[Major John C. Dehn is an Assistant Professor in the Department of Law, US Military Academy, West Point, NY. He currently teaches International Law and Constitutional and Military Law, and is also a former prosecutor. He is writing in his personal capacity and his views do not necessarily represent the views of the Department of Defense, the US Army, or...
As I reported here, the two cases of Sullivan v. Florida and Graham v. Florida present the best opportunity for constitutional comparativism since Roper v. Simmons. We apparently are an international outlier and the Convention on the Rights of the Child, with 190 parties, categorically prohibits JLWOP for everyone under the age of eighteen. But from reading the transcripts...
Both Martin Holterman and Sasha Greenawalt have questioned my repeated -- and quite deliberate -- insistence that "no competent barrister will accept appointment as stand-by counsel under these circumstances," and that any barrister who does accept the appointment will thus "be interested in one thing and one thing only: the free publicity that comes with it." Martin's comment is the...
[Daniel Bodansky, University of Georgia School of Law and OJ guest blogger, sends this second dispatch on the state of the Climate Change talks leading up to the Copenhagen Conference. Professor Bodansky will also be blogging from Copenhagen here at Opinio Juris in December.] This week, the chair of the negotiations and the executive secretary of the UN climate change...
[Alvaro Santos is an Associate Professor at Georgetown University Law Center] The current global financial crisis has provoked intense criticism of the regulatory framework for financial markets. Financial market flexibility, once considered the key to successful financial institutions and economic growth, has now come under intense scrutiny. In contrast, labor market flexibility is still promoted by scholars and...
As most readers probably know by now, the Trial Chamber has decided to adjourn Dr. Karadzic's trial until 1 March 2010 and appoint stand-by counsel who will step in if, at that time, Dr. Karadzic continues to boycott the trial. Here are the relevant paragraphs from the decision: 19. On the issue of continuing the trial in the absence of the...
[John H. Knox is a Professor at Wake Forest University School of Law] My Essay tries to answer a simple question (simple to state, anyway): What duties, if any, does human rights law place on states to address climate change? At first, the answer may seem equally simple. It may seem evident that climate change already violates human rights, including rights...
[Daniel Bodansky, University of Georgia School of Law and OJ guest blogger, sends this dispatch on the state of the Climate Change talks leading up to the Copenhagen Conference. Professor Bodansky will also be blogging from Copenhagen here at Opinio Juris in December.] Barcelona, 4 November 2009 The UN climate change negotiations resumed on Monday in Barcelona, after only a three week...
[Alexander K.A. Greenawalt is an Associate Professor at Pace University School of Law] Let me start by thanking Opinio Juris and the Virginia Journal of International Law for hosting this online symposium. I am also honored that Mark Drumbl has graciously agreed to be my respondent. In 2005, the International Criminal Court issued warrants for the arrest of Joseph Kony, the leader...
The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three pieces recently published by VJIL in Vol. 50:1, available here. On Wednesday, Professor Alexander K.A. Greenawalt, Associate Professor of Law, Pace University School of Law, will discuss Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court....
Two of our PhD students, James Parker and Rebecca Goodbourn, have asked me to post the following call for papers: Following the success of last year’s Postgraduate and Early Career Researchers’ Workshop on Methodological Approaches to Legal Scholarship, we are pleased to announce the inaugural Melbourne Forum on Doctoral Legal Research. This annual Forum will provide a space for participants to...
My colleague Trey Childress has a nice summary of the recent decision by a federal court in Florida in Osorio v. Dole Food Company to refuse to enforce a $97 million Nicaraguan judgment. Here's the key excerpt of the decision: “the evidence before the Court is that the judgment in this case did not arise out of proceedings that comported...
