The Obvious Comparison

by hilzoy "You would like to place Zubaydah in a cramped confinement box with an insect. You have informed us that he appears to have a fear of insects.(…) As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a … Read more

Redactions

by hilzoy I am presently reading through the torture memos that the Obama administration released today. I will comment on them when I have had a chance to work through and digest them. I do want to say one thing now, though. Yesterday, various news outlets began reporting that these memos would be released. The … Read more

Children Of The Taliban

by hilzoy There's a really good segment on Pakistan on Frontline World called 'Children of the Taliban'. I can't seem to embed the video here, but just click through and watch it, or at least read the synopsis, which is long enough to give a lot of the details, but a lot quicker than watching … Read more

Tea Party Atonement

by publius Ah, Tea Party Day.  Loves it.  There’s already been much ink spilled on the manufactured nature of these things.  But that’s not the most interesting part.  What’s more interesting is the motivation of the people actually going to these things (and cheerleading them).  To me, the tea parties are serving a psychological function … Read more

More, still

by von Ezra Klein tries to push back on the notion that American top quintile pays a disproportionate share of federal taxes, particularly when compared to most European countries. (See My prior post & Clive Crook.)  Klein doesn't wholly join the argument, which involves, among other things, a comparative analysis between the US and relevant EU … Read more

And Another Thing …

by hilzoy In my post last Friday on domestic violence, I wrote: "I will also refer to abusers as 'he', and to their victims as 'she'; this is accurate in the overwhelming majority of cases." I think this was a mistake. I could just as easily have written that I would use these pronouns because … Read more

A belated note regarding gay marriage

by von I intended to post this note after some misinterpreted my brief comments congratulating Vermont for passing gay marriage "the right way" (my words).  It's safe to say that I'm a little slow.  Still, here goes.  By praising Vermont for passing gay marriage the "right way," I implied that there was a "wrong way" to make gay … Read more

Rectification Of Names

by hilzoy It has been brought to my attention that I have never 'made it clear' that I would rather be known, on blogs, as hilzoy, and not by my actual name. I had always imagined that signing my posts 'hilzoy' was a clear enough indication of how I would like to be known on … Read more

Why Elections Matter

by hilzoy If you have been reading public health blogs for a couple of years, you probably know, and miss, Confined Space, a blog about worker health and safety issues. If you don't, you missed a great blog, the kind that really educates you about an issue that it's hard for non-professionals to learn about otherwise. To … Read more

Prosecute Them

by hilzoy Scott Horton at the Daily Beast: "Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantanamo, several reliable sources close to the investigation have told The Daily Beast. … Read more

Hang It Up, Norm

by hilzoy From the Minneapolis Star-Tribune: "After a trial spanning nearly three months, Norm Coleman's attempt to reverse Al Franken's lead in the recount of the U.S. Senate election was soundly rejected today by a three-judge panel that dismissed the Republican’s lawsuit. The judges swept away Coleman's argument that the election and its aftermath were … Read more

Bend, Break and Head Fake

by Eric Martin Anatol Lieven makes an excellent point regarding the stress that our US-centric policies in Afghanistan/Pakistan are putting on Pakistani political life.  The short story is that, in pressuring the Pakistanis to take on the Taliban, we are asking the Pakistanis to act in a way that runs counter to: (a) public opinion in a democracy; … Read more

Battered Women: The Sequel

by hilzoy

As a followup to my last post on this topic, I wanted to consider this passage from Linda Hirshman's post. She's discussing Leslie Morgan Steiner, author of a memoir about her abusive relationship:

"It is difficult to understand why she stayed in this awful relationship, given that she was not risking starvation and had no children with her abuser. Which is why, no matter how many times Steiner and Marcotte and the others tell them not to, people keep asking the question. And it's terribly important to do exactly that. Asking why women participate in destructive relationships is a mark of respect. The amazing thing is that, four decades after the birth of feminism, we are still arguing about it."

Is it "terribly important" to keep asking why women stay in abusive relationships? And is it true, as Hirshman says, that "the current love affair with understanding stops feminists from calling victims on taking responsibility for their own well-being"? I want to break this topic down into several parts, which I will consider below the fold.

