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<title>Opinio Juris</title>
<link>http://www.opiniojuris.org/</link>
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<dc:language>en-us</dc:language>
<dc:date>2008-06-24T00:06+00:00</dc:date>
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  <rdf:li rdf:resource="http://www.opiniojuris.org/posts/1213629298.shtml" />
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<item rdf:about="http://www.opiniojuris.org/posts/1214266157.shtml">
<title>Independence Day Quiz</title>
<link>http://www.opiniojuris.org/posts/1214266157.shtml</link>
<description>Courtesy of Toast.com, the quiz consists of 30 questions -- 20 drawn from the U.S. citizenship test and 10 harder "curveballs." 24 is considered the minimum passing score; I scored,...</description>
<dc:creator>Kevin Jon Heller</dc:creator>
<dc:date>2008-06-24T00:06+00:00</dc:date>
<content:encoded><![CDATA[Courtesy of Toast.com, <a href="http://games.toast.net/independence/">the quiz</a> consists of 30 questions -- 20 drawn from the U.S. citizenship test and 10 harder "curveballs."  24 is considered the minimum passing score; I scored, much to my delight, a 26.  Can you do better?<br />
<br />
Hat-Tip: <a href="http://www.americablog.com/2008/06/are-you-good-citizen.html">Americablog</a>.]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1213703801.shtml">
<title>What's the Point of Eliminating Letter Grades?</title>
<link>http://www.opiniojuris.org/posts/1213703801.shtml</link>
<description>I see that my alma mater, Stanford, is set to formally eliminate letter grades. Beginning perhaps as early as fall, students will receive one of four marks for their work:...</description>
<dc:creator>Kevin Jon Heller</dc:creator>
<dc:date>2008-06-17T11:06+00:00</dc:date>
<content:encoded><![CDATA[I see that my alma mater, Stanford, is set to <a href="http://www.law.com/jsp/article.jsp?id=1202422263549">formally eliminate letter grades</a>.  Beginning perhaps as early as fall, students will receive one of four marks for their work: honors, pass, restricted credit, and no credit.  Stanford will be the third major law school to eliminate grades, joining Berkeley and Yale.<br />
<br />
I have nothing against the change, notwithstanding a bit of retroactive jealousy.  But here's my question: aren't the new marks just grades by other names?  Consider Berkeley's system, which awards high honors, honors, pass and fail.  That looks suspiciously like A, B, C, and fail -- just without the pluses and minuses.<br />
<br />
Frankly, the changes seem like faux egalitarianism to me.  As the article makes clear, although Stanford students support the change, they still want to ensure that a decent percentage of them can receive the "best" grades:<blockquote><i>Daniel Bernstein, heading into his third year at Stanford Law School and a member of the Law Review staff, said, "most students have reacted positively" to the grade reforms. "Most students wanted it all along and lobbied for it," he said.<br />
<br />
Bernstein, of Washington, D.C., said he didn't know what is in the wind for the top grad quota, but he thinks caps should be higher than the 10 percent allowed at Berkeley.<br />
<br />
"You want to give students a bigger chance to hear honors and the chance to reward student initiative and distinguish the better students," he said. "I'm not sure, but a 25 percent to 35 percent cap would be good ... or give professors a band within which to work," he said.<br />
<br />
"If you're going to eliminate grades you still need a way to distinguish performance," Bernstein said.</i></blockquote>Exactly.  Let's face it: ranking students is an important, if regrettable, function of legal education.  That's why students want to go to prestigious law schools, and that's why students at prestigious law schools want to "distinguish" themselves from their peers.  Same as it ever was, to quote the eminent legal scholar David Byrne.<br />
<br />
When the first prestigious law school goes straight pass/fail, call me.]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1213629298.shtml">
<title>Becky Hammon Is Not a Traitor</title>
<link>http://www.opiniojuris.org/posts/1213629298.shtml</link>
<description>A confession: except for the basketball, I don't watch the Summer Olympics. In part, that's because I'm not particularly interested in the medal sports. The more significant reason, though, is that...</description>
<dc:creator>Kevin Jon Heller</dc:creator>
<dc:date>2008-06-16T15:06+00:00</dc:date>
