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Search: Affective Justice: Book Symposium: A Response

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 | |

30 Jul

...regulative goal is to spell out what it means to do justice to distinction and proportionality by protecting civilians as much as militarily possible. It does not spell out how the attacker’s obligations fall by the wayside if the presence of the civilian population interferes with a belligerent’s ability to conduct effective military operations. A second concern is not that warnings are used to weaken other legal obligations, but that the practice itself violates international law. In circumstances in which the civilian population has in fact no means to leave...
30.07.14 | |

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 | |

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 | |

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 | |

13 Jul

...emerge when the institution in question is widely used rather than marginal. Response: What a horrendous state of affairs it would be if these military commissions (even in their third generation) were widely used, let alone used at all. Some still work to stop these conviction machines. See Flawed Justice for Terror Suspects, Toledo Blade, June 17, 2012 (http://www.toledoblade.com/Op-Ed-Columns/2012/06/17/Flawed-justice-for-terror-suspects.html) (ii) Any given institution will have many consequences, some of them opposed in their tendency. It is imperative, therefore, to look at their net effect. [I would add that we should...
13.07.12 | |

22 Jan

Calls for Papers Call for Papers and Book Reviews for the Irish Yearbook of International Law: An annual, peer reviewed publication, the Irish Yearbook of International Law, is committed to the publication of articles of general interest in international law as well as articles that have a particular connection to, or relevance for, Ireland. The Yearbook is edited by Richard Collins (QUB), James Gallen (DCU), and Bríd Ní Ghráinne (Maynooth University), is published by Hart-Bloomsbury and is also available on HEIN Online. The Editors are currently welcoming book review proposals...
22.01.23 | |

27 Mar

Complex Terrain Laboratory, where several OJ people sometimes participate, is hosting an online discussion next week on PW Singer’s new book on robotics and war, Wired for War. We have mentioned this book in the past, and OJ has a number of posts on battlefield robotics in the last year or so. Singer is participating in the CTLab symposium and, having read his opening post, it looks to be fascinating. It is a terrific lineup of participants. That said, let me comment on why robotics is important to discussions here...
27.03.09 | |

23 Aug

...and justice: he demonstrates the absurdity of international criminal law’s quest to ‘discover precedents of the unprecedented’ because the legalist attachment to analogy co-exists with the declaration that certain forms of atrocious violence neither have nor require any precedent. “In an uncertain, bootstrapping move, the atrocity that has never been experienced before must….be situated in a trajectory of juridical activity in response to analogous historical acts”. (92) Yet that trajectory erases both certain forms of violence and past practices of law. For the sake of legality, there must be a...
23.08.23 | |

29 Jan

Many thanks to Peter, Kal and Scott for their very thoughtful comments. As Peter notes, The Art and Craft of International Law focuses more on process and design than on doctrinal issues. Whether or not he is correct that international environmental law lacks common principles or norms that give it substantive coherence, the premise of my book is that it can be studied coherently from a process standpoint. Peter, Kal and Scott all focus on what makes international environmental law effective. Peter emphasizes the role of social learning, and I...
29.01.10 | |

11 Apr

Michigan Law Review‘s “2008 Survey of Books Related to the Law” is now available on-line. Two OJ’ers have review essays in the issue: yours truly, reviewing Mark Drumbl’s Atrocity, Punishment, and International Law; and Roger, reviewing Ron Krotoszynski’s The First Amendment in Cross-Cultural Perspective: A Comparative Legal Analysis of the Freedom of Speech. The issue also contains a number of essays that will interest international-law types, particularly John Yoo and Roger Delahunty’s review of Erich Maria Remarque’s All Quiet on the Western Front (!); Stephen Reinhardt’s review of Richard Posner’s...
11.04.08 | |

16 Mar

[Chester Brown is Associate Professor at the Faculty of Law, University of Sydney] Thanks to Professor Cheng for his thoughtful response. As a follow-up comment, this discussion should not conclude without mention of another hard case, being the International Court of Justice’s advisory opinion in Legality of the Threat or Use of Nuclear Weapons. In its advisory opinion of 8 July 1996, the ICJ (in)famously held that in view of the current state of international law, and of the elements of fact at its disposal, the Court cannot conclude definitively...
16.03.12 | |