Wednesday, April 26, 2006 

Graffiti and Free Speech

An interesting case is developing in New York where a number of young artists are challenging the constitutionality of a strict anti-graffiti law:



Seven young artists Tuesday sued New York City over its strict anti-graffiti law, saying it violated their constitutional right to free speech.

The group argued in federal court that the city went too far by banning people under 21 from possessing spray paint or broad-tipped markers.

Gabriel Taussig, a lawyer for the city, countered those arguments, saying the law "strikes a proper constitutional balance between the First Amendment rights (to free speech) and the need to control the long-standing plague of graffiti."

The law took effect at the start of the year. The city says its aggressive police tactics, which combat even minor vandalism to send a message that no law-breaking will be tolerated, have helped dramatically lower crime.

The suit names City Councilman Peter Vallone, who sponsored the anti-graffiti law, and Mayor Michael Bloomberg, saying they have "waged a personal war against graffiti art and graffiti artists, fueled by their personal, subjective distaste for the art form."


I think there is an argument that graffiti should be controlled through legislation – it’s a question of balancing property rights and the right to free expression. However I’m not sure whether the appropriate balance has been struck – banning under 21s from possessing spray paint or broad-tipped markers appears extreme and discriminatory. Why only under 21s? What was the rationale for choosing this age, and is that decision backed up by any empirical evidence that people under 21 are more prone to graffiti than older people?

Tuesday, April 25, 2006 

Nobody's Child?

A pre-operative male to female transsexual is starting a 10 month jail sentence in Wisconsin, but what section should she be in - male or female? She thinks female - what do you think?

Story: Wisconsin State Journal; Hat tip: Ann Althouse

Friday, April 21, 2006 

World Law Today


In what I hope will become a regular feature here, there follows some interesting though sometimes under-reported law news from the blogs.

* Conor Foley on free legal aid in post-conflict situations (Comment is Free)

* Alabama is asking the Supreme Court to reconsider its decision in Roper; the decision that deemed the execution of juvenile offenders unconstitutional (SCOTUSblog); also interesting is an op-ed by Alabama Supreme Court justice, Justice Parker (who has recused himself), criticising his colleagues for following this “bad precedent” (Birmingham News)

* President Arroyo (Phillipines) issued an Executive Order last year preventing government officials from being questioned in relation to accusations of her vote-rigging and election fraud. Unfortunately for her, the Phillipines’ Supreme Court declared the Order unconstitutional (The Manila Times)

* Pressure continues to mount on Pakistan to pardon Indian national Sarabjit Singh, sentenced to death by hanging for carrying out terrorist bombings in Lahore, Karachi and Faisalabad. His family continue to protest his innocence and now his sister is threatening immolation (self sacrifice, usually by burning) if he is executed. The Pakistan Law Minister isn’t moving on this though and in the grand scheme of things between India and Pakistan it’s not the greatest diplomatic incident. (The Panthic Weekly)

* Mauritius introduces a new firearms control law, which requires a police-issed certificate of competence to be held by anyone applying for a firearms licence. (African News Dimension)

* Malaysia proposes heavy legal sanctions for people who allow the sale of pirated CDs on their premises (New Straits Times)

 

HaloScan comments suck

There. I've said it. I hate them. They never read on either of the computers here. Sometimes they read on the computer in work, but rarely. I hate them with passion, especially since I'd love to read the comments on this post by Twenty. Please stop using them.

Sigh

Thursday, April 20, 2006 

Picnic Time for Teddy Bears

Tomorrow there's a little get together in Stephen's Green around noon for anyone who wants to come. Richard and I should be identifiable at the gates opposite the shopping centre from our respective pictures or the fact that we're already shouting at one another. If anyone is going to be late or any some such thing then pop me an email and I'll send my mobile number which I promise to remember to bring. Presumably it'll just be a different way to spend a lunchtime and I imagine we'll be there until half one or two (then some of us have to return to the pain of corrections) so don't worry about being late. If it's rainy or cold we can still meet at the gates opposite the shopping centre and decide on somewhere else to go, but hopefully that won't be the case. Latecomers can then ring.

 

Law Student Examination technique

According to Overheard in Law School



Okay, so the first part is multiple choice. This second part. Do we just do our normal law school bullshit analysis?