<content:encoded><![CDATA[A confession: except for the basketball, I don't watch the Summer Olympics.  In part, that's because I'm not particularly interested in the medal sports.  The more significant reason, though, is that I simply can't stomach the rampant jingoism that inevitably accompanies the Games.  Case in point &mdash; the reaction to Becky Hammon's decision <a href="http://hamptonroads.com/2008/06/she-stayed-true-her-olympic-dream-now-shes-called-traitor">to play basketball for the Russian team</a>:<blockquote><i>The other day, Anne Donovan, former sweetheart of Old Dominion basketball and current coach of the U.S. Olympic team, called Hammon a traitor. What Hammon is doing, Donovan said, "is unfathomable to me."<br />
<br />
Detractors notwithstanding, Hammon is going ahead with her summer plans. In Beijing, this small-town girl from Rapid City, S.D., will be living out her American dream... by playing point guard for the Russians.<br />
<br />
"I don't expect everybody to understand or jump on my bandwagon," Hammon said recently.<br />
<br />
She's a 10-year veteran of the WNBA who finished second in the MVP voting last year playing for the San Antonio Silver Stars but, until recently, she flew very low under the radar. Now she's an Internet target who's being asked to defend her patriotism.<br />
<br />
"I know how I feel about my country," she said. "I'm very proud of what America represents to the world. But this is a basketball game. This is not life or death."<br />
<br />
Hammon will enter Beijing National Stadium during the opening ceremonies under the Russian flag, wearing Russian colors. She has no genealogical connection to the country but was granted a Russian passport after signing a seven-figure contract with a professional team in Moscow over the winter.<br />
<br />
[snip]<br />
<br />
Despite her WNBA credentials, at 31, she had never been invited to try out for the U.S. squad until after signing with her Russian club. The gesture was too little, too late as far as she was concerned.<br />
<br />
Hammon could have been like thousands of U.S. athletes with thwarted Olympic ambitions. Instead, she chose the unorthodox, less-traveled route - seizing her one shot at the dream, knowing it would leave her open to abuse from self-styled patriots, cold warriors and anyone for whom the Olympics are more about nationalism than athleticism.<br />
<br />
[snip]<br />
<br />
"If you play in this country, live in this country and you grow up in the heartland - and you put on a Russian uniform - you are not a patriotic person," Donovan said.</i></blockquote>I could perhaps understand (though would still deplore) calling Hammon a traitor if she had been invited to play for the U.S. Olympic team but chose to play for the Russian team instead.  But that's not the case.  Her choice was a simple one: play for Russia or not play Olympic basketball &mdash; probably ever.  After all, she is 31; the chances that she will be playing better in 2012 are next to zero.  So I think it's perverse to call her a traitor simply because she would rather live out her dream of playing in the Olympics than be a "true American" and stay home.]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1212174498.shtml">
<title>It's My Potty, and I'll Cry If I Want To </title>
<link>http://www.opiniojuris.org/posts/1212174498.shtml</link>
<description>On the lighter side of international news this week, comes word that the international space station toilet has broken, leading to...</description>
<dc:creator>Duncan Hollis</dc:creator>
<dc:date>2008-05-30T19:05+00:00</dc:date>
<content:encoded><![CDATA[<a href="/files/duncan-080529_EX_space2EX.jpg"><img src="/files/duncan-080529_EX_space2EX-small.jpg" width="220" height="332" style="float: right; margin: 4px;" alt=""></a>On the lighter side of international news this week, comes word that the <a href="http://www.nytimes.com/2008/05/28/science/space/28nasaw.html?_r=1&scp=1&sq=toilet&st=cse&oref=slogin">international space station toilet has broken</a>, leading to obvious difficulties for the station's inhabitants (not to mention plenty of toilet humor back here on earth).  Now, toilets in space raise all sorts of logistical and engineering issues, nicely described by <a href="http://www.slate.com/id/2192383/">Jacob Leibenluft in today's Slate</a>.  Of course, here at <i>Opinio Juris</i>, it's the international legal questions that pique our interest.  So, is there any international state responsibility for this broken toilet, and what, if anything, can the disgruntled astronauts do about it?<br />
<br />
The Space Station operates pursuant to the <a href="http://www.canlii.org/ca/as/1999/c35/part8170.html">1998 Agreement Concerning Cooperation on the Civil International Space Station</a> among Canada, the European Space Agency Member States, Russia, the United States, and Japan (although the Japanese Space agency's participation is subject to an MOU with NASA, which I assume is because of domestic law limitations on the agency's power to enter into international agreements).  Article 10 of that Agreement provides <blockquote><br />
