Overlawyered » international human rights http://overlawyered.com Chronicling the high cost of our legal system Thu, 24 Apr 2014 18:39:26 +0000 en-US hourly 1 http://wordpress.org/?v=3.8.1 A “Stand Your Ground” backgrounder http://overlawyered.com/2014/03/stand-ground-backgrounder/?utm_source=rss&utm_medium=rss&utm_campaign=stand-ground-backgrounder http://overlawyered.com/2014/03/stand-ground-backgrounder/#comments Fri, 21 Mar 2014 12:22:02 +0000 http://overlawyered.com/?p=44596 Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum]. In other news, a United Nations panel in Geneva […]

A “Stand Your Ground” backgrounder is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
Decent articles on Stand Your Ground in the general press are relatively few, being far outnumbered by those that are sensationalist, axe-grinding or simply uninformed. So it’s nice to be able to recommend this one by Peter Jamison in the Tampa Bay Times [via Jacob Sullum].

In other news, a United Nations panel in Geneva monitoring compliance with international human rights law has questioned a wide range of United States domestic policies, including some states’ adoption of Stand Your Ground as well as lack of gun control and other offenses. “The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992.” Another reminder that treaties have consequences, and that ratification of other purported human rights treaties, such as the Convention on the Rights of Persons With Disabilities (CRPD), would not be without public consequences relating to many domestic policies. [Guardian]

Tags: , , ,

A “Stand Your Ground” backgrounder is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/03/stand-ground-backgrounder/feed/ 2
Tales of NYC tenant-security law http://overlawyered.com/2014/03/tales-nyc-tenant-security-law/?utm_source=rss&utm_medium=rss&utm_campaign=tales-nyc-tenant-security-law http://overlawyered.com/2014/03/tales-nyc-tenant-security-law/#comments Mon, 03 Mar 2014 11:15:29 +0000 http://overlawyered.com/?p=44300 Although we call it “rent control,” the key thing it controls is often not so much what you can charge for a lodging as whether you can ever reclaim it. This recluse successfully held out for $17 million to relinquish his moldy, squalid rented lodging at what is now 15 Central Park West. [New York […]

Tales of NYC tenant-security law is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
Although we call it “rent control,” the key thing it controls is often not so much what you can charge for a lodging as whether you can ever reclaim it. This recluse successfully held out for $17 million to relinquish his moldy, squalid rented lodging at what is now 15 Central Park West. [New York Post]

P.S. But at least the U.N. likes the idea. While on the subject of legal insanity in NYC real estate: Andrew Rice, New York mag, “Why Run a Slum If You Can Make More Money Housing the Homeless?” I wrote about the epic New York City homeless-rights litigation in Schools for Misrule, and more links are here.

Tags: , , ,

Tales of NYC tenant-security law is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/03/tales-nyc-tenant-security-law/feed/ 1
Supreme Court on civil procedure: calm and unanimous http://overlawyered.com/2014/01/supreme-court-civil-procedure-calm-unanimous/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-civil-procedure-calm-unanimous http://overlawyered.com/2014/01/supreme-court-civil-procedure-calm-unanimous/#comments Tue, 14 Jan 2014 18:18:06 +0000 http://overlawyered.com/?p=43463 One (Hood v. AU Optronics) went for plaintiffs, the other (Daimler AG v. Bauman) for defendants, but both were unanimous, in another indication that the work of the Justices rises well above the silly caricature offered by critics like Sen. Elizabeth Warren (“wholly owned subsidiary of Big Business,” etc.) I explain at Cato at Liberty. […]

Supreme Court on civil procedure: calm and unanimous is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
One (Hood v. AU Optronics) went for plaintiffs, the other (Daimler AG v. Bauman) for defendants, but both were unanimous, in another indication that the work of the Justices rises well above the silly caricature offered by critics like Sen. Elizabeth Warren (“wholly owned subsidiary of Big Business,” etc.) I explain at Cato at Liberty. While Justice Sotomayor in a separate concurrence took a different approach to the problems of general jurisdiction, it arrived at the same place with respect to the unreasonableness of suing Daimler in California over faraway conduct.

