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 »


The Arab World and Us

July 30, 2013

I have been quite disturbed by events in Egypt. We won’t know for some time what has been happening behind the scenes, but it appears that the Obama Administration told the Egyptian military that our support would not flag, which I, and certainly they, would have read as a green light to eliminate the Muslim Brotherhood.

Look at that geographically. Read the rest of this entry »


Reality Check on Iran

July 23, 2013

I recently attended a meeting of former Peace Corps volunteers who had served in Iran. We shared the fundamental perspective that Iran should be an ally, not an enemy, and that the current standoff is the result of government mistakes on both sides.

Iran has a democratic tradition going back to 1906, with an elected legislature or Majlis. It also had a democratically selected Prime Minister, until deposed with the U.S. C.I.A. taking credit. Iranians never forgot–their attachment to democracy is one of the strongest in the Middle East. Read the rest of this entry »


The Can-do Attitude Meets a Changing World

May 28, 2013

Too many Americans oppose and prevent serious efforts to head off problems until they become a crisis. They think we can postpone dealing with global warming, abuses in criminal trials, predictable shortages of fuel, food or water, threats to our health, and the backlash from our military adventures in the Middle East, among others.

It could be called denial. Or maybe it’s just a part of a can-do attitude, the attitude that built America. Read the rest of this entry »


Israel and the Palestinians

March 12, 2013

American politicians have been tumbling over each other promising they would support the government of Israel by all means necessary. But I wouldn’t vote for Netanyahu if I could and don’t want this country marching to his orders.

Read the rest of this entry »


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