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The Regulatory Origins of the Internet

by publius Patrick Ruffini argues that Obama's alleged regulatory overreaching could (or at least should) move Silicon Valley back into the Republican camp.  I'm not really diving into that, but I wanted to quibble with this statement: The irony here is that many of the entreprenuers who succeeded in the most unregulated environment possible — … Read more

A Debate I Don’t Understand

by publius Part of the ongoing Koh debate is simply about the proper role that foreign law should play in American constitutional law.  And it's worth noting just how absurd this controversy is.  I mean, the rhetoric is completely disproportionate to the actual position of the Justices who are being attacked. To summarize — some … Read more

Koh and Federal Common Law (Wonkish)

by publius

Ed Whelan’s most substantive post so far is on a complicated topic – the role of “customary international law” as “federal common law.”  His post, however, casts an ongoing mainstream academic debate in an inflammatory and ultimately inaccurate light.  (Like Whelan, I’m learning some of this as I go, so I’ll correct anything I get wrong – but it’s important to pushback on this stuff).

Anyway, the ultimate problem with Whelan’s argument is that it transforms a debate about the allocation of power between federal and state governments into a worldwide conspiracy theory.  To Whelan, CIL is essentially part of a Rube Goldberg-like process whereby (1) a cabal on international activists pass a resolution and proclaim it law, (2) Obama appoints federal judges who are sympathetic; and (3) those judges use new versions of international law to “threaten” “representative government.”  There’s more than a little conspiracy theory involved.

At heart, however, much of this debate (particularly the Koh passage Whelan cites) is an argument about state versus federal authority.  To understand, you’ll need some background on the concept of “common law.”

“Common law” basically means judge-made law.  The idea is that judge-made law can exist outside of constitutions, or statutes, or regulations.  For instance, in certain states, you might be sued for assault under a common law definition of assault, even if there’s no assault statute on the books.

There are, however, two very distinct forms of common law – and one is far more problematic than the other.  First, “common law” can refer to a wholly independent binding law floating out in space (this is Holmes’ “brooding omnipresence”).  This is a problematic concept, and one that was essentially eliminated in the United States following the critiques of people like Holmes and other legal positivists.  The reason it’s bad is because it allows judges to make stuff up and be completely unaccountable for it.  For that reason, federal judges liked to use it to break up labor movements in the early 20th century.

The second notion of “common law” is far more benign.  This notion recognizes the supremacy of positive law (e.g., statutes, regulations), but allows courts to serve as a “gap fillers” where statutes are ambiguous (or where any source of positive law is ambiguous).  This is a huge part of what courts do – and there’s nothing controversial about it.

For instance, let’s say that a statute provides for a one-year statute of limitations.  And let’s assume that it matters whether Day 1 begins on the date of the injury, or on the next day.  If the statute is silent, judges might construe the statute in a way that starts the clock on the day of the actual accident. 

In short, courts would define when “Day 1” begins.  This gap-filling is essentially “common law” – the idea is that courts are allowed to fill gaps and interstitial areas on which the original source of law doesn’t speak.  If legislatures don’t like these rulings, they are free to immediately change them.

In short, Version #2 is what courts do every single day and is uncontroversial.  Version #1 is basically never done and is extremely controversial.  Whelan, in essence, is portraying Version #2 as Version #1, and making it seem a lot scarier than it is.

When Koh and others are saying that “customary international law” is “federal common law,” what they’re saying is that these customs can be gap-fillers where Congress or a treaty hasn’t spoken.  Whelan’s argument gives the impression, however, that customary international law (or CIL) will be more like the “brooding omnipresence” that will bind everyone helplessly.

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Unified Electronic Medical Records!

by hilzoy More good news: "President Obama announced plans on Thursday to computerize the medical records of veterans into a unified system, a move that is expected to ease the now-cumbersome process that results in confusion, lost records and bureaucratic delays. Medical information will flow directly from the military to the Department of Veterans Affairs' … Read more

Good. And Not A Moment Too Soon.

by hilzoy From the NYT: "The Central Intelligence Agency announced on Thursday that it will no longer use contractors to conduct interrogations, and that it is decommissioning the secret overseas sites where for years it held high-level Al Qaeda prisoners. In a statement to the agency's work force, the director, Leon E. Panetta, said that … Read more

Why Do They Stay?

by hilzoy

In a post on a book about a violent relationship, Linda Hirshman writes:

"It is difficult to understand why she stayed in this awful relationship, given that she was not risking starvation and had no children with her abuser. Which is why, no matter how many times Steiner and Marcotte and the others tell them not to, people keep asking the question. And it's terribly important to do exactly that. Asking why women participate in destructive relationships is a mark of respect."

