Nearly five years after the Grokster case transformed the freewheeling world of free online music sharing into the fee-based business model of iTunes, newspapers are arguing for similar legal enforcement of their intellectual property rights online. The enemy is no longer peer-to-peer (P2P) software. Rather, the new alleged enemy is "news aggregators," such as Google News. At last week's FTC Workshop on Journalism and the Internet, a panel of nine industry experts addressed, "Emerging Business Models for Journalism." The 9-person panel included two lawyers: Srinandan Kasi, General Counsel for the Associated Press and Steven Brill, a graduate of Yale Law School and co-founder of Journalism Online, Inc. Update: the archived webcast is now available. More

The U.S. Federal Trade Commission (FTC) is hosting a two-day "Workshop on Journalism and the Internet" in Washington, D.C. The workshop serves as a forum for industry leaders, consumer advocates, academics, and lawyers to advise the FTC on possible changes to copyright law, antitrust law, and tax policy. The FTC convened the workshop in response to concerns that investigative journalism and coverage of public affairs news is on the decline due to financial difficulties by news agencies and new online competition from citizen journalists, bloggers, and aggregate content providers. The FTC asked workshop participants for proposals related to: (a) new tax treatments of news organizations, (b) changes in copyright, including the "fair use" doctrine as applied to news stories, (c) antitrust exemptions as applied to certain conduct of news organizations, and (d) greater public funding for public affairs news. The Workshop continues today and is open to the public. For those unable to attend, the Workshop is available as a live webcast. More

Two weeks ago, the California Supreme Court heard oral arguments in a death penalty appeal. The defendant's legal arguments included, in part, that the death sentence must be vacated because the death penalty violates international law and that international law is binding on the California state court. Specifically, the defendant contends that the California death penalty statute violates the International Covenant on Civil and Political Rights (ICCPR) and evolving global norms against capital punishment. The Court has not yet ruled on the case and will be hearing similar legal arguments in another death penalty appeal before the Court on November 4, 2009. Should international human rights instruments and customary international law influence the Court's analysis of the death penalty statute, the defendant's due process rights, and what constitutes "cruel and unusual" punishment? More

The Singapore Law Society is offering a weekend of FREE legal counseling, interactive panel discussions, and legal exhibitions to the public. Individuals can get 20 minute one-on-one consultations with an attorney on a first-come, first-served basis. Panel discussions include employment law, new bankruptcy laws, debt restructuring, using the Internet at work, and data privacy. Additional exhibitions will cover family law, domestic violence, youth crimes, and Internet crimes. The event takes place this Saturday and Sunday from 10 a.m. to 6 p.m. at Exhibition Hall. More

The International Peace Research Institute in Oslo, Norway (PRIO) is accepting applications for 1-year scholarships for master’s degree students specializing in conflict resolution and peacebuilding, national security, global security, or the study of civil wars. Students worldwide may apply. The Institute particularly encourages students with non-Western backgrounds to apply. The deadline for applications is 16 November 2009. More

The UN Commission on the Status of Women invites any individual, non-governmental organization, group, or network to submit accurate and detailed information to the Commission relating to the promotion of women's rights in political, economic, civil, social, and educational fields in any country anywhere in the world. The Commission is particularly interested in receiving any information relating to alleged violations of human rights that affect the status of women. The Commission will use this information to analyze emerging trends and patterns of injustice and discriminatory practices against women. This analysis informs the Commission's policy process, including the formulation of the best strategies to promote gender equality. The author's name will not be made known unless the author provides explicit permission. Submissions will be accepted until 14 August 2009. More

My article, "The Legal Implications of Nearshore Outsourcing to Mexico," has been published in the latest issue of The California International Law Journal. The issue contains three articles on Mexico and one article on IP in the EU. My article is intended for practitioners and provides pragmatic advice and recommendations related to contract enforceability, remedies, arbitral clauses, data privacy, intellectual property, and other legal issues under relevant contract laws, NAFTA, and international commercial and trade agreements. In the same issue, J. Anthony Girolami examines the 2008 Renewable Energy Law in Mexico, its impact on the industry, and how California may benefit from geothermal, wind, and hydroelectric power generated in Mexico. In the third Mexico-focused article, Lizbeth H. Flores identifies eight cultural practices that every cross-border attorney doing business in Mexico should know. Lastly, Robert Cain and Mark Finn provide Part II of their two-part article on protecting intellectual property rights in the European Union. More

