Special to Law.com The crush of a burdensome caseload has made oral argument a scarce commodity in many federal appellate courts, writes Howard J. [read post]

That is not the issue of proportionality as such - proportionality as such is the situation where a commander, without any special or extra intent of wanton and depraved destruction, was nonetheless found liable under the laws of war for destruction because the court simply found it disproportionate as such.)The full declaration from which this is drawn can be found on SSRN, here, and the reply declaration to the plaintiffs experts (Michael Reisman and I were experts for the defendant… [read post]