I worked in a battered women's shelter for five years, four as a volunteer, and one as a full-time staffer, so I might be able to answer this question. I'll try to get to the respect part in a subsequent post. Obviously, this will be too general: people stay for lots of reasons. I knew someone once who had a bad heroin habit, and while getting involved with a guy who beat her up if she tried to leave the house would not be my preferred method of detoxing, it worked for her. (She was still clean the last time I heard.) But generalizations might be better than nothing. I will also refer to abusers as 'he', and to their victims as 'she'; this is accurate in the overwhelming majority of cases.

In some cases, understanding why someone stays is easy. A lot of women are afraid that their abuser would try to harm them if they leave. And with good reason: about a third of female homicide victims were killed by a spouse, lover, or ex-lover; and that's not counting the women who are "merely" beaten, stalked, and so forth. Staying in a case like this, at least until you had figured out how to leave safely and cover your tracks, is not mysterious or perplexing.

Moreover, while I think the assumption that battered women stay because they are just dumb, or have staggeringly bad judgment, is wrong and insulting, there are a whole lot of battered women, and it would be very surprising if none of them stayed for such reasons. We asked women who came to our shelter when the abuse had started; one woman told me that her husband had thrown her from a moving car on their first date, at which point I wondered silently why on earth there had been a second date, let alone a subsequent marriage. But in my experience such women were a vanishingly small minority.

What is hard to understand, I take it, is why women who do not have obviously bad judgment, and who do not take themselves to be in serious danger if they leave, stay anyways. So I turn to them.

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The Big Picture on Koh

by publius

The war against Koh is heating up, as David Weigel reports.  It’s going to get ugly, and the attacks thus far have been both misleading and steeped in nationalist paranoia and conspiracy theory. 

Anyway, before things really heat up, I want to try to present a big picture of some of the various diverse strands of Koh’s writings.  Don’t get me wrong – I’m going to further address in detail why I think Ed Whelan’s posts have been misleading and unfair.  But for tonight, let’s stick to the big picture.

Koh is a highly-respected international law scholar.  And he’s written a ton of stuff – roughly 175 law review articles and 8 books.  When you write that much, it’s very easy for people to cut and paste snippets here and there that don’t sound good out of context.  Of course, there’s nothing wrong with using snippets to attack someone – but those snippets must fairly represent the consistent themes of one’s scholarship.

So let’s unpack some of those themes, because they’re quite distinct:

First, Koh supports looking to international law to help inform legal decisions.  If you’re ok with courts using Webster’s Dictionaries, then this shouldn’t be too deeply unsettling.  Courts look at external sources all the time when construing federal statutes and constitutional text – things like dictionaries; state law; policy; precedent; Blackstone’s Commentaries, etc. 

No one is saying that international law dictates what the Eighth Amendment means.  Koh is merely saying that we can look at other stuff to help us make good decisions.  It’s almost laughably banal.

Second, we have “transnationalism,” for which Koh is best known.  Whelan and others demagogue the very word – but at heart, it’s fundamentally a descriptive theory about the interaction between international and domestic law.  (There are normative elements too, and I’ll get to those).

Transnationalism responds to well-known questions in the literature – why do nations follow international law?  How does international law become incorporated into domestic law?  There are many schools of thought on this – e.g, self-interest, coercion by powerful states. 

Koh’s innovation was to argue that “transnational legal process” plays a role too.  Essentially, the idea is that various interactions among various diverse parties (e.g., grassroots efforts, legislation, litigation, persuasion) can create norms that are eventually internalized by various institutional actors.

Norm internalization is a fancy word for “changing people’s minds” or “persuading” them.  For instance, the reason you follow the speed limit even if no cops are around is because you’ve internalized that norm.  Similarly, most countries have voluntarily adopted the Geneva Convention because, at some point, they internalized the norm that killing prisoners is bad.

Koh’s work describes how these developments came about – e.g., how these norms form, and how they get internalized.  The descriptive aspect of his work is his most interesting contribution – and it’s what people like Whelan wholly ignore.  From reading his posts, you’d think transnationalism is one big normative proposal to illegally supplant domestic law.

