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The Constitution and the health care debate

Many Americans share a deep reverence of the Constitution — perhaps to the country’s detriment. While we have learned from the Founders and Framers, they didn’t issue commandments. They left room for interpretation, change, and even some disobedience. Louis Michael Seidman, author of On Constitutional Disobedience, spoke to us about how this eighteenth century document is influencing our modern debate on health care and his controversial take on how to bring American laws up to date.

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Medical Law: A Very, Very, Very, Very Short Introduction

By Charles Foster
By the standards of most books, the Very Short Introduction to Medical law is indeed very short: 35,000 or so words. As every writer of a VSI knows, it is hard to compress your subject into such a tiny box. But I wonder if I could have been much, much shorter. 88 words, in fact.

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American copyright in the digital age

In 2010, Aaron Swartz, a 26-year-old computer programmer and founder of Reddit, downloaded thousands of scholarly articles from the online journal archive JSTOR. He had legal access to the database through his research fellowship at Harvard University; he also, however, had a history of dramatic activism against pay-for-content online services, having previously downloaded and released roughly 100,000,000 documents from the PACER database.

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Cyber attacks: electric shock

By Alfred Rolington
Cyber attacks on Iran have been well publicised in the press and on Western television. General William Shelton, a top American cyber general, has now turned these attacks around saying that these events are giving Iran a strategic and tactical cyber advantage creating a very serious “force to be reckoned with.”

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What does the future hold for international arbitration?

How can we outline the discussion on the law and practice of international arbitration? What is the legal process like from the drafting of the arbitration agreements to the enforcement of arbitral awards? Long-time international arbitrators Constantine Partasides, Alan Redfern, and Martin Hunters — co-authors of Redfern and Hunter on International Arbitration: Fifth Edition with Nigel Blackaby — sat down with the OUPblog to discuss the latest developments in their field.

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The five stages of climate change acceptance

By Andrew T. Guzman
A few days ago, the President of the United States used the State of the Union address to call for action on climate change. The easy way to do so would have been to call on Congress to take action. Had President Obama framed his remarks in this way, he would have given a nod to those concerned about climate change, but nothing would happen because there is virtually no chance of Congressional action.

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Public International Law Quiz

In the last fifty years, public international law has undergone a radical transformation, moving from a discipline which ‘the great majority of lawyers of all states [knew] little or nothing’ about (Oppenheim) to the fastest growing legal discipline. To celebrate the recent update to the Max Planck Encyclopedia of International Law, we present this quiz.

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Collective redress – another false dawn?

By Professor John Sorabji (Hon)
Collective action reform in England and Wales was first seriously mooted twenty five years ago. From the perspective of proponents of the opt-out form of collective action (i.e., a form of collective proceedings where all the potential claimants are automatically represented in the proceedings unless they explicitly choose not to be), nothing of substance has been achieved since then.

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Ríos Montt to face genocide trial in Guatemala

By Virginia Garrard-Burnett
After the judge’s ruling Monday in Guatemala City, the crowd outside erupted into cheers and set off fireworks. The unthinkable had happened: Judge Miguel Ángel Gálvez had cleared the way for retired General Efraín Ríos Montt, who between 1982 and 1983 had overseen the darkest years of that nation’s 36-year long armed conflict, would stand trial for genocide.

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Understanding and respecting markets

By Michael Blair QC, George Walker, and Stuart Willey
Almost every day has brought a fresh story about investment markets, their strengths and weaknesses. Misreporting of data for calculation of LIBOR, money laundering with a whiff of Central American drugs trading, costly malfunctioning of programme trading mechanisms which brought the trading company to its knees, reputational damage inflicted by as yet unsubstantiated accusations of illicit financing in breach of international sanctions… the list goes on and on.

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What is a false allegation of rape?

By Candida Saunders
What is a false allegation of rape? At first, this might appear to be a daft question. Reflecting the general tendency to think of the truth or otherwise of allegations in reductive terms of being either true or false, the meaning of “false allegation” is commonly taken to be self-evident. A false allegation of rape is an allegation that is false; the rape alleged did not, in fact, occur. In the abstract, this seems a perfectly logical and sensible approach.

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The non-interventionist moment

By Andrew J. Polsky
The signs are clear. President Barack Obama has nominated two leading skeptics of American military intervention for the most important national security cabinet posts. Meeting with Afghan President Hamid Karzai, who would prefer a substantial American residual presence after the last American combat troops have departed in 2014, Obama has signaled that he wants a more rapid transition out of an active combat role

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The future of information technologies in the legal world

By Richard Susskind
The uncharitable might say that I write the same book every four years or so. Some critics certainly accuse me of having said the same thing for many years. I don’t disagree. Since the early 80s, my enduring interest has been in the ways in which technology can modernize and improve the work of the legal profession and the courts. My main underpinning conviction has indeed not changed – that legal work is document and information intensive and that a whole host of information technologies can and should streamline and sometimes even overhaul traditional methods of practicing law and administering justice.

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The global data privacy power struggle

By Christopher Kuner
Tension between different regulatory systems has long existed in certain areas (think of the disagreements between EU and US competition regulators regarding the aborted GE-Honeywell merger in the early 2000s). A similar power struggle is currently underway between different legal regimes regulating the collection, processing, and transfer of personal data.

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A letter from Harry Truman to Judge Learned Hand

Learned Hand was born on this day in 1872. In a letter dated 15 May 1951, Judge Learned Hand wrote President Harry S. Truman to declare his intention to retire from “regular active service.” President Truman responded to Hand’s news with a letter praising his service to the country. These letters are excerpted from Reason and Imagination: The Selected Letters of Learned Hand, edited by Constance Jordan.

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Choices and rights, children and murder

By Leigh Ann Wheeler
How did we arrive at this stunningly polarized place in our discussion — our national shouting match — over women’s reproductive rights? Certainly it wasn’t always this way. Indeed, consensus and moderation on the issue of abortion has been the rule until recently. Even if we go back to biblical times, the brutal and otherwise misogynist law of the Old Testament made no mention of abortion, despite popular use of herbal abortifacients at the time.