Monthly Archives: October 2003

US Jurisdiction in Guantanamo — Some Complexities

Earlier, I had what seemed like a great idea:

Personally, I would be prepared to read the words “the United States shall exercise complete jurisdiction and control” language of the treaty as invoking the powers of all three branches of government, not just the executive. In this view, under Art. VI of the Constitution (“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”), the treaty would supply the jurisdiction for the federal courts that they seem to believe they lack under Article III.

On reflection, this isn't quite as great an idea as it seemed. Or, maybe it is, but it isn't as simple to get there as I would like.

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Posted in Guantanamo, Law: International Law | 6 Comments

The AALS Meat Market Intrudes on Domestic Tranquility

I'm a single parent for the next few days, as Caroline is in DC for the annual hiring meeting of the AALS which begins tomorrow. Blogging may be light as a result. Caroline is the Chair of the law school's appointments committee, which is a brutally hard job, but one she does well. Some of our colleagues have joked that Caroline should be Appointments Chair for life, but I don't know that she or I could take that.

Every year Miami and every other law school gets over a thousand forms provided by the AALS's central clearing service. Each contains a one-page summary of the c.v. and the teaching interests of a person who'd like to become a law teacher. In our school, the chair is the only committee member who has to look at them all; the other committee members get a chunk each, although they're invited to look at more if they wish. Then those thousand-plus forms must be culled. To the extent they can, the committee members call references, and read writings, of the applicants whose forms pique their interests. Then they debate.

Some years we have only one opening, or none. This year, as it happens, we have several openings, and also some fairly specific subject-oriented needs, so the committee is interviewing in two parallel teams. Even so, that means winnowing down the 1000+ hopefuls to about 50 persons who'll be seen at the, excuse the term, “meat market,” for about 30 minutes each. From that group, the committee will have to select a small number to invite to fly down here and spend a day being interviewed, presenting a paper, and having dinner with a semi-random group of faculty. It's a very intense process for the interviewee, and fairly high stakes for the faculty since people tend to get tenure here. (That would be because we make such good initial choices, of course.) The initial hiring decision thus risks being the start of a lifetime relationship, and the faculty takes it very, very, very seriously.

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Posted in Law School, Personal | 1 Comment

Why The Anti-Spam Law is a Joke

Pro-Spam “Anti-Spam” Law (found via Electrolite).

Nathan Newman has identified one of the key problems with the Senate's much touted anti-spam law, so I don't have to…

Posted in Law: Internet Law | 1 Comment

Patrick Gudridge on the Schiavo Case

The New York Times quotes my colleague Patrick Gudridge's charateristic appraisal of the Florida legislature's hasty action in the Schiavo case. See In Florida Right-to-Die Case, Legislation Puts the Constitution at Issue. I especially like the comment that “It's beautifully badly drafted.”

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Even If US Courts Don’t Have Jurisdiction Over Guantanamo, There Is No Recourse to Cuban Courts

In response to my most recent item on Guantánamo Edward Hasbrouck asks this reasonable question: “if courts in the USA say Guantanamo isn't under their jurisdiction, doesn't that mean they would have to recognize Cuban jurisdiction?”

The answer to this question is unusually clear: No.

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Posted in Guantanamo, Law: International Law | 5 Comments

I Need User-Friendly Collaborative Drafting Software

The faculty is getting set to produce, G*d help us, a mission statement. The chance that this will be a pointless waste of time is high, much higher than a Retreat. But the downside is also bounded; the odds that anyone will get mad about this seem low. Unfortunately, we can't simply decide not to do it, as the central administration hath sent out a decree unto all parts of the University, yea even unto the most autonomous of Schools, that There Shall Be Mission Statements. And so there shall be.

So I thought I should try to make lemonade from this lemon. Why not use this as an excuse to introduce the faculty to the wonders of collaborative drafting software?

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Posted in Software | 2 Comments