In this article, I present a comparative study of constitutional obscenity doctrine in the United States and Canada, and argue that the community standards test that has long been the touchstone of this jurisprudence cannot be reconciled with fundamental principles of freedom of expression and conscience. In the United States, the imposition of community standards of morality is at odds...
Thanks to Matt for his very thoughtful comments. I agree with almost all of them, so will take this opportunity to amplify on some of the issues he raises. First, Matt “wonder[s] whether administrative detention is so underdeveloped, or so expansive a concept, that it doesn’t make sense to think of it as a single model at all.” I agree with...
I thank YJIL and Opinio Juris for the opportunity to comment on Monica Hakimi’s article, “International Standards for Detaining Terrorism Suspects: Moving Beyond the Armed Conflict-Criminal Divide.” Monica’s important paper will contribute to a raging debate likely to grow more intense as President-elect Obama moves to shut down Guantanamo and put U.S. detention policy on sounder legal footing. ...
Thanks to Opinio Juris for hosting this symposium. I read the blog regularly so know to expect a lively and interesting discussion. My article addresses the international legal rules for detaining “non-battlefield terrorism suspects”—i.e., suspected terrorists not captured on a conventional battlefield or in the theater of combat. Despite the extensive literature on the rules that govern the “war on terror,”...
The Yale Journal of International Law (YJIL), one of the world’s leading journals of international and comparative law, is pleased to continue its partnership with Opinio Juris in this second online symposium. This week, we will be featuring two Articles published by YJIL in Vol. 33-2, both of which are available here. Thank you to Peggy McGuinness and the other...
Salon.com has an article today about the Obama administration and torture that floats the horrifying possibility -- all too real, I'm sure -- that Bush will issue a blanket pardon for "anyone who participated in, had knowledge of, or received information about Bush's interrogation program during the so-called war on terror." I'm not going to waste precious pixels responding to...
As most readers likely know, Germany recently arrested Rose Kabuye, the President of Rwanda's chief of protocol, on behalf of France, who intends to prosecute her for being involved in shooting down then-President Juvenal Habayarimana's plane, the event that triggered the Hutu-led 1994 genocide. It appears that Kabuye actually wants to be prosecuted, because it will give her -- and...
I sharply criticized New York Times reporter William Glaberson - the Times's chief Guantanamo reporter - last week for, among other things, failing to take note of Benjamin Wittes and the centrality of his book, Law and the Long War. I am happy to report that Glaberson has a new article out in today's NYT, this time interviewing a wide...
I have often argued that suspending the ICC's investigation of Bashir in the name of "peace" would be a mistake, because Bashir has taken peace seriously only when faced with the prospect of significant international sanctions. Today Michelle F. at Stop Genocide makes that argument far better than I ever could. Here is a taste: Yes, we are talking about millions...
A reader email to John Derbyshire at NRO ...
[caption id="attachment_5503" align="alignright" width="250" caption="Malé, Maldives"][/caption] This week's news out of the Maldives is the sort of story that makes international lawyers salivate. It has something for everyone, bringing together issues of democracy, transitional justice, climate change, the law of the sea, not to mention good, old-fashioned sovereignty. On Tuesday, Mohamed Nasheed was sworn in as the archipelago's new President, ending...
According to news reports, President-elect Obama is going to take major steps to end President Bush's system of trial via military commissions. It sounds...