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In which I unintentionally reveal my private thoughts regarding the Republican party to the world.

by von Private to Andrew Sullivan: Another way to describe Erick Erickson's attack on Levi Johnston and his sister is libel per se.  That's the typical legal status of an implication of incest.  And, judging from the content of the post, I'd say that Johnston has a decent shot of satisfying an actual malice standard.  (Actual malice is probably required under US law because … Read more

You Can Have Whatever You Like

by Eric Martin

The American Foreign Policy Project has put forth a fact-based, level-headed and insightful (warning pdf) policy paper on the Iranian nuclear issue.  It is both a valuable primer on the contours of the background facts and ongoing process, and a useful guide to setting achievable objectives going forward.

The report cuts through the hype to provide the facts on the current intelligence:

Although we often hear it said or implied that Iran is clearly pursuing nuclear weapons, the facts are more complex than that.

The Director of National Intelligence Dennis Blair has just re-affirmed the December 2007 finding that Iran shut downits weaponization and covert enrichment activities in Fall 2003, with no evidence of a re-start.  What we know Iran to be doing is enriching uranium at Natanz, openly under IAEA safeguards, and improving its ability to enrich more efficiently, while slowly accumulating a small stockpile of low-enriched uranium.  It is also building a heavy-water reactor at Arak. These projects will shorten the lead-time for developing a nuclear weapon, should Iran decide to do so in the future. That is the sense in which, as Mr. Blair puts it, we know Iran to be "developing a nuclear weapon capability" and "preserving a weapons option."

In practice, Iran's current path preserves at least three different options, the first and last of which are not mutually exclusive: (a) pursuing enrichment for nuclear energy use as a source of national pride and a symbol of Iran's refusal to be cowed, (b) using its enrichment as a bargaining chip in larger negotiations with the United States and its allies, or (c) pursuing a weapon either to deter a feared U.S. or Israeli attack, or to support aggressive goals, including expanding its influence in the region.  The U.S. intelligence community believes that Iran probably has not yet made a firm decision with regard to nuclear weapons, and that decision may well depend in large part on what the United States and its allies do.

According to U.S. intelligence community estimates, Iran is not expected to accumulate enough fissile material for even a single weapon until sometime in the 2010-2015 time frame, and that would require a "break-out" that almost certainly would be detected. What this means, in Secretary of Defense Robert Gates' words, is that: "They're not close to a stockpile, they're not close to a weapon at this point, and so there is some time."  The only effective way to illuminate – and, if necessary, constructively alter – Iran's intentions is to use that time for skillful and careful diplomacy.

Meanwhile, publicly assuming the worst in the absence of evidence – and issuing an immediate ultimatum based on that assumption — is a singularly bad idea. It will provoke a needless confrontation if the assumption is wrong. It will deprive Iran of a face-saving way to shift course if the worst-case assumption is correct. And continuing to threaten to bomb Iran – as Israel is doing – is the best way imaginable to make the worst-case scenario a self-fulfilling prophecy.

To reiterate some points made in the above excerpt, Iran will not be able to create a nuclear weapon unless either: (1) it "breaks out" from the IAEA monitoring process which would set off all types of alarm bells (and would leave us a window to act military should that be the option selected – though I oppose it); or (2) Iran has secret facilities that have thus far escaped detection – in which case bombing the known facilities would serve little purpose because the secret, hidden facilities represent the real threat in terms of weaponization.  In fact, attacking Iran under such a scenario would likely lead the ruling regime to redouble efforts to create a weapon via those hypothetical secret facilities, only now with an even more antagonistic and hostile posture at precisely the time that easing tensions and normalizing relations would have added urgency. 

More from the report on setting realistic, attainable objectives:

In setting goals for diplomacy, U.S. policy-makers should be guided by one basic question: What observable policy changes by Iran that are realistically achievable will make us most secure, given that Iran's present intentions are unknown?

"Give up the pursuit of nuclear weapons" is not a meaningful demand since Iran denies it is pursuing weapons and the United States has no clear evidence with which to dispute that denial.

Past U.S. policy has focused to the point of obsession on forcing Iran to (a) answer all questions about alleged past weapons work, (b) suspend its open and safeguarded enrichment at Natanz, and (c) stop construction of a heavy-water reactor at Arak. Alliances have been built, UN resolutions pushed through, and sanctions imposed — all for the purpose of pressuring Iran to submit to these three demands.