The Partners, acting through their Cooperating Agencies, shall have responsibilities in the operation of the elements they respectively provide, in accordance with Article 7 and other relevant provisions of this Agreement, and in accordance with the MOUs and implementing arrangements. The Partners, acting through their Cooperating Agencies, shall develop and implement procedures for operating the Space Station in a manner that is safe, efficient, and effective for Space Station users and operators, in accordance with the MOUs and implementing arrangements. <i>Further, each Partner, acting through its Cooperating Agency, shall be responsible for sustaining the functional performance of the elements it provides.</i><br />
</blockquote><br />
Looking at the last sentence, it suggests that whoever provided the toilet has responsibility for it. (I don't have access to the referenced MOUs or Implementing Agreements, but they all appear derivative of the Space Station Agreement itself under Article 4, so I'm assuming Article 10 remains the operating rule.)  According to the New York Times, it's a Russian-built model, so that would suggest Russia bears responsibility for the broken toilet.  Having small children at home who frequently misappreciate how much toilet paper fits into the toilet, however, I'm well-aware that Russia may argue that somebody else's national broke the toilet and that state should be responsible for fixing it.  <br />
<br />
Article 16, however, was designed to prevent exactly these sorts of pissing contests, with each party agreeing to a cross-waiver of liability for all "(1) bodily injury to, or other impairment of health of, or death of, any person; (2) damage to, loss of, or loss of use of any property . . . or (4) other direct, indirect, or consequential damage" relating to Space Station activities.  That text suggests that it will be hard to hold any participating state or agency liable for damages as a result of the broken toilet.  Article 16, however, goes on to provide that the cross-waiver does not apply to "claims made by a natural person, his/her estate, survivors . . . for bodily injury, or other impairment of health or death" nor to "claims for damage caused by willful misconduct."  So, for the lawyers, the real questions are how was the toilet broken? And, just what have the astronauts had to suffer through as a result?<br />
     <br />
The Agreement's Annex also suggests that the United States agreed to provide the "Space Station infrastructure elements, including a habitation module."  Maybe someone with more knowledge of the Agreement or space law can enlighten me, but how is it that the United States could provide a "habitation module"  without including a toilet in it?  If it had, that would have at least provided a second toilet that would have avoided the current crisis.  In any event, it sounds like the upcoming Space Shuttle visit to the Station will provide the necessary repair parts.  Hopefully, that will get the facilities working again without having to flush too much more money down the toilet.  After that, it should be "all cisterns go." <br />
<br />
Photo Credit: Slate ]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1211810077.shtml">
<title>Memorial Day Photos</title>
<link>http://www.opiniojuris.org/posts/1211810077.shtml</link>
<description>...</description>
<dc:creator>Roger Alford</dc:creator>
<dc:date>2008-05-26T13:05+00:00</dc:date>
<content:encoded><![CDATA[<br />
Unknown Soldier...<br />
<br />
<center><img src="/files/roger-Unknown_soldier.jpg" width="240" height="192"  alt=""></center><br />
<br />
World War II...<br />
<br />
<center><img src="/files/roger-Normandy.jpg" width="240" height="160"  alt=""></center><br />
<br />
Korea...<br />
<br />
<center><img src="/files/roger-korean_memorial.jpg" width="240" height="160"  alt=""></center><br />
<br />
Vietnam...<br />
<br />
<center><img src="/files/roger-Vietnam_Memorial.jpg" width="238" height="240"  alt=""></center><br />
<br />
Persian Gulf...<br />
<br />
<center><img src="/files/roger-Persian_Gulf.jpg" width="178" height="240"  alt=""></center><br />
<br />
Iraq...<br />
<br />
<center><img src="/files/roger-Iraq_War.jpg" width="240" height="157"  alt=""></center><br />
]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1211124187.shtml">
<title>In Second Life, a Virtual Darfur is Patrolled by a Virtual Green Lantern Corps</title>
<link>http://www.opiniojuris.org/posts/1211124187.shtml</link>
