The Long Arm of the Law

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  • Posted By: laverde @ 04/19/2009 2:48:06 AM

    I think the most bizarre comment in this piece is the third-to-the-last sentence: "Koh is not suggesting, for instance, that American judges adapt Islamic law that discriminates against women..." If he is not suggesting it, for instance, why do the authors bring up this absurd example, especially in their concluding paragraph? It seems to mislead and misinform the untrained reader more than anything else... It's masterfully done, at least.

  • Posted By: laverde @ 04/19/2009 2:38:13 AM

    this article is interesting on so many levels... the mastery with which the authors construct the readers' view of "Koh" [who the real Koh is, I cannot tell from this piece] is astounding, almost artistic, but alarmingly so. We have critical comments quoted in full, preposterous claims presented with the classic-use of question mark, and "Koh's" beliefs represented by innuendo and comparisons to extreme examples. The reader is left feeling that "Koh" is somehow suspiciously Socialistic, an undemocratic voice who would has "campaigned to... perhaps shrink some [rights], including the First Amendment's guarantee of free speech" (the involuted grammatical structure of the full sentence is beautiful just in itself). The purpose of the article is obviously not to inform but to persuade, but not to persuade by reasoned argument, but by association and innuendo.

    If this is to be "journalism," then then Orwell's model of control may already be in place: Newsweek, thus, has become more and more like "newspeak," not a voice of informed reason, but a voice of misinformation and thought control.

  • Posted By: smithjeffr @ 04/19/2009 1:39:39 AM

    This is absurd. We live in the United States and should be bound by the laws of our own country. If someione does not like our laws, they are free to leave. Do you want to see our soldiers tried as war criminals for doing their duty in some war that other countries do not agree with. The stakes here are huge. How can you know what you can and can't do n this country if you have to wait until some foreigner decides to sue because you did not follow the laws of their country. Do you honestly think that the nations of Europe will bow to precedent from US law in deciding a case in Europe- I think not. This is one more example of our socialist president trying to impose his views o a new world order. And jut think, in some countries my last sentence could have me put in jail!! Erosion of our first amendment rights is one of the scariest things about this. Do we want to se the restrictions on free speech that they have in Germany imposed here in the US. Think about it. Please write your sentors and congressperson to make sure this man is not confirmed, it would set a dangerous precedent and mark the decline of our treasured constitutional values.

  • Posted By: smithjeffr @ 04/19/2009 1:38:50 AM

    This is absurd. We live in the United States and should be bound by the laws of our own country. If someione does not like our laws, they are free to leave. Do you want to see our soldiers tried as war criminals for doing their duty in some war that other countries do not agree with. The stakes here are huge. How can you know what you can and can't do n this country if you have to wait until some foreigner decides to sue because you did not follow the laws of their country. Do you honestly think that the nations of Europe will bow to precedent from US law in deciding a case in Europe- I think not. This is one more example of our socialist president trying to impose his views o a new world order. And jut think, in some countries my last sentence could have me put in jail!! Erosion of our first amendment rights is one of the scariest things about this. Do we want to se the restrictions on free speech that they have in Germany imposed here in the US. Think about it. Please write your sentors and congressperson to make sure this man is not confirmed, it would set a dangerous precedent and mark the decline of our treasured constitutional values.

  • Posted By: byronraum @ 04/18/2009 9:37:44 PM

    We should keep in mind that a lot of the problems that arise are transitory. When we start taking into consideration another, completely different body in law, the possible precedents that can be used are much vaster in number, and lawyers and judges need to take all of these into consideration. However, over time, as these are worked through and the legal profession understands these, I don't think it would represent a long-term problem.

    Far more important is the fact that if we start honoring international law, international law should also reciprocate. I can think of no better way of exporting the Constitution and realizing Bush's dream of democracy everywhere.

  • Posted By: druii @ 04/18/2009 9:08:07 PM

    Well I guess that writing treaties and insisting that the rest of the world abides by them may be a problem.. Of course, honoring anything is so far from americans values that it's laughable!

  • Posted By: druii @ 04/18/2009 9:04:42 PM

    Well gee golly hoss, wese done writ up and incested.....i means insisted that the wurld sines them treatees.. now theys askin usins to honre em.wats things commin ta!!

  • Posted By: belgay @ 04/18/2009 9:03:47 PM

    Not only should we adopt liberal international laws but we should also allow foreign lawyers to freely practice law in this country. I bet the ACLU would strongly object to that. Our laws are what we live by and if people aren't satisfied with that then they should dust off their passports and head out immediately.

  • Posted By: fedup68 @ 04/18/2009 8:59:26 PM

    in a word: no. Foreign judges have no business in U.S. courts. How can we let these so called "mainstream"idiots circumvent the U.S. Constitiution? If this happens we might as well take the Constitution out and put a lighter to it. Well for all of those 52% who voted for change: Hope this is what you wanted. Should have really looked at your date before you married her. In other words it is a whole lot easier break up with somebody before you marry them. Jan 20 we got maried to this idiot and it is has and is going to cost us a lot to divorce him.

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