forthcoming scholarship

December 15, 2008

* Forthcoming scholarship

Foreign Affairs Originalism in Youngstown’s Shadow

St. Louis University Law Journal (Vol. 53, 2008)

Stephen I. Vladeck

American University Washington College of Law

In An Originalism for Foreign Affairs?, Professor Ingrid Wuerth argues that originalism, under a number of different conceptualizations, is an awkward fit in the field of foreign affairs. In one sense, as Professor Wuerth suggests, originalism fails to answer many of the central questions of foreign affairs scholarship. In another sense, certain foreign affairs questions may, in her words, undermine the positive case for originalism. Either way, Professor Wuerth concludes, originalists should pay more attention to foreign affairs, and foreign affairs scholars should pay more attention to the competing methodologies of contemporary constitutional interpretation. Read the rest of this entry »

United States v. Slough (Blackwater guards indictment); forthcoming scholarship

December 8, 2008

1. United States v. Slough (D.D.C.  No. cr-08-360)

The indictment in this case, charging five Blackwater security guards with killing 14 unarmed civilians during an incident at Nisur Square in Baghdad in September 2007, is posted here:

An information filed against a sixth Blackwater guard, Jeremy Ridgeway, is posted here:

Ridgeway has pled guilty to certain charges.  His factual proffer is here:

Details from DOJ’s press release appear below.  I have highlighted the passages describing DOJ’s jurisdictional theory.  In brief, the claim is that the contractors are subject to the Military Extraterritorial Jurisdiction Act (MEJA) because they were providing services in support of DOD’s mission, though their contract was with the State Department.  Whether MEJA applies in this circumstance no doubt will be the focus of considerable litigation going forward. Read the rest of this entry »