Feb

9

The Trouble with Defining Torture

Posted by: | February 9, 2012 | 5 Comments

The definition of torture, as codified in Title 18 of the United States Code Section 2340, does little to prevent what we have come to see in the news.  Torture or harsh interrogation of detainees by Americans has made its way to the front pages of our papers over the past decade.  From the prisoner [...]

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Jan

15

A Second Look at the Sharia Law Amendment

Posted by: | January 15, 2012 | 1 Comment

Last week, the Tenth Circuit issued a decision on Oklahoma’s “Sharia Law Amendment.” A quick summary for those who haven’t followed: In 2010, Oklahoma voters approved a ballot initiative that amended their state’s constitution to prohibit Oklahoma courts from “considering or using” either “international law” or “Sharia Law” in making judicial decisions. A district court [...]

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Jan

7

Would it Be Illegal for Iran to Close the Strait of Hormuz?

Posted by: | January 7, 2012 | Leave a Comment

In response to international economic and diplomatic pressure to halt its nuclear program, Iran is reportedly contemplating closing the Strait of Hormuz, a narrow and critically important waterway through which approximately a third of global sea-based oil shipments pass each year. The precise nature of this potential action is a little unclear from media reports. [...]

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Dec

13

Some Thoughts on Kiobel

Posted by: | December 13, 2011 | 2 Comments

A few weeks ago I wrote a post providing a brief background on Kiobel v. Royal Dutch Petroleum Co., the case in which the Supreme Court will likely decide whether the Alien Tort Statute confers federal jurisdiction over claims alleging corporate violations of customary international law. I’d like to offer a couple of additional thoughts on that [...]

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Dec

8

New Article by Prof. Calboli Explores Tension Between Free Trade and Trademark Rights

Posted by: | December 8, 2011 | Leave a Comment

Irene Calboli grapples with a longstanding controversy over the “first sale rule” in trademark law in her new article, “Market Integration and (the Limits of) the First Sale Rule in North American and European Trademark Law,” 51 Santa Clara L. Rev. 1241 (2011).  As she explains, Trademark law grants trademark owners the right to prevent [...]

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Nov

29

Federal Jurisdiction Over Claims of Corporate Liability Under International Law

Posted by: | November 29, 2011 | 1 Comment

[Editor's Note: This month, faculty members have been posting on upcoming judicial decisions of particular interest. This is the third post in the series.] The Alien Tort Statute (“ATS”) creates federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United [...]

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Nov

7

The Libya Intervention: Legality and Lessons (Part III)

Posted by: | November 7, 2011 | 1 Comment

In my last two posts, I discussed some of the legal and practical issues raised by the U.S. intervention in Libya, including the issue of whether the Obama Administration violated the War Powers Resolution by declining to seek congressional approval for participation in the conflict. Although there is room for debate, I concluded that the [...]

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Oct

31

The Libya Intervention: Legality and Lessons (Part II)

Posted by: | October 31, 2011 | 1 Comment

In my previous post, I discussed the legal merits and some of the practical consequences of NATO’s intervention in Libya. The legal analysis in that post focused exclusively on international law. The intervention, however, also raised important questions under U.S. domestic law, the most prominent of which concerned the applicability of the War Powers Resolution. [...]

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Oct

23

The Libya Intervention: Legality and Lessons (Part I)

Posted by: | October 23, 2011 | Leave a Comment

With the NATO action in Libya winding down, now seems to be a good time to take stock of the debate over the legality and practical implications of the intervention. What are the merits of the major legal arguments? What are the lessons for the future? With respect to legality, the debate continues and has [...]

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Oct

10

The Extrajudicial Killing of Anwar al-Awlaki

Posted by: | October 10, 2011 | 1 Comment

On Friday, September 30, 2011, Anwar al-Awlaki (Aulaqi), a U.S. citizen and well-known al-Qaeda figure, was targeted and killed during a U.S. drone strike in Yemen. Samir Khan, also a U.S. citizen, was killed in the same attack. Khan was the editor of Inspire, an English-Language al-Qaeda magazine that, among other things, publishes how-to articles [...]

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Oct

5

Amanda Knox and the U.S.-Italian Extradition Treaty

Posted by: | October 5, 2011 | 26 Comments

With an Italian appellate court having just overturned Amanda Knox’s murder conviction, the prosecutor on the case, Giuliano Mignini, has stated that he will appeal to have the conviction and sentence reinstated. Meanwhile, Ms. Knox is back in the United States and out of the reach of the Italian government. Given that the prosecutor has [...]

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Sep

17

Palestine’s U.N. Membership: Why Does It Matter?

Posted by: | September 17, 2011 | Leave a Comment

Palestinian officials have announced that they will seek a Security Council vote to approve Palestine as a full member of the United Nations next Friday. Israel has strongly opposed the move, and the United States has announced that, if necessary, it will use its veto powers to preclude approval. Why does the membership vote matter? [...]

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