Search: Affective Justice: Book Symposium: A Response
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 on...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 in...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...09 Jul A Response to Eugene
First of all, welcome back! I always enjoy your contributions to OJ (and your scholarship generally), even when I disagree with you. So I hope you won’t think me too ungracious a host if I raise some (pointed) questions about your most recent post. I would be genuinely curious to hear your responses. I am, as I have pointed out ad nauseum, not an expert on international human rights law. So I’ll limit my comments to whether any of the actions you discuss would qualify either as genocide or as...17 Apr Defining Incitement to Genocide: A Response to Susan Benesch
[Mark Drumbl is the Class of 1975 Alumni Professor of Law, Washington and Lee University School of Law.] Susan Benesch’s VJIL article is timely, thoughtful, and important. She insightfully sets out the catalytic relationship between hate propaganda and genocide. Her comparison of the methodological similarities between the Rwandan and Nazi German contexts is instructive. The mainstreaming of hate-mongering is a condition precedent for genocide to become truly massive. Consequently, if the criminal law could shut down hate-mongering before actual genocide – for example, by incapacitating the conflict entrepreneur...03 Nov Salvaging the Charming Betsy in ATS Cases: A Response to Rio Tinto
...law. Blackstone’s commentary very clearly states that applying the law of nations to cases involving individuals creates domestic law. This is why I have argued that all “war crimes” adjudicated by military commissions prior to the 1949 Geneva Conventions were actually domestic, common law crimes, an approach maintained in the Uniform Code of Military Justice (and in the catch-all provision of the Military Commissions Act). My unpublished opinion is that their extraterritorial application to enemy foreign nationals is probably one of the earliest forms of the still-hotly-contested passive nationality jurisdiction....