The (Muslim) Travel Ban: Trump v. Hawaii

Analyzing the Decision 

& 

Mourning Something Lost in America's Identity and Ideals.

One of my friends, Prof. Richard Reuben -- who serves on the faculty of the University of Missouri School of Law -- has offered these insights. Earlier in his career, Richard was an award-winning journalist who covered the U.S. Supreme Court.



"A few thoughts after having read the travel ban decision, [Trump v. Hawaii, Slip Op. No. 17-965 (June 26, 2018):]


1. It is not surprising to see the Supreme Court back executive power in the context of international affairs, and especially so in the context of national security. I tend to agree with this in principle.


2. Chief Justice Roberts' decision was an embarrassment -- deliberately shallow, both in accepting Trump's results-oriented "policy consideration" and in its paucity of reference to precedent. The reason seems pretty obvious. As been our history until this day, most of that precedent goes against his decision.



3. The lack of rigor is probably the most disturbing part of the opinion. For example, Roberts stressed national security, but there was no evidence, anywhere, of an actual national security risk that was in any way greater than that which we endure every day. The only difference was who sits in the Oval Office.


A stronger opinion reaching the same outcome could have been written, and Roberts' failure to do so constitutes an abdication of the judicial role. A judge not only has the duty to decide, but also to persuade that its decision is correct. A written and reasoned opinion is essential to the legitimacy of the decision. By any measure, the Roberts fails that test.


4. The court's decision to reject the Establishment Clause claim was naked judicial activism because the issue was not decided below. It's decision to reverse Korematsu was even worse because, as Roberts conceded, it wasn't even argued by the parties. Rather, the decision to reverse was occasioned only because the dissent brought the case up. What's next, Plessy v. Ferguson?


5. Justice Kennedy was in the five-justice majority. He has always been bad on race, and this is just another example.


6. The travel ban is now up to Congress. The opinion was almost entirely an interpretation of a statute. Congress can overrule that interpretation. The Republican Congress will not do that, of course.


7. American democracy is now on life support, and this decision removes one of the tubes by abandoning a strong judicial role. If the Republicans keep Congress this fall, and Trump wins another term -- more likely if the Republicans keep Congress -- the American experiment in democracy that began in 1776 will be over."





Copy of the decision here.

For another summary of the ban, see here and here. 

For a summary of Justice Sotomayor's dissent, see here. Her dissent concludes by saying:

By blindly accepting the Government’s misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one “gravely wrong” decision with another.

Effects of travel ban here.

Thoughts coming from the Muslim community, here.

Another point of view here.

Robert I. Sutton's Good Boss, Bad Boss

How to be the Best  . . .  

and Learn from the Worst

Doha does not have a deep collection of print books for sale.  I was at Doha Festival City twice last week.  After touring the entire mall, I found a book I did not expect to see in Doha.

It's Robert I Sutton's Good Boss, Bad Boss.  The book builds on his research that supported an earlier book called The No Asshole Rule.  I read the earlier book, several years ago, when I served on a law school's hiring committee.  We tried to use the advice in the book.  Overall, we built a small faculty of dedicated teachers.  Sadly, we did hire a few jerks along the way, and frankly, the institution paid for it.

Amazon describes the new book in this way:  

If you are a boss who wants to do great work, what can you do about it? Good Boss, Bad Boss is devoted to answering that question. Stanford Professor Robert Sutton weaves together the best psychological and management research with compelling stories and cases to reveal the mindset and moves of the best (and worst) bosses . . . . As Dr. Sutton digs into the nitty-gritty of what the best (and worst) bosses do, a theme runs throughout Good Boss, Bad Boss - which brings together the diverse lessons and is a hallmark of great bosses: They work doggedly to "stay in tune" with how their followers (and superiors, peers, and customers too) react to what they say and do. The best bosses are acutely aware that their success depends on having the self-awareness to control their moods and moves, to accurately interpret their impact on others, and to make adjustments on the fly that continuously spark effort, dignity, and pride among their people.

I would add that good bosses aggressively protect their followers from "red tape, meddlesome executives, nosy visitors, unnecessary meetings, and a host of other insults, intrusions, and time wasters."  Good bosses play this "human shield" role so employees can do the work they need to do and meet goals that move the organization forward. 