The third objective responds to a longer-term concern and can be readily incorporated into the diplomatic strategy that we propose.  However, in our judgment the first two of these objectives are simply the wrong priorities.  Iran has shown no indication that it is willing to take such actions, even under international pressure, and focusing on these demands comes at the expense of other achievable steps that would provide greater benefit to our security. Rather than simply take up where the Bush Administration left off, the Obama Administration needs to re-think its objectives with three key points in mind:

(a) Open, declared, safeguarded enrichment is not the greatest threat. Let us suppose for the sake of contingency planning that Iran were to decide to pursue a nuclear weapon.  How would it do so?  U.S. officials are not unjustified in worrying that Iran might close off access to the Natanz facility, evict inspectors, and start transforming its low-enriched uranium into high-enriched weapons material. North Korea did something analogous with spent reactor fuel and plutonium a few years ago. It's a most unlikely scenario, however, in the case of Iran. Any such maneuver would be immediately known, confronting Iran with a high risk of a forceful response, from Israel if not others.  This being so, any Iranian decision to pursue a weapon would much more likely follow a clandestine path.

(b) Focus on transparency. Past U.S. policy has so fixated on stopping all open, safeguarded enrichment in Iran that it has left itself half-blind to the more consequential risk of a clandestine program, should Iran decide to pursue a weapon.

Guarding against the clandestine risk requires, first and foremost, getting Iran to resume implementing the co-called "Additional Protocol" to each country's Safeguards Agreement with the IAEA. The Additional Protocol is not a panacea. One still needs intelligence to tell the IAEA where to look. But with the Additional Protocol one has a way of confirming or denying suspicions of clandestine nuclear work furnished by intelligence. Without it, there is none.

Adherence to the Protocol is voluntary, however. Brazil is pursuing enrichment, but hasn't signed the Protocol. Iran signed the Protocol and had been voluntarily implementing it, but stopped doing so in response to UN sanctions aimed at stopping Iran's safeguarded enrichment.

Iran has offered to resume applying the Additional Protocol and possibly accept other safeguards in the context of an overall settlement. There is only one way to find out whether this offer is serious or not, and what its contours are: start talking to Iran.

(c) The West probably can't have it all. Ideally, of course, one would get it all.  Iran would simply capitulate: stop enriching, come clean about its past and resume implementation of the Additional Protocol. In the real world, this is unlikely to happen, and it is vitally important that the best not become the enemy of the good.

While the Additional Protocol probably should be required of all nations who engage in nuclear activities, it is currently a voluntaryarrangement that has to be bargained for. Moreover, as the relevant UN Security Council resolutions acknowledge, Iran is entitled under the Nuclear Non-proliferation Treaty (NPT) to use nuclear energy for peaceful purposes, and that right has long been understood to encompass enrichment under safeguards. Nothing in the NPT or Iran's Safeguards Agreement supports the notion that a country is barred from enriching uranium if it has ever pursued a weapons program, even one halted years ago.

What this means is that the dispute that has put Iran at loggerheads with the West is not over whether Iran may enrich uranium. It is over whether Iran must first suspend enrichment for a period and answer all questions about allegations of past weapons work to regain the "confidence" of the international community – before resuming enrichment.

In our judgment, this difference is not so fundamental as to be worth the conflict it has evoked. Achieving a temporary suspension of open and safeguarded enrichment at the cost of the Additional Protocol would be a pyrrhic victory – and might well just drive enrichment underground. And forcing Iran to answer potentially embarrassing questions about the past is far less important than safeguarding the future.   

The statement "The West probably can't have it all" is one of the strongest critiques of the brash, petulant, bellicose foreign policy that has come to dominate the Republican Party in recent decades.  It is a foreign policy posture that is born out of maximalist fantasy of the United States' position in the world, fed by delusions of unipolarity on steroids.  In this cartoonish view, the United States is so omnipotent that it can traipse across the globe, disregarding the interests of other states (which, when counter to our own in any way, are de facto illegitimate), making demands that must be met en toto…or else!  No compromise. No give and take. 

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Galston On Rawls (Wonkish)

by hilzoy

As I wrote last night, I have been reading John Rawls' undergraduate thesis. Having almost finished it, I wanted to say a few words about William Galston's article on it, because I think it's wrong in several respects. 

Rawls' thesis was written during a period in which he was intensely religious, and it shows. His first basic presupposition is that "there is a being whom Christians call God and who has revealed Himself in Christ Jesus". (Having been an undergraduate in the same department at the same institution forty years later, I tried to imagine turning in a thesis with this basic presupposition. My head exploded.) Galston notes this, and writes:

"If it turns out that early faith commitments constitute the unexpressed but indispensable basis of Rawls's thought, then one may wonder whether there are other grounds on which those of different faiths, or no faith at all, can affirm the validity of his conception of justice as fairness."

