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...

[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...

[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...

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...

...idea is never really examined in the earlier sections, which are structured as inquiries into top-down court-catalyzed influence. Given the high quality of De Vos’ writing and analysis, given the rigor of the case studies, and given the compelling conclusion of his book in which he reconceives international justice as a plural, multi-cited project with influence flowing in many directions, one looks forward to his next book. Perhaps that one could start with De Vos’ concluding insights and examine how courts, too, changes in response to interactions with other actors....

her book. As Jonathan Varat said yesterday, it’s hard to imagine that a book about the Supreme Court could be a page turner, but this one is. Indeed, right now it is one of the top fifty books for sale on Amazon. UPDATE: You can watch the Pepperdine book presentation here. It features Jan Crawford Greenburg and includes commentary about her book by Jesse Choper (Boalt Hall), Jonathan Varat (UCLA), Ken Starr (Pepperdine) and Doug Kmiec (Pepperdine). Her comment that President Bush will not get another Supreme Court appointment is...

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 []...

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,...

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...

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...

I want to join others in congratulating Kal on the publication of his outstanding book. I also want to thank the OJ contributors for inviting me to visit their territory. Issues of spatiality — place, geography, and territory — have been largely under-examined in legal scholarship. This book is an invaluable synthesis and examination of a critical aspect of legal spatiality. One of the most intriguing parts of the evolutionary path Kal charts is the consistently instrumental use of territory to further national goals. I think territorial instrumentalism, in all...

OJ’s friend and frequent interlocutor, Ben Wittes (of Lawfare blog, the Brookings Institution, and member of the Hoover Task Force on National Security and Law), has a new book out of Brookings Institution Press, Detention and Denial: The Case for Candor after Guantanamo. It has been out since late December, but I just got a chance to finish reading it. I’m a huge fan, which will surprise no one familiar with my thinking about Ben’s work as well as about Guantanamo policy. Detention policy fatigue has set in and positions...