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The Koh Nomination and The Foreign Law Debate

By ADF Alliance Alert

Eric Posner writes at the Volokh Conspiracy: "Now that Harold Koh is on his way to confirmation, it may be possible to discuss why some people (not me) opposed his appointment while others pooh-poohed their objections and accused Koh?s critics of ad hominem attacks. The foreign law debate is, in fact, an important one, with much at stake, and it deserves a better airing than it has received in the blogosphere so far. This is the first of two posts that will discuss the debate." Posner's second post begins: What divides the two groups in the foreign law debate? I will make a few conjectures, again with the proviso that I am supplying broad generalizations and do not mean to attribute any of these views to any particular person (including Koh) on either side of the debate.

Full post as published by Constitutionally Correct on June 25, 2009 (boomark / email).