In association with the International Commission of Jurists

Recent Posts

24 Feb

Another of the panels at the American Enterprise Institute conference last Tuesday dealt with customary international after Sosa v. Alvarez-Machain. The panel consisted of Julian Ku, David Moore, Beth Stephens, and myself, moderated by Jack Goldsmith.Not surprisingly, the panelists had different views.Julian Ku advanced an argument that the President should exercise control over customary international law, in part because customary...

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24 Feb

A recent survey by Pew highlights a notable generational gap on foreign policy perspectives. If you look at attitudes of the two extreme age groups that were surveyed -- those who are 18-29 and those who are 65+ -- the differences in foreign policy perspectives are stark. In fact, we have a tale of two Americas. Call them the YMCAs...

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23 Feb

In response to my post from last week, thanks to those who have submitted information on new and lateral international law professor hires. I have received numerous emails, but wanted to encourage anyone who has not yet sent information to email me and provide the new institutional affiliation, the name of the professor, specializations (if known), and the name of...

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23 Feb

At the American Enterprise Institute on Tuesday a panel with diverse viewpoints—Kenneth Anderson, Morton Halperin, John Hutson, and Andrew McCarthy—expressed a remarkable consensus about the need for the President to go to Congress to establish the rules for a lasting “war on terror,” including such issues as intelligence gathering, detention, rendition, and the use of force short of war.Kenneth Anderson...

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22 Feb

On February 19, 1942, a few weeks following Pearl Harbor, Franklin Roosevelt signed Executive Order 9066 authorizing the internment of Americans of Japanese ancestry. The purpose of the Order was to ensure the "successful prosecution of the war" which "requires every possible protection against espionage and against sabatoge." Pursuant to that order, 120,000 Japanese Americans were relocated to 10 internment...

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22 Feb

In a speech at the American Enterprise Institute on Tuesday, Justice Scalia took aim once again at the use of foreign law to interpret the Constitution. While freely admitting that 18th Century English law is relevant to that exercise, he denied that modern foreign legal materials ever are. And in response to a question from Professor Julian Ku, he extended...

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22 Feb

Spain's Public Prosecutor has urged the Spanish Supreme Court to quash the conviction of Imad Eddin Barakat Yarkas, sentenced last year by a lower court to 15 years in prison for "conspiracy to commit terrorist murder" in connection with the September 11. The lower court concluded that sufficient evidence exists to prove that Yarkas helped an al Qaida cell...

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22 Feb

Justice Scalia was the keynote speaker yesterday at the American Enterprise Institute on the subject of the role of international law in American courts. The agenda for the full program, which included Julian Ku and guest blogger Bill Dodge, is available here. The speech is available on C-Span here (via How Appealing).Here is an abstract of his speech:Foreign law is...

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21 Feb

When I wrote last week about the EU’s threat to suspend membership talks with Serbia if it does not find General Ratko Mladic and turn him over to the ICTY -- which it looks like it is about to -- I noted that the EU had successfully pursued a similar strategy to prod Croatia to arrest General Ante Gotovina, accused...

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21 Feb

It is a week of transition here at Opinio Juris, as we prepare to migrate to a new and much improved location in the blogosphere. After finishing our first year here on blogger, we will emerge next week fully loaded at www.opiniojuris.org, a new site that will have added functionality and subject matter searchability. If you are signed up for...

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