Writing Prof: It's like that joke, you know, two men are camping in the woods and a bear comes to the campsite... One guy puts on his shoes, the other guy asks "Why are you putting on your shoes? We have to run from the bear!" The guy with shoes says, "I don't have to run faster than the bear; I have to run faster than you!" So do better than the guy sitting next to you. Good luck! (link)

 

Can you get a job from blogging?

Tom is going to try. I don't understand his skill-set, which suggests it must be very good from a techie perspective, but from the Blog awards I can say he dresses very well, is handsome and can hold an audience.

I bet he has an offer within a fortnight

Wednesday, April 19, 2006 

Limerick You're a Lady - But Maybe No Longer a City?

Census trouble ahead? Yahoo reports

An exodus of rugby fans from Limerick in Ireland threatens its status as a city, and the European funding that goes with it, when a population census is taken Sunday.

Diarmuid Scully, mayor of Limerick in western Ireland, told Reuters as many as 20,000 fans could follow the regional team Munster to Dublin Sunday for the Heineken Cup semi-final against Leinster.

Many could stay on to celebrate -- or to drown their sorrows -- knocking Limerick's population of 54,000 below a crucial threshold of 50,000, he added.

"At the time April 23 was picked, it probably seemed like a quiet night," he told Reuters. "Unfortunately for Limerick people, quite a lot of us won't be at home that night. Quite a number would stay on to celebrate if it's a Munster victory."

Scully called on Limerick rugby fans to return home after the match.

"Should the population drop below 50,000, then Limerick wouldn't be considered a city anymore by European standards, and we'd actually lose out in terms of European funding," he added.

Scully said census rules allowed forms to be completed on the following Monday morning, and he called on census officials to be lenient.

"I'm asking for a flexible interpretation of the morning -- let morning stretch throughout the day," he said. "Let it stretch until midnight."

 

Pardons on Request for Violations of 'Jim Crow' Laws

But should they be? What do you think?

AP reports


The Alabama Legislature gave final approval to a bill that sets up a process to pardon civil rights icon Rosa Parks and hundreds of others arrested for violating segregation-era laws. The sponsor of the bill, Democratic Rep. Thad McClammy, said the legislation could lead to pardons for Parks, the Rev. Dr. Martin Luther King Jr. and hundreds of others convicted of violating laws aimed at keeping the races separate. McClammy said the arrests date back as far as the early 1900s.

The bill, named "The Rosa Parks Act" was amended in the Senate to allow museums such as The Rosa Parks Library and Museum in Montgomery to continue to display records of the arrests. Parks was arrested 50 years ago for refusing to give up her seat on a Montgomery city bus, an event that sparked the historic Montgomery bus boycott. "This would grant pardons on request to anyone convicted under the Jim Crow laws," McClammy said, referring to the name often used to refer to the segregation-era laws. The House voted 91-0 to approve Senate changes and pass the bill late Monday, about two hours before the 2006 regular session of the Legislature was scheduled to end. The legislation now goes to Gov. Bob Riley, who has not said if he plans to sign it.

Spokesman Jeff Emerson said Riley would review the bill and then decide. Some black lawmakers have questioned whether Parks and other civil rights figures should be pardoned when the laws they violated have been ruled unconstitutional. "Martin Luther King and the others were arrested with pride," said Rep. John Rogers.

Tuesday, April 18, 2006 

Easter Weekend Irish Blog Round-Up

Niall of Plain of Pillars has an excellent post here on the difficult relationship between the Green Party and the countryside; Twenty gets all artistic; Sinead is back; Maman Poulet voices what we all really think about Luigi Malone's, and Red Mum has an Easter Egg crisis

Thursday, April 13, 2006 

Tiger Trouble - Woods Apologises for 'Spaz' Remark

Watching the Masters golf Sunday night I was amazed to hear Tiger Woods say that he played fantastically well from tee to green but as soon as he got on the green he was "a spaz". I flinched when I heard it and was suprised that nobody had picked up on it, except they have. The BBC in particular are looking (here) at whether it's ever acceptable to use that term and considering the most derogatory terms referring to disability here. So what do we think? Tiger has apologised by the way.

