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Search: Affective Justice: Book Symposium: A Response

18 Jul

...peer review articles is that while your journal articles are peer reviewed (and this subject to the political self-interest) you also have "books" published through Oxford. Well it seems like the books are the subject to the same "peer reviewed" approval process. https://global.oup.com/academic/authors/submissions/?cc=il&lang=en& I also understand that in the peer review process you can "suggest" peer reviewers - ??? Is this true? So one can "suggest" people one knows will be partial to approving because the author cites to them in the paper or suggests personal friends or known political...
18.07.15 | |

09 Jun

...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...
09.06.09 | |

02 Aug

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...
02.08.07 | |

27 Jul

I would like to thank Opinio Juris for hosting this book discussion, and I would like to thank the several contributors for their insightful and provocative posts. This post responds specifically to Andrew Kent’s skeptical reaction to David Golove’s claim that the judiciary had an active role in policing executive branch compliance with the laws of war. I believe that the book provides a fair amount of support for Professor Golove’s claim, at least through the Spanish-American war. After the Quasi-War with France, the Supreme Court invalidated wartime seizures of...
27.07.11 | |

18 Mar

responses’, which peppered Alexander’s original written responses and that are now (thanks to Edward Snowden I assume) largely absent from Rogers’ answers; and (c) the softening of the language regarding the U.S. willingness to respond in self-defense where attribution is a problem. What do readers think? Is this all one, harmonious, consistent U.S. policy? Or, are there shifts in these responses that bear watching? Anyone interested in comparing the remainder of the two testimonies can do so by seeing what Alexander wrote here versus Rogers’ more recent written responses here....
18.03.14 | |

08 Dec

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...
08.12.11 | |

02 Mar

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...
02.03.05 | |

16 Mar

of the Modern Position, 110 Harv. L. Rev. 815 (1997). In response to this line of criticism, see, among other responses,Harold Hongju Koh, Is International Law Really State Law?, 111 Harv. L. Rev 1824 (1998). Martii Koskenniemi, From Apology to Utopia (1989). This book is the antecedent to The Gentle Civilizer of Nations, which I mentioned above. It is a more theoretical discussion of the need of international lawyers to not be overly-technical but rather to use social theory to assess the “deep structure” of international legal discourse. As with...
16.03.05 | |

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 | |

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 | |

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 | |

16 Jan

...there a terror purpose or merely a targeting? Was there a terror outcome? If not, how can it (objectively) be terrorism? Same Qs re: taking out a nuclear reactor. Dan Joyner I'd like to note that over at EJIL:Talk!, Sahib Singh has posted an excellent piece on countermeasures by the West against Iran, and that I have posted some comments in response to his piece regarding the possibility that Iran may have a legitimate claim of its own to countermeasures in response to internationally wrongful acts committed against it by...
16.01.12 | |