Search: Affective Justice: Book Symposium: A Response
18 Jan Another Round on IHL and IHRL
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...22 Mar Is Ted Cruz a “Natural Born Citizen”?
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...27 Mar PW Singer’s Wired for War Discussion at CTLab
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...29 Jan International Environmental Law as a 30% Solution
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...11 Apr MLR’s Annual Book Review Issue Released
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...16 Mar Cheng Book Roundtable: Should ICJ Judgments Be Effective? (A Reply to Professor Cheng)
[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...21 Nov What Makes (International) Law Law? Liam Murphy
[Rob Howse is the Lloyd C. Nelson Professor of International Law at NYU and is guest blogging this week here at Opinio Juris. His first post can be found here; his second, here and his third here.] Today at NYU law we are having a panel discussion, and celebration, of my colleague Liam Murphy’s recent book, What Makes Law Law? (I’ll be racing down from Fordham University, where I’m talking about my own book, Leo Strauss Man of Peace). Liam’s work is important for international legal scholars, because-despite many good...23 Oct Book Symposium The Electronic Silk Road: New Trade Rules for Cross-Border Flows of Information?
...or individuals in (or even outside) their territory (e.g. a country forcing Facebook to hand over certain data or “spying” on data transferred over the internet). Are today’s WTO rules able to reign in these two types of government interventions with the toolbox of either rules on “trade in goods” or “trade in services”? Prof. Chander calls for two broad principles: technological neutrality and dematerialization, both basically stating that governments should, in principle, not make a distinction between trade that happens online (brick & mortar) and trade that happens offline....