In chapter 8, Sutton mentioned his Asshole Rating Self-Exam (or ARSE Test).  Some of the questions are very surprising . . .  and disturbing.  I can't imagine someone answering true to most of them!  Psychopaths for sure.  

The scoring system follows:

0 to 5 “True”: You don’t sound like a certified asshole, unless you are fooling yourself. 

5 to 15 “True”: You sound like a borderline certified asshole, perhaps the time has come to start changing your behavior before it gets worse. 

15 or more: You sound like a full-blown certified asshole to me, get help immediately. But, please, don’t come to me for help, as I would rather not meet you.

(I scored 0 on the exam, but I may be fooling myself.  I attribute that score to the 3,500 hours of dispute resolution training I have gotten over the last twenty years.) 

The book is an easy and helpful read.  I also recommend his blog -- Work Matters, which I have added to my blog roll. 

Karmic Payback? Saudi Football Fans May Miss Their Team's World Cup Opening Match

One Way the Blockade Effects 

People and not Just Governments

I am writing several book chapters for an upcoming book on the blockade of Qatar. In one chapter I described attacks on the media by the countries starting the blockade – Saudi Arabia, U.A.E., Bahrain, and Egypt. Among other things, the countries blocked Al Jazeera broadcasts and other media originating from Qatar.

I stated that the media blockade serve at least two purposes. It keeps an opposing narrative about Qatar from reaching people in the blockading countries. It also limits access to programming popular with conservative Muslim audiences.

In that chapter, I also described the Saudis relationship with sport broadcaster beIn Sports:

Saudi Arabia also blocked access to the ubiquitous and highly popular, Qatar-financed, beIN Sports on June 13, 2018. The station has about 5,000 staffers working in 43 countries. The U.A.E blocked access for six weeks before restoring it on July 22, 2018. Police had ejected and questioned beIN reporters attending sports events in the blockading countries or required them to remove company logos from equipment. The blockading countries would not allow marketing of the company or the sale of subscriptions, and they have encouraged their athletes to boycott any interviews with beIN. Countries sympathetic to the siege have prevented beIN staff from entering their countries to cover events. A pirate station also began working in Saudi Arabia. Then in January 2018, Egypt’s top prosecutor indicted beIN’s CEO, Nassar Al-Khelaifi, on charges of monopolistic practices.

See Paula Marie Young, "Power-Based Interventions of Countries Organizing the Siege Against Qatar," Qatar: Political, Economic, and Social Issues (Nova Science Pubs. expected 2019).

In what some people would characterized as Karmic payback, the Gulf Times reported on June 9, 2018 that negotiations between beIN and Saudi Arabia have broken down. beIN owns the rights to broadcast all 64 games of the World Cup. The £25 million sub-licensing deal would allow the broadcast in Saudi Arabia of the opening and closing match plus 20 other games of the World Cup.

The 21st World Cup begins on June 14, 2018 in Russia. If the negotiation fails, Saudi fans will have to watch the games through pirated broadcasts at locations with that broadcast capability. They will not be able to watch, from the comfort of their homes, their own team play in the opening match with Russia.

beIN has reached a sub-licensing deal with the U.A.E.

The Saudis have now asked FIFA to negotiate the deal on their behalf.  Its football federation later filed a complaint with FIFA. For more on this aspect of the story see here and here.

Saudi Arabia said it would broadcast the matches illegally, which triggered a response from FIFA and beIn Sports.

FIFA later imposed a hefty fine on Egypt's football team because Egyptian players refused to give beIn interviews.

Clearly, the blockading countries did not anticipate that the blockade would extend into this important football tournament. They erroneously expected Qatar to capitulate quickly to the demands of the blockading countries. Instead, Qatar creatively responded to the siege. See Paula Marie Young, "The Siege of Qatar: Creating a BATNA that Strengthened the Tiny Country’s Negotiating Power," Qatar: Political, Economic, and Social Issues (Nova Science Pubs. expected 2019).

Update: On June 13, 2018, Qatari officials announced that they had created three fan zones in different terminals of Qatar's international airport that would allow travelers to watch World Cup matches in their entirety.

The Red Velvet Lawyer Exceeds 250,000 Page Views!

A Big Thanks to the People Who Read this Blog!

