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Search: Affective Justice: Book Symposium: A Response

21 Jul

meaning to the maxim justice delayed is justice denied. I have just returned from visiting the courts of Kenya in Nairobi in conjunction with my training program with IJM Office in Kenya. During my time with IJM, I was briefed on cases in which it took years for criminal defendants to receive basic judicial process. For example, in one disturbing case the defendant was framed by a corrupt policeman. The officer demanded a bribe that the defendant could not pay, so in retaliation the officer falsely accused the defendant of...
21.07.06 | |

25 Aug

...UN’s World Food Programme cutting their food rations, and with the deteriorating security situation inside the camps, many Rohingya find themselves in a dire situation with impunity being but one of many pressing concerns. Through its offices in Cox’s Bazar, Legal Action Worldwide (LAW) provides legal assistance and support to Rohingya survivors in these refugee camps. Having been deported en masse to Bangladesh, and without a fair legal remedy available within Myanmar, Rohingya survivors are forced to rely on pathways for justice outside of Myanmar. A variety of efforts on...
25.08.23 | |

24 Oct

We’re pleased this week to host a discussion of Ruti Teitel’s new book, Humanity’s Law, just out from Oxford University Press. Ruti is Ernst C. Stiefel Professor of Comparative Law at New York Law School, where she directs the Institute for Global Law, Justice, & Policy. She is also Visiting Professor, London School of Economics. The book is a major contribution to understanding the transformed baselines of international law, an integrated account of how international law has reoriented to humanity. The book describes the central transformations of the post-Cold War...
24.10.11 | |

28 Jul

We are pleased to host this week a discussion of Benjamin Wittes’ book Law and the Long War. Ben’s book is a comprehensive analysis of how September 11th did–and did not–change National Security Law, the disparate group of legal mechanisms related to counter-terrorism. It is also about what the role of law in counter-terrorism should be. It is a book that is sure to ignite debate from all around. As Ben writes: [T]his is a critique of the Bush administration, whose consistent — sometimes mindless — aggressiveness and fixation on...
28.07.08 | |

26 Mar

...Act, etc. They also found that the number of responses to a fictitious issue was affected by the presence of a "don’t know" response category. Providing a "don't know" choice significantly reduced the number of meaningless responses." Friedman, H.H. & Amoo, T. (Winter, 1999) Rating the Rating Scales, Journal of Marketing Management, Vol. 9:3, 114-123. Retrieved from http://academic.brooklyn.cuny.edu/economic/friedman/rateratingscales.htm Akiva In other words, Dill's methodological approach forced an appearance of certainty on her results that simply may not exist in the real world. Indeed, it would be far more meaningful to...
26.03.15 | |

30 Mar

recent role on the UN special panel promoting access to justice for the poor. (For those who missed Jeffrey Toobin’s excellent profile of Justice Kennedy the internationalist in the New Yorker last fall, here is the link.) So why Darfur? Kennedy was careful not to make explicit criticisms of the US government’s policies toward Darfur. And when an audience member asked whether the use of military force under the rubric of humanitarian intervention would be a lawful in response to genocide, he replied simply that he would need to think...
30.03.06 | |

02 Oct

argument that I think are worth highlighting. One is the prominent role played for several Justices by the assumption that piracy was intended to be within the scope of the ATS. Justice Breyer, for example, posited (at p. 26) that an analogy to piracy supports extending a cause of action to overseas human rights violations, observing that “the question to me is who are today’s pirates? And if Hitler isn’t a pirate, who is?” And Justices Scalia (p. 24-25), Chief Justice Roberts (p. 25), Justice Sotomayor (p. 33), and Justice...
02.10.12 | |

10 Jan

presupposes transnational justice. [....] Even states with exemplary legal systems for the domestic protection of human rights have a moral obligation, grounded in the Natural Duty of Justice, to support a global legal system that includes principles of transnational justice as far as these are required for normativized, justice-based practice of state recognition, even if that system contributes nothing more to the protection of human rights within their own borders. More generally, even the most just states ought to support a regime of transnational justice that encourages less just states...
10.01.07 | |

22 Jul

...of Harvard and Eric Posner of U.Chicago, both who are not traditional liberal internationalists. But citing their book is simply not any crazier than, say, citing Anne Marie Slaughter’s recent book A New World Order, which can be viewed as controversial in its own right. Peggy McGuinness Julian--Good to hear from you from parts beyond. I agree with many of your comments, and I cannot speak for Oona Hathaway, but I assume when she calls the Goldsmith/Posner book "controversial," she is revealing her own disagreement with either its premises or...
22.07.05 | |

20 Apr

Eric Posner picks up on Marko Milanovic’s very interesting comments in response to my question below about the views of non American international lawyers of the ATS. I’m going to pull up interesting responses to my question into this separate post – currently from Marko, Francisco Forrest Martin, and I’ll update if others add things to the bottom of the post. (I have also included below Marko’s response to Eric in comments at Volokh, as Marko was not entirely happy with Eric’s riff.) But here is a bit of what...
20.04.09 | |

31 Aug

...it an adequate response to say that the key is whether the wounded combatant had been captured prior to his killing (and thus presumably neutralized); that response also renders Art. 41(2)(c) a nullity, because Art. 41(2)(a) already deems a combatant “in the power of an adverse Party” to be hors de combat. Here is my question for Ken or for anyone else who believes UBL’s killing was consistent with IHL: can you please identify a situation in which a wounded but non-captured combatant cannot be lawfully killed? NOTE 1: Ken’s...
31.08.12 | |

31 Oct

stable and secure. Our tradition, on the other hand, safeguards the independence of the individual judge and prizes the transparency of the process of wielding judicial power. Having spent years reading opinions of numerous international tribunals, I have fairly strong opinions on the issue of the comparative quality of judicial decisions. In my humble opinion, decisions of the European Court of Justice are far inferior in quality to decisions of other international tribunals. The European Court of Justice (which is modeled on the French Cour de Cassation) offers the worst...
31.10.07 | |