 

Control Orders Breach Human Rights (UK)

Looks like the UK government just can't get that counter-terrorism stuff right. They'll appeal, of course, but even if it's deemed a violation of the Human Rights Act again it should be brought back into line relatively simply - just put in a facility for a meaningful, independent judicial review of the legality of control orders

Wednesday, April 12, 2006 

Gays in the Military: What's the US Army Afraid Of?


Via Raw Story comes this confirmation from the Pentagon that it spied on queer groups opposed to the Don't Ask Don't Tell policy of the military, which essentially provides that gays may join the military provided they don't tell anyone about the fact that they don't like boys/girls (delete as appropriate).

Now I've heard all the arguments about morale and discipline and so on that are forwarded for keeping queers out of the military and I'm about as convinced by them as any right minded person would have been when the same arguments were advanced to keep women and people of colour out of uniform as well. It's bigotry - plain and simple.

What I don't get is this though - the military can go head long into any conflict into which it is sent and confront and do terrible things, but they're afraid of a few queers? Can anyone work that out, because I certainly can't

On the other hand I'm not hugely opposed to keeping gays out of the military - anything that reduces the chances of people being killed or killing others is fine for me. In America, however, where signing up may be the only way for many out of poverty and a lack of education it really does appear to be a ridiculous and unjustifiable policy.

NB Picture available to buy here

 

Succour for Bush in Federal District Court

Thanks to Roger Alford I came across the details of the case of Junvenal Pineda (a.k.a Simon Trinidad), accussed of conspiracy to commit hostage taking, hostage taking, aiding and abetting and causing an act to be done, and material support of terrorists, i.e. FARC. Pineda claimed that he was entitled to the protections of the Geneva Conventions and the Federal District Court in Washington DC held, via Roger again,
• The Geneva Conventions only to apply to international armed conflicts between nations. Because FARC is not involved in an armed conflict with the United States, [Pineda] has not fallen into the power of the enemy within the meaning of the Convention.
• Even if this is deemed a real war for purposes of the Geneva Conventions, the defendant does not qualify as a prisoner of war because FARC members do not meet the definition of a lawful combatant. [Pineda] is not a member of a militia, does not have a fixed and distinctive sign, does not carry arms openly and does not conduct its operations in accordance with the laws of war.
• Terrorist activities targeting civilians violate the law of war and therefore even if [Pineda] were a lawful combatant, he would not qualify for combatant immunity because FARC is engaged in unlawful acts that violate the laws of war.
• The question of whether [Pineda] enjoys combatant immunity is a political question for the President, not the courts.
• The motion to suppress evidence should be denied where it is established that the defendant knowingly, voluntarily, and intelligently waived his Miranda rights.
This decision is important as it tends to suggest that the denial of Geneva Convention rights to detainees in the war on terror is legally justifiable. In addition, as Julian Ku points out on the same site, "Crucially, for this decision, however, the defendant ... does get the full panoply of U.S. constitutional law protections during his trial, which is different from what the enemy combatants ... in Guantanamo or elsewhere are getting".

An interesting decision to be sure, although actually obeying the Geneval conventions yourself has never actually been a prerequisite to being provided their protections.

As an aside Richard here makes the argument that I'm wrong in saying that compliance with then Conventions are not a pre-requisite for applicability of the Conventions. There's certainly disagreement on this point but I'm basing my opinion on the words of the President of the International Court of Justice, Rosalyn Higgins, available here, where she said:
The first point I'd make is I do believe it's quite clear that having the benefit of the Geneva Conventions has never depended upon the actor himself or itself complying with those rules, going beyond, as the Secretary put it, harming others through collateral damage but quite deliberately harming innocents. That has never been a ground and was deliberately never meant to be a ground for the Geneva Conventions not applying.

 

Go Green (?)

For the first time in my life I am seriously considering voting for the Green party. I find it both strangely disconcerting (I don't know why - perhaps I was brought up with a stereotype of greens as crazy ecowarriors with no sense of reality) but also very comforting. The more I read about their policies the more I feel they best fit my political outlook.

My traditional party of choice, the Labour Party, appear to currently excel at only one thing: mediocrity.

