Search: Affective Justice: Book Symposium: A Response

...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...

...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...

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...

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...

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...

the Symposium and will be published in the following days shall contribute to the vivacious and constructive debate around the goals and challenges the ICC is facing today. We are looking forward to a lively discussion on these important issues this week, and we are very grateful to Opinio Juris for hosting this Symposium. Symposium Posts: ‘Injustice Anywhere is a Threat to Justice Everywhere’ – Palestine, Israel, and the ICC by Mark Kersten Mind the Gap– The ‘Palestine Situation’ before the ICC by Alice Panepinto General Assembly Resolution 67/19 and...

Conflict/Opinio Juris symposium on the ICC Prosecutor, is dedicated to the memory of Felipe Michelini, Chair of the Board of Directors of the ICC’s Trust Fund for Victims, who passed away following a tragic accident as this piece was being finalized.] Introduction As Chairs of the ICC Assembly of States Parties Committee and Panel of Experts on the Election of the Prosecutor, we have read with interest the thoughtful articles in the recent symposium on “The Next ICC Prosecutor.” As the conveners rightly stressed in their introduction, “the choice of...

Tomorrow, the Center for International and Comparative Law (CICL) of St. John’s University School of Law will have its inaugural symposium. Peggy and I are CICL’s Co-Directors, and we are looking forward to what we hope will be a great kick-off. The symposium, entitled Challenges to International Law, Challenges from International Law: New Realities and the Global Order, is co-sponsored by the American Society of International Law and the St. John’s Journal of International and Comparative Law (the Center’s new online journal). Presenters will include Michael Mattler, the Minority Chief...

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...

was largely reversed by Congress a few months later while the long term effects of Sanchez-Llamas remain uncertain. For this reason, this symposium is a terrific opportunity to shine the light on this potentially important decision. This symposium is full of blogger-professors. In addition to yours truly, Opinio Juris co-blogger Peggy McGuinness and Opinio Juris guest-blogger Janet Levit have contributions in this symposium. Bloggers Melissa Waters and Paul Stephan also have essays. The symposium will not be the last word on Sanchez-Llamas, but it is certainly an important first word....

...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...

...when I pointed out that only one person in the room would ever know racism and, curiously, they left out his views. There is something surreal about being told you are not a legitimate interpreter of your experiences and realities. Such is the nature of colour-blind racism, or gender-less sexism, that its interlocutors search for reasons not to classify behaviour as racist or sexist. This pattern of de-personifying injustice, Bonilla-Silva explains, is consistent with oppression practices 3.0. Through subtle and institutional actions, we render inequalities faceless, expunging perpetrator and victim...