The "Call for Papers" section can now be found at http://www.insidejustice.com/law/index.php/CallForPapers. More

One year ago, I wrote a small booklet, "The Evil Dictator's Guide to Genocide: Deliberate Infectious Disease Spread," to accompany a presentation I gave on possible criminal culpability for intentional infectious disease spread. "The Evil Dictator's Guide to Genocide" provides Machiavellian guidance on the benefits, risks, and possible legal consequences of using infectious diseases as weapons against targeted or vulnerable populations. The recent swine flu outbreak, along with my post yesterday discussing the lack of the World Health Organization's enforcement authority, reminded me again of the ease by which an evil leader could take advantage of this latest disease outbreak. Back by popular demand, you can download a copy of the booklet for free. Circulation to evil dictators is prohibited by law. More

The SOLON War Crimes Conference, themed "Retrospectives and Prospects," took place on 19-21 February 2009 at the Institute of Advanced Legal Studies, London University, in association with SOLON and The Institute of Historical Research. Reprinted here with permission is the conference report and transcript of the plenary talk by Lesley Abdela. More

On Saturday, the World Health Organization declared the swine flu outbreak in Mexico and the United States to constitute a "public health emergency of international concern" under the International Health Regulations, a legally binding international instrument on disease prevention, surveillance, control, and response adopted by 194 countries. Countries with confirmed cases of swine flu are asked to report all probable and confirmed cases and deaths to WHO on a daily basis. WHO Director-General Dr. Margaret Chan also called upon all countries to intensify their surveillance and detection of unusual influenza-like outbreaks and cases of severe pneumonia. This discussion explores the International Health Regulations, its provisions for infectious disease containment, what constitutes a public health emergency of international concern, and the scope of enforcement authority to thwart a global pandemic. More

This panel, at the 2009 ABA Section of International Law Spring Meeting, addressed common pitfalls in negotiating and drafting international agreements. Panelists included Pierre-Yves Gunter, Calvin Hamilton, Florian Jörg, Fabiano Deffenti, and Erik B. Wulff. Panelists shared their "war stories" of cross-border transactions. The panelists agreed that lawyers need cross-cultural understanding and training. They provided tips on how to deal with contract translations, choice of law, award enforcement, and arbitration. The following summarizes their recommendations and real-world vignettes. I also provide a list of pragmatic tips based on my experiences with software development and data outsourcing. More

This week, the Energy and Commerce Committee on Capitol Hill will hold four days of hearings to discuss a 648-page draft bill, the "American Clean Energy and Security Act of 2009," sponsored by two senior House Democrats, Representatives Waxman and Markey. Last week, at the 2009 ABA Section of International Law Spring Meeting, Joseph Dellapenna moderated a discussion on Obama's market-based cap-and-trade proposal for carbon emissions with three panelists: Michael Gerrard, Jeffrey Gracer, and Kenneth S. Rivlin. The session was entitled, "Can Carbon Trade Save the World (or Does the World Need to Be Saved from Carbon Trading)?" These experts examined the concerns about market manipulation, the adequacy of possible regulation, the pros and cons of auctions, the lessons learned from other countries with traditional cap-and-trade systems, and possible policy alternatives. Here are some notes that I took during the session. More

Jeffrey L. Bleich, Special Counsel to President Barack Obama in the White House, moderated a discussion on human rights in the new administration with four panelists: Santiago Canton, the Executive Secretary of the Inter-American Commission on Human Rights of the Organization of American States (OAS); William Davis, the Director of the United Nations Information Center in Washington, D.C.; Ambassador Karen Stewart with the Bureau of Democracy, Human Rights and Labor at the U. S. Department of State; and Chip Pitts, an international attorney with Amnesty International. The panel was part of the 2009 ABA Section of International Law Spring Meeting, held 14-18 April 2009 in Washington, D.C. The panelists provided reflections and recommendations with respect to the Durban Review Conference, the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights, the International Criminal Court, the Alien Tort Claims Act, China, Sudan, Cuba, and actions for the Obama administration to take within the next 30 days. More

