[Harold Hongju Koh is the Legal Adviser, United States Department of State; previously he was Martin R. Flug ’55 Professor of International Law and Dean, Yale Law School (2004-09), as well as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor (1998–2001). This tribute is adapted from "The Future of Lou Henkin’s Human Rights Movement," Columbia Human Rights Journal...
[John Dehn is an Assistant Professor in the Department of Law at the United States Military Academy. The views expressed in this post are his own and do not necessarily reflect those of the Department of Defense, U.S. Army, U.S. Military Academy, or any other department or agency of the U.S. government] I agree with Kevin that not every wartime decision...
You can find the brief here. I was going to write about the "political question" section, but Ben Wittes beat me to it. Here is what he says (emphasis mine): Fifth, the groups’ arguments that the case does not present a political question are deeply radical and fascinating. For present purposes, consider only some of the main themes...
At Foreign Policy, Bill Egginton, the chair of German and Romance Languages and Literatures at Johns Hopkins -- and more importantly, my best friend -- has a fascinating article on Mario Vargas Llosa, the Peruvian novelist who just won the Nobel Prize for Literature. Here is a snippet: [H]is latest book, El sueño del celta, which will be released on Nov....
A while back I wrote a sort post on the violent political economy of rare earth elements, also known as REE's. A recent Congressional Research Service report (.pdf is here) describes the central (and until recently under-reported) role of REE's in the modern economy and national security infrastructure: Some of the major end uses for rare earth elements include use in automotive...
Obama apologized on Friday for experiments conducted in Guatemala between 1946 and 1948 in which American scientists deliberately infected prison inmates, prostitutes, and mental patients with syphilis without their consent. The apology is a striking reminder that the Nazis were not the only ones that conducted horrific, non-consensual medical experiments on human subjects in the first half of the 20th...
One aspect of Amos’ proposal that I think needs to be emphasized is that he suggests curtailing certain types of speech because of certain hoped-for practical advantages in counter-terrorism. It is, essentially, a utilitarian argument. However, taking his suggestion on its own terms, I am not persuaded that the U.S. undertaking a new policy of curtailing religious speech would in...
In its motion to dismiss the ACLU/CCR lawsuit, the government argues that the plaintiffs lack standing to bring the lawsuit on al-Aulaqi's behalf, because al-Aulaqi has the option of surrendering to the government and bringing the lawsuit himself: Defendants state that if Anwar al-Aulaqi were to surrender or otherwise present himself to the proper authorities in a peaceful and appropriate manner,...
Thanks to Opinio Juris for inviting me to comment on Professor Guiora's new book. I look forward to the interchange with him and the other participants. Professor Guiora deserves credit for tackling the very controversial and timely topic of religious terrorism. Much of what he says is thought-provoking. He tries to be fair and avoid “religion-bashing.” He concedes that religion can...
Society has historically ---unjustifiably and blindly---granted religion immunity. That immunity has been expanded to include religious extremism; doing so, presents an imminent danger to civil society. In many ways the failure to adequately protect society falls squarely on the shoulders of society; the refusal to directly address religious extremists is purely self-imposed. Religious extremists manipulate society’s sensitivities which, in large...
We are very pleased to host for the next three days a discussion of Amos Guiora's new book, Freedom from Religion: Rights and National Security(Oxford 2009). Amos is probably well known to many readers of this blog, a professor at the University of Utah's S.J. Quinney College of Law and a retired Lieutenant Colonel from the Israel Defense Forces Judge...
Ben Wittes at Lawfare and Adam Serwer at TAPPED traded posts today on the government's motion to dismiss the ACLU/CCR lawsuit. I think the exchange -- particularly Wittes' response to Serwer -- illustrates perfectly why discussions about national security between conservatives and progressives always seem to have a Pinteresque quality. Here is the point to which Wittes responded: I think it's...
