In case you missed it, Rick Santorum asserted earlier this month that it's open season on old people in the Netherlands - that euthanasia accounts for 10% of all deaths and that the elderly walk around with "Do Not Euthanize" bracelets in the way of medical alerts. Nothing new on the home front: it's long been red meat for Republicans to...
Our thanks to everyone who has participated in this symposium—John Bellinger, David Sloss, Chimene Keitner, and Steve Vladeck—as well as to Matt Christiansen, who has coordinated the symposium for YJIL. It’s been such a pleasure to see the thoughtful and varied reactions to our Article. Here we take the opportunity to offer a few brief words in response...
Over at Lawfare last Friday, Bobby Chesney commented on a NY Times article reporting that military commission charges have been initiated against Ali Musa Daqduq. Chesney describes Daqduq as “a Hezbollah member involved in an attack on American forces in Iraq in which the attackers disguised themselves as American soldiers and Iraqi police and in which several captured American...
At Wednesday's debate, Mitt Romney claimed that one of the reasons Iran supports the Syrian government is that Syria is Iran's "route to the sea." Hmm: Where's Syria? Oh, yeah, it's off to the left -- past Iraq. And what's that funny blue thing to the south of Iran? Could it be...
Just two days ago, in his dissent in Douglas v. Independent Living Center of Southern California, Chief Justice Roberts argued that Medicaid beneficiaries should not be able to pursue injunctive relief under the Supremacy Clause against California state officials alleged to have violated the substantive provisions of the federal Medicaid statute, given that the federal law neither (1) provides a...
Hathaway, McElroy, and Solow offer an overview of attempts to enforce treaties directly in U.S. courts, as well as a typology of underappreciated modes of treaty enforcement, which they label indirect, defensive, and interpretive. In so doing, they enable us to better appreciate the ways in which courts engage with treaties, while at the same time reminding us that “the...
It is a privilege to comment on the excellent article by Professor Hathaway and her co-authors entitled “International Law at Home: Enforcing Treaties in U.S. Courts” (“IL at Home”). The article makes several important contributions to the growing body of scholarship on the domestic application of treaties in US courts and I agree with many of the authors’ central claims....
As a member of the Secretary of State’s Advisory Committee on International Law, both while I was Legal Adviser and under Harold Koh, Oona Hathaway has made very useful contributions to the work of the Legal Adviser’s office, especially on treaty issues. “International Law at Home,” which Oona has written together with her colleagues Sabria McElroy and Sara Aronchick...
I hadn't heard about this story, and I am still rather stunned to read that ...
We would like to open with a word of thanks to Opinio Juris, to our editors at the Yale Journal of International Law, and to the commentators who have agreed to participate in this discussion, for making this symposium possible. We are so grateful to be a part of this community. Our article, International Law at Home: Enforcing Treaties...
The Yale Journal of International Law (YJIL) is pleased to continue its partnership with Opinio Juris through this symposium. Today we will be discussing an Article by Oona A. Hathaway (Yale Law School), Sabria McElroy, and Sara Aronchick Solow, (both Yale Law School class of 2010) entitled International Law at Home: Enforcing Treaties in U.S. Courts and published in Vol....
Last week the Fifth Circuit rendered a fascinating decision in McGee v. Arkel Int'l about choice-of-law rules as applied to torts in Iraq. I've never seen anything quite like the Iraqi law in question, so I thought it is worth sharing for the private international law aficionados among our readers. The Iraqi law in question, passed by the...
