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...

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....

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...

[Alonso Gurmendi is a Fellow in Human Rights and Politics at the London School of Economics & Political Science. He is also a contributing editor at Opinio Juris.] [Sarah Zarmsky is a Lecturer at Queen’s University Belfast School of Law. She is also Deputy Managing Editor of Opinio Juris.] It’s the last week of October and that means that the Pop Culture and International Law Symposium is BACK! We are extremely pleased to continue this time-honoured tradition of bringing together international law and movies, comic books, music, poetry, tv shows,...

weapon of war, massacres of women, men, and children, and mass displacements are characteristic of neocolonial armed conflicts in regions such as Amhara, Cabo Delgado, central Somalia, Khartoum, North Kivu, and Tigray. Our aim with this symposium is to foster a diverse dialogue that illuminates the connections between African and Palestinian liberation struggles, advancing our collective understanding and pursuit of justice and human dignity globally. The symposium is divided into two parts. Part I, which begins on 29 July 2024, opens with David Arita, who highlights the relevance of the...

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...

...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...

This post is part of the NYU Journal of International Law and Politics Vol. 46, No. 1 symposium. Other posts in this series can be found in the related posts below. The NYU Journal of International Law and Politics is proud to be partnering with Opinio Juris once again for an online symposium. This symposium is a discussion of Professor Jedidiah J. Kroncke’s article Property Rights, Labor Rights and Democratization: Lessons From China and Experimental Authoritarians, which was published in the NYU Journal of International Law and Politics, Volume 46,...