On March 17, 2013, I posted my first blog post.  I called it: "Make art.  Think like an artist."  I read it again this morning, and time has been kind to it.  It still resonates.  Since then, I have created nearly 400 posts.   If I were Seth Godin, I'd turn them into a book or two. 

When I started this blog, I hoped to regain a voice I had had when I wrote a column every other month for the newspaper of the Bar Association of Metropolitan St. Louis (BAMSL).  The newspaper had about 7,000 readers.  My column was called from "Conflict to Collaboration" and discussed dispute resolution theory, techniques, ethics, and use.  When I began teaching, I quit writing the column.

As an academic, I lost my first-person, more colloquial voice in my law review writing.  The academy prefers the conceit that the words, and any analysis they reflect, appear on the page without a particular author's help or perspective. I have always preferred to write in first-person to make it clear the words on the page reflect my thoughts, biases, research, and analysis.  

I wanted back that first-person voice.  The blog offered that opportunity.  It also offered me an opportunity to do content marketing in support of the on-line mediation training program I had created called "Mediation with Heart."

During the first year of the blog, I tried to make a post a day.  I wanted to see how long it would take for the Google bots to find me.  Advice for bloggers said you needed to post frequently before the search engines would pay attention to your blog.  In the first few months, the Russian bots seemed to pay the most attention. 

I have used the blog in many ways over the years.  I continue to focus on dispute resolution topics and my ADR tribes.   I have discussed trends in legal education, especially when law schools saw steeply declining post-2008 enrollments and law graduates saw few job opportunities.  

I also used it to market Appalachian School of Law (ASL) when it faced competition from new schools in our market.  I talked about its mission, its faculty, its students, alumni, the classes I taught, its student organizations, and student community service.  When I reviewed my data on viewership, I learned that just this week, someone was reading a post about an ASL alum.  

I have discussed legal marketing, content marketing, and the new tools of marketing.  Yes, I like marketing.  My blog roll is also filled with links to bloggers who also like marketing.  

I also like to talk about leadership -- especially for women, about "leaning in," and about my experience in the three-year business coaching program offered by Chritine Kane for heart-centered entrepreneurs.  Leadership is a recurring theme, especially when I talk about leading my US and Gulf dispute resolution "tribes."

I created a series about "letting go" during my transition to Doha, Qatar in the summer of 2015.  Those posts still make me laugh and cry.  They talk about the family, friends, community, and food I love and left to come to Doha.  I write about my mom at least once a year.  I miss her most.

The blog also let me talk about wind energy, fracking, and natural gas production.  My blog roll includes links to a number of bloggers following the energy industry. 

I also post book lists, mostly so I can find those lists later. 

More recently, I have used it to discuss my experience teaching in the Arab Gulf.  For a while, I was trying to post weekly about the content in my course.  I have also summarized several conferences I attended.  I have shared links to good research sources on topics related to terrorism financing and human rights violations caused by the blockade of Qatar that came to my attention while I was writing two articles this past spring.

In addition, I created two posts with lists of organizations that will use your donations to support legal actions on your favorite issues of gun law reform or civil, human, reproductive, immigrant, or environmental rights.  I repost them on Facebook every time people seem to feel hopeless about the change they can make in the world. 

I continue to use the blog to discuss "mindset" issues about creativity, courage, productivity, gratitude, and growth.  Many of these posts reflect what I have learned from books I've read.   Every December or January, I share my "words for the year," a goal setting technique I find very valuable.

I want to thank all of you who have visited my blog.  My stats show I have viewership all over the world, with a surprising amount of attention from Russia in the last month.  I thank the Google bots for finding me and putting me on the first page of a number of search results.  Even the ABA has taken notice.

Very Modest Increase in Women Who Hold Equity Partnerships in Law Firms

Still Working on that Glass Ceiling

When I made partner in the mid-1990s, only sixteen percent of all partners in the U.S. were women.

A NAWL 2014 report shows little progress since then:

In its eighth year, the National Association of Women Lawyers (NAWL®) and The NAWL Foundation’s® annual Survey on Retention and Promotion of Women in Law Firms reveals not much has changed in its findings of compensation, leadership roles, rainmaking, and equity partnership at the nation’s largest 200 firms. The data this year revealed the same trend as in previous years: the greatest percentage of women (64 percent) occupy the lowest positions in firms (staff attorneys) and the highest positions in firms (equity partners) are occupied by the lowest percentage of women (17 percent). In comparison, the 2012 survey reported 15 percent equity partners were women and 70 percent staff attorneys were women.