The 2009 ABA Section of International Law Spring Meeting was held 14-18 April 2009 at The Fairmont Hotel in Washington, D.C. There were 80+ CLE programs, a series of networking events every day and evening, and special events at The Kennedy Center and the U.S. Department of State. I tweeted (#ABA) from the event. This blog posting provides short summaries of some of the sessions. Topics of special interest are separate blog postings. More

The Internet of the Future is the theme of the Second International ICST Symposium on Global Information Governance (ISGIG) to be held 15-17 September 2009 in Prague, Czech Republic. Legal researchers, academicians, practitioners, and others are invited to submit original papers describing new research, applications, or case studies. Encouraged topics include national and regional frameworks for IT governance, cyberterrorism, cybercrime, privacy, and virtual worlds. The deadline is 17 April 2009. More

The Kauffman Foundation Legal Institute has launched a major, multi-year initiative to support research and writing on legal subjects relating to innovation and economic growth. Several sessions at the Institute will be devoted to discussing working papers or draft manuscripts. The Institute solicits abstracts, outlines, or actual working papers by scholars seeking to present and discuss their work this summer in California. Air travel, ground transportation in California, and lodging will be covered for authors of accepted papers. The deadline is 15 April 2009. More

Judge Rosalyn Higgins, the outgoing President of the International Court of Justice (2006-2009) and member of the Court since 1995, recently spoke at the 103rd Annual Meeting of the American Society of International Law (ASIL) and the Jessup 50th Anniversary Celebration. She offered insights on role of the ICJ, changes within the court, and the future of international law. The following summary includes her remarks at both events. More

ICJ President Hisashi Owada, Judge Thomas Buergenthal, and Judge Bruno Simma participated in the plenary session on 27 March 2009 at the 103rd Annual Meeting of the American Society of International Law (ASIL). Lucy Reed and Ralph Steinhardt served as the moderators. More

Achim Steiner, the Executive Director of the United Nations Environment Programme (UNEP), delivered the Annual Grotius Lecture on 25 March 2009 at the 103rd Annual Meeting of the American Society of International Law (ASIL). His lecture, titled "Focusing on the Good or the Bad: What Can International Environmental Law Do to Accelerate The Transition Towards A Green Economy?" called for increased incentive-based systems rather than deterrence or punishment. The following provides an overview and analysis of his lecture. Dinah Shelton (GWU) provided remarks. More

The 103rd Annual Meeting of the American Society of International Law (ASIL) took place 25-28 March 2009 at the Fairmont Hotel in Washington, D.C. This year's theme, "International Law as Law," focused largely on state responsibility, including R2P, domestic enforcement of international tribunal decisions, treaty ratification and compliance, nuclear nonproliferation, law of the sea, and the role of human rights. Special interest sessions addressed feminism, the global financial crisis, intellectual property rights in China, the future for Guantanamo detainees, legal empowerment of the poor, whaling, and the 2005 Hague Convention on Choice-of-Court Agreements. The following are highlights and event summaries from the plenary, special, and a few of the 30+ regular sessions. More

The Colombian Yearbook of International Law (CYIL) is accepting submissions for Volume 3 of its Review, due to be published in 2010. Articles should be 25-35 pages. Submissions should address topical issues in public and private international law. Articles may be in Spanish, English, French, and Portuguese. The deadline is 31 October 2009. More

