Search: Affective Justice: Book Symposium: A Response

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...

20 Nov Brief Book Review of Three Books on International Law, Armed Conflict and Counterterrorism

Over at Lawfare, I have posted a brief review of three books on international law, war, and counterterrorism, with a particular focus on the changing shape of counterterrorism through drone warfare and targeted killing. These are all excellent books and I commend them to the scholarly community. Noam Lubell, Extraterritorial Use of Force Against Non-State Actors (Oxford 2010) Kimberley N. Trapp, State Responsibility for International Terrorism (Oxford 2011) Hew Strachan and Sibylle Scheipers, The Changing Character of War (Oxford 2011)...

17 Apr A Response to Margaret Lewis by Professor Jaw-perng Wang

[Jaw-perng Wang is Professor of Law at National Taiwan University] I am very impressed that a foreign scholar, especially a common-law trained one, could have a precise picture of Taiwan’s criminal procedure and its history and recent reforms. Without spending tremendous time and effort, an article that accurately and meticulously reports Taiwan’s criminal procedure, like this one, could not possibly be produced. In addition, I must confess that several parts of the detailed report of Taiwan’s practice did not come to my attention until after reading this article....

17 Feb Clear Skies and Kyoto: A Response

...coal-burning power plants . The administration bases its opposition to NSR primarily on the fact that the program has negatively affected energy projects, but Christine Todd Whitman (whom, Easterbrook also incorrectly cites in his favor) revealed in her new book It’s My Party, Too that “at one meeting, after hearing one person after another lay blame for our energy crisis squarely at EPA’s door, I asked them to prepare a list of energy projects that were being delayed because of environmental laws and regulations. Nobody ever did.” Fourth, cap-and-trade systems...

30 Jan Investment Protection in Extraordinary Times: A Response

The recent article by Burke-White and von Staden raises critical and timely issues about international economic law and treaty interpretation. The paper acknowledges challenges posed to the institutional legitimacy of investment treaty dispute resolution (which I have written about elsewhere) that are caused by different tribunals coming to different interpretations of the same or similar treaty provisions. It also considers the difficulties for international law when tribunals interpret treaty provisions in a manner that negates agreed areas of state responsibility and instead shifts to an analysis based...

17 Apr Defining Incitement to Genocide: A Response to Susan Benesch

[Gregory Gordon is Professor of Law, University of North Dakota School of Law.] I would like to begin by thanking Opinio Juris for inviting us to have this important discussion here about the crime of direct and public incitement to commit genocide. I would also like to congratulate Susan Benesch on her excellent article regarding this verbal harbinger and prerequisite of mass atrocity. Professor Benesch provides a much needed exploration of the more complex facets of incitement that will afford jurists, advocates, and would-be offenders greater clarity...

17 Apr Vile Crime or Inalienable Right: A Response to Susan Benesch

...study of nationalism. (See especially Chapter 5 of my book, THE PARADOXES OF NATIONALISM: THE FRENCH REVOLUTION AND ITS MEANING FOR CONTEMPORARY NATION BUILDING). My sense is that Susan talks about the sociological foundations of genocide because she wants to convince skeptical readers that criminalizing incitement should not be out of the question, even though it involves criminalizing speech. Susan points out that U.S. law criminalizes speech that is “likely to lead to imminent lawless action” (495). However, she finds this test too narrow in the context of genocide, because...

29 Jan The Origins of Islamic Finance: A Response

This is a wonderful opportunity to bring Islamic law into the legal debate in the United States beyond the superficial level at which it usually takes place. This is the more welcome for someone who has written a book on Muhammad Baqer as-Sadr as the most creative Islamic thinker of the 20th century (The Renewal of Islamic Law, Cambridge 1993), and now sees a second generation of Sadr scholars, like Professor Hamoudi, engaging seriously his work in American legal academia. In his article, Hamoudi uses Sadr’s work to show how...