Search: Affective Justice: Book Symposium: A Response
27 Apr Symposium on Boyd van Dijk’s Preparing for War: Revisiting the Meaning of “State Interests”
were preparing for the wars to come. The drafting of these conventions was forward looking rather than backward looking.” This is an important argument on the processes that shaped the content of the conventions and arguably the book’s main argument and contribution. I nonetheless wonder whether one could read the book as providing a slightly more nuanced take on the meaning of time (past, present future) for its protagonists. I sometimes think of at least some of the thinkers of the postwar era as post-traumatic. Think of the early classic...26 Oct The ATS and the USG Government Response, a Query
that it's an academic's thing, not so important to administrations. But I would have thought that from the moment in which plaintiffs began to win corporate liability holdings, the issue was far more important. Maybe not. Jeffrey Davis In my book, Justice Across Borders (Cambridge 2008), I conduct an extensive quantitative and qualitative analysis of US involvement in ATS cases (among other ATS issues). The analysis includes interviews with lawyers from the Departments of State and Justice including the Legal Adviser. For example, in District Court cases defendants prevail in...11 Feb Ensuring Repair through Reparations: A Response to Hari M. Osofsky by Maxine Burkett
Professor Osofsky’s response to my article is convincing and her exploration of the gaps in my earlier discussion of climate reparations is welcome — in fact, it is encouraged. The hope in writing an article on climate reparations was to investigate seriously alternate avenues for remedy for the climate vulnerable and encourage creativity across scales, between novel claimants, and for individuals or billions, in careful response to their current and forecasted environment. It is the first brush stroke on a quite large, and perhaps expanding, canvas. What should not be...08 Feb A Response to Erin F. Delaney and Samuel Issacharoff by David Schleicher
[David Schleicher, author of What If Europe Held an Election and No One Cared?, responds to Erin F. Delaney and Samuel Issacharoff] I would like to again thank Erin Delaney and Samuel Issacharoff for their kind if skeptical response to my paper. Their praise is particularly appreciated as Professor Issacharoff’s brilliant work on election law has been, and remains, an inspiration for my own scholarship. And their criticisms are well taken, even if I disagree with some of them. They make three basic points, which I’ll address in turn. First,...26 Nov Stewart Mini-Symposium: A Response to Beth Stephens
...of the opportunity.” As I have acknowledged in the paper and elsewhere, others, especially Ken Hurwitz and my other former partners-in-crime at the Open Society Justice Initiative, have also played a particularly crucial role. To my mind, the collective nature of this undertaking does not affect whether or not the somewhat awkward term “discovery” is a meaningful descriptor of the process. At a later point, Stephens imputes to me the view that ATS commentators failed to see the importance of retribution, punishment and moral guilt. In fact, I argue that...11 Feb A Response to Anu Bradford and Eric A. Posner by Robert Ahdieh
...U.S. exceptionalism, however, may lie elsewhere. Rather than in the conduct itself, it may lie in distinct European versus U.S. approaches to questions of the legality of said conduct. Each jurisdiction, of course, responded differently to efforts at international review of the legality of the relevant interventions. Even more telling, however, might be the response to domestic challenges to the legality of each conflict. Recall, thus, then-Prime Minister Tony Blair’s lengthy testimony (and examination) before the Parliament’s Iraq Inquiry, in which he offered a vigorous defense of British participation in...