Beyond the Debate Over Metal Detectors
Publications by Eugene Kontorovich
Prof. Eugene Kontorovich
Northwestern University School of Law.
Teaching: Federal Courts; Constitutional Law; Constitutional Law Colloquium; Universal Jurisdiction seminar; International Law Colloquium. Read More »
For centuries, aggressive international enforcement, facilitated by a legal regime that was the model of international cooperation, has been key to suppressing piracy on the high seas. Today, as a long-simmering piracy problem boils over off the Horn of Africa, nations have begged off from enforcing the law against this group of international criminals that threatens to bring much of international shipping to a standstill. The global shirking of prosecutorial responsibility is particularly hard to square with the eagerness with which the same countries have sought to prosecute much more complex and politically sensitive offenses. Coming at a time when increasingly bold claims have been made about international law’s ability to resolve massive problems like genocide and decades-long ethnic conflict, its incapacity to deal with the international equivalent of ordinary street crime. Read More »
The article explores the constitutionality (under the U.S. Constitution) of U.S. exercises of universal jurisdiction. The article finds that Article I of the constitution limits American exercises of universal jurisdiction, and calls into question many attempts at universal jurisdiction, including many uses of the Alien Tort Statute. Read More »