“This year’s results reinforce that women in private practice continue to face barriers to reaching the highest positions in their firms – as equity partners and members of governance committees,” said Stephanie Scharf, report author, Past President of The NAWL Foundation, and Partner at Scharf Banks Marmor LLC. “It is troubling that women make up the large majority of staff attorneys – those lawyers in the lowest echelon of law firms – at the same time they make up a static minority (on average 17%) of equity partners in BigLaw.”

The 2017 report shows ongoing stagnation.

White women represent 88 percent of women equity partners and nearly 17 percent of equity partners overall. In the aggregate, women of color (including Black, Asian, Latina women) represent only 12 percent of women equity partners and about 2 percent of all equity partners . . . . There were some noticeable differences between the AmLaw Quartiles for representations of various diverse groups among equity partners. Women were 17 – 19 percent of all equity partners across the AmLaw 200. 

The new report has a table that makes a powerful statement about this lag in gender equality.

Charity Groups Fighting for Civil, Human, and Environmental Rights

It's Easy: Set Up a Monthly Donation

This morning, my Facebook feed is blowing up over a Huffington Post article about the immigrant kids being separated from their parents at ages as young as 53 months.  For additional information about the situation see here (agency that lost 1500 kids says it is not "legally responsible" for finding them),  here (history of policy),here (Trump blames Democrats for the lost kids), and here (SWOPE's fact check: True).

Many people want to know how they can help support resistance to this and other Trump administration policies affecting civil, human, and environmental rights.

I put together a list of charity groups that support gun law reform.  I post it after every mass or school shooting,  So, in the same vein and with the same purpose,  I am creating this list of organizations that work to protect civil, human, and environmental rights.  If I need to add an organization to the list, please let me know. 

Please donate a monthly amount to the groups of your choice.  I make an automatic payment to five organizations.  Easy.  Put your money where your mouth (or FB outrage) is.   Love all of you.

Here are the donation pages for the leading organizations:

• American Civil Liberties Union (ACLU):  https://www.aclu.org/

• Southern Poverty Law Center (SPLC): https://donate.splcenter.org/sslpage.aspx?pid=463

• NAACP Legal Defense Fund: https://org2.salsalabs.com/o/6857/p/salsa/donation/common/public/?donate_page_KEY=15332

• The National Democratic Redistricting Committee: https://democraticredistricting.com/  

• Planned Parenthood:  https://www.weareplannedparenthood.org/onlineactions/2U7UN1iNhESWUfDs4gDPNg2?sourceid=1000063

• NARAL Pro-Choice America: https://www.prochoiceamerica.org/

• Human Rights Campaign: https://give.hrc.org/page/21062/donate/1?ea.tracking.id=or_gnr_hrc_homepage_donate&_ga=2.41597218.1297730181.1527401273-116535100.1527401273 

• Council on American-Islamic Relations: https://www.cair.com/donate 

• National Immigration Law Center, https://nilc.z2systems.com/np/clients/nilc/donation.jsp?campaign=15&%20

• Natural Resources Defense Council: https://act.nrdc.org/donate/one-time-gift/?locsrc=nr-glb-nav-btn&_ga=2.5626803.121876966.1527401413-813114102.1527401413

• Democratic Party: https://my.democrats.org/page/contribute/help-democrats-fight-back

• Rock the Vote: https://www.rockthevote.org/donate/?ms=rtv.org-topnav

UAE, not to be Out-Done by Qatar, has Finally Passed a New Arbitration Law

More Modern Arbitration Laws for the Arab Gulf

GAR reports that the United Arab Emirates has issued its long-awaited self-standing arbitration law, based on the UNCITRAL Model Law.  The Arabic version of the the law is found here.  In this post, I am reproducing the GAR story with a few edits.

His Highness Sheikh Khalifa Bin Zayed Al Nahyan, the president of the UAE, issued Federal Law No. 6 of 2018 yesterday, after it was approved by his cabinet of ministers in February.

It repeals and replaces the previous UAE arbitration law, contained within a chapter of the UAE Civil Procedures Law No. 11 of 1992.

