The filling of a judicial vacancy provides a unique opportunity to examine not only the appointment or election process, but also the court itself and its work. For obvious reasons, this has been recognized in connection with the Supreme Court of the United States,1 where vacancies are often the subject of much conjecture but, because of life tenure, remain essentially unpredictable. On a less lofty plane, the opportunity to take stock also occurs in other courts, and the timing, at least, is less a matter of speculation in non-Article III courts, where judges serve for fixed terms.
Tag: Law of Armed Conflict
The Choice of Law Against Terrorism
Cyber Threats and the Law of War
When I was invited to participate in a forum dealing with “National Security Threats in Cyberspace,” sponsored by the American Bar Association Standing Committee on Law and National Security and the National Strategy Forum, my assigned role was to provide a “succinct and brief” explanation of how the existing Law of War (LOW) might be applied to cyber threats.