Search: Affective Justice: Book Symposium: A Response

11 Jun A Response to Mark Tushnet by Robert Ahdieh

[Robert Ahdieh is a Professor at Emory Law School] At the outset, my thanks to the editors of the Virginia Journal of International Law for inviting me to contribute to this symposium, to my friends at Opinio Juris for hosting it, and to Professor Tushnet for his valuable contribution to ongoing debates about constitutionalism, globalization, and their interrelationship. Needless to say, Professor Tushnet’s essay posits a bold claim: that we are moving inexorably toward a globalized constitutional law. I am deeply sympathetic to this claim – not merely as a...

11 Jun A Response to Robert Ahdieh and David Fontana

I appreciate the comments from Professors Fontana and Ahdieh, and don’t have much to quarrel about with them. They offer useful correctives or supplements to my argument. On the question of the scope of the argument – that is, the nations where we can expect convergence in constitutional law – my essay notes one important exception, and Professor Fontana raises a question about another. My essay excepts resource-extracting nations from its scope, largely because such nations do not need to compete with respect to attracting significant numbers of...

16 Jan The Role of the State Department: Response to Posner

...international reaction, with the immediate adverse consequences for our conduct of foreign policy. It will undermine public support among critical allies, making military cooperation more difficult to sustain. Europeans and others will likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice. It’s hard to be more prescient than that. Eric is of course right that personalities and closeness to the President (or, importantly in this administration, the Vice President) can affect who wins or loses the policy fight. But...

16 Apr Exploring Diagonals Further: A Response to Professors Ruhl and Sayre

...& Policy symposium organized by Dan Mandelker and Dan Tarlock on New Directions in Environmental Law. The symposium explored how U.S. environmental regulation should develop through paired presentations on the history of major statutes and possibilities for the future. One thing that struck me throughout the dialogue was the complex interplay of science, scale, and law taking place in each of these substantive contexts. I think that we can learn from the experiments in horizontal, vertical, and diagonal governance that these statutes create—both in the provisions themselves and in the...

17 Apr A Response to Margaret Lewis by Nigel Li

...at the outset. The overlooked challenge of efficiency-driven reforms, in tandem with the adversarial system, highlights a compromise between the reformers and their powerful and persistent opponents that creates the appearance of a serious reform but leaves substantially intact the turf that had been occupied by the prosecution before the Grand Justices’ 1995 decision stripped off the prosecutors’ monopoly on imposing pre-indictment detention. The outgrowth of the 1995 decision, among others, was the 1999 conference launching judicial reform and setting the stage for the new adversarial system, but the needed...

08 Dec A Response to Odette Murray, David Kinley and Chip Pitts by Justine Nolan

[Justine Nolan is a Senior Lecturer in the Faculty of Law, University of New South Wales] I am in concurrence with the timely article co-authored by Odette Murray, David Kinley and Chip Pitts in the Melbourne Journal of International Law and agree that the death of the Alien Torts Statute (‘ATS’) owes more to exaggerated rumours than legal substance. The article dissects the legal reasoning of the United States Court of Appeals for the Second Circuit in Kiobel v Royal Dutch Petroleum [1] and argues that the majority...

17 Apr A Response to Mr. Li and Professor Wang

I am grateful to Mr. Li and Professor Wang for their thoughtful comments and am flattered by their praise. The very fact that a lawyer and a law professor speak of their criminal justice system with such insight and candor highlights one of the most laudatory aspects of Taiwan’s legal reform project: A transparent, open debate over the best path for Taiwan. During the course of my research, I was deeply impressed by the transcripts of lengthy legislative debates during which a number of experts from the judiciary, executive branch,...