The Sixth Circuit last week rendered an important amended opinion in O'Bryan v. Holy See addressing the question of whether the Holy See could be sued for its role in the clergy sexual abuse scandal. The decision is fascinating and should be quite controversial. As an initial matter it is worth pondering the essential conclusion of the Court: every...
Alexander Cooley of Barnard College and the Harriman Institute at Columbia University has an op-ed in the International Herald Tribune looking into how and why the U.S. is in the process of losing its air base in Kyrgyzstan. The story really gives a sense of the brass tacks of the so-called New Great Game: actually a not-so-great game of payoffs, more payoffs, threats, and...
I have been meaning to do a post about the Supreme Court's first antidumping decision in decades, but frankly the case is a yawner. The question in United States v. Eurodif is whether the importation of low enriched uranium (LEU) is a good or a service. If it is the latter, then it cannot be subject to antidumping...
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,...
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...
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...
With Samuel Huntington's passing on December 24th, I thought I'd post something on his "clash of civilizations" theory. Then I came across the following couple of posts from Strange Maps that not only relate to Huntington's interests, but are quite interesting in their own right. They illustrate the ongoing interrelation of geography, culture, and historical boundaries on modern domestic and...
It turns out that all is not lost for the Lisbon Treaty (aka the EU Reform Treaty). It had all the markings of an unperfected treaty after Ireland gave it a "no" vote this past summer via a referendum. (Interestingly, Ireland was the only state to hold one, since negotiators had designed the Reform Treaty to avoid such reviews given what they did to the...
A number of readers have e-mailed to ask why, given my interest in all things ICTY, I have not said anything about the Karadzic case. The answer is relatively simple: I have been serving for the past two months as one of Dr. Karadzic's primary legal advisers, which raises a number of complicated issues vis-a-vis blogging. On the one hand,...
Remarkable story in today's Wall Street Journal, front page, December 1, 2008, about a Latvian economist arrested and held for several days - not finally charged - for expressing pessimistic sentiment about the stability of the Latvian financial system: How to Combat a Banking Crisis: First, Round Up the Pessimists Latvian Agents Detain a Gloomy Economist; 'It Is a Form of Deterrence' I have stuck...
Both pretty and pretty fascinating. See this post at Catholicgauze and this one at Gene Expression. Also, tdaxp relates this map to a deflation of Russian power....