So yeah, I think I'm going Green... I mean, who can argue with this:
  • The impact of society on the environment should not be ecologically disruptive.
  • Conservation of resources is vital to a sustainable society.
  • All political, social and economic decisions should be taken at the lowest effective level.
  • Society should be guided by self-reliance and co-operation at all levels.
  • As caretakers of the Earth, we have the responsibility to pass it on in a fit and healthy state.
  • The need for world peace overrides national and commercial interests.
  • The poverty of two-thirds of the world's family demands a redistribution of the world's resources.

 

A New Age in Torture?

The UN Special Rapporteur on Torture has stated that torture continues in Uzbekistan, particularly against those who try to oppose the government there (Jurist report). You may recall that Craig Murray last year spoke of the UK's quasi-complicity in torture in Uzbekistan.

Something pretty momentous is starting to happen around the world in this respect - whereas previously torture was condemned as absolutely prohibited regardless of the circumstances now it appears to be becoming almost common place. The discourses of emergency and terrorism around the world allow low level national conflicts or disputes to be reclassified as terrorist activities and, as a result, allow governments to try to justify their behaviour in torturing and ill-treating detainees. People wonder why human rights defenders and advocates are so concerned with the rising prominance of security discourse - this is why. It's not only about what's happening now. It's about what international law and relations are going to look like when they harden again.

Update Richard writes here about how the example of Uzbekistan doesn't tend to bear out the conclusions I have about torture. First of all I don't intend it to - it's more the springboard from which a thought arose. By 'this is why' I think it's quite clear (or maybe not and if not then apols) that I was referring to the sentence "The discourses of emergency and terrorism around the world allow low level national conflicts or disputes to be reclassified as terrorist activities and, as a result, allow governments to try to justify their behaviour in torturing and ill-treating detainees." which doesn't refer to Uzbekistan but is rather a general statement that can be supported by, for example, the Balochistan and Waziristan conflicts in Pakistan and the Uighur conflict in China.

Secondly it's impossible to prove whether there's more torture in the world now than before 2001 but it does appear to be condoned more (implictly that is) than before (Uzbekistan, Pakistan, Saudi etc...).

One of the big problems for people concerned with what's going on in the world is that we can not be sure - none of us can be - of what the facts are and the scale of the facts because of the veil of secrecy that surrounds everything. That may be leading to people being over pessimistic and overestimating the amount of violatory behaviour or to people under over optimistic and underestimating it or to people being absoloutely right.

Obviously governments can't give out specific information - there are genuine security concerns to take into account - but generic information should be provided, e.g. 'there are detention centres in operation whose location have not yet been disclosed and there are ___ people in detention in these centres. ___ of them have been there for more than 12 months, ___ have been released, ___ have died in detention, ___ have suffered serious illness or injury' etc...

We can't have a democratic debate without the information - we can only think of the worst case scenario and try to prepare for it. Now there are significant indications that the US is carrying out torture and condoning/commissioning torture from other states so we have to theorise about what that means for the future if it's true. There's no point in waking up in 15 years having given them the benefit of the doubt and realising international law has changed to favour states and prejudice the individual without our being alert to it and trying to shape it. It's our job as the boring people who sit in rooms and write articles and books about international law and try not to drown in a pool of despair at how difficult legitimacy and rights and balance are in a unipolar world.

Monday, April 10, 2006 

That's So Me

In law school I was a complete Lucy.

Not sure much has changed actually...

 

Recommend an Innovative Blog

I just love this bitesize bullets feature that Master Pagano does every week. In fact I think his blog is one of the most innovative on the Irish blog scene. I never seem to be able to think of anything innovative and interesting to do with mine, especially at the moment when real life work is taking over my life.

Still, I love to read blogs like JL's though I don't manage to come across too many of them. Does anyone have any recommendations?

Sunday, April 09, 2006 

Condistas Every One? Condoleeza Rice's Broad Appeal


Richard has this piece about Condoleeza Rice today, which focuses largely on her music. I'm interested in the end of Richard's piece though where he writes "If only she wasn't pro-choice she'd be beyond reproach". This is something a lot of people forget about Rice - she was a democrat until 1982 and changed to the Republican Party because she didn't agree with Jimmy Carter's foreign policy. In fact by all accounts she is a democrat on most issues (by which I mean she holds views that most people would identify as typically democrat views); foreign policy is her sticking point with the Dems.

