Search: Affective Justice: Book Symposium: A Response
10 Feb A Response to John Armour, Jack B. Jacobs and Curtis J. Milhaupt by Zenichi Shishido
...capital markets. It is also important to note that they provide an analytical framework for analyzing different modes of business law reform in general, from the perspective of demand- and supply-side factors, which could be applied to a wide range of legal reforms. The article starts by raising a good question of why the regulatory responses to hostile takeovers are very different among the three countries who share the similar capital markets (the United Kingdom, the United States and Japan). After applying their analytical framework to the three countries, the...09 Apr Response to D. Zaring
...question for each reader of the article to judge. This being said, I would vigorously defend my emphasis on the failures of the Basel Committee. I would do so in light both of the disagreements of the 1990s and of the Committee’s resolute insistence, throughout the 2000s, in going forward with a capital adequacy model that is now widely regarded as theoretically flawed and overly responsive to the banks’ preferences. For more detail, I highly recommend Daniel Tarullo’s recent book on Basel II. Second, David raises the crucial question of...24 Nov A Response to Douglas Guilfoyle by Beth Van Schaack
...(a point acknowledged in the above commentary but not in the article itself). Nor does IHL provide national authorities with any authority to capture and detain individuals engaged in non-international armed conflicts without the privilege of doing so. Rather, such responses will continue to be governed by other sources of national and international law, including the law of the sea and international human rights law. So, even applying IHL to this potential scenario results in a renvoi to a law enforcement model of capture, detention, and prosecution. Regardless of the...02 Jul A Response to Galit Sarfaty
...the two requirements of CIL. On the other hand, a vague definition runs the risk of being empty rhetoric that does not require the World Bank to do much of anything, let alone out of a sense of legal obligation. Sarfaty concludes her response by asking whether one should distinguish between legal internalization and social or political internalization. My answer, both here and in the article, is an emphatic “yes,” and the current requirements of CIL provide the place for us to look to discern whether a moral norm has...14 Feb A Few Thoughts on Eugene Kontorovich’s Response to My Post
Eugene has graciously responded to my earlier post; you can find his new post here. It’s well worth a read. I just want to offer a few thoughts on Eugene’s response, because I think it fails to address the core of my critique: that it is incorrect to claim, as Eugene did in his first post, that Europe’s opposition to the juvenile death penalty is based on the idea that “minors are not really responsible for their actions.” I argued that, on the contrary, Europe’s opposition to the juvenile death...
17 Feb The OTP Lets Australia off the Hook
...letter was a sufficient response to very serious allegations made against the Australian government by one of its own MPs. As I’ve tried to show in this post, the OTP’s analysis of those allegations is factually deficient and legally questionable. But perhaps that’s why the response is so cursory. A more searching analysis, one that took seriously the damning facts in our communication to the OTP, would almost certainly have concluded that the Australian government is responsible for a wide variety of crimes against humanity on Nauru and Manus Island....25 Nov Response by Professor Ann Bartow, “Obscenity and Community Standards”
...spread of sexually transmitted diseases including HIV due to widespread demands for unsafe sex practices during pornography production are not discussed by Boyce. Nor are the high rates of substance abuse and suicide among performers. He does not engage with any of the scholarly work on this subject at all, nor even the cultural evidence (he could have consulted one of a number of scholarly works, including Sheila Jeffrey’s new book, The Industrial Vagina ). The late (and much missed) David Foster Wallace devoted a chapter of his book Consider...22 Oct The U.S. Can “Drone” the Benghazi Perpetrators, Even If They Are Not Linked to Al Qaeda
Kevin and I have still never met in person, but we’ve already had our first twitter encounter last week on the legality of a U.S. military response to the attacks that killed the U.S. Ambassador in Libya (as well as three other Americans). Although the news reports on the attacks are not exactly clear, some have suggested that there is no Al Qaeda link to the groups behind the Benghazi attacks. This does suggest a new wrinkle to the legal analysis of any U.S. military response. First, under domestic American...
08 Dec COVID-19 and Africa Symposium: Lockdowns, the Right to Work and the Rule of Law in Namibia
be strictly and narrowly interpreted, the Court warned that the lawfulness of COVID-19 response measures “do[es] not depend on how laudable … they are”. This judgment makes it clear that expansion of executive powers in response to COVID-19 must be regulated to ensure that they are not misused, and that courts should where necessary intervene to ensure executive compliance with the rule of law. Government response to COVID-19 in Namibia When the first cases of COVID-19 were confirmed in Namibia on 14 March 2020, the Government began to take measures...06 Nov A Response to Katherine Stone
I would like to thank Kathy Stone for commenting on my Article and agreeing to participate in this symposium. She has sharply characterized the main arguments of my paper and made two very helpful criticisms. Both of these are great prods for future work. Let me respond to each of these suggestions in turn. Stone is right that I devoted most of my attention analyzing Doing Business’ main agenda, which I called substantive flexibility: increasing employers’ ability to fire, hire, and set working conditions, thereby decreasing employers overall labor costs....