The new law will apply to all arbitral proceedings, including both domestic and international proceedings.  Its 61 articles include:

• articulation of the principles of separability and competence-competence; 
• power for arbitral tribunals and courts to order interim and conservatory measures relating to ongoing or potential arbitrations, with no waiver of the right to arbitrate if they are issued by the court; 
• clarification of the competent court and its powers; 
• confirmation that electronic writings satisfy the requirement that the arbitration clause be in writing; 
• rules ensuring the enforceability of interim and partial awards; and 
• the requirement that requests for annulment must be initiated within 30 days of notification of the award to the parties, with clarification that they do not automatically stay enforcement proceedings.

The law also says that the UAE's minster of economy will coordinate with the arbitration institutions of the UAE to issue a charter on the professional conduct of arbitrators.

Essam Al Tamimi, senior partner at Al Tamimi & Co in Dubai says, “this state-of-the-art arbitration law will fortify the UAE’s position as the leading seat in the MENA region. It is a landmark law that is the best arbitration law in the region."

Thomas Snider, partner and head of arbitration at Al Tamimi & Co, says that “with this new law, the UAE has achieved a critical milestone in fostering arbitration as a leading and reliable form of dispute resolution for all types of commercial and construction disputes in the country.”

Mohammed El Ghatit, founder and co-managing partner of OGH Legal in Dubai, tells GAR he first heard talk of a new arbitration law in 2006, the year the UAE
acceded to the New York Convention, and that for the country to finally issue one [several drafts later] is a “fantastic achievement.”

He says there have been a few “minor changes” to the draft law adopted by the cabinet in February. For example, in that draft, an order for the enforcement of an award was not subject to appeal, though an order rejecting recognition and enforcement was. In the final version, both types of order can be appealed. The final version also prohibits members of the boards of arbitral institutions, or their administrative staff, from acting as arbitrators in cases administered by their
institution. This prohibition did not appear in the previous version.

Qatar passed a modern arbitration law in February 2017, making it one of the few countries in the Arab world with a modern arbitration law that would be familiar to European and American companies working in the region.  An English version of the law appears here.  I understand some problems may exist with the translation, but I do not know enough about the law to point out the language with possible traps.  Another translation appears here.

A summary of its key points appears here.  More commentary about the Qatari law here, here, and here.

The 12th Al Jazeera Forum: Session 7 - Where is the Gulf Headed?

Political Stability or a New Wave of Change?

On April 28-29, 2018, Al Jazeera held its 12th Forum providing an opportunity for leading scholars and other experts to discuss a variety of topics affecting the Arab world.  The website for the forum, @aljazeeraform, provides additional information and links to the videos of each session.  You can follow the Twitter coverage at #AJForum.

As I noted in my first post in this series, I am working from my notes, so I apologize in advance if I incorrectly paraphrase the remarks of any speaker. I was also reliant on the quality of the translation services and their audibility. Therefore, I am happy to make any needed edits to this summary.

For summaries of the other sessions see:

• Opening Session
• Session 1: The Gulf Crisis
• Session 2: Iran and the Gulf
• Session 3: Change in the Region?
• Session 4: Changing Alliances in the Arab World
• Session 5: Palestine and the "Deal of the Century"
• Session 6: The Media During Times of Crisis

Session 7: Prospective Scenarios Facing the Middle East

Session focus:

This session will review the key ideas discussed in prior sessions from a futuristic perspective.  Where is the Gulf Crisis headed to?  Could the "deal of the century" be a fair solution to and permanent settlement for the Israeli-Palestinian conflict?

On what basis will the countries destroyed by wars and internal conflicts -- like Syria, Iraq, Yemen, and Libya -- be rebuilt if the current regional and international enterprises persist?  Could the countries that witness crisis and social tension maintain their political stability or are we headed toward a new wave of change?

How can the expected scenarios be dealt with?  Will the region develop its own vision for the future or will the region continue to be directed by foreign interests and agendas?

Speakers:

• Moderator: Mohammed Cherkaoui, Professor of Conflict Resolution and Peacebuilding at George Mason University's School for Conflict Analysis and Resolution and member of the Center for Narrative and Conflict Resolution.
• Basheer Nafi, Professor of Middle East History and Senior Researcher at Al Jazeera Centre for Studies.
• Mohamed Jemil Ould Mansour, Chairman of the National Rally for Reform and Development in Mauritania (Tawassoul).
• Abdul Aziz Al Ishaq, Qatari journalist at Al Rayn and Columnist at Saqr Magazine.
• Saif Eddin Abdel Fattah, Professor of Political Science specializing in Political Theory and Islamic Political Thought.

