The International Criminal Court's opening of a preliminary examination regarding the Gaza war is part of a disturbing pattern it has shown regarding Israel. By repeatedly substituting the General Assembly's political determinations for its own legal judgement, the ICC's prosecutor threatens the court's much-vaunted independence from politics, and turn it into merely the enforcement arm of the motley GA. Moreover, the Prosecutor's view that ICC jurisdiction can be created through a majority vote in the GA is deeply threatening to non-members states like the U.S.
My latest article: a take on the 2013-2014 term.
John Harrison on legislative lawsuits and on the act of state doctrine.
A new article from Election Law Blog's Rick Hasen.
Thoughts on Widiss and Koppelman's new article. [Comments now enabled.]
"Publishing a restatement of choice of law is an ironic act."
Even Charles Black thought not.
A case for constitutions and judicial review.
Law professor Erwin Chemerinsky has a new book arguing that the Supreme Court is a failure. But is Chemerinsky just criticizing the Court for not agreeing with his personal policy preferences? I ask him that, and he responds.
Yes, but maybe not the one you think.