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04 Jun Guest Post: Stepping Back from the Precipice in Bond
...treaty power. To be sure, because they disposed of the case on other grounds, it is impossible to say what the Justices in the majority, particularly Chief Justice Roberts and Justice Kennedy, would do if the Court were to consider another case raising such a challenge to the scope of Article II. It is fair to infer, however, that they would be unwilling to go down that path. Bond presented what will probably prove to be the most favorable context in which to establish such a new doctrine, for the...05 Dec The Climate in Cancun
...the Kyoto Protocol could still be a deal-killer. Developing countries have said they are unwilling to accept anything in Cancun under the Framework Convention track unless developed countries accept a second commitment period under the Kyoto Protocol. The Kyoto Protocol’s structure is a bonanza for developing countries, since it exempts them from any emission reduction commitments. So, not surprisingly, they are adamant that it must be preserved. For the same reasons, some developed countries – most notably, Japan – are equally adamant that the Kyoto Protocol approach should be scrapped...07 Feb Brain Drain of Devout Muslim Women
...policies regarding religious practices are having on Turkey. “[C]ritics of the policy–and there are many on campuses here–say that a law supposedly designed to protect the country from religious intolerance and move Turkey into the modern era has had the opposite effect. Human-rights experts estimate that hundreds of Turkish women unwilling to adapt to the law in their home country have left in order to complete their education elsewhere–in Europe, in the United States, or in other countries that allow them to wear Islamic dress. Others have abandoned higher education...16 Nov The Legality of Pardons in Latin America (Part I)
...warrant a softening of proportionality. So far, the Court has been unwilling to offer any such example. In 2010, in the case of Cepeda v. Colombia, the Court addressed the political assassination of an opposition Senator by two sergeants of the Colombian Army who received copious prison benefits, ultimately reducing their 43 year sentence to 11 and 12 years respectively. The Court established that “[u]nder the rule of proportionality, in the exercise of their obligation to prosecute such serious violations, States must ensure that the sentences imposed and their execution...03 Sep Professor Heller’s defense of Kenneth Roth
It is sad to see that Professor Heller, like HRW’s employees, is unwilling to acknowledge any HRW misteps. It is even sadder to see that Professor Heller, like HRW’s employees and other supporters, is willing to distort the facts in order to excuse HRW’s and Kenneth Roth’s inexcusable behavior. (a) Contrary to Professor Heller’s contention, HRW’s philosophy has never been that “that state-sanctioned killing of any kind is never justified.” If it were, HRW would not pretend to adhere to the mission of upholding the laws of war, since the...21 Jun It’s the Economy, Stupid (even in Iraq)
...unproductive during that time. Faculty seemed unwilling to take the simplest of steps to approve the use of our money to improve their facilities (for example, even the building of bookshelves), absent approval from superiors, which could weeks to arrive. (We gave up and simply started telling everyone that we had approval for everything we sought to do from George Bush himself, which seemed to work, even if we were not a government agency, a further demonstration of strong socialist bias). And most importantly, and actually most understandably, a populace...