Author Archives: Ryan Scoville

Questions From the Awlaki Litigation

In August 2010, the father of Anwar al-Awlaki filed a federal lawsuit alleging that his son’s inclusion on CIA and DoD “kill lists” violated the Constitution and international law. The court dismissed the suit for lack of standing and for … Continue reading

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The Self-Defense Argument for Intervention in Syria

News media are reporting today that the strife in Syria has, for the first time, spilled across international borders, with Syrian government forces firing into Turkey last night, killing two people and injuring three others, and also firing into Lebanon. The New … Continue reading

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In Praise of Flip-Floppers (Part III)

In my last two posts (here and here) I scrutinized the tendency for voters, the media, and politicians to use flip-flopper critiques indiscriminately. Common usage is indiscriminate in part because it seems to accept without question that position changes by candidates … Continue reading

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In Praise of Flip-Floppers (Part II)

In my last post I scrutinized the tendency for contemporary political discourse to use the pejorative term “flip-flop” to refer to virtually any change of position by a candidate for public office. I argued that this usage uncritically discounts the possibility … Continue reading

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In Praise of Flip-Floppers

Consider the flip-flopper critique, one of the more common tools of attack in contemporary politics. Ron Paul has used it against Newt Gingrich. Many have used it against Mitt Romney. Some call President Obama the “flip-flopper-in-chief”; others speak similarly of … Continue reading

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A Second Look at the Sharia Law Amendment

Last week, the Tenth Circuit issued a decision on Oklahoma’s “Sharia Law Amendment.” A quick summary for those who haven’t followed: In 2010, Oklahoma voters approved a ballot initiative that amended their state’s constitution to prohibit Oklahoma courts from “considering or using” … Continue reading

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Would it be Illegal for Iran to Close the Strait of Hormuz?

In response to international economic and diplomatic pressure to halt its nuclear program, Iran is reportedly contemplating closing the Strait of Hormuz, a narrow and critically important waterway through which approximately a third of global sea-based oil shipments pass each … Continue reading

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Some Thoughts on Kiobel

A few weeks ago I wrote a post providing a brief background on Kiobel v. Royal Dutch Petroleum Co., the case in which the Supreme Court will likely decide whether the Alien Tort Statute confers federal jurisdiction over claims alleging corporate … Continue reading

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Federal Jurisdiction Over Claims of Corporate Liability Under International Law

The Alien Tort Statute (“ATS”) creates federal jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” Although enacted as part of the … Continue reading

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The Libya Intervention: Legality and Lessons (Part III)

In my last two posts (here and here), I discussed some of the legal and practical issues raised by the U.S. intervention in Libya, including the issue of whether the Obama Administration violated the War Powers Resolution by declining to seek … Continue reading

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