The latest issue of the Lewis & Clark Law Review features four articles based on the U.S. Supreme Court's 2008 decision in Medellín v. Texas. Ingrid Wuerth (Vanderbilt) questions the Court's application of Presidential powers under Youngstown to the controlling legal issue of treaty interpretation. Paul B. Stephan (University of Virginia) explores the role of comity in states' compliance with the judgments of the International Court of Justice and the failure of the U.S. Supreme Court to address delegations to the Executive. Specifically, he discusses what is required for a treaty to give the President unilateral authority to make domestic law. John T. Parry (Lewis & Clark) offers a primer on treaties and 42 U.S.C. 1983, which governs civil actions for the deprivation of rights. He argues that treaties and statutes should be treated the same under §1983. Lastly, Scott W. Lyons (Acting Director of Programs, ASIL) explores the limitations of remedies for treaty violations and argues that unilateral, self-help measures may be increasingly sought by other countries in the absence of stronger enforcement measures of ICJ decisions. The full text of the articles is available online for free. More

The Interdisciplinary Journal of Human Rights Law (IJHRL) is currently seeking submissions for its 2009-2010 annual publication. IJHRL is a peer-reviewed, scholarly journal designed to address international human rights issues. The journal invites quality submissions from scholars, jurists, and professionals in fields related to human rights and international humanitarian law. IJHRL also welcomes review essays, book reviews, and comments/notes. Early submissions are encouraged. The deadline is 1 July 2009. More

The winning 2009 Jessup International Moot Court Competition team from the Universidad de Los Andes, Colombia sent me photos to post and additional information about the team. El equipo de la Facultad de Derecho de la Universidad de los Andes, Colombia me envió fotos para enviar y obtener información adicional acerca del equipo. More

The second annual conference of the Association for the Study of the Middle East and Africa (ASMEA) will be held 22-24 October 2009 at the Key Bridge Marriott in Washington, D.C. The Association currently is seeking proposals to present papers at the 2009 conference. Abstracts should pertain to theme of the conference and consist of a one page outline of the subject. Among the areas of scholarship that ASMEA is interested in exploring are the issues relating to conflict and crime in Africa and the Middle East and their mitigation including genocide, terrorism, organized crime, corruption, piracy, truth and reconciliation commissions, and democratization. The deadline is 1 June 2009. More

The International Law Section of the Texas State Bar invites papers from law students. Entries should address any area of international law. Winning articles will be considered for publication in the Texas Transnational Law Quaterly. Winners will receive free admission to the Section's 22nd Annual International Law Institute 2010. The competition is open to any law student at a ABA-accredited law school during the 2008-2009 academic year. The deadline is 31 May 2009. More

Wondering how to prepare for the oral rounds of the Jessup International Moot Court Competition? During the International Rounds of the 50th Jessup in Washington, D.C., 22-28 March, 2009, I asked 21 fellow judges for their thoughts on what advice they would give to future Jessup competitors. Until now, their advice has been as confidential as the Bench Memorandum provided to judges each year. A compilation of their recommendations is given below, along with additional suggestions from bailiffs, coaches, advisors, and national administrators. Your fellow competitors also graciously provided helpful hints, fondly termed "Reverse Tips." More

The International Review of the Red Cross invites articles on "Displacement" for its upcoming thematic issue in September 2009. What is the impact of international migration? How can the Red Cross, and particularly the national societies, respond to the humanitarian needs? The deadline to submit articles is 30 April 2009. More

The Office of the High Commissioner for Human Rights (OHCHR) is accepting applications for the Indigenous Fellowship Programme, which runs four months in Summer 2009 in Geneva, Switzerland. Fellows also have the opportunity to receive training sessions with other UN agencies, including ILO, WIPO, UNESCO and UNITAR. Fellows will receive airfare from the country of residence to Geneva, accommodation in Geneva, health insurance, and a monthly grant to cover other living expenses in Geneva. The deadline to apply is 30 April 2009. More

This year's special celebration of the 50th anniversary of the Philip C. Jessup International Law Moot Court Competition concluded with a special Gala and International Rounds in Washington, D.C. The competition simulates a case before the International Court of Justice (ICJ / "World Court") in The Hague, the Netherlands. This year, 2000+ students at 560+ law schools spent the academic year researching and preparing memorials and oral arguments for the applicant Alicanto and respondent Ravisia in the case concerning "Operation Provide Shelter." The Compromis dealt with humanitarian intervention, R2P, use of force, accountability of peacekeepers/troops, human rights, due process, and the death penalty. The Universidad de los Andes from Colombia, representing Alicanto, won the 2009 Jessup World Champion Trophy, and the University College London, representing Ravisia, won World Championship Runner-up. The lively, humorous, and demanding bench included "your excellencies": Bruno Simma as Mr. President, Ruth Wedgwood, and José Alvarez. More

