With the Supreme Court term now complete, I thought it would be useful to give a brief year-end review of the Court's decisions. The Supreme Court produced no blockbuster cases this year on any subject related to our discipline. It was truly a sleeper year. There were three cases addressing immunity; two cases addressing asylum, one case...
Cross-posted at Balkinization Various developments on the resolution-of-Gitmo front to discuss. First a quick note on a recent signing statement. Then on to rumors of a contemplated executive order on detention issues. The war spending bill I recently mentioned barring the president from bringing any current Gitmo detainees to the United States was signed into law by the President...
Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion. However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what...
A quick update on the OTP's efforts to include genocide charges in Bashir's arrest warrant. Pre-Trial Chamber I has now granted leave to appeal the issue I've discussed before -- whether it misunderstood Article 58's "reasonable grounds" requirement when it rejected the genocide charges. It's a very defensive decision, almost certainly written by Judge Steiner, who is the only holdover from...
It seems likely that Spain is about drastically curtail its universal jurisdiction law--the law that had been used by Magistrate Baltasar Garzon to go after Augusto Pinochet--such that it really won't be universal jurisdiction at all. While some (many?) of my international law colleagues may view this as a step backwards, I welcome this adjustment as a prudent move that will foster...
So, it looks like Britney Spears may be back on the silver screen in the near future -- in a Holocaust movie: Spears...
(Note from Ken: OJ has been very pleased to have Amos Guiora guest-blogging with us last week, offering a series of posts on the question of administrative detention in Israel, and how its legal and security system address the many complex questions raised. I raised to Amos a question about the role of the judiciary in Israel in counterterrorism operations,...
Legend has it that the Danes undermined German efforts to persecute Jews in Denmark by acting in solidarity with them by wearing the yellow star. (And yes I know the story is apocryphal). We can't exactly do the same thing today for Iranians, but one small act of solidarity we can do is make it easier for Iranians to...
Saree Makdisi, a professor of comparative literature at UCLA and an old friend from the literature program at Duke, has a superb editorial in today's Los Angeles Times about the media's -- and thus our -- use of language concerning Israel and Palestine. Here's a taste: In the U.S., discussion of Palestinian politicians and political movements often relies on a spectrum...
With the number of the exonerated now at 240, giving prisoners the right to prove their innocence through DNA testing would risk “unnecessarily overthrowing the established system of criminal justice.” It might lead to a reasonably accurate one....
As most people probably know by now, the Washington Post, completely overburdened by liberals like Charles Krauthammer, Bill Kristol, George Will, Jim Hoagland, Michael Gerson, Robert Kagan, Fred Hiatt, David Broder, Richard Cohen, John Bolton, Joe Lieberman, and Douglas Feith, has fired Dan Froomkin, author of the wonderful blog White House Watch. Froomkin has yet to say anything about his firing, other than that...
David Bernstein is back with another attack on Human Rights Watch. This time, he's up in arms that an HRW official had the temerity to criticize Israel in Saudi Arabia during a fundraising dinner: A delegation from Human Rights Watch was recently in Saudi Arabia. To investigate the mistreatment of women under Saudi Law? To campaign for the rights of homosexuals,...
