Search: Affective Justice: Book Symposium: A Response

I’m at Harvard Law School today for a symposium, Cybersecurity: Law, Privacy, and Warfare in a Digital World. I’ll be talking about my e-SOS paper, how international law deals with cyberthreats, and ways it could do a better job. Anyone who’s interested can watch the proceedings; it’s being live web-cast here. I wanted to flag a fascinating debate over the future of the Internet that just occurred between HLS Professor Jonathan Zittrain and Stewart Baker. Baker, of Volokh fame, is well known for flagging the great potential of cyberthreats to...

Albany Law Review sponsored a symposium today on the topic of “Outsourcing Authority: Citation to Foreign Court Precedent in Domestic Jurisprudence.” It included a number of speakers, including Ken Kersch, Susan Karamanian, John McGinnis, John Baker, Mark Tushnet and yours truly. Wonderful debate about Roper v. Simmons, Lawrence v. Texas, Charming Betsy and the general trend toward citation of foreign and international authority. The most revealing comment came from Mark Tushnet on the subject of constitutional comparativism. He said, “If contemporary U.S. liberals have gotten off the rails they should...

...International Law and Politics, and the Harvard International Law Journal. We had book discussions on Anupam Chander’s book The Electonic Silk Road, Freya Baetens’ edited volume on investment law within international law, Jeffrey Dunoff’s and Mark Pollack’s edited volume on international law and international relations theory, Katerina Linos’s book The Democratic Foundations of Policy Diffusion: How Health, Family and Employment Laws Spread Across Countries , Eric Posner and Alan Sykes’s book The Economic Foundations of International Law, and Curtis Bradley’s book International Law in the U.S. Legal System. We also...

John Yoo and I will be discussing our new book, Taming Globalization, tomorrow night, Wednesday, March 28, 2012 from 6-8 p.m., at the The New York Athletic Club, 180 Central Park South New York, New York in an event hosted by the Federalist Society. Anyone who is interested is welcome to attend! For those of you on Long Island (and I know there must be at least a couple out there) we are holding a similar event at Hofstra Law School, Room 308 on Thursday, March 29 from 6-8 p.m....

Next week we’ll be hosting a discussion of our own Peter Spiro’s Beyond Citizenship: American Identity After Globalization (Oxford University Press). As readers of this blog know, Peter has many wonderful insights into the way that citizenship and national identity interact in a globalizing environment. (His latest post on Pamela Anderson is just the latest lighthearted example of his much larger project). The book uses citizenship practice as a lens on national identity, with discussions of birthright citizenship, naturalization, and plural citizenship, as well as of citizenship’s place in defining...

[Richard H. Steinberg is Professor of Law at the University of California. Los Angeles; Visiting Professor of International, Comparative & Area Studies at Stanford University; and Director of the Sanela Diana Jenkins Human Rights Project.] I am grateful for Ian Hurd’s thoughtful comment on my book chapter partly because it supports my claim that that everyone borrows from the realist tradition. Moreover, Hurd’s comment inadvertently recapitulates a narrow structural realist view of international law (recalling the associated dysfunctional debate of the 1980s) that I intended my chapter to supersede, offering...

...a basis for attacking the feasibility of much of the normative work that espouses changing the status quo in international law. In IL, a field that remains driven largely by normative agendas, realists constantly raise annoying facts and analyses that spoil the party. Finally, realists don’t see nearly as much customary law in the world as most international lawyers who aspire to build a more legalized world order. What’s not to hate? This book chapter argues that realism remains very much alive, not only because international lawyers have kept it...

I’d find it difficult to think of a book more deserving of the ASIL certificate of merit than Anthea Roberts’ Is International Law International? This is especially so because this is a book about international lawyers, rather than about the law as such; it is a foray into a sociology of our profession, examining in particular to what extent that profession is really a common or shared one. The book explores many themes – internationalism v. parochialism, centre/periphery dynamics, the need for more rigorous empiricism rather than casual reliance on...

...the ATS. Kevin Heller revisited his post on the legality of preventive self-defense. From Monday onwards, Opinio Juris brought you a book symposium on the recent book by Professor Tai-Heng Cheng of New York Law School, When International Law Works: Realistic Idealism After 9/11 and the Global Recession. Tai-Heng Cheng introduced his book here. Julian Ku described the main argument of the book in a “short bloggish description” as We should follow formal, positive international law most of time, except when we shouldn’t. In those cases, we should find a...

...you may have picked up that this is a day I do not let pass unmarked. I’ve invited my followers to celebrate the Day of the Discovery of Europe every March 4th for the past five years. This year, is no different. Except it kind of is: instead of just noting the day, I want to also share with you my thoughts on Dr. Caroline Dodds Pennock’s wonderful new book, “On Savage Shores: How Indigenous Americans Discovered Europe”. As you can tell from the title alone, Dr. Dodds Pennock’s book...

Our esteemed guest blogger Michael Scharf and my Washington College of Law colleague Paul Williams brought out a very interesting volume from Cambridge UP last year, Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser. Over at Lawfare, Jennifer Daskal, friend to many of us from her days at Human Rights Watch and the last couple of years at the Justice Department, and currently a Georgetown fellow, reviews the book. (PS: And congratulations to Jen on her new baby, now a...

I wanted to flag for readers an on-line discussion that we are planning for next Monday-Wednesday, March 2-4. We will be pleased to host Richard Gardiner (University College London) for a discussion of his book, Treaty Interpretation. In addition to comments by the regular contributors, we will have several distinguished guest bloggers, all of whom know a thing or two about treaties: Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers (Helsinki). Among the potential topics will be discussion of the continuing vitality...