The Ashburn Institute Transnational Law Journal welcomes articles and notes for its first publication to be printed in June. The AITLJ welcomes well-researched, high-quality notes and articles relating to humanitarian law, human rights law, comparative law, maritime law, and international trade/business law. The journal accepts articles from lawyers and law students. The deadline is 13 April 2009. More

The Elizabeth Neuffer Fellowship is open to women journalists around the world whose work focuses on human rights and social justice. Journalists working in the print, broadcast and Internet media, including freelancers, are eligible to apply. A fixed stipend will be provided to cover lodging, meals, round-trip economy airfare to Washington, D.C., and ground transportation during the fellowship. The deadline to apply is 15 April 2009. More

The International Journal of Transitional Justice invites submissions for its 2009 special issue titled "Whose Justice? Global and Local Approaches to Transitional Justice" to be guest edited by Professor Kimberly Theidon, Associate Professor of Anthropology, Harvard University and Executive Director of Praxis Institute for Social Justice. The deadline for submissions is April 15, 2009. More

The main purpose of this research guide is to assist legal scholars conducting research in the area of nonproliferation of nuclear weapons. This research guide provides: (a) introductory resources for historical and technical background; (b) information about multilateral authorities, agreements, and enforcement mechanisms; (c) resources to locate journal articles, books, subscription databases, free databases, and additional online resources; and (d) resources on related disciplinary areas to help locate research and content on terrorism, disarmament, and national security. More

The full agenda for the 103rd Annual Meeting of the American Society of International Law (ASIL) is now available. The theme is "International Law as Law." Plenary and special sessions will feature top officials from the Obama administration, former and current judges of the International Court of Justice, UN officials, and judges from the Iran-United States Claims Tribunal and the High Court of Botswana. More than 30 regular sessions will cover a broad range of subjects, from nuclear nonproliferation to climate change. Last year, more than 1,000 leading legal scholars, practitioners, and officials from roughly 75 countries attended. The conference will be held 25-28 March 2009 in Washington, D.C. I will be blogging and tweeting from the event. More

The Journal of Human Rights Practice invites articles for a special issue on "Where is the Evidence?" The issue will seek to highlight the methodologies and tools available for generating a solid base for human rights claims relating to civil-political and economic, social and cultural rights. It will also explore some of the challenges facing evidential paradigms - technical checklists and managerialism; de-politicization; insensitivity to context; different stakeholders' perspectives on effectiveness; and the legitimacy of evidence-based claims versus other forms of justification. The deadline for submissions is 31 March 2009. More

The organizers of a one-day conference on 14 May 2009 in York, United Kingdom invite abstracts on the ethical implications of the rise of testimony and testimonial human rights research. The conference coincides with the launch of the Journal of Human Rights Practice, hosted by the Centre for Applied Human Rights, University of York (UK), and Oxford University Press, in collaboration with Amnesty International, the Medical Foundation for the Care of Victims of Torture, and Panos. The deadline for abstracts is 31 March 2009. More

Three events occurred this week that will impact the future of Guantanamo detainees. The first occurred on Monday, when top officials in the Obama administration held the first meeting of the Guantanamo Detainee Review Task Force to review options for closing Guantanamo without compromising national security and foreign policy interests. Then, on Tuesday, a military judge accepted guilty pleas from five of the detainees, defying President Obama's executive order to halt military commission proceedings pending the task force's report and an executive decision on the next steps. Yesterday, in a filing in U.S. District Court in Washington, D.C., lawyers with the Obama administration abandoned the use of the term "enemy combatant" and advocated for a "new standard" to authorize indefinite detentions at Guantanamo. The Justice Department argued that the President may lawfully authorize the detention of individuals who "substantially supported" al-Qaeda, the Taliban, or perpetrators of the 9/11 attacks pursuant to statutory authority granted by Congress in 2001, as informed by the international laws of war. Civil rights advocates were unimpressed with the government's proclaimed higher legal standard, calling the wording "old wine in new bottles." These three events stem from the larger, unresolved problem: What legal options are on the table for the continued detention, prosecution, transfer, release, or other disposition of the detainees and future non-state actors who commit crimes against U.S. interests? More

