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Search: Affective Justice: Book Symposium: A Response

09 Dec

creatures who reveled in a monstrous, inhumane program, thoughtfully created by minds so demented it has to hide its unspeakable, sick conduct in a maze of legal incoherence - and the torture continues in the shameful environs of Guantanamo Bay. The ACLU, like so many corrupted American institutions, now takes a path that deviates from justice, so desperately needed. Joe Response...In response to a comment, going by the logic of that short article, can someone be pardoned by POTUS for something like murder of an ambassador? The op-ed does to...
09.12.14 | |

07 Feb

...as "medical personnel," but that even combatants engaged in such activity were also considered hors de combat. JordanPaust Response... On another point, our Internatonal Criminal Law casebook notes that the ICC "knowledge" standard, which, yes, is different than intent (especially when courts use a knew or was aware approach -- see also the ICC stat. art. 30(2)-(3) re: "knowledge" and even "intent") is actually a higher threshold with respect to criminal responsibility than that under customary international law, which can involve a wanton / reckless disregard lower type of threshold....
07.02.12 | |

03 Oct

...judge, because the defining issue is power, not justice. However, there is a case to be made that we treat foreign white people better than the other colors. Also, I'm somewhat new here, but I've never read Ben's comments as he's a racial determinist. It's a factor for sure. If you ignore race, which is standard practice, you're missing something. Maybe "it" is important, maybe not, but "it" is always there. Jordan Response... Homefrontsix: The U.S. Const. applies abroad for, at least, U.S. nationals and in the case of an...
03.10.11 | |

24 Feb

...undeserving) influence on (at least the rhetoric of) the Republican Party Michael Darlington By the way, Patrick, I agree that Paul Kennedy's book "The Parliament of Man", which I have read, is very good. It does however have two major failings, I find. I don't know the O'Connell book but will now make a point of reading it. The two weaknesses I see in Paul Kennedy's book both arise, I think, mainly from its being too New York-centric (that's New York as in the UN headquarters in New York), but...
24.02.10 | |

08 Aug

...last fifty years show that American citizens overwhelmingly (between 80 and 90%) believe this false history which, of course, makes them feel better about killing hundreds of thousands of Japanese civilians (mostly women and children) and saving American lives to accomplish the ending of the war. The best book, in my opinion, to explode this myth is The Decision to Use the Bomb by Gar Alperovitz, because it not only explains the real reasons the bombs were dropped, but also gives a detailed history of how and why the myth...
08.08.06 | |

18 May

Presidency like George Gilder's Wealth and Poverty. Happy it sells books and does rub the Administration in the way it wants to be rubbed - but that does not deter from the fact that the book has the above fatal flaws. A more interesting book would be why this unrelenting attack on traditional international law that has alienated so many conservative as well as liberal scholars? Maybe it should be called "The limits of limiting international law." Best, Ben Davis Associate Professor of Law University of Toledo College of Law...
18.05.06 | |

22 Mar

is not and cannot be an Article II “natural born citizen.” Since he is neither “a natural born Citizen, [n]or a Citizen of the United States, at the time of the Adoption of this Constitution,” he is not eligible to be President and Commander in Chief of the Military. For my response to Neal Katyal and Paul Clement article, see Mario Apuzzo, A Response to Neil Katyal and Paul Clement on the Meaning of a Natural Born Citizen , accessed at http://puzo1.blogspot.com/2015/03/a-response-to-neil-katyal-and-paul.html . Mario Apuzzo, Esq. Ray Peter Spiro at...
22.03.15 | |

09 Jan

...Morocco. This aspect has been confirmed by 1975’s International Court of Justice’s (ICJ) advisory opinion, which, beside upholding the right of the country’s inhabitants to self-determination, pointed out that there were “legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara”. Sahrawis have the full right to self-determinate their future and Morocco should be considered accountable for its violations of human rights. Nonetheless, it is still today a matter of harsh debates to which extent Polisario – the Sahrawi...
09.01.14 | |

14 Jul

...(Article 9 of the ILC Articles would not be sufficient - that is not the sort of situation contemplated by the commentaries, cf. the Yeager case before the Iran-US Claims Tribunal). However, I think Israel still has the right to initiate a proportionate response in self-defense, even if this response hurts not only Hezbollah but also Lebanon. This is I believe the classical case of self-defense in response to an armed attack by a non-state actor, as first contemplated in the famous Caroline incident. I discuss this conflation between primary...
14.07.06 | |

16 Jun

JordanPaust Response... This argument seems a bit complex and legally ignorant in several respects. Of course, the better view is on JURIST. http://jurist.org/forum/2011/05/jordan-paust-libya-war-powers.php The magic word is "hostilities" -- and, of course we are directly involved in "hostilities" authorized by the UN SC and we are directly and unavoidably involved in an international armed conflict to which the laws of war apply. If the Obama Administration was not tunnel visioned re: the response to congressional critics it might have contemplated whether the pilots who were shot down and had "boots...
16.06.11 | |

18 Jan

Gabor Rona posted a response to Jens Ohlin yesterday. Jens responded at LieberCode — and now Gabor has responded to Jens’s response (and John Dehn’s comment on his OJ post). Here is what Jens wrote (reposted with permission): Many thanks to Gabor Rona for taking the time to continue this conversation. There’s a lot in Rona’s post, but I want to cut to the heart of the conceptual issue here regarding the inter-operation of these bodies of law. In terms of the relationship between IHL and IHRL, and the notion...
18.01.12 | |

31 Aug

that have to date blocked any meaningful response to the Syrian government’s actions.Response... Jordan Jennifer: footnote 44 of the 34 U. Pa. J. Int'l L. 431 (2013) article notes that Turkey, France, Saudi Arabia, Bahrain, the United Arab Emirates, Oman, Qatar, Kuwait, the U.K., and the U.S. had recognized the opposiiton as the legitimate leader of the Syrian people by the end of 2012. Kevin Jon Heller Jennifer, The only source you cite in defense of unilateral humanitarian intervention is the report issued by ICISS. But I fail to see...
31.08.13 | |