One thing that struck me when speaking with politics-types in Washington (of which there are, unsurprisingly, a great number) was that many people felt that they could live with Condi as president - particularly democrats. Most felt Hilary would get the nomination and that Condi wouldn't run (both predictions are probably right I feel) but were not worried by a Condi v. Hilary race, feeling that on balance either would be good. Perhaps she's the kind of unifying president America needs?

(Whether she'd be good for the world at large is a completely different question, of course... She gets major kudos for her development of the notion of transformative diplomacy though).

Update Today's London Independent has an interesting piece contemplating the PR-machine behind Condi and what it's all for.

 

UN Disappointed with USA Decision on Human Rights Council

The USA has decided not to run for a seat on the new Human Rights Council of the United Nations this year. John Bolton was quoted in Friday's New York Times as saying "I believe rather strongly that our leverage in terms of the performance of the new council is greater by the U.S. not running and sending the signal 'this is not business as usual' this year than if we were to run."

The United Nations has now expressed disappointment at this decision, although it should be said that this doesn't appear to be isolationism or rejection on the scale seen in America's reaction to the International Criminal Court.

It nevertheless doesn't fill one with confidence in the capacity of the Council to participate effectively as the international human rights discourse moves into implementation - simple normative discourses clearly haven't worked.

 

Cashing in on Judas (?)

Steven Bainbridge has an interesting though short piece here on why the National Geographic is hyping the Gospel of Judas to such an extent. Cashing in? Quite possibly (Bainbridge reflects on how the da Vinci code opening date continues to draw closer).

On a slightly related note, could the Gospel of Judas be used to argue that Jesus was in favour of assisted suicide? ;) Wouldn't that be fun??

 

Irish Men Breaking Hearts

Darren Clarke and Padraig Harrington that is, particularly Padraig... 3 over on the third round. Why oh why?

BTW I'm talking about the golf here!! Follow the scores live on the Masters website!

 

Libyan Involvement in IRA Bombings to be Tested in US Court

The BBC reports that victims of ten IRA bombings are planning to sue Libya and Colonel Gaddafi for involvement, claiming that they supplied explosives for bomb attacks.

I need to know more about this to be able to comment really but I don't understand how they're going to get around the Head of State immunity issue while he's still head of state. Interesting though - what do people think?

Hat tip to Chris Borgen over on Opinio Juris

Update The new North Report has picked up on this. Also Chris explains how this might work in the comments to the Opinio Juris post linked above.

Thursday, April 06, 2006 

ISIL Discussion Group on Rendition

For anyone interested in international law and international legal theory (incl. international relations buffs) the Irish Society of International Law is having a discussion group on rendition next Wednesday evening. Details below. If interested contact secretary[at]isil.ie to be put on the list.

I think it might be about 10 Euro for non-members, though membership (which is cheap) should be available on the night.
I would like to cordially invite you to a discussion group on on the topic of 'Extraordinary Rendition in International Law’ on the 12th April at 7pm in the Institute for International Integration Studies in Trinity College Dublin. The Seminar will be led by a short paper to be delivered by Dr. Gernot Biehler of Trinity College to be followed by a discussion on the issue.

Wednesday, April 05, 2006 

Masters Golf

Does anyone know whether RTE or BBC have rights to the Masters golf or do you have to have fancy foreign tv to watch it??

 

I am not alone

This makes me feel a whole lot better. (But she's still not going to run in 2008)

 

Busy Busy Busy

Since returning from Washington I've been overwhelmingly busy and will continue as such for a few days yet so there won't be any regular postings here. I still have to answer Mark Humphrys and get into commander in chief stuff with Richard (btw I genuinely don't know anything about US constitutional law - that's why i'm going over to study there for a semester in the Autumn!), but first I have to read for a meeting with UN High Commissioner Louise Arbour in the morning. Richard and I are also finding a time that suits us both to meet for lunch with a view to making it some kind of bloggers' coffee/lunch thing. I think I shall have to insist on nibbles in the Green if the weather continues like this. We're thinking end of April if people are interested.

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