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What the ICC Prosecutor Charged – and Didn’t Charge – in Gaza Warrants

22 May 2024, 10:23 am by David Luban

Under the ICC’s founding principle of complementarity, a case is “inadmissible” if it is being “investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution” (Rome Statute art. 17(1)(a)). [read post]

Just Security - https://www.justsecurity.org/

Case Summaries: Fourth Circuit Court of Appeals (April 2024)

21 May 2024, 8:17 am by Phil Dixon

Under Illinois v. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Nuts & Bolts of Int’l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders

20 May 2024, 7:24 am by Tom Dannenbaum

Warrants would also provide the focal point for political and legal mobilization in third states, including the United States, making it harder to sustain military aid to Israel. [read post]

Just Security - https://www.justsecurity.org/

Summaries Sunday: Supreme Advocacy

19 May 2024, 4:01 am by Administrator

Criminal Law: Language RightsR. v. [read post]

Slaw - http://www.slaw.ca/

Sachs on Dobbs and Originalism

17 May 2024, 8:55 am by Lawrence Solum

Here is the abstract: Though often hailed as an originalist triumph, Dobbs v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

[Stephen E. Sachs] Dobbs and the Originalists

15 May 2024, 1:07 pm by Stephen E. Sachs

Baird, Lawrence v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

14 May 2024, 7:55 am by Richard Frank

Juliana v. [read post]

Legal Planet - https://legal-planet.org/

With or Without Chevron Deference, Agencies Have Extensive Rulemaking Authority, by Dena Adler and Max Sarinsky

13 May 2024, 3:37 pm by Guest Author

Raimondo and Relentless, Inc. v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Tweedy on Anticommandeering and Indian Affairs

13 May 2024, 12:25 pm by Lawrence Solum

In subsequent cases relating to Indian Affairs legislation, the Court should clarify that only a very narrow version of the anticommandeering doctrine applies in this context because of the virtual absence of state authority in the area and the history of acceptance of federal activities that can be described as commandeering state enforcement activities. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Ann Tweedy on Anticommandeering and Indian Affairs Legislation

13 May 2024, 3:35 am by Matthew L.M. Fletcher

In subsequent cases relating to Indian Affairs legislation, the Court should clarify that only a very narrow version of the anticommandeering doctrine applies in this context because of the virtual absence of state authority in the area and the history of acceptance of federal activities that can be described as commandeering state enforcement activities. [read post]

Turtle Talk - https://turtletalk.blog/

Discovery, certiorari, mandamus, foreign subpoena, and buckwheat crepes with prosciutto, arugula, and asiago

12 May 2024, 1:42 pm by Law Lady

VILER, Appellants, v. [read post]

The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/

The Darfur Genocide Demands International Action and Accountability

9 May 2024, 5:55 am by Mutasim Ali

Second, based on the first conclusion, and as established by the ICJ in Bosnia v. [read post]

Just Security - https://www.justsecurity.org/

[Eugene Volokh] Columbia, the Boycotting Judges, Neutrals, and Secondary Boycotts

7 May 2024, 5:01 am by Eugene Volokh

Elrod v. [read post]