North America

Two genocide bloggers at Change.org, Michelle F. and Michael Bear Kleinman, have been engaged for the past couple of weeks in an impassioned debate over the ICC's arrest warrant for Bashir.  (See here and here, for the most recent installments.)  Michelle, though certainly not unaware of its dangers, supports the warrant.  Kleinman opposes it, blaming the ICC -- like many...

Stephen Cave has a very nice short essay at the Financial Times, reviewing three books on battlefield robotics ("The New War Machine," March 7, 2009), including a discussion of PW Singer's new book, Wired for War.   Talon is a robot. He is the future of warfare and, with more than 12,000 robotic machines already deployed in Iraq, he is also...

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...

This story in the continuing saga of Bowoto v. Chevron should give human rights litigants pause: Chevron Corp., which prevailed in a human-rights lawsuit seeking to hold it responsible for the shooting of Nigerian protesters at an oil platform, is seeking nearly $500,000 in legal costs from the villagers who brought the suit. Chevron's claim for reimbursement, filed in...

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...

I found this article in the Yale Alumni Magazine about Tony Blair's new Faith Foundation absolutely fascinating. Tony Blair is now teaching a course at Yale with the eminent theologian Miroslav Volf on the subject of "Faith and Globalization." According to the article, Blair is trying to use this foundation to encourage interfaith tolerance and dialogue. Given...

The Second Circuit last week rendered another important ATS decision addressing some of the most troublesome issues relating to human rights litigation against corporate defendants. In the case of Abdullahi v. Pfizer, the Second Circuit was faced with the question of whether involuntary medical testing on humans violates international law. Perhaps the most significant part of the decision was the...

My Washington College of Law colleague, Darren Hutchinson - a brilliant and distinguished scholar in constitutional law, jurisprudence, critical race theory and identity theory - takes on Human Rights Watch for the apparent shift in position on rendition it took under the Bush administration and long-time Washington advocacy director Tom Malinowski's comments on rendition under the Obama administration, as reported...

I have a new paper up on SSRN, appearing shortly in the Wayne Law Review, The Assumptions Behind the Assumptions in the War on Terror: Risk Assessment as an Example of Foundational Disagreement in Counterterrorism Policy.  Here is the abstract from SSRN, with apologies from the Department of Shameless Self-Promotion: This 2007 article (based around an invited conference talk at Wayne...

Although a DC resident, I couldn't persuade myself or my wife to brave the crowds or the cold to attend the inauguration yesterday, and instead watched it instead with a group of friends on hdtv.  Leaving aside Chief Justice Roberts fumbling the oath (see last graph in this post for President Obama retaking the oath on January 21), some of...