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Paper of the Day: Toward Nakba as a Legal Concept
The paper of the day is Toward Nakba as a Legal Concept, by Harvard SJD student Rabea Eghbariah, which has just been published—at least I think it has. Eghbariah’s article has had a long history of getting to press. In November 2023, the board of the Harvard Law Review decided against publishing the post in……
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The ICC Prosecutor’s Request for Warrants
Okay, I suppose I ought to comment on the decision of the ICC’s prosecutor, Karim Khan, to seek arrest warrants for the leaders of Hamas as well as for Israeli prime minister Netanyahu and defense minister Gallant. I begin as always with my disclaimer: I am not an expert in the relevant law! First, it’s……
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The Boston City Council Gets It Wrong On Gaza
I’ve lived in the City of Boston for more than twenty years. I love Boston. I do not always love Boston’s City Council. That’s especially true today. Councilor Tania Fernandes Anderson, whose prior antisemitic comments I am not going to detail here, offered a really unfortunate resolution on the Gaza war, and the City Council,……
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The Scholars’ Choice
The opinions of legal scholars are not that important to the day-to-day work of most American lawyers and judges. In 2007, Judge Jacobs told a crowd of law professors, “I haven’t opened up a law review in years. No one speaks of them. No one relies on them.” And in 2011, Chief Justice Roberts said:……
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Case of the Day: Defense for Children International v. Biden
The case of the day is Defense for Children International—Palestine v. Biden (N.D. Cal. 2024). Something I’ve seen very often in courtrooms, and read in a lot of decisions, is a tendency for many judges, when they are about to rule against a party, to express a lot of sympathy for the equities on the……