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They Did Authorize Torture, But..., David Cole
They Did Authorize Torture, But..., David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
Opting Out Of The Law Of War: Comments On 'Withdrawing From International Custom', David Luban
Opting Out Of The Law Of War: Comments On 'Withdrawing From International Custom', David Luban
Georgetown Law Faculty Publications and Other Works
This paper is a response to Curtis A. Bradley & Mitu Gulati, Withdrawing from International Custom, 120 Yale LJ 202 (2010), which argues against the "Mandatory View" (according to which states are bound by customary international law with no possibility of opting out), and in favor of a "Default View" which permits states to opt out of international custom unilaterally. My response offers the following arguments: (1) Currently, the most significant contested issue about customary international law in U.S. discourse concerns the laws of war -- a topic that Bradley and Gulati treat only briefly and incidentally. Their proposal would …
The Sacrificial Yoo: Accounting For Torture In The Opr Report, David Cole
The Sacrificial Yoo: Accounting For Torture In The Opr Report, David Cole
Georgetown Law Faculty Publications and Other Works
When the Justice Department finally released the report of its Office of Professional Responsibility on the “torture memos,” recommending that the initial torture memo’s authors, John Yoo and Jay Bybee, be referred for bar discipline, John Yoo declared victory in op-eds in the Wall Street Journal and Philadelphia Inquirer. The report itself concluded that Yoo and Bybee had acted unethically, and quoted many of Yoo’s successors in office as condemning the memos as, among other things “slovenly,” “riddled with error,” and “insane.” But Yoo claimed victory because Associate Deputy Attorney General David Margolis vetoed its recommendation that he be referred …