The Global Internet Governance Academic Network (GigaNet) invites proposals for a one-day conference on internet governance on 11 May 2009 in Brussels, Belgium. Submissions may address: governance institutions and regimes; legal and technical regulations; and governance policy issues. The deadline to submit abstracts is 20 March 2009. More

The Society of International Economic Law invites expressions of interest from institutions willing to host its second biennial global conference in 2010. The first conference in 2009 attracted more than 250 people, representing more than thirty countries from all over the world. Proposals from interested institutions should by submitted by 15 March 2009. More

The National University of Singapore (NUS) and the Asian Society of International Law (AsianSIL) invite paper proposals for their upcoming conference "Sovereign Wealth Funds: Governance and Regulation." The conference will be held at the NUS Law School in Singapore from Wednesday to Friday, 9-11 September 2009. All conference papers will be published as "working papers" on the AsianSIL website. A select number of accepted papers will subsequently be considered for formal publication in a special section of the Singapore Year Book of International Law. Speakers' reasonable travel expenses may be covered. The deadline for proposals is 24 April 2009. More

The Robert F. Kennedy Center for Justice and Human Rights is now accepting nominations for its 2009 RFK Human Rights Award. Active grassroots human rights defenders in the U.S. and around the globe are eligible for the award, which includes a $30,000 prize and a long-term partnership with the professional staff and expert advisors of the RFK Center to achieve their social justice goals. Anyone can nominate a human rights defender. The deadline is 15 March 2009. More

The International Criminal Court will hold a press conference tomorrow at 12:45 GMT to announce its decision on the arrest warrant for Sudanese President Omar al-Bashir. ICC Prosecutor Luis Moreno-Ocampo told Al-Jazeera today that the arrest would not take place within Sudan and that "no one will try to arrest Mr. Bashir in Sudan." Notably, according to the head of UN peacekeeping operations in Sudan, the UN peacekeepers would not be authorized to arrest President al-Bashir, despite the fact the Darfur situation was referred to the ICC by the UN Security Council. The ICC Prosecutor asserts that there is "strong evidence" of genocide, crimes against humanity, and war crimes in Darfur since March 2003. The ICC will provide live online broadcasting of the al-Bashir arrest warrant press conference. More

The Special Tribunal for Lebanon began Sunday at the Hague in the Netherlands to try suspects responsible for the car bomb blast four years ago in Beirut that killed the former Lebanese Prime Minister Rafiq Hariri and 22 others. The international hybrid tribunal will apply domestic Lebanese criminal law, subject to two exceptions for permissible punishments. The maximum punishment will be life imprisonment rather than the death penalty or forced labor. The tribunal was established by the UN Security Council acting under its Chapter VII powers of the UN Charter at the request of the Lebanese government. It includes international and Lebanese judges and is expected to operate for three to five years. The prosecutor has 60 days to request a transfer of suspects from Lebanon. More

Yesterday, a federal appeals court in Washington, D.C. reversed a lower court ruling that would have immediately transferred and released into the United States 17 detainees who have been cleared of terrorism charges after seven years of detention at the Guantanamo military base. In Kiyemba v. Obama, the court asserted that the detainees have a right to release but that the court lacks the authority "to order an alien held overseas brought into the sovereign territory of a nation and released into the general population." More

Last Friday, on Capitol Hill in Washington, D.C., Philippe Kirsch, President of the International Criminal Court, and Judge Patricia Wald, former Judge of the International Criminal Tribunal for the former Yugoslavia, spoke on the future of the ICC and the upcoming review conference of the Rome Statute. The following provides a summary of what Mr. Kirsch said, a transcription of Judge Wald's speaking notes, a quick overview of the Q&A, and my brief commentary. More

