In association with the International Commission of Jurists

North America

20 Oct

John Bellinger has been legal adviser to the State Department for the past four years.  In this speech to the International Law Weekend (October 17, 2008), he offers some reflections on his experience.  (We here at OJ were privileged to have John guest blog here in a unique and highly successful experiment in 'blogging with the Legal Adviser'.)  I excerpt...

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29 Sep

Along with my co-author, Joshua Newcomer, I've posted a new article on SSRN -- "Political" Commitments and the Constitution.  It's forthcoming in the Virginia Journal of International Law, so I expect readers will get a chance to comment on it here at Opinio Juris once it's in print as part of our regular VJIL symposia.  But, we'd also welcome comments...

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24 Sep

The Seventh Circuit in Osagiede v. United States earlier this month ruled that an attorney's failure to provide information as to the client's Vienna Convention rights may constitute ineffective assistance of counsel. Effective performance by counsel representing a foreign national in a criminal proceeding is reasonable performance “under prevailing professional norms.” ...

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21 Sep

Eric Posner, over at VC, remarks on the continuing attention to Carl Schmitt, and indeed the increasing attention to him within the American jurisprudential community: Why do people like me and Sandy Levinson keep talking about the Nazi philosopher Carl Schmitt? Schmitt was skeptical that a parliamentary democracy can handle crises: it can only role over and let the executive act....

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11 Sep

I don't watch television, so I wouldn't actually know, but I take it there was some sort of dustup in a Sarah Palin ABC interview in which Governor Palin was asked about the so-called Bush Doctrine.  I don't know exactly what the discussion was about, but I did get an email from a friend a little while ago that said,...

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04 Sep

This, according to an article in the Guardian, September 3, 2008, from a correspondent in Washington.  According to the story: "If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued," Biden said during a campaign event in Deerfield Beach, Florida, according to ABC. "[N]ot out of vengeance, not out of retribution," he...

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03 Sep

I want to join the rest of Opinio Juris in welcoming Tom; I have read Confronting Global Terrorsm and American Neo-Conservatism with great interest and am looking forward to commenting on it.  As befits someone who, on some definitions anyway, probably counts as a neo-con, I have some disagreements with the book - starting, unsurprisingly, with the definition of neoconservative...

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