[IntLawProfessors] FW: Okla state question 755 update

[Fernando Teson]

Sure, there is a lot of customary law that is legitimate, properly supported
by state practice and universal agreement. But unfortunately there's a lot
of "fake custom" generated by academics and norm entrepreneurs who exploit
the relative indeterminacy of the concept of custom in order to present
their own desiderata as if they were genuine, binding norms.

On Tue, Nov 9, 2010 at 9:30 AM, Mary Durfee <mhdurfee at mtu.edu> wrote:

> Perhaps scholarship and some opinions have gone in that direction, but not
> the actual operations in US State and in other departments.  For example,
> there's a new semi-journalistic account, the Least Worst Place on the
> efforts in State and in the US Marine Corps to make Guantanamo legal under
> the Geneva Conventions.  There were actively overruled, but there was little
> doubt in their minds on what the rules were.
>
> There is a brand of IR scholarship that I find really interesting, the way
> different courts, municipal and otherwise, use human rights law to give more
> effect to it.  Kathryn Sikkink at Minnesota has done work in this area and
> there seems to be a lot of work going on among Ph.D. students at Virginia.
>
> Mary Durfee, Ph.D.
> Associate Professor of Government
> Social Sciences Dept.
> Michigan Technological University
> Houghton, MI 49931
> Work: 906-487-2112
> Cell: 906-369-2112
>
>
> ----- Original Message -----
> From: "prabhakarsingh adv" <prabhakarsingh.adv at gmail.com>
> To: "William Slomanson" <bills at tjsl.edu>,
> intlawprofessors-bounces at mailman.anu.edu.au, "Fernando Teson" <
> fteson at law.fsu.edu>
> Cc: intlawprofessors at mailman.anu.edu.au
> Sent: Monday, November 8, 2010 7:35:07 PM GMT -05:00 US/Canada Eastern
> Subject: Re: [IntLawProfessors] FW: Okla state question 755 update
>
> Dear Profs.
> This is very educative for an Indian law teacher. I have been thinking how
> the "third world sees constitutionalism in international law?" With
> Posnerian view, American scholarship has moved further away to the idea that
> international relations is the determining factor and int'l is almost
> obsolete.
> Best,
> Prabhakar
> Sent on my BlackBerry® from Vodafone
>
> -----Original Message-----
> From: William Slomanson <bills at tjsl.edu>
> Sender: intlawprofessors-bounces at mailman.anu.edu.au
> Date: Tue, 9 Nov 2010 00:17:54
> To: Fernando Teson<fteson at law.fsu.edu>
> Cc: intlawprofessors at mailman.anu.edu.au<
> intlawprofessors at mailman.anu.edu.au>
> Subject: Re: [IntLawProfessors] FW: Okla state question 755 update
>
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> Intlawprofessors is moderated by Don Anton and hosted by the Australian
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>
> Intlawprofessors is moderated by Don Anton and hosted by the Australian
> National University College of Law
>



-- 
Fernando R. Tesón
Tobias Simon Eminent Scholar and Professor of Law
Florida State University College of Law
425 West Jefferson
Tallahassee, FL 32306-1601
850-644-4287
fteson at law.fsu.edu
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