About TLB

  • Philip Jessup proposed the idea of a transnational law course. His vision of the subject was broad, including public and private international law; state and non-state actors; business, administrative, and political affairs; as well as negotiation and litigation. Inspired by his idea, TLB is only constrained by its pursuit to address all law transcending national frontiers.

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March 13, 2007

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Comments

John Roach

I take it you prefer the organic approach?

Comrade O'Brien

Hi,
We've been protesting the Military Commissions Act since the day it was signed.
Find out more at http://ministryoflove.wordpress.com
Thanks,
O'Brien

Travis Hodgkins

John: You're right, I do like the organic approach, but the general consensus is that if the Court is going to extend habeas to the detainees, then it will adopt the provision-by-provision approach espoused by Justice Kennedy.

Comrade O'Brien: I have tried to be as objective as possible in this post. My concern here was merely the communication and sharing of legal theory, which I hope aids people in their attempt to understand the discourse. However, I accept that it is possible that my own personal views have tainted the post, revealing my true feelings about the MCA.

I am not an academic and my understanding of the issues is very embryonic. I appreciate your blog and I find its motivating concept very interesting. If you haven't read it already, you might like a recent post over at Balkinization entitled, "The Struggle to See What is Right in Front of Your Nose." It also makes use of Orwell's brilliant political insights to slash the Bush administration.

Here is an Orwell quote used by the Balkinization article that I particularly enjoyed, "To see what is in front of one's nose needs a constant struggle. One thing that helps toward it is to keep a diary, or, at any rate, to keep some kind of record of one's opinions about important events. Otherwise, when some particularly absurd belief is exploded by events, one may simply forget that one ever held it. Political predictions are usually wrong. But even when one makes a correct one, to discover why one was right can be very illuminating. In general, one is only right when either wish or fear coincides with reality." The blogosphere is our combined record of opinion's and important events, creating a new form of the old school town meeting.

This implicates another phenomenon that I'm very interested in, the effect the internet is having on academic scholarship and the general dispersion of knowledge. I'd like to quote another recent article from Balkinization: "First the Internet tends to democratize the diffusion of legal knowledge and the demand for legal knowledge-- creating a new audience for everyday legal expertise. Second, the Internet changes the pace of legal writing-- focusing attention on recent developments instead of the longer view."

Thanks for sharing everyone.

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