The 2009 Annual Conference of the British Institute of International and Comparative Law will be held on Friday, 5 June 2009 in London. The theme of the conference is "Business and International Law." This Call for Papers is for new scholars to submit a proposal for a paper to be delivered at the conference. It is designed to encourage new academics, doctoral and masters students, and new legal professionals. The deadline is Monday, 16 March 2009. More

Mercedeh Momeni, an international law attorney and women's rights advocate, shared her thoughts on combating violence against women and the effect of international law at a luncheon attended by roughly 50 people. The luncheon was sponsored by the United Nations Association in Washington, D.C. and the Africa Interest Group of the Young Professionals for International Cooperation. Ms. Momeni previously served as Associate Legal Officer at the ad hoc UN International Criminal Tribunals for Rwanda and the former Yugoslavia. She also investigated the genocide in Darfur as a member of the Atrocities Documentation Team of the U.S. Department of State. More

The U.S. Department of State seeks to establish a funding mechanism under its auspices for a permanent "Civilian Response Corps," staffed by a core of federal employees and a reserve of civilian experts. These specialists would deploy to the world's hot spots of low-intensity armed conflicts and post-conflict situations to provide police, corrections, criminal justice, and rule of law functions. In theory, the State Department would harmonize the stabilization and reconstruction efforts of civilian and military actors across all agencies of the government. A 600-person pilot project, costing $55 million, is scheduled to be deployed to Afghanistan and Iraq by November 2009, with the hiring of police and justice experts now in progress. These civilians will be provided some training with the military, according to the coordinator of the project. He did not say whether contractors would be trained in the law of war, humanitarian law, and international human rights standards. Like the civilian contractors of private military and security companies, any nonmilitary justice and police contractors will be accountable to their contracts under U.S. law. Their accountability under U.S. criminal law, the domestic laws of the host state, and international law is far less clear. Yesterday, the U.S. Commission on Wartime Contracting in Iraq and Afghanistan held its first meeting to explore and possibly to recommend legislation to expand U.S. extraterritorial criminal jurisdiction over nonmilitary security contractors. More

On Thursday, at an event sponsored by the American Society of International Law, U.S. Ambassador at Large for War Crimes Issues Clint Williamson identified four ways that governments can marshal efforts and resources to prevent mass-scale atrocities. He intends these efforts to strengthen institutional capacity to prevent, detect, and respond to potential crises. Amb. Williamson previously served in the UN-administered province of Kosovo, overseeing the justice and prison systems, and as an ICTY prosecutor in the cases of Slobodan Milosevic and Zelijko Raznatovic. More

The Faculty of Law at Vytautas Magnus University invite abstracts for an international conference to be held in Lithuania on 22 May 2009. Presentations may be in Lithuanian, Russian, or English. The deadline for abstracts is 1 March 2009. More

The Journal of International Policy Solutions at the University of California, San Diego is accepting submissions for its Spring 2009 issue. Submissions must present and describe an international problem; provide solutions to the problem and/or make recommendations; discuss implementation strategy for the recommendations given; and describe a course of action, including effects and/or challenges to policy implementation. The deadline is February 29, 2009. More

Yesterday, U.S. Supreme Court Chief Justice John Roberts erred in delivering the constitutionally prescribed oath of office to President-elect Barack Obama. In an apparent effort to avoid public offense to the Chief Justice, Obama repeated the incorrect phrasing. The 35-word oath is the only sentence given in quotes in the U.S. Constitution. Just last week, a federal district court paved the way for the words "so help me God" to be added to the sentence (see my earlier blog). The ad hoc alteration and the permissible addition of words have legal scholars divided on whether the textual requirement of Article II, Section I of the U.S. Constitution is symbolic or legally significant. If symbolic, Obama became the 44th President of the United States yesterday upon his swearing-in at the Capitol, regardless of the actual content of the oath. If legally significant, Obama must deliver the oath again -- verbatim -- from the U.S. Constitution. Purple ticket holders for the swearing-in, many of whom were trapped in a highway tunnel during the inauguration, welcome a "do-over" ceremony, just in case the strictest constructionists and textualists are legally correct. More

