Kudos to John Garvey for focusing on "institutional pluralism" as the overarching theme of this year’s AALS. As he noted in introducing the theme, “This year’s theme focuses on the values of our institutional differences. Institutional pluralism is a good thing for our students in the same way choices are good for consumers in other fields…. A community...
Bravo to everyone who's spent the past months and years pressing the Bush Administration Justice Department to release more of its legal opinions supporting "war on terror" policies. Looks like all that work (by more folks than I can reasonably name in this space) finally paid off. This morning one can find in the "What's New" section of the...
Philippe Sands gave an extensive interview on NPR's Fresh Air yesterday. Sands is already on record with his view that torture has occurred as a part of U.S. detention policy at GTMO and that high level officials are responsible for these acts. Although I'm not sure he had much new to say, his careful and eloquent arguments make for easy listening. ...
I met my client yesterday for the first time. For obvious reasons, I cannot recount the substance of what he, I, and his legal associate, Peter Robinson, discussed. But I thought readers might be interested in my impressions of the visit and my sense of Dr. Karadzic, which bears little resemblance to the image portrayed in the media. First,...
I’m here at the AALS annual meeting enjoying the beautiful surroundings of San Diego. The Malibu winters are brutal and therefore the chance to flee one part of glorious southern California for another part of glorious southern California is most welcome. But I must admit I am completely agnostic about attending the AALS. I scan the program for...
The New York Times has a thoughtful piece by Adam Liptak this weekend on the Obama Administration’s difficult choice in its forthcoming brief in the Supreme Court case of al-Marri v. Pucciarelli. Essentially, the Obama Administration will have to choose between continued detention, deportation to a third country, or prosecution. Each choice is perilous. If...
Alan Dershowitz published an editorial yesterday in the Wall Street Journal that argues Israel's attacks on Hamas in Gaza are "perfectly proportionate." I have no desire to argue the substance of that point, in part because views on Israel and Palestine are largely impervious to facts or argument (on both sides), but largely because the concept of proportionality is so...
OK, I know the blogosphere has chewed over this article from the Wall Street Journal, and spit it out already, but I still can't resist posting this WSJ graphic describing a Russian professor's prediction about the end of the Union sometime in the middle of Obama's first term (in which case he would be the reverse-Lincoln). I can see...
The Somali piracy problem is not really a military one. No one doubts that the world's modern navies can overwhelm any pirates they find. The problem is really administrative and legal. For instance, France's recent reported capture of more Somalia-based pirates is kind of cool, but what has really been accomplished. According to this report, France is planning to take...
What happens to litigation that obviously should be pursued in a foreign country but is prevented from doing so by a forum non conveniens blocking statute? That's the question presented in a recent Florida state court case of Scotts Co. v. Hacienda Loma Linda. Here are the basic facts: Scotts sells a product to Hacienda that allegedly...
In response to Roger's recent survey, many of you called for more international law discussion here at Opinio Juris. In that spirit, here's an interesting nationality question to ponder as you enjoy your New Year's Day celebrations: It was already a packed flight from Amsterdam to Boston, but passengers and crew were more than happy to make room for one extra...
Germany has sued Italy before the ICJ challenging successful Italian lawsuits that have denied Germany's sovereign immunity arising out of World War II forced labor claims. The ICJ press release is here. Here is Germany's key argument: “In recent years, Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State. The critical...
