Saturday, July 30, 2011

[Statement.] Discuss.

A bit out of season for any but the summer-course teacher, a super law-and-policy essay question jumped out from Indiana Law Professor David P. Fidler's recent ASIL Insight on cyberintlaw.
Central to the Obama Administration cyber policy strategy released this past May, Fidler wrote, is "'building the rule of law.'" Policymakers felt the need to define "rule of law" (at page 5 of the 25-page strategy document), and it's from that definition that the exam question emerges.
Here's the proposed query:

Officials in the administration of President Barack Obama define the term 'rule of law' as 'a civil order in which fidelity to laws safeguards people and interests; brings stability to global markets; and holds malevolent actors to account internationally.'
Using this definition, choose an area of public policymaking -- counterterrorism, to name one example -- and discuss whether and to what extent the Obama Administration has been faithful to rule of law in that area.