Settler War in Palestine

July 22, 2014

Returning from a meeting of historians, I’ve been thinking about the Israeli-Palestinian conflict in historical terms. Israeli settlers in the West Bank are reminiscent of the movement of settlers to our own Indian frontier until the frontier was closed in the twentieth century. Settler conflict with Native Americans over land and atrocities on both sides was continual. This isn’t the whole story but it is important.

Allies are crucial. For a century, Britain prohibited settlement west of the Appalachians and protected Indian rights in the territory they had occupied for millenia, largely preventing Indian War, except, of course, against the French. Regardless of our dispute with King George, aspects of British Indian policy were both wise and decent. Read the rest of this entry »


Tears for Ukrainian Democracy

May 13, 2014

Let’s return to Ukraine once more.

Americans cheered at former Ukrainian president Viktor Yanukovych’s ouster. Here’s why that was a mistake.

When Yanukovych decided not to sign the pact with the EU, Ukrainians had several options. Two constitutional processes were available. They could have tried to impeach him. Or they could have defeated him at the polls. Yanukovych was elected for a five year term in 2010. Elections were scheduled for March 2015. They could have waited the extra year. Those were democratic ways to deal with disappointment with him.

Instead, Ukrainians who wanted to join the EU took to the streets. They had every right to demonstrate. Demonstrations are the democratic form of protest. But the crowds wanted more – not just to make their views known and felt, they wanted to settle the matter before and outside of elections. In an election they would have had to allow people they disagreed with to vote. That of course would have given legitimacy to the result. It might also have meant some compromise. Sharing the ballot and compromise are essential in democracy, though there are plenty who don’t get that point even here. Read the rest of this entry »


Is Israel an Apartheid State?

April 29, 2014

Whenever I talk about the Middle East I get lambasted. And when I fail to mention Israel or Palestine I get lambasted because I didn’t. Pro-Israeli listeners brook no criticism whatever of what Israel does. Supporters of the Palestinians recognize the legitimacy of nothing else. Sometimes you can’t please everybody and sometimes you can’t please anybody. So, OK, here goes.

First, I’ve had very disturbing conversations with Palestinians who had absorbed extremist rhetoric. Read the rest of this entry »


Ukraine – The Limits of Power

April 22, 2014

It’s worth another look at Ukraine. Americans have taken a principled pro-democracy stand. But before we get too self-congratulatory, let’s find a little perspective. Read the rest of this entry »


Ukraine – the Cold War again?

March 26, 2014

There has been a lot of loose talk about how to deal with Russia over Ukraine. Some people think Obama should be, or sound, tougher – or more careful. Toughness is mostly about impressing the home audience, and getting people fired up. But it has nothing to do with what actually has to happen, what the choices or consequences are – it’s all about posturing. Foreign affairs is not a simplistic referendum on “toughness,” and the avatars of toughness should be laughed out of the public space.

Read the rest of this entry »


The Palestinian Question

December 3, 2013

There was an interesting event at Albany Law recently.

To open, Rabbi David Gordis explained that thoughtful supporters of Israel actually agree with thoughtful supporters of Palestinians that a solution to their conflict is essential for both of them, that pro-Israelis like Gordis and pro-Palestinians like Columbia history professor Rashid Khalidi were not merely old friends but old allies. Read the rest of this entry »


Nuclear peace, JFK and Iran

November 26, 2013

The deal with Iran is excellent news. Hat’s off to Kerry and Obama.

I’m not Pollyannaish about Iran – its government deprives too many of human rights. Friends spent years in the infamous Evin prison for catching the dislike of Iranian officials. Former president Ahmadinejad’s hostility toward Israel was despicable. The American engineered coup and installation of the Shah in 1953 still rankles there. The attack on our Embassy to keep America out of the 1979 Revolution still rankles here. Since then we have both hurled outrageous rhetoric at each other. None of that makes it easy. Read the rest of this entry »


Supreme Poison: Adultery and States’ Rights

November 16, 2013

A week ago my students and I went to the U.S. Supreme Court and saw the argument in Bond v. United States.

Carol Bond tried to poison Myrlinda Haynes because of an affair with Bond’s husband. Local authorities wouldn’t bother helping Haynes but sent her to the Postal Service, because poison was found in her mail and the Postal Service has the power to prosecute crimes involving the mail. The Postal Service set up a camera and caught Bond in the act. Postal inspectors arrested Bond and a federal grand jury indicted her for violating the Chemical Weapons Implementation Act.

The United States is a party to the international Chemical Weapons Convention. Congress passed a statute to implement the Convention which prohibited “knowing possession or use, for nonpeaceful purposes, of a chemical that can cause death” or other harms. Treaties and state failure to execute them were a major reason for the Constitution, which gives Congress power to pass laws that are necessary and proper for carrying them out.

But attorneys for Bond smelled an opportunity to narrow national power, arguing such crimes were local and reserved to the states. Read the rest of this entry »


War and the Separation of Powers

September 10, 2013

In 1950 Harry Truman sent troops to Korea without consulting Congress. Republican criticism did not withstand American hostility to Communism and American nostalgia for give ‘em hell Harry. It became a precedent. Read the rest of this entry »


Dealing with the Egyptian Miliary

August 20, 2013

If we can believe the observations of commentators over more than two centuries, Americans have always wanted to be liked. We want people to like us, not to fear or feel coerced by us. That works well for a democracy where politicians want people to vote for them.

But liking each other is almost irrelevant to negotiations. Lawyers constantly negotiate with people they don’t like. What’s crucial is that we trust each other’s honesty and ethics. The principle difference is that liking the people you’re negotiating with makes it harder to see their motive to do you harm.

The Egyptian generals don’t have to like us. And at least in the short term, they don’t much need us. They will do what they think their own interests require and won’t much be bothered by whether they have warm feelings for America. So if I were in the White House, aside from having a stroke from the stress, I wouldn’t give a bleep for whether the generals like us. Read the rest of this entry »


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