The International Public Policy Review of University College London is currently inviting submissions of articles written in all areas of or relating to governance and public policy. The Review welcomes numerous forms of contributions including case study, results of research, a comparative survey, or a critical analysis and reflection on the topic. The deadline is 20 February 2009. More

Today in the United States, we honored the memory and life of civil rights leader Martin Luther King, Jr. In his iconic "I Have a Dream" speech in 1963, he said with respect to racial equality: "We refuse to believe that the bank of justice is bankrupt." Although he was referring to civil liberties, the phrase has a much broader application to the many facets of justice. Tomorrow, President-elect Barack Obama ascends to a new era of governance and to the challenge of restoring the United States as a great beacon light of democracy, freedom, equality, and justice. In order for this to become true, the new president must make good on his promises of increased accountability, transparency, and commitment to the rule of law both domestically and internationally. More

PolicyMatters, a public policy research journal at UC Berkeley’s Goldman School of Public Policy, invites submissions for its Spring 2009 issue. The deadline is 15 February 2009. More

Yesterday, U.S. District Judge Reggie Walton dismissed a constitutional challenge to the inclusion of religious references and prayer at Tuesday's inaugural ceremony on the basis that the plaintiffs failed to show "concrete and immediate" harm. Thus, he concluded that the plaintiffs lacked standing to request extraordinary injunctive relief. At issue in Newdow v. Roberts was whether the U.S. Supreme Court Chief Justice can administer the oath of office with the additional words "so help me God" and whether clergy can deliver an invocation and benediction with references to God. Although the court rejected the request for a preliminary injunction against the Chief Justice and the inaugural organizers, the court did not rule on a motion to dismiss. More

The 8th Global Conference on Environmental Justice and Global Citizenship is looking for papers that investigate and explicitly explore environmental ethics and sustainability. Abstracts are due by 6 February 2009. More

The European Society of International Law and American Society of International Law are co-hosting the 3rd Research Forum, "Changing Futures? Science and International Law," in Helsinki on 2-3 October 2009. International lawyers are invited to submit abstracts on relevant topics, such as data privacy, global health, climate change, nuclear nonproliferation, law of the sea, law of outer space, and genetic engineering. The deadline for abstracts is 15 February 2009. More

With the inauguration of U.S. President-elect Barack Obama one week away, here is a brief look at 7 major treaties that the United States has not ratified. These treaties have been awaiting the advice and consent of the Senate. They cover topics such as human rights, biodiversity, the protection of victims in armed conflicts, the law of the sea, and nuclear weapons testing. Vice President-elect Joseph R. Biden Jr. served as the chair of the committee responsible for review and consideration of international treaties, the Senate Foreign Relations Committee. Of the seven major treaties, Obama has previously stated that he supports ratification of three of them: the Comprehensive Nuclear Test-Ban Treaty, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Convention on the Law of the Sea. More

My article, "The Legal Implications of Nearshore Outsourcing to Mexico," won first place in the International Law Section of the California State Bar Second Annual Law Student Writing Competition! The article is intended for practitioners in international commercial and trade law and cross-border data transfers. The article examines the potential legal advantages and pitfalls of IT outsourcing under the domestic laws of the United States and Mexico, NAFTA, and international law. The article provides pragmatic recommendations with regards to contractual provisions, tax considerations, and remedies for nonperformance and data breach. More

The second edition of the Richmond Journal of Law and Technology 2008-2009 features two articles comparing U.S. and EU laws. My article on wireless broadband devices explores the impacts on U.S. consumers of recent FCC regulatory actions and compares consumer protections in the United States, Canada, and the European Union. The second article by William Hett, "Digital Currencies and the Rise of Terrorism," discusses the rise of terrorism in the wake of increasingly available digital currency. Looking to EU regulations for prepaid cash cards, Hett suggests that the United States should adopt similar cash limits in order to thwart money launderers and financiers of terrorism. More