Rethinking the History of Early American Law: Kathryn Preyer’s “Blackstone in America”

Boston, MA: Thursday, April 15 (6:00 p.m. Reception. 6:30 p.m. Event.): Mary Sarah Bilder, co-editor of Blackstone in America: Selected Essays of Kathryn Preyer — reviewed here — will be speaking at a great program organized by the Massachusetts Historical Society: “Rethinking the History of Early American Law: Kathryn Preyer’s ‘Blackstone in America.’” Also featuring [...]

The Court-Martial: A Lawful Alternative

The Al-Qaeda Seven controversy is all over the news. At the center of the debate are Justice Department attorneys who once represented terrorism detainees. Maligned by some for being un-American, their patriotism and their values called into question, and defended by others for protecting the liberties of unpopular clients, the story of the Al-Qaeda Seven calls into question the fundamental constitutional boundaries of our government.

Ultimately, though, these Seven are a conduit for a larger conversation that we need to be having about the prosecution of suspected terrorists: Where should we try members of Al-Qaeda and the Taliban? Jordan J. Paust, author of Beyond the Law: The Bush Administration’s Unlawful Responses in the “War” on Terror, asks just that in a new op-ed for Jurist. With vim, vigor, and vision, he suggests that we must look beyond the two forums offered by the Obama Administration – federal district court or US military commission – to consider a third option: military court-martial.

Mark Manger on Rorotoko

Preferential trade agreements have exploded in number over the past decade. But what do they really achieve? Mark Manger explains the ins and outs of international trade for Rorotoko, and manages to make international law fascinating in the process.

What Ukraine’s Election Means for Democracy

via Foreign Affairs – author Lucan Way on the Ukraine election:

In 2004, the world watched as the Orange Revolution unfolded in Ukraine, pitting an insurgent, pro-Western opposition, led by Viktor Yushchenko and Yulia Tymoshenko, against a pro-Russian autocratic government, represented by Viktor Yanukovych. After months of protest, Yushchenko became president in January 2005. Last month, the three faced off against one another in the first round of presidential elections. Yushchenko lost badly, with Yanukovych and Tymoshenko coming out on top, receiving 35 percent and 25 percent of the vote, respectively. A runoff election between the two was held on February 7 to determine Ukraine’s next president.

For both better and worse, this election marks a sharp break from 2004: Ukraine is now less dominated by a choice between East and West, yet more mired in rampant cynicism and fears of institutional and political chaos.

UN Human Rights Council Report on Gaza: War Crimes or New Rules of War?

In light of the UN Human Rights Council Report on Gaza, ‘Moral Dilemmas of Modern War’ author Michael Gross asks “Did Israel violate international law in Gaza, or establish new norms for fighting guerrillas?”