<description>...</description>
<dc:creator>Chris Borgen</dc:creator>
<dc:date>2008-05-18T15:05+00:00</dc:date>
<content:encoded><![CDATA[<a href="/files/chris-GLC.jpg"><img src="/files/chris-GLC-small.jpg" width="220" height="182" style="float: left; margin: 4px;" alt=""></a><br />
Having grown up on Green Lantern comics (and having one friend quip that she thinks that explains my becoming an international lawyer), I was nonetheless somewhat stunned to come across the following <a href="http://nwn.blogs.com/nwn/2006/05/guarding_darfur.html">on Wagner James Au’s  New World Notes blog</a>, which covers the evolution of Second Life, the online “virtual world”:<blockquote><i>Second Life has a Darfur, so it’s sad (though not surprising) that it has its own janjaweed, too. <br />
<br />
Activists recently built a virtual world information site on a private island called Better World, to raise awareness of the ongoing ethnic cleansing in Sudan. Called “Camp Darfur”, it features the recreation of a refugee tent city with a tiny campfire, and large display photos of the real thing, where the tents seem to go on for miles. <br />
<br />
Shortly after it was unveiled, however, the place was hit by griefers [vandals and hackers]. The first marauder found an exploit in the Camp’s building method, and used that to raze the place to the ground, strewing tents and images of refugees everywhere. According to Zeke Poutine, officer in the "Not on our watch" Darfur activist group, he shouted racial slurs while he trashed it. The Camp was rebuilt, but copycat attacks by others followed.<br />
<br />
But if Camp Darfur has its janjaweed, it has its guardians, too. For shortly after the raids began, a Better World visitor who’d learned a lot about Sudan’s genocide from the Camp called a group of his to the island, to offer their protection. <br />
<br />
And that’s why Camp Darfur is now under the vigilant eye of the Green Lantern Core [sic  &mdash; they have chosen to be “core” rather than “corps”], a band of superheroes who patrol Second Life with masks, tights, and magic lamps.</i><br />
</blockquote>Au interviewed some members of the Green Lanterns as well as the folks who put together the Darfur site. <blockquote><i>Zeke Poutine isn’t sure the attacks on their websites and their Second Life site are related, or if they’re politically motivated. “Who knows? Some people just do stuff because they can,” she muses. “'Cause they have issues?  ‘Cause they don't like Africans?”<br />
<br />
<b>"It doesn't sound like they just did it for fun," Matador observes.  “It's a hate crime.”</b><br />
<br />
When the attacks first began, the Green Lantern Core helped them secure the Camp. Their lead officer Jeff Beckenbauer built a security script that scans the identity of avatars who visit, and showed the Better World owners how to read it. Jeremy patrols the island in the morning, and Matador at other times, as do other Core members.<br />
<br />
In the beginning, they tell me, the GLC was founded by Cid Jacobs as a way to show off devices and builds inspired by the Green Lantern comic. From there it evolved into a roleplaying group, with members pretending to “patrol” sectors of Second Life. This began as fun, but <b>lately it’s started to involve monitoring actual violations of Community Standards and Terms of Service-- the live and let live rules of conduct that Linden Lab [the company that runs Second Life] has its subscribers agree to, when they get an account.</b><br />
<br />
“It's unfortunately turned into a lot of watching for CS/TOS violations,” KallfuNahuel Matador acknowledges. “The roleplay aspect kinda fell to the wayside. Certainly it started as a group of fans of a comic book, but it's grown and growing into something more.”<br />
<br />
In this, one sees trend for the future of Second Life-- <b>as the world grows ever larger, the sheer population size will make it impossible for Linden staff to meaningfully regulate it. Into this gap will rise neighborhood watch groups and private security forces, acting as the first line of defense while citizens wait for the Lindens to arrive.</b> </i> [Emphases added]</blockquote>This story is interesting on multiple levels. First, it is another example of how Second Life is used as a means of organizing activism, in this case the work of Darfur activists. (But see <a href="http://nwn.blogs.com/nwn/2006/05/return_to_darfu.html">this follow-up post concerning “cyberutopianism."</a>)<br />
 <br />