Key points:

Basheer Nafi:  The blockade of Qatar by Saudi Arabia, UAE, Bahrain, and Egypt will end, but perhaps not until the end of the year. Created a crisis of trust and confidence.  Reflects US policy in the region.  Iran remains a central concern.

Three factors in play in the region:

• The regional backlash or counter-revolution is at a stalemate.  It stopped democratization of regional governments. 
• The Israeli-Palestinian conflict.  No one expected this move by the Trump administration and the Palestinian factions did not plan for it.

No one can lead the region through effective alliances.  They are waiting for a new system.  But, it will lead to conflict and instability.

Countires untouched by the Arab Spring have tried to find alliances among themselves and launched counter-revolutions.  But, they could not provide solutions for the people, so the underlying grievances remain.  So, Egypt, Yemen, and Syria are worse off than before the Arab Spring.

At no time previously has the region been this volatile.

Mohamed Jemil Ould Mansour:  Agrees that the region is volatile.  We cannot predict the future.  Nonetheless, the speaker says:

• The Gulf crisis did not achieve the goals of the countries starting the blockade.  Qatar found options and created new alliances.  The Gulf Cooperation Council (GCC) is now form over content.
• The "deal of the century" promised by Trump for the Israeli-Palestinian conflict may unfold in stages.
• The crisis in Yemen, Libya, and Syria reflects the interference of outside actors with complicated solutions.
• The counter-revolutions were a failed response to the Arab Spring revolutions.
• The Arab world is "empty."  Instead, you see the influence of Israeli [?], Iran, and Turkey.  Creating a "triangle" of influence.

Abdul Aziz Al Ishaq:  Until April 2017, a diplomatic process existed among the countries of the Gulf.  Will the blockade persist?  If it does, then the "gloomy triangle" of influence evolves into a square with the fourth side now represented by the interference of other countries.

Qatar/Iran relationship exists, but is not as strong as the Qatar/Turkey relationship.   

Crisis will end.  The GCC should persist to:

• support US security.
• counter Iran.
• resolve small problems with unity among six countries. 
• increase relationships between people in affected countries.
• prop up rulers' legitimacy.

Formal solution to the blockade:  International pressure that focuses countries on the Iranian threat through:

• a summit.
• GCC sub-committee creating outreach.

But, the countries will compete perpetually. 

Real solution needed that restore the status quo ante that existed prior to the blockade.  International guarantees from the US, Russia, Europe, or Turkey to ensure a lasting solution.  Should prevent re-occurrence of the blockade.

Saudi Arabia sees Qatar as threat to its legitimacy.

Gulf countries have no real integration, like a common currency.

Inter-GCC conflict may lead to war in Lebanon or Jordan.  Splits conflicts in the region.

The Arab Spring started in Tunisia and will end in the Gulf.

Saif Eddin Abdel Fattah:  A need exists to shape the future.  Three changes have affected the region.  First, the Arab Spring revolutions.  People waited a long time for those events.  Second, the counter-revolutions or backlash occurred.  Third, the underlying factors that led to the revolutions still exist.  Thus, change is inevitable.

Speaker notes that "The Middle East" is not an Arab term.  It reflects the position of the region in relationship to other parts of the world, especially Western powers.

Regional systems are experiencing conflict.  This conflict is evidence of the ongoing move towards change.

After the Arab Spring, "regimes started to tremble."

Speaker calls for a "strategic vision."

"Deal of the century" is not in the interest of the region or its people.  Will meet with strong resistance.  Currently, Palestinians are staging protests every Friday.  The deal sets a bad precedent for other groups subject to colonization.

The Qatar blockade represents "big countries trying to smother a small country."

Q&A:

Arabs have a hard time seeing the Iranian invasion of Iraq and Syria and its support for Houthi rebels in Yemen as innocent.

Iran expanded into Iraq without any cost.  US bore the cost.

West cannot constrain Iran with military intervention.  But, it can limit the flow of dollars into the country.

