. Nov. 8, 2005), available here, Ethiopia allegedly expropriated bank accounts of Eritreans living in Ethiopia. Specifically, the allegation is that Ethiopia and its agents engaged in a systematic effort to seize the property of the...
Ken Anderson is the first member of the blogosphere to read every page of the 5,000 page ICRC study on Customary International Humanitarian Law (which we discussed here when it was published last spring). His thoughtful analysis is here. So why pay attention to the study?What does the Study mean in practical terms for matters of international humanitarian law?...
A parody of the recent New York Times article, “Yale Law Frets Over Court Choices It Knows Best”: NEW HAVEN, Nov. 8 - The morning after Judge Samuel A. Alito Jr. was announced as the president’s choice for the Supreme Court, some students and professors at his alma mater, the Yale Law School, were...
Although little noticed in the mainstream media, pirates are on the prowl along the Horn of Africa. In a short squib in the New York Times this weekend it was reported that “Somali pirates chased and attacked five ships in the last week in a sharp rise of banditry apparently directed form a “mother ship” prowling the busy Indian Ocean...
The U.S. Senate's Foreign Relations Committee reported out the Council of Europe Cybercrime Convention on Thursday. I don't know enough about cybercrime to know if this Convention is important (See here for a primer), but it is worth noting that the treaty does not appear to require the U.S. to modify any of its domestic laws. All of the treaty's...
Ellen Johnson-Sirleaf was elected as president of Liberia, the first democratically-elected female president in Africa. Johnson-Sirleaf won with 59 percent of the vote. When asked whether Africa is prepared for its first female president, Johnson-Sirleaf said, “Africa is ready for a female president… Women have the education, the character, the competence, and the integrity to lead the nation.” Nigerian politician...
Here is the full text of the "Graham Amendment" Bobby helpfully pointed out yesterday. The Washington Post has an analysis here. I must run off to help interview candidates interviewing for faculty positions, but let me add a few thoughts. Not surprisingly, I'm not reflexively opposed to this amendment, at least on first glance.(1) Congress plainly has constitutional...
A very important development in the Senate today, one that may have profound consequences for the pending habeas litigation involving GTMO detainees. The development concerns an amendment to S.1042 (the '06 Defense Department Authorization bill) offered by Senator Graham. The Amendment is No. 2516, and its text is available here.Consider first section (d)(1) of the amendment, which amends the federal...
