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...
If you are going to be around the DC area this upcoming Tuesday morning, and are interested in the current discussion over the issues of the torture memos, my colleagues in the WCL program on law and government have organized a terrific program. Tuesday, November 3, 2009, at Washington College of Law: “The Torture Memos: Lawyers, Ethics, and the Rule of...
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...
As everyone in the world probably knows by now, Dr. Karadzic's trial is set to begin on October 26th. The current trial date is the culmination of two interrelated decisions by the Tribunal: the Trial Chamber's unsurprising decision not to require the Prosecution to trim its monstrous and completely unworkable indictment (choosing instead to impose insignificant time-limits on the prosecution's...
It's good to be back battling with my fellow co-bloggers. I still owe Chris and Deborah a response on other matters, but let me just briefly respond to Kevin's smart but still not entirely convincing post. It's not that I have any serious rebuttal of Kevin's legal analysis of the Honduras Constitution (and I apologize for my boo-boo on the...
Senator Jim DeMint of South Carolina weighs in today with a WSJ oped blasting the Obama Administration's policy toward Honduras. Putting aside the merits of DeMint's analysis for the time being, I found his oped interesting for two reasons: one having to do with DeMint's somewhat sketchy actions, and the other with Harold Koh's potentially sketchy legal advice. 1) "One Voice"? DeMint is...
Today it was announced that Barack Obama has been awarded the Nobel Peace Prize. One cannot fully understand the reason for any Nobel peace award until December 10 (Nobel’s birthday), when the Laureate makes an acceptance speech and the head of the Nobel Committee explains their thinking in conferring the award. The official announcement alludes to the new...
Technology marches on, and here we have a demonstration video, on YouTube and Wired's Dangerroom, showing how a flying beetle can be implanted with miniaturized neural electrodes that allow the human operator to stimulate muscles that cause it to fly to the right or left. The applications to the battlefield, counterterrorism, etc., are obvious. (Thanks to National Journal's Shane Harris...
According to Newsweek, the answer may well be yes: As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into...
The Ninth Circuit last week argued that it did not have personal jurisdiction over DaimlerChrysler Corporation AG because it did not have continuous and systematic contacts with the forum. The case of Bauman v. DaimlerChrysler AG arose out of the alleged kidnapping, detention and torture of Argentinian citizens in Argentina by Argentinian state security forces acting at the direction...
Ruth Wedgwood comments at Forbes magazine website on the "compassionate" release of Al-Megrahi from prison in Scotland. I agree overall with Ruth: Abdel Basset Ali al-Megrahi, is now a free man. He was convicted in the specially created Hague trial court by a panel of Scottish judges, and his appeal was rejected by the Scottish appellate chamber. He remained in prison...
Baitullah Mehsud, the Taliban commander who orchestrated, among many other things, the assassination of Benazir Bhutto and many other atrocities, is dead. The initial, somewhat confused reports expressed some doubts, but experts are gradually concluding that a US Predator missile strike killed him. At the strategic level, this is one area in which the US is having success. One can find...
