Search: Affective Justice: Book Symposium: A Response
27 Aug Israel’s Indiscriminate Attack on Shujaiya
...high as operations in a densely populated built-up area, like an urban center. Response . . . There is not one law for air force another for ground troops. I was discussing a difference in doctrines that result from the use of more accurate weapons, like the Joint Direct Attack Munition (JDAM), versus less reliable indirect fire weapons. Response...Do you wish to argue that the USA expected less incidental damage to civilian objects than Israel did in the matter at hand? Yes, of course. The Gaza Strip is one of...18 May The Unhelpful International Criminal Court
that the two are mutually exclusive. Apropos of the Northern Uganda situation, at the end of July, 2005 the International Center for Transitional Justice and the Human Rights Center at UC Berkely issued a report, entitled "Forgotten Voices: A Population-Based Survey on Attitudes about Peace and Justice in Northern Uganda." The report is based on detailed interviews, conducted in April and May 2005, with more than 2,500 Ugandans on their personal experiences of the conflict and their opinions on how peace and justice should be achieved. I recommend the report...18 Sep Jack Goldsmith’s The Terror Presidency
Addington is particularly devastating – who’s left to defend him? – and Gonzales comes across as an affable lightweight). Goldsmith tries to suggest the Bush Presidency’s resurrection in the history books, highlighting how presidential reputations rise and fall like stocks on Wall Street. That seems pretty unlikely, based on his own assessment. (The book’s biggest whooper by far: “Future historians may come to view President Bush as we now view Lincoln and Roosevelt.”) The other strand, highlighted by those who have actually read the book and those more sympathetic to...29 Aug Author of “No Easy Day” Admits to Committing a War Crime
...right about the distinction, and we need to know exactly what "Owen" writes in the book. Given the quotes above, it seems clear to me that he believed bin Laden was dying, not dead. But I will post again when I get access to the book itself. Robert Hoekstra We will see what other details are available when we have access to the book, but just a note that even if Owen believed bin Laden was alive, a mistake in fact (if he was actually dead) would negate the crime....25 Jun The CIA and the Public Authority Justification: A Response to Orr
...a single will behind a congressional action.) Second, I hope you noticed that your only response to my argument from, you know, long-standing precedent was sarcasm. I'm only left to assume that you actually have no substantive response, then. Third, it strikes me as entirely plausible that Congress would choose to authorize "all" force, knowing that the CIA would be used in a paramilitary-type fashion, yet not want to say that publicly, and so they use broad, all-inclusive language that would sweep such CIA activity in. Anonsters Hostage: I'm a...07 Mar Why Preventive Self-Defense Violates the UN Charter
...check out Tom Ruys’ magisterial recent book “Armed Attack” and Article 51 of the UN Charter: Evolutions in Customary Law and Practice. Ruys carefully analyzes state practice and opinio juris to determine whether customary international law permits states to engage in preventive self-defense — the use of military force in response to the threat of an armed attack that is not imminent. Here is a long snippet from the book, discussing the international response to the report issued in 2004 by the UN’s “High-Level Panel on Threats, Challenges and Security,”...19 Sep Harold Koh on International Law in Cyberspace
...for a long time taken the position that the inherent right of self-defense potentially applies against any illegal use of force. In our view, there is no threshold for a use of deadly force to qualify as an “armed attack” that may warrant a forcible response. But that is not to say that any illegal use of force triggers the right to use any and all force in response – such responses must still be necessary and of course proportionate. We recognize, on the other hand, that some other countries...04 Jun The Civil War and the Blockade of Gaza (a Response to Posner)
...to be understood as a “war” in Randall’s sense, not simply as an insurrection. The Union was thus required, in Europe’s view, to treat the CSA as a belligerent with the same rights and obligations under the laws of war that the Union itself enjoyed. The Blockade and The Prize Cases That was the European response. What about the Union’s own response? Despite the blockade, Lincoln insisted that the CSA was an insurgent, not a belligerent. But did its actions support that description? And did the Supreme Court agree with...18 Jul On Winning, Losing, and Things Inbetween: A (Preliminary) Comparative Legal Analysis of Morse v. Frederick
marijuana." [This is reminiscent of Justice Brennan's concurrence in Bethel School District No. 403 v. Fraser (upholding a school's punishment of a student for giving a lewd speech at a voluntary student assembly) -- Justice Brennan observed that he didn't personally view the student's speech as offensive, but he deferred to the school administrators' exercise of discretion as "not unreasonable."] I think Justice Stevens' dissenting opinion is untenable for at least two reasons. First, if the dissenting opinion had carried the day, it would have allowed judicial second-guessing of almost...08 Sep Chief Justice Roberts and Executive Power: The Clerkship Inheritance
It is well known that Judge John Roberts served as a law clerk to the late Chief Justice Rehnquist, whom Roberts is quite likely to succeed. But less attention has been paid to the actual cases Roberts may have worked on as a law clerk for Rehnquist, even less attention to the cases that Rehnquist worked on when he was law clerk to Justice Robert Jackson in 1952. It turns out that Rehnquist most likely worked on Youngstown Sheet & Tube v. Sawyer , perhaps the most important case dealing...