This is true. But it's not clear, to me at least, why one might think that Rawls' early Christianity, which he had abandoned long before he published A Theory Of Justice, would turn out not just to illuminate that work (which it does), but to be indispensable to it — to call into question the extent to which non-Christians could accept it. For that to be the case, the arguments in TJ would have not just to be informed by Rawls' experience of religion, but to require religious presuppositions. And it's not clear why one would think that that is true.

Galston's main example is this:

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I Don’t Believe in Elvis

by Eric Martin For the record, the Bill of Rights and the Constitution take precedence over Party or Party leader each and every day of the week.  What Glenn said: Several weeks ago, I notedthat unlike the Right — which turned itself into a virtual cult of uncritical reverence for George W. Bush especially during the … Read more

And now for something completely different.

by von Triple super phosphate. Tom Maguire says all that needs to be said about Kevin Drum's "Fun with Phosphates."  Drum claims that the detergent industry "just didn't feel like" selling phosphorous-free detergent.  The first hint that industry might be motivated by consumer demand and not feelings?  The title of the LA Times Article that Drum cites … Read more

Let Me See that Tootsie Roll

by Eric Martin Daniel Larison bemoans the “Whatever it is I think I see” approach to foreign policy plaguing the Republican Party: …I am depressed that the range of acceptable foreign policy debate in leading Republican circles stretches all the way from “attack them” (it does not really matter which state we’re discussing) to the cliche … Read more

Philosophy: Not Dead Yet!

by hilzoy I've been off reading John Rawls' undergraduate thesis, and so I only just realized that David Brooks has announced "The End Of Philosophy". (Parenthetical note: what is it with these conservatives and their desire to kill off the humanities? Fukuyama and the End of History, now Brooks … can the Death of Inner … Read more

Whelan Watch

by publius Continuing our Ed Whelan watch, he’s begun a series of posts attacking Koh and a bogeyman version of “transnationalism” – which transforms in Whelan’s posts into the means through which an international conspiracy will undermine American sovereignty.  So as I have time, I’m going to address some of his anti-Koh posts.  So let’s … Read more

Soundtrack for the file “More”

by von I previously noted that Obama's spending and Obama's tax cuts cannot coexist in perpetuity.  Clive Crook notes the same in a recent article in the Financial Times.  You should read the full Crook in the pink pages, but here's a snippet: In short, whether it intends to or not, Congress is leaning towards making the long-term … Read more

The Defense Budget

by hilzoy Noah Schachtman: "Defense Secretary Gates just proposed the most sweeping overhaul of America's arsenal — and of the Pentagon budget — in decades.  Major weapons programs, from aircraft carriers to next-gen bombers to new school fighting vehicles, will be cut back, or eliminated. Billions more will be put into growing the American fighting … Read more

The Horrors of Transnationalism

by publius Ed Whelan is bringing the full crazy on Harold Koh – alleging that Koh’s “transnationalism” is some sort of global elite conspiracy to conquer the world.  He writes: What transnationalism, at bottom, is all about is depriving American citizens of their powers of representative government by selectively imposing on them the favored policies … Read more

Getting Your Face Wet

by hilzoy John Hinderaker wows us again with his caring and decency (emphasis added): "Torture has been illegal for a number of years, and President Bush insisted just as strongly as Obama that the U.S. does not torture. There was a legitimate debate about waterboarding, which does no physical injury, and which I do not … Read more

Commonwealth Legal Bleg

by Eric Martin To the worldly and…lawyerly readership of Obsidian Wings, I have a bleg of a certain variety: I need recommendations for law firms that specialize in Internet, technology, privacy and/or sweepstakes law in the following countries: Canada, the United Kingdom, Australia and New Zealand. Please feel free to drop recommendations in the comments, or email me … Read more

Whatever it Is I Think I See

by Eric Martin Over the weekend, in defiance of UN Resolutions and international pressure, North Korea launched another test of its long range missile (Taepodong-2).  As with North Korea's prior two efforts to test its long range missile capacity, this weekend's attempt was a resounding failure.  Dr. Jeffrey Lewis (proprietor of ArmsControlWonk) put it succinctly: Oh-for-three. These guys … Read more