For more on the Warren outburst, see Ramesh Ponnuru last September. Earlier links on the AU Optronics case here and here. Similarly: Josh Blackman.

More: While concurring in the result of Daimler v. Bauman, Justice Sotomayor sharply differed on the reasoning, which resulted in some unusually strong language directed at her from Justice Ginsburg writing for the other eight Justices [Blackman] Eugene Volokh considers the foreign-law angle. (& welcome Amy Howe/SCOTUSBlog readers)

Tags: , ,

Supreme Court on civil procedure: calm and unanimous is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/01/supreme-court-civil-procedure-calm-unanimous/feed/ 1
The march of international human rights http://overlawyered.com/2014/01/march-international-human-rights/?utm_source=rss&utm_medium=rss&utm_campaign=march-international-human-rights http://overlawyered.com/2014/01/march-international-human-rights/#comments Wed, 08 Jan 2014 04:20:45 +0000 http://overlawyered.com/?p=43344 London real estate values have soared, and a furor has broken out on the Left over one large landlord’s announcement that it no longer welcomes government-assisted tenants (related story on U.S. Section 8). According to at least one professor of law, international human rights treaties require the United Kingdom to take affordable housing steps [Aoife […]

The march of international human rights is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
London real estate values have soared, and a furor has broken out on the Left over one large landlord’s announcement that it no longer welcomes government-assisted tenants (related story on U.S. Section 8). According to at least one professor of law, international human rights treaties require the United Kingdom to take affordable housing steps [Aoife Nolan, HuffPo U.K.] Good to be aware of these things before we start ratifying any more of them…

Tags: , ,

The march of international human rights is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
http://overlawyered.com/2014/01/march-international-human-rights/feed/ 1
International law roundup http://overlawyered.com/2014/01/international-law-roundup-11/?utm_source=rss&utm_medium=rss&utm_campaign=international-law-roundup-11 http://overlawyered.com/2014/01/international-law-roundup-11/#comments Mon, 06 Jan 2014 04:05:47 +0000 http://overlawyered.com/?p=43291 Ball is rolling as Thernstrom, Kirsanow depart CRC: “U.S. National Human Rights Institution: A Bad Idea” [Steven Groves, Heritage] UN Women National Committees in US and 16 other countries advocate domestic policy change, just in case domestic pressure groups aren’t vocal enough; In big pickup for opponents of CRPD, the disabled-rights convention, Sen. Corker of […]

International law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

]]>
  • Ball is rolling as Thernstrom, Kirsanow depart CRC: “U.S. National Human Rights Institution: A Bad Idea” [Steven Groves, Heritage] UN Women National Committees in US and 16 other countries advocate domestic policy change, just in case domestic pressure groups aren’t vocal enough;
  • In big pickup for opponents of CRPD, the disabled-rights convention, Sen. Corker of Tennessee says he’ll oppose ratification [Josh Rogin, Daily Beast; timeline from pro-convention site; Betsy Woodruff, NRO; earlier here, etc.] Related: AMVETS pulls support.
  • “Corporate war crimes begin” [James Stewart, Opinio Juris]
  • “US to oppose UN climate ‘reparations’ proposal” [Michael Bastasch, Daily Caller]
  • “What if Everyone Thought Congress Could Expand its Powers in Implementing Treaties?” [Duncan Hollis, Opinio Juris; earlier on Bond v. U.S. and Missouri v. Holland]
  • “Kiobel Surprise: Unexpected by Scholars But Consistent with International Trends” [Eugene Kontorovich]
  • U.N. agency upset that Uruguay has legalized marijuana [Jess Remington, Reason]
  • Tags: , ,

