Search: Affective Justice: Book Symposium: A Response

08 Dec A Response to Justine Nolan by Odette Murray, David Kinley and Chip Pitts

Jordan Response... In my opinion, the issue of liability under international law is a question of international law, not U.S. domestic law. Logically, one cannot violate international law if one does not have a duty (liability) under international law. I would prefer that the U.S. Supreme Court continue to recognize what it has already recognized in at least 20 Supreme Court cases! -- that corporations and companies can have duties and rights under international law, customary and treaty-based -- as documented in the only law review article to date that...

09 Jun A Response to Paul Dean

...to property. CarrieLyn Guymon Response... The ECJ's decision in Kadi is interesting, but it did leave in place the asset freeze, providing an opportunity for the sanctions to be maintained so long as some additional post-hoc process is afforded. My article recommends that the US also provide more information regarding the basis for designations under E.O. 13,382. The ECJ agrees that this need not be done in advance nor should it jeopardize the need to protect classified information. I think that the process in the EU can be tweaked slightly...

24 May Islamic Law and Progressive Politics

...Wahid thinks the best response is better jurisprudence Filali-Ansary thinks the best response is better politics. There is a middle ground. Wahid suggests that outside the four corners of the Qur’an Islamic law is highly indeterminate and largely reflects past or present political choices. Perhaps both authors would be satisfied with an interpretive approach that opened up space for political discourse by emphasizing ambiguity and narrowing the reach of Islamic law to its clearest applications. Such an approach would deny clear legal support to progressives and their opponents alike, leaving...

31 Jan Competition and Control in International Adjudication: A Response

Catherine Rogers Both Jacob Cogan’s interesting essay, and Larry Helfer’s thoughtful response, address issues of competition and control in international adjudication, focusing on public international law tribunals. While these are an essential part of the story, there are other tribunals and cases that rightly fit in the general category of “international adjudication,” including international arbitral tribunals and national courts. As an initial matter, under virtually any definition, most notably Lon Fuller’s classic formulation, arbitration constitutes a form of adjudication. While ostensibly private, even when States are not parties, international arbitration...

04 Sep The Utility of International Law Courses — A Response to Posner

...law in any year unless you want to work as a lawyer in the State Department or certain obscure precincts of the Justice Department, hope to work for an international organization such as the United Nations or an international NGO with a legal agenda such as Human Rights Watch, or have an academic or intellectual interest in international law and international relations. If you are in any of these categories, wait till your second year. For most law students, who aspire to work in regular law firms, or in prosecutor’s...

02 Mar Medellin: A Response to Comments

Andreas Paulus Julian, Thanks for your response, which I think is very helpful to clearly understand what the debate is about. But there is one point that troubles me in your argument: You argue in favour of dualism (and for the control of the executive branch over international law - government by men, not law, in that sphere), but the Constitution has decided otherwise. That is what Article VI is about. Of course, later case law has it that a treaty must be self-executing, and that makes perfect sense as...

02 Aug Opinio Juris Symposium: Thoughts in Response to Professors Spiro and Ku

Peter Spiro Mike, Thanks for the response. All points well taken. I don't for a minute mean to imply that this isn't a worthwhile project. The fact that others clearly see value in historical textualism alone makes your book an important one, and it's interesting history to boot. Nor would I argue that text and its historical meaning is completely irrelevant in confronting contemporary controversies. But I would discount it pretty steeply. Only where founding materials work to establish a norm's pedigree do I think it serves much purpose. Any...