Regions

The Ninth Circuit this week ruled that there was no federal policy with respect to the Armenian Genocide, thereby allowing insurance claims brought by Armenian nationals under a California statute to go forward. In Movsesian v. Victoria Versicherung AG, the Ninth Circuit distinguished Garamendi, concluding that there was no federal policy against recognizing the Armenian Genocide. Indeed, "[c]onsidering...

In this week’s Weekly Standard, Christopher Caldwell of the WS and FT has an essay specifically on the political economy of the euro-zone crisis, Euro Trashed: Europe’s Rendezvous with Monetary Destiny.  He notes that the European Union is built on a theory of successive crises, and that the euro was foreseen, perhaps intended, to provoke a crisis that would lead toward greater union; he quotes some of its founding fathers to that end.  (I think he might have added the dialectical ideology that underlay that sentiment, but does not.):
As we contemplate the macroeconomic storm that is now passing through Europe, we must bear in mind that this is a storm that the EU’s promoters knew would come. The euro’s designers understood Rahm Emanuel’s philosophy about not letting a crisis go to waste. “Europe will be forged in crises,” the European Community’s founding father Jean Monnet wrote in his memoirs, “and it will be the sum of the solutions brought to these crises.” When the French statesman Jacques Delors laid out his plan for the euro in the late 1980s, he drew a clear trajectory: A common market had made possible a common currency. A common currency would make possible a common government. But how would that happen? After all, if a currency worked well within the existing political arrangements, there would be no reason for those arrangements ever to change. New institutions could result only from the currency’s blowing up. Economic crisis would be the accidentally-on-purpose pretext for replacing a system based on parliamentary accountability with a system based on the whims of a handful of experts in Brussels. Europe’s countries now face the choice of giving up either their newfangled money or their ancient national sovereignties. It is unclear which they will choose.
Toward the end, the essay points out that although Greece is every bit as corrupt and profligate as the newspapers suggest, that was not the case with Spain, nor with Ireland, certainly not in the sense of Greece.  That is, Spain had quite good fiscal management and undertook measures that were thought quite strict at the time to protect its banks from the subprime crisis in the US, while many other European banks were as much a part of it as the US ones.  True, Spain's economy has many structural problems - a sclerotic labor market for those in the protected sectors and, today, unemployment for everyone else. But the adjustment mechanisms by which democratic market societies overcome interest group recalcitrance - monetize the debt and let devaluation lower wages (behind the veil of money, as we Marxists like to say) - were not available to it, having joined the euro.  Spain was overcome by a one-size fits all monetary policy, which to overcome in a democratic society through internal fiscal and regulatory means alone would require superhuman willpower (and perhaps, in the regulatory arrangement of the EU and eurozone at this moment, could not be achieved in any case, on account of too many arbitrage avenues around internal controls, of the kind designed for the purpose of one-size fits all):

I hope to have more to say in the next few days about Judge Bates' completely predictable decision to dismiss the ACLU/CCR lawsuit.  I just want to flag here what is the most obvious problem with it.  Judge Bates claims -- clearly trying to insulate himself from criticism -- that Contrary to plaintiff’s assertion, in holding that the political question...

The Swiss domain name registrar Switch announced today that it will not shut down Wikileaks.ch as a result of Wikileaks' criminal activity. It does so at its peril. The pharmaceutical industry has long faced the question of registrar liability for hosting illegal pharmaceutical drug websites. Legitscript.com, a pharmaceutical watchdog, has summarized the obligations of domain name registrars...

A couple of years ago, Josh Newcomer and I argued that political commitments have developed to a point where they should receive constitutional scrutiny.  In other words, we do not accept that because political commitments lack international legal force they should have absolute immunity from domestic legal processes.  Indeed, to the extent that political commitments may perform the same (or at least...

So Business Week reports, noting that Nigeria intends to file a request for a Red Notice with Interpol: Nigeria will file charges against former U.S. Vice President Dick Cheney and officials from five foreign companies including Halliburton Co. over a $180 million bribery scandal, a prosecutor at the anti-graft agency said. Indictments will be lodged in a Nigerian court...

I had a colleague ask an interesting question, "If Julian Assange is indicted and detained in London, would the U.S.-U.K. extradition treaty authorize extradition to the United States?" There's not an easy answer. The U.S.-U.K. Extradition Treaty requires "double-criminality"--the offense must be punishable in both States. Not surprisingly, the United Kingdom imposes criminal penalties for disclosing state...

Gotta say, even though I write about issues of self-determination, secession, and statehood, I didn't expect to read this on the front page of the Arts and Leisure section of the Sunday New York Times: At a glance it looked like any small-town fair, with smoke wafting from the barbecue, families gathering around picnic tables, music percolating over loudspeakers and doting parents...

In the past twenty years the world of investment arbitration has taken the commercial world by storm. There are over 2,750 bilateral investment treaties and almost every one of them has an arbitration provision. Investment arbitration is now a prominent feature of the arbitration landscape. Just as BITs have proliferated in recent years, so too have free...

"By no means should Google Maps be used as a reference to decide military actions between two countries." That's the official response from Google to news reports that Nicaragua invaded Costa Rica based on Google's improper drawing of the border. Details from the Tico Times. And no, the link is not to the Onion. The more serious question...