The rise of the Second Life Green Lanterns also points out how communities begin to generate similar structures in response to common problems. Here, online vandals/ maurauders are destroying the hard work of the activists, so the Second Life community has organized its own police force—one that uses the symbols of science fiction but enforce very real contractual obligations (the Terms of Service agreements of Second Life users).  And yes, I also find it interesting that when virtual Darfur needed help the symbol of choice was not Blue Helmets but Green Lanterns.<br />
<br />
And, along those lines, there are also some interesting implications on the “law and literature” side, especially as one blogger put it, concerning <a href="http://io9.com/391068/science-fiction-is-the-literature-of-refugees">science fiction as the literature of the refugee</a>.<br />
<br />
I highly recommend reading the rest of Au’s post. <br />
<br />
If only the real Darfur had such a simple solution. And, no, I don’t mean <a href="http://tpmcafe.talkingpointsmemo.com/2006/07/10/the_green_lantern_theory_of_ge/">the Green Lantern Theory of Geopolitics</a>. (Matthew Yglesias should know better—George Bush is no <a href="http://en.wikipedia.org/wiki/Hal_Jordan">Hal Jordan</a>. <a href="http://en.wikipedia.org/wiki/Guy_Gardner_%28comics%29">Guy Gardner</a>, maybe.)<br />
<br />
Hat Tip: <a href="http://io9.com/391068/science-fiction-is-the-literature-of-refugees">io9</a>]]></content:encoded>
</item>

<item rdf:about="http://www.opiniojuris.org/posts/1210209050.shtml">
<title>A Sensible Argument Against a Corporate Human Rights Treaty </title>
<link>http://www.opiniojuris.org/posts/1210209050.shtml</link>
<description>As Roger noted recently, John Ruggie, the United Nations secretary-general’s special representative for business and human rights, has released his third report on human rights and business. In this...</description>
<dc:creator>Julian Ku</dc:creator>
<dc:date>2008-05-08T01:05+00:00</dc:date>
<content:encoded><![CDATA[As Roger <a href="http://www.opiniojuris.org/posts/1208788968.shtml">noted</a> recently, John Ruggie, the United Nations secretary-general’s special representative for business and human rights, has released his <a href="http://www.reports-and-materials.org/Ruggie-report-7-Apr-2008.pdf">third report</a> on human rights and business.   In this <a href="http://www.ethicalcorp.com/content.asp?ContentID=5887">article</a>, Ruggie offers a sensible and persuasive argument against codifying his principles of business conduct into a human rights treaty.  <br />
<i><blockquote><br />
I have three main reservations about recommending to states that they launch a treaty process at this time. First, treaty-making can be painfully slow, while the challenges of business and human rights are immediate and urgent. Second, and worse, a treaty-making process now risks undermining effective shorter-term measures to raise business standards on human rights. And third, even if treaty obligations were imposed on companies, serious questions remain about how they would be enforced. <br />
</blockquote></i><br />
Interestingly, many of his arguments here can be made against all types of human rights treaties.  In any event, his clear-eyed practical view of human rights realities is to be applauded.<br />
]]></content:encoded>
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<item rdf:about="http://www.opiniojuris.org/posts/1210032223.shtml">
<title>Reason #856 to Love New Zealand</title>
<link>http://www.opiniojuris.org/posts/1210032223.shtml</link>
<description>Stories like this cause barely a ripple of controversy:...</description>
<dc:creator>Kevin Jon Heller</dc:creator>
<dc:date>2008-05-06T00:05+00:00</dc:date>
<content:encoded><![CDATA[Stories <a href="http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=10508192">like this</a> cause barely a ripple of controversy:<blockquote><i>Girls may be given free access to the emergency contraceptive pill at their local Auckland pharmacies in a bid to reduce teen pregnancies and abortions.<br />
<br />
The medicine can already be sold by many pharmacists without a doctor's prescription, including to girls without parental consent.<br />
<br />
An Auckland District Health Board committee will tomorrow consider a staff proposal to make the pill free through community pharmacies in Auckland city.<br />
<br />
People given the Levonelle 1 pill by their pharmacist would also be offered a packet of condoms and a pamphlet on sexual health and contraception.</i></blockquote>Sane family planning driven by medical experts, not by religious fanatics who are far more interested in <a href="http://www.christian.org.uk/html-publications/promotingpromiscuity_2001.htm">controlling women's sexuality</a> than in promoting women's health.  What's the world coming to?]]></content:encoded>
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