Turkey is "manufacturing" status by identifying foreign policy opportunities.

Turkey cannot act as a balancing factor to those who opposed the Arab Spring.

Qatar and Turkey can be the center of an alliance that protects the will of the Arab people.

The 12th Al Jazeera Forum: Session 6 - The Media During Times of Crisis

Responsibility of Combatants: 

Don't Kill Journalists!

On April 28-29, 2018, Al Jazeera held its 12th Forum providing an opportunity for leading scholars and other experts to discuss a variety of topics affecting the Arab world.  The website for the forum, @aljazeeraform, provides additional information and links to the videos of each session.  You can follow the Twitter coverage at #AJForum.

As I noted in my first post in this series, I am working from my notes, so I apologize in advance if I incorrectly paraphrase the remarks of any speaker. I was also reliant on the quality of the translation services and their audibility. Therefore, I am happy to make any needed edits to this summary.

For summaries of the other sessions see:

• Opening Session
• Session 1: The Gulf Crisis
• Session 2: Iran and the Gulf
• Session 3: Change in the Region?
• Session 4: Changing Alliances in the Arab World
• Session 5: Palestine and the "Deal of the Century"
• Session 7: Where is the Gulf Headed?

Session 6: The Media During Times of Crisis and Transitional Stages

Session focus:

While the media covers crises, conflicts, and wars; narrates events and puts their developments and trajectories into frameworks; and relays the perspectives of parties involve[d] in them; it also sheds light on the human dimension.  This is the core of humanitarian work.

The politicization of media usually exacerbates crises and conflicts, especially if news fabrication is applied to create an artificial political situation that conflicts with reality in order to impact political positions, decisions, and courses.  This in turn threatens security, peace and stability, and negatively affects human conditions.

What are the key purposes of the media during crises, conflicts, and wars?  What are the relevant values that govern media and humanitarian work?

Speakers:

• Yehia Ghanem, Managing Editor of Al-Ahram International and Supervisor of Arab Reporters for Investigative Journalism Network (ARIJ).
• Purnaka de Silva, Director of the Institute for Strategic Studies and Democracy (ISSD) in Malta.
• Elsadig Ibrahim Ahmed Ibrahim, President of the Sudanese Journalists General Union.
• Abdulwaheed Odusile, President of the Federation of African Journalists (FAJ) and the Nigerian Union of Journalists (NUJ).
• John Yearwood, Director of the Executive Board of the International Press Institute (IPI) and President and CEO of Yearwood Media Group. 

Key points:

Yehia Ghanem:  Al Jazeera redefined media in the region.  Prior to 1996, all media was state controlled.  From 1996 to 2001, it redefined disasters to include natural and man-made.  Focused on the humanitarian aspects of the disasters.  From 2001 to 2007, it began expressing the feeling of the "world against us (Arabs)."  Began with the Afghanistan war.  Made its resources open to all parties.  Focused on the horrors experienced by the people with field work rather than news room work.  Focused on people away from the power centers. 

Western media depicted Arabs and Africans as people to fear.  But, Al Jazeera looked at the economic, political, and social experiences of people in these regions, while showing the role the West had in creating the situations there.

By having bureaus in these regions, it had more access to the evolving stories. 

Purnaka de Silva:  Media impacts policy-making.  Provides a voice for the voiceless.  Shows suffering and the victims of human rights crimes.

No political will exists to de-escalate and de-militarize in the region.  To humanize.  Absence of diplomacy in the Gulf dispute.  Would hope the GCC family could set aside the disputes.

Media becomes essential to settling these disputes.

Showed a map of the routes for human trafficking.  Spoke of his suspicions that the mafia has seized control of the immigration facilities in Sicily and may be using the vulnerability of the people to force organ donations.  Journalists noticed that immigrants were asked to take blood tests before arrival and that the organ transplant center nearby expanded in 2011. Too dangerous to do further investigation.

Elsadig Ibrahim Ahmed Ibrahim:  East Africa has been given a very dark media image.

Abdulwaheed Odusile:  [I apologize to this speaker and the prior speaker for losing my concentration and having few, if any notes, about their presentations.]

John Yearwood:  In conflict zones, certain responsibilities exist.