    International law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2014/01/international-law-roundup-11/feed/ 0
    Bad global trends the U.S. is lucky not to be joining, part umpteen http://overlawyered.com/2013/12/bad-global-trends-u-s-lucky-joining-part-umpteen/?utm_source=rss&utm_medium=rss&utm_campaign=bad-global-trends-u-s-lucky-joining-part-umpteen http://overlawyered.com/2013/12/bad-global-trends-u-s-lucky-joining-part-umpteen/#comments Fri, 06 Dec 2013 13:44:41 +0000 http://overlawyered.com/?p=42797 Gender governance quotas [Darren Rosenblum, Prawfs] Tweet Tags: corporate governance, international human rights, sex discrimination

    Bad global trends the U.S. is lucky not to be joining, part umpteen is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    Gender governance quotas [Darren Rosenblum, Prawfs]

    Tags: , ,

    Bad global trends the U.S. is lucky not to be joining, part umpteen is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/12/bad-global-trends-u-s-lucky-joining-part-umpteen/feed/ 0
    International human rights roundup http://overlawyered.com/2013/11/international-human-rights-roundup-2/?utm_source=rss&utm_medium=rss&utm_campaign=international-human-rights-roundup-2 http://overlawyered.com/2013/11/international-human-rights-roundup-2/#comments Fri, 01 Nov 2013 04:05:25 +0000 http://overlawyered.com/?p=42218 U.N. Convention on the Rights of Persons with Disabilities remains a bad, bad, bad, idea, but Senate Foreign Relations Committee has now scheduled hearings for Nov. 5 and Nov. 12 in effort to push it through; Proliferation of human rights treaties not necessarily good for, well, human rights [Jacob Mchangana et al. via Sullivan "Dish"; […]

    International human rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • U.N. Convention on the Rights of Persons with Disabilities remains a bad, bad, bad, idea, but Senate Foreign Relations Committee has now scheduled hearings for Nov. 5 and Nov. 12 in effort to push it through;
  • Proliferation of human rights treaties not necessarily good for, well, human rights [Jacob Mchangana et al. via Sullivan "Dish"; cf. David Kopel, NYT "Room for Debate" last year]
  • Claim: Urban planning schemes are a human right [Wikipedia on "Right to the City"] U.N. Special Rapporteur calls for legally enforceable international right to food [UN]
  • CRPD cited in Spain by group campaigning against “disability-selective abortion” [Pablo de Lora, Harvard "Bill of Health"]
  • Some forms of national sovereignty OK after all? Declaration on the Rights of Indigenous Peoples (DRIP) cited in Indian tribal claims [Kevin Zeese and Margaret Flowers, Truthout] “Lakota to file UN Genocide Charges Against US, South Dakota” [Jeff Armstrong, CounterPunch]
  • “N.Y. state appeals ruling opens courthouse door to foreign victims” [Alison Frankel] First post-Kiobel ATS case smacks down plaintiffs on South Africa claims [Julian Ku/Opinio Juris, Fed Soc Blog]
  • Panel from Cato’s Constitution Day includes Kenneth Anderson discussing his excellent article on Kiobel in the Cato Supreme Court Review; also includes presentations by Ilya Somin on property rights and Andrew Grossman on City of Arlington, with Roger Pilon moderating [Cato video, podcast]
  • Tags: , , , , ,

    International human rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/11/international-human-rights-roundup-2/feed/ 0
    Just to be maximally unhelpful http://overlawyered.com/2013/09/just-maximally-unhelpful/?utm_source=rss&utm_medium=rss&utm_campaign=just-maximally-unhelpful http://overlawyered.com/2013/09/just-maximally-unhelpful/#comments Thu, 12 Sep 2013 11:07:02 +0000 http://overlawyered.com/?p=41385 The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, who is also a University of Arizona law professor, weighs in on the tribal side in Baby Veronica case [Office of the High Commissioner for Human Rights, United Nations, earlier] Last year we discussed Mr. Anaya’s scolding of the U.S. government on […]

    Just to be maximally unhelpful is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    The United Nations Special Rapporteur on the rights of indigenous peoples, James Anaya, who is also a University of Arizona law professor, weighs in on the tribal side in Baby Veronica case [Office of the High Commissioner for Human Rights, United Nations, earlier] Last year we discussed Mr. Anaya’s scolding of the U.S. government on Indian land claim issues. Just last week another official in the U.N. human rights apparatus upbraided the United States for hesitating to expose acquitted George Zimmerman to double jeopardy in the Trayvon Martin shooting.

