Search: Affective Justice: Book Symposium: A Response
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...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...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...
13 Feb Symposium on Rewriting Histories of the Use of Force: Introduction
links with colonial pursuits, Siddharth Mallavarapu raises questions on international law’s present identity and purpose: can it be truly cosmopolitan, or it is forever bound to be at the service of imperial powers? Both Mohamed Helal and Siddharth Mallavarapu call on international lawyers to reconsider their relationship with international politics. Politics should not be seen as law’s ‘Other’, but it as a necessary partner to achieve its purpose (whatever that may be). The symposium then turns to the second prong of Agatha’s study. Miriam Bak McKenna discusses the affective life...
04 Mar Unilateral and Extraterritorial Sanctions Symposium: A Rejoinder – Part I
The project was launched in 2018 to analyse the changes and implications of the contemporary practice of unilateral and extraterritorial sanctions, in a context where there was no general overview and analysis of this practice in international law. The Research Handbook on Unilateral and Extraterritorial Sanctions therefore aims not only to meet this need for a reference book in the field, but also to provide a basis on which to continue the academic debate about unilateral and extraterritorial sanctions, which is far from exhausted. When the Research Handbook was published...
06 Feb Symposium on Fairness, Equality, and Diversity in Open Source Investigations: An Introduction
...can have implications for whose voices are heard (or unheard) during the OSINT process and through open source evidence. This symposium delves further into these issues and more, with a stellar line-up of pieces on a wide range of topics pertaining to fairness, equality, and diversity relating to open source investigations and digital open source evidence. Each day of the symposium will feature posts relating to a common theme. Today, we begin with a theme at the heart of the symposium—the lived experiences of marginalized voices working within the OSINT...09 Sep Protection of Civilians Symposium: A Multiplicity of Legal Frameworks and Practical Challenges
[Ralph Mamiya is team leader for the Protection of Civilians Team in the UN Department of Peacekeeping Operations but writes here in a purely personal capacity, and the views expressed do not represent official positions of his Department or the United Nations. This post is the concluding post of the Protection of Civilians Symposium . ] This week’s symposium on the protection of civilians highlighted the range of legal and practical issues facing UN peacekeepers. Featuring posts from two contributors to the new volume, Protection of Civilians from Oxford University...
24 Jul Introducing a Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections
the treaty. This joint Asia Justice Coalition – Opinio Juris symposium is to introduce you to some key aspects of the negotiations and to provide you with a flavour of the fortnight of intense discussions in Ljubljana, that have resulted in the ‘Ljubljana – The Hague Convention’. A list of contributions is listed below, with links: Priya Pillai, Introducing a Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections Vaios Koutroulis, A New Tool in the Fight Against Impunity for Core International Crimes Raquel Saavedra and...
17 Sep Symposium on Early Career International Law Academia: Call for Abstracts
to deal with questions), time management (including how to say ‘no’), academic networking (e.g., how to become part of projects), citations, and teaching for the first time (including, for example, how to balance teaching/research/admin.). Other topics/angles will also be considered. The format of the symposium will include conventional blog posts (1,200 words ideally, 1,500 maximum), dialogues, interviews, and samples (e.g., a successful book proposal). Those interested in contributing blog posts to the symposium are invited to send an abstract of not more than 150 words by 5 October 2021. Expressions...