Search: Affective Justice: Book Symposium: A Response

[Mark Weisburd is the Reef C. Ivey II Distinguished Professor of Law at UNC School of Law] Professor Curtis Bradley’s International Law in the U.S. Legal System is an important contribution to the discussion of a topic of considerable significance. Thorough in its coverage but accessible to readers with little familiarity with the subject, it is at once an excellent introduction (for someone with a legal background) to the issues it addresses and a useful compilation for those with some familiarity with the field. This contribution to the symposium addresses...

Thanks so much to the Opinio Juris folks for the opportunity to participate in this wonderful symposium. Ben’s book truly is indispensable — a must-read for all those interested in these important topics. In particular, Ben’s descriptions of the difficult questions, and his narrative of how we got to this unfortunate point with respect to many of them, are thorough, precise, and (most importantly) lucid — which is saying quite a lot when it comes to these debates. I am almost inclined to say that if I had to recommend...

We’re delighted this week to host a discussion of Paul Schiff Berman’s “Global Legal Pluralism: A Jurisprudence of Law Beyond Borders” (Cambridge University Press). Paul is the Dean and Robert Kramer Research Professor of Law at George Washington University Law School. This is a rich and broadly argued book (Paul confesses to being a “lumper,” I think in the best sense). From the jacket: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state,...

I am very grateful for the opportunity to discuss my book on EJIL: Talk! and Opinio Juris, as am I grateful to the commentators on both blogs for taking the time to read and discuss it. In this introductory post I’ll try to outline the book’s main arguments and themes and my approach generally in analysing a very complex topic. The book is divided into five chapters. The first, introductory chapter sets out the scope and purpose of the whole study. It defines the notion of the extraterritorial application of...

the increasingly broad and deep scope of international law. Others in this symposium have discussed the book’s value in terms of its historical analysis, constitutional interpretation, and its practical value to human rights litigators. As this on-line symposium draws to a close, it is important to note that the Death of Treaty Supremacy opens up new avenues for research. For example, David Stewart observes that “the story of our Constitution is largely one of judicial adaptation and reinterpretation in light of changed circumstances.” In response to the book’s “problem []...

As I mentioned last week, we’re pleased to host Richard Gardiner (University College London) for the next three days for a discussion of his book, Treaty Interpretation. In addition to comments by our regular contributors, we’ve invited several distinguished treaty experts to respond to his work, including Isabelle van Damme (Clare College, Cambridge), Malgosia Fitzmaurice (University of London, Queen Mary), and Jan Klabbers (Helsinki). Some of our guest experts will be commenting on the book itself, others may choose to comment on the comments. In either case, we’re looking forward...

Opinio Juris is pleased to be hosting over the next three days a discussion of Professor Kal Raustiala’s new book, “Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law” (OUP 2009). Professor Raustiala is a professor of law at UCLA and also director of the UCLA Ronald W. Burkle Center for International Relations. He has written broadly in both international law and international relations, and this outstanding new book reflects his deep engagement in both fields: In this novel history of territoriality in American law and...

[Laura Dickinson is the Oswald Symister Colclough Research Professor of Law at the George Washington University Law School in Washington DC.] This is the final day in our discussion of Professor Dickinson’s book Outsourcing War and Peace: Preserving Public Values in a World of Privatized Foreign Affairs. Links to the related posts can be found below. Thank you all for your insightful comments and for engaging in such a productive debate about this difficult issue. I have just a few additional thoughts. Allison Stanger raises the important question of whether...

[Kent Roach, CM, FRSC is Professor of Law at the University of Toronto and the author of 15 books including Remedies for Human Rights Violations: A Two-Track Approach to Supra-National and National Law (Cambridge: Cambridge University Press, 2021).] I am grateful to Kristen Boon for her thoughtful engagement with my new book and the remedial dilemmas that she poses and examines. This confirms my sense as someone who has studied and litigated remedies for human rights violations in domestic law that domestic lawyers have much to learn from international lawyers...

Last week, the good folks at the American Enterprise Institute and the Federalist Society hosted a book roundtable on Taming Globalization. In addition to John Yoo and myself, we were joined in a very lively discussion by Prof. Martin Flaherty of Fordham and Prof. Jeremy Rabkin of George Mason (with Jennifer Rubin of the Washington Post as moderator). While John and I are certainly used to receiving some criticism from the left, we are both a little surprised when we are attacked from the right. So Prof. Rabkin’s criticism (around...

the 21st century. As the book recounts, in 1994, the Clinton team asked 90-year old George Kennan to come down from Princeton so they could get his advice on replacing the doctrine that he had articulated so successfully in 1947. The former diplomat’s sage counsel: “forget about the bumper sticker; try to come up with a thoughtful paragraph or two.” Well, there’s some food for thought. We look forward to your responses to this or any other aspect of the book. And again, thanks so much for having us here....

The day, a few weeks ago, when America Between the Wars arrived on my doorstop also saw the arrival of another book via Amazon … Sebastian Faulks-as-Ian Fleming, The Devil May Care. The serious policy-history tome or the new James Bond novel? What to do, what to do? I idly picked up America Between the Wars, assuming that within nanoseconds I would get bored and flip over to Bond – but no, I found myself quite entranced with this book of 1990s history. I finished it before ever returning to...