    Tags: , ,

    Just to be maximally unhelpful is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/09/just-maximally-unhelpful/feed/ 0
    Because there’s no legal story so depressing that it can’t get worse http://overlawyered.com/2013/09/theres-legal-story-depressing-cant-get-worse/?utm_source=rss&utm_medium=rss&utm_campaign=theres-legal-story-depressing-cant-get-worse http://overlawyered.com/2013/09/theres-legal-story-depressing-cant-get-worse/#comments Fri, 06 Sep 2013 23:51:13 +0000 http://overlawyered.com/?p=41341 United Nations “human rights expert” suggests that compliance with international human rights norms may require casting about for some way to re-prosecute George Zimmerman since the first prosecution didn’t come out as some hoped. [Volokh] As Hans Bader points out, Article 14, Section 7 of the International Covenant on Civil and Political Rights forbids, as […]

    Because there’s no legal story so depressing that it can’t get worse is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    United Nations “human rights expert” suggests that compliance with international human rights norms may require casting about for some way to re-prosecute George Zimmerman since the first prosecution didn’t come out as some hoped. [Volokh] As Hans Bader points out, Article 14, Section 7 of the International Covenant on Civil and Political Rights forbids, as opposed to requiring, the exposure of defendants to double jeopardy.

    Tags: , , ,

    Because there’s no legal story so depressing that it can’t get worse is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/09/theres-legal-story-depressing-cant-get-worse/feed/ 2
    International human rights roundup http://overlawyered.com/2013/08/international-human-rights/?utm_source=rss&utm_medium=rss&utm_campaign=international-human-rights http://overlawyered.com/2013/08/international-human-rights/#comments Tue, 20 Aug 2013 04:05:19 +0000 http://overlawyered.com/?p=34498 Disabilities treaty might hit Senate floor soon; Sen. Hatch opposes [The Hill, Hatch, Heritage; earlier here, here, etc.] Right to expropriate trumps right to privacy? Georgetown lawprof claims Swiss bank confidentiality violates human rights [Stephen Cohen, SSRN via TaxProf] No thanks, we like our First Amendment: curbs on internet “hate speech” top agenda of UN […]

    International human rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
  • Disabilities treaty might hit Senate floor soon; Sen. Hatch opposes [The Hill, Hatch, Heritage; earlier here, here, etc.]
  • Right to expropriate trumps right to privacy? Georgetown lawprof claims Swiss bank confidentiality violates human rights [Stephen Cohen, SSRN via TaxProf]
  • No thanks, we like our First Amendment: curbs on internet “hate speech” top agenda of UN committee;
  • You know those unsound “no recognition of foreign law” bills popular in some state legislatures? Among their unintended effects could be to interfere with recognition of some international adoptions [Jefferson City, Mo. News Tribune, earlier] Court strikes down Oklahoma sharia ban [NPR]
  • Two views of the U.N. Small Arms Treaty, which President Obama is due to sign any day now [Bob Barr/Washington Times, St. Louis Post-Dispatch (editorial dismisses issue as mere "scarelore")]
  • Conservatives for looser asylum laws? About the German homeschooler case [Ann Althouse]
  • Claim: international law forbids complicity in the death penalty [Bharat Malkani, OJ] Hans Bader on European court’s invalidation of “whole-life” sentences [CEI "Open Market"]
  • “The War of Law: How New International Law Undermines Democratic Sovereignty” [Jon Kyl, Douglas J. Feith, and John Fonte, Foreign Affairs; Peter Spiro, OJ; related ForeignPolicy.com interview with Kenneth Anderson and Brett Schaefer]
  • Tags: , , , , , , , ,

    International human rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system

    ]]>
    http://overlawyered.com/2013/08/international-human-rights/feed/ 2