A Child Remembers 9/11

I was driving to work on the morning of Tuesday, September 11, 2001, talking on my cell phone with my mother.  Suddenly, she interrupted our conversation to say that a plane had hit one of the World Trade Center buildings.  My first thought was probably like the thoughts of many others who heard the news second-hand:  it must have been a small plane, a Cessna maybe, an inexperienced pilot or some mechanical error.  Surely an accident.  A few minutes later, my mother exclaimed, “Oh my God, another plane hit the other tower!” Then she hung up.

It wasn’t until I got to work and huddled around a TV with my colleagues that I fully understood what had happened. In a hushed room with several others, I watched in horror, my mouth agape, as the Towers crumbled, as people ran through the streets of Manhattan, thick smoke filling the streets behind them.  It looked like a scene you’d see from somewhere else, somewhere across the world.  But not here.

Those of us with young children at home struggled with what to tell them, what to let them see and hear. What do you say to a child who has hardly seen or experienced much of the world outside his home, his community, his state, that allows him to understand the magnitude of 9/11?  What do you say to let him know the larger world can be unpredictable and scary and dangerous, but so that you don’t scare him into never experiencing that larger world?

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Can Intellectual Property Be a Source of Repression?

Concerned with the current direction of world intellectual property law, an international group of intellectual property and information policy experts has issued the Washington Declaration on Intellectual Property and the Public Interest. The Declaration calls for a re-articulation of the “public interest dimension in intellectual property law and policy” and expresses concern for the “unprecedented expansion of the concentrated legal authority exercised by intellect property rights holders.”

The document’s primary assertions are that national and international “intellectual property policy affects a broad range of interest within society, not just those of rights holders,” and that “markets alone cannot be relied upon to achieve a just allocation of information goods—that is, one that promotes the full range of human values at stake in intellectual property systems.”

The document was issued following the Global Congress on Intellectual Property and the Public Interest, held at American University in Washington, D.C. from August 25-27, 2011. As of September 9, there were 420 signatories to the document. Early signers include Marquette University Law School Professors Irene Calboli (#187) and Gordon Hylton (#243) and University of Wisconsin-Milwaukee Professors Dick Kawooya (#191) and Richard Grusin (#376).

The text of the Washington Declaration can be found at http://infojustice.org/washington-declaration.

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International Law as a Tool for Ascertaining Gaddafi’s Whereabouts

In a prior post, I explained that the International Criminal Court (“ICC”) has jurisdiction to prosecute Muammar Gaddafi because the Security Council passed a resolution to that effect in February 2011. Utilizing that jurisdiction, the Court issued arrest warrants against Gaddafi, his son, and his military intelligence chief for crimes against humanity in connection with their suppression of an uprising in eastern Libya several months ago. With Gaddafi effectively out of power and in hiding, news media have begun to speculate on his whereabouts. The latest reports suggest that he may have headed by land into Niger, which shares part of Libya’s southern border. It is unclear whether Niger would be Gaddafi’s final destination, or whether he has even left Libya.

Wherever Gaddafi is headed, international law provides an intriguing tool for prediction. Under the Rome Statute—the ICC’s founding treaty—a state-party is generally obligated to comply with ICC requests for arrest and surrender. Of the states bordering Libya, Chad, Niger, and Tunisia are all party to the Rome State, and thus seem to be obligated to turn Gaddafi over to the Court if they find him within their borders. If international law is effective, we should anticipate that Gaddafi will avoid these states out of fear of arrest.

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