Analysis and Commentary on International Law
Are the “bin Laden” Memos the New Torture Memos?

Cornell University law professor Michael Dorf comments on the memoranda that supported the legality of the 2011 Navy SEAL raid on Osama bin Laden’s compound in Pakistan. Dorf argues that these “bin Laden” memos are, in at least one respect, as bad as the infamous “torture memos” that authorized the Bush Administration to use “enhanced interrogation” techniques on prisoners suspected of terrorism.

An Avoidable Human Rights Disaster in the Dominican Republic

George Washington law professor and economist Neil Buchanan discusses the ongoing human rights disaster in the Dominican Republic stemming from that country’s treatment of Haitians. Buchanan argues that the United States should withdraw financial support for the Dominican Republic’s security forces in order not to provide support for human rights violations.

Blaming the Victims in Greece: Part Two of a Two-Part Series of Columns

In this second of a two-part series of columns, George Washington law professor and economist Neil Buchanan explains how the German-led policy regime is likely to hurt not just Greece’s people but also people elsewhere in the world. Buchanan also describes how the arguments from German policymakers amounts to blaming the victims of the very policies they imposed upon the Greeks.

Who Is to Blame for the Greek Crisis, the Greeks or Europe’s Leaders? Part One of a Two-Part Series of Columns

In this first of a two-part series of columns, George Washington law professor and economist Neil Buchanan explains why the situation in Greece is economically simple but politically nasty.

The New Torture Report: Expect Little Other Than Talk

Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.

Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede

Cornell University law professor Michael Dorf discusses Scotland’s recent vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law.

If Being Married Is the Goal, Beware the “Symbolic Resort” Wedding in Mexico

Hofstra University law professor Joanna Grossman comments on a recent divorce case in which a New York judge declared invalid a symbolic wedding in a Mexico resort. Grossman describes the facts of that case and the various complex issues the court considered in determining whether the couple was married under New York law.

The Supreme Court Ducks a Treaty Power Question but Raises Broader Questions

Cornell University law professor Michael Dorf discusses the U.S. Supreme Court’s decision in Bond v. United States, handed down earlier this week. In that case, the Court considered whether the federal Chemical Weapons Convention Implementation Act applies to a Pennsylvania woman’s attempted use of mild toxins to cause a skin rash on a romantic rival. Dorf argues that the Court’s ruling sidesteps an important question about the scope of congressional power to implement treaties but that it also announces a presumption of statutory construction that could have far-reaching implications.

The Death Penalty in the United States and the Force of Regional Human Rights Law

Justia guest columnist and U.C. Berkeley School of Law professor Saira Mohamed discusses how the recent botched execution in Oklahoma signals the impact regional human rights laws can have beyond borders. Mohamed explains how the development of various European laws and corporate policies have contributed to changes in lethal injection practices in the United States. She notes that European opposition to capital punishment led to the adoption of a European Union regulation restricting trade in drugs that could be used for the purpose of lethal injection. Mohamed concludes that despite the common perception that human rights laws are toothless, limited laws such as those in Europe demonstrate the capacity of human rights law to have wide application, shape state practices, and impact human lives.

Should Mt. Gox Be Bailed Out? What Should Regulators Do in Light of a Major Bitcoin Heist?

Justia columnist and U. Washington law professor Anita Ramasastry comments on recent headlines that caused a panic in the Bitcoin and cryptocurrency world: The largest Bitcoin exchange, Mt. Gox, was reporting a loss of nearly 750,000 Bitcoins currency units. (Prominent Bitcoin blogger Ryan Selkis made a post to his blog in which he described an unverified report of the loss.) This figure would be worth above $400 million at current prices. As of now, Mt. Gox, which is incorporated in Japan, has filed for insolvency protection there. Ramasastry comments on key events, and possible future reforms that could be put in place so that this situation does not recur.

Bitcoin: If You Can’t Ban It, Should You Regulate It? The Merits of Legalization

Justia columnist and U.Washington law professor Anita Ramasastry comments on the question whether Bitcoin—a so-called virtual peer-to-peer currency—should be regulated by the U.S. and/or States within it. (Along with the Treasury Department, California and New York are also contemplating possible legal or regulatory measures regarding Bitcoin.) Ramasastry looks at recent attempts to extend legal recognition to Bitcoin, and explains why she believes this is a good thing. She adds that while it may be good to clarify that legitimate businesses and consumers may use Bitcoin, it may be too early now to determine what, if any, further measures are needed to provide consumers with needed safety with respect to their Bitcoins.

The Supreme Court’s Responsibility for Recent Death Penalty Mishaps

Justia columnist and Cornell law professor Michael Dorf argues that what the late Justice Harry Blackmun famously called “the machinery of death” still remains deeply flawed. Dorf illustrates his point through two recent, controversial executions that illustrate how the practice of capital punishment continues to defy attempts to civilize it, and suggests that the responsibility is to be placed at the Court's door.

Traversing Anupam Chander’s The Electronic Silk Road

Justia guest columnist and attorney Anita Felicelli reviews Anupam Chander’s book The Electronic Silk Road. Felicelli praises the book as a lucid, thoughtful, and dispassionate survey of Trade 2.0 and cyberspace law. Although she offers mild critique that the book’s coverage of implementation may not satisfy skeptics of its premises, she concludes that the book impressively provides much-needed commentary on a subject that is complex and difficult.

Should the United Nations Be Liable for the Haiti Cholera Epidemic?

Justia columnist and attorney David Kemp discusses a recent federal lawsuit filed against the United Nations for allegedly causing a cholera epidemic in Haiti. Kemp discusses factors weighing for and against finding the U.N. liable for the epidemic in light of recent evidence all but establishing that U.N. peacekeepers introduced the deadly disease to the struggling country. Kemp notes that as a policy matter, the threat of lawsuits should not serve to discourage international humanitarian aid, but nor should aid organizations be immune from liability for gross misconduct. Ultimately, Kemp concludes that the optimal outcome would be a declaratory judgment against the U.N. but without an award of monetary damages.

Germany’s Election Results Are Bad News for the U.S.

Justia columnist, George Washington law professor, and economist Neil Buchanan expresses very strong disagreement with the economic policies of Germany’s Chancellor Angela Merkel, who recently claimed electoral victory. Buchanan contends that Merkel’s policies are bad for Europe, the United States, and the world, and carefully details the reasons behind his conclusions. Though Merkel is little known by Americans, as Buchanan notes, she will surely exert influence on the U.S., so, Buchanan warns, Americans ought to take more notice of her policies and influence.

What Does Opposition to War in Syria Tell Us About the State of International Law?

Justia guest columnist and U.C. Berkeley School of Law professor Saira Mohamed critically discusses the possibility of military force by the United States against Syria. She first describes how unilateral military intervention would violate international law and explains why the United States should avoid it. She then draws alarming parallels to punitive actions taken by the U.S. against Libya in 1986, Afghanistan and Sudan in 1998, and Iraq in 2003. Professor Mohamed concludes with the optimistic perspective that the American public supports the principle that military force should not substitute for diplomacy, and that war is not a legitimate tool of international relations.

Could the President Bomb Syria Even If Congress Says No?

Justia columnist and Cornell law professor Michael Dorf comments on President Obama’s options in Syria. Dorf notes that Secretary of State John Kerry’s position is that the President can act without Congress. But Dorf calls that position profoundly misguided, citing international law and the U.N. Charter on the use of force. Dorf also points out that Congressional approval cannot substitute for Security Council authorization. Moreover, he comments on prior presidents who faced situations in which there was a lack of Congressional authorization for the use of force.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more