I am still digesting the transcript of the Kiobel reargument today, although I can say that nothing in the argument today has changed my view that this brief (which both Ken and I signed) represents the best approach to resolving the case. I will say, however, that nothing in the argument suggested that any member of the Court is considering...
This week on Opinio Juris, we are happy to announce that the blog is now available on Kindle devices to our US readers. This new feature allows you to read the blog even when you are not wirelessly connected, and we hope that those of you who are often on the road will appreciate it. We of course welcome any...
Prof. Martin Flaherty of Fordham was gracious enough to join me for a (short) podcast hosted by the Federalist Society on my book (co-authored with John Yoo) Taming Globalization. Marty takes John and I to task for our analysis of non-self-executing treaties and our lack of analysis of congressional-executive agreements. One of his most salient points is that our book argues...
UN Human Rights Chief Navi Pillay has argued that US drone strikes in Pakistan raises legal questions. China has promised "sincere and selfless" help to Afghanistan, committing to increasing aid, investment and security cooperation. In other news about China, it has also introduced new legislation to restrict internet use. Sudan and South Sudan have called off their peace talks with no deal in sight. Sudanese...
[Beth Karlin is the Program Director of the Transformational Media Lab within the Center for Unconventional Security Affairs (CUSA) as well as a Research Associate at the California Institute for Telecommunications and Information Technology (Calit2) and a doctoral student in the School of Social Ecology at University of California, Irvine. Her research focuses on the potential and application of new media and technologies for civic...
If you happen to be around Charlottesville tomorrow, Friday, February 10, you might want to come over to a symposium on how to resolve conflicting legal norms in US and foreign courts: The conference – organized by the student-run Virginia Journal of International Law and the John Bassett Moore Society of International Law – will explore how to resolve conflicting legal norms...
My bad for not mentioning this some time ago, but tomorrow, Thursday, 12 noon, we at Washington College of Law, American University, will have Michael Leiter, former director of the National Counterterrorism Center, as keynote speaker. He will be followed by a panel that will include myself and my colleague Steve Vladeck — but more important than either Steve or...
A busy week of grading prevented me from addressing Ken's May 6 post on battlefield geography along with the May 6 news that the US conducted a drone attack in Yemen any sooner, but there should be an important take away on the boundaries of the battlefield from the bin Laden operation. An often heard complaint about the US conduct of...
I hope readers have been following the backlash against CUNY's Board of Trustees for its cowardly decision not to award Tony Kushner an honorary degree from John Jay college because one trustee -- with no notice, and giving Kushner no opportunity to respond -- lied about his political beliefs and accused him of being "anti-Israel." Here is a bit of...
I have my podcast debut this week over at Surprisingly Free -- "a weekly podcast featuring in-depth discussions with an eclectic mix of authors, academics, and entrepreneurs at the intersection of technology, policy, and economics." I talk about my forthcoming article, An e-SOS for Cyberspace, with Surprisingly Free's host, Jerry Brito. Click here for a listen....
The Foreign Sovereign Immunities Act of 1976 is perhaps the most important example of the U.S. Congress exercising its power to implement and interpret international law principles as part of domestic law. It is a basic and foundational statute implicating almost all kinds of international litigation in the U.S. And it is a statute which the Supreme Court (and lower...
I rarely listen to podcasts, but this podcast by Ann Althouse is definitely worth ten or fifteen minutes of your time. The first half discusses the irony of Judge Taylor’s decision requiring respect for the rule of law. Althouse says of Judge Taylor, “How dare you criticize the President for abusing power when you are blind to your...