For combatants, the rules are:

• Don't kill journalists!
• Respect the Geneva Convention on press access.
• Respect the role of journalists.
• Don't make journalists afraid to cover a story (e.g. ISIS beheading of a journalist).

For journalists:

• Don't choose sides.
• Be fair and accurate.

For public:

• Push media to report fairly and accurately.
• When that is not happening, report the gap and demonstrate for better reporting.

The 12th Al Jazeera Forum: Session 5 - Palestine and the "Deal of the Century"

Two-State Solution, Long Dead, is Now Buried

On April 28-29, 2018, Al Jazeera held its 12th Forum providing an opportunity for leading scholars and other experts to discuss a variety of topics affecting the Arab world.  The website for the forum, @aljazeeraform, provides additional information and links to the videos of each session.  You can follow the Twitter coverage at #AJForum.

As I noted in my first post in this series, I am working from my notes, so I apologize in advance if I incorrectly paraphrase the remarks of any speaker. I was also reliant on the quality of the translation services and their audibility. Therefore, I am happy to make any needed edits to this summary.

For summaries of the other sessions see:

• Opening Session
• Session 1: The Gulf Crisis
• Session 2: Iran and the Gulf
• Session 3: Change in the Region?
• Session 4: Changing Alliances in the Arab World
• Session 6: The Media During Times of Crisis
• Session 7: Where is the Gulf Headed?

Session 5: The Palestinian Cause following the US Recognition of Jerusalem as the Capital of Israel and the "Deal of the Century"

Session focus:

U.S. President Donald Trump's decision to declare Jerusalem the capital of Israel led to a wave of popular resentment, provided a new push in diplomacy and reintroduced the Palestinian cause to debate on the Arab and Islamic fronts and at the level of regional and global organizations and agencies.  The Palestinian cause has always been the central cause for Arabs and has dominated Arab policies and shaped Arab relations with others for decades.  It seemed that interest in this cause had deteriorated amid the Arab Spring and the various regional crises.  However, it has now returned to the surface under the title "the deal of the century."  With it, all of the portfolios that had not been resolved by negotiations since Oslo and Madrid have been reopened.  What are the ramifications of the U.S. decision on Jerusalem?  How will this decision affect the issues of peace, Jerusalem, refugees, and the two-sate solution?  What are the nature and limits of the roles played by the parties involved in the arrangements of this "deal of the century"?

Background and context for readers:

• General history of conflict: here. 
• Trump's decision to move the U.S. embassy to Jerusalem: here.
• Palestinian cause:  here.
• Deal of the century: here, here, here, and here.
• Oslo accords of 1993: here.
• Madrid conference of 1991: here.
• Arab Peace Initiative of March 2002: here.
• Two-state solution: here.
• Jewish settlements in the West Bank: here.
• Recent developments: here.

Speakers:

• Ilan Pappe, Director of the European Centre for Palestine Studies at the University of Exeter.
• Mohsen Saleh, Director General of Al-Zaytouna Center for Studies in Beruit.
• Hani Al-Masri, Director General and Co-Founder of the Palestinian center for Policy Research and Strategic Studies (Masarat).
• Sari Orabi, Writer and Researcher in Arab and Islamic Affairs (via satellite).
• Ibrahim Fraihat, Professor on International Conflict Resolution at the Doha Institute for Graduate Studies and Georgetown University.

Key points:

Ilan Pappe:  Anything new in US policy?  If so, how is it significant?  Speaker does not see Trump move as a significant deviation from prior policy.  US Policy is based on three principles:

• The US is the only possible mediator.
• The US is a biased broker for peace.
• Any two-state solution is the one envisioned by Israel.
• No capital for Palestine in Jerusalem.
• No right of return.
• Israeli control. 

US agrees that international law applies, but then accepts colonization of the West Bank. It now recognizes violations of international law, but needs to protect Israel. 

US embassy move is a symbolic burial of the two-state solution that has been dead for many years.  It is OK to bury an idea that does not work.  May end US hegemony of policy.

Is it good?  No, very dangerous.  Will lead to unrest in Gaza, ongoing colonization, and increased Palestinian suffering.

But, embassy move and its underlying policy could create new opportunities.

US policy misinterprets the real reason for the conflict:

• Zionism underlies the settler colonial movement.
• Must eliminate indigenous population.
• Must eliminate their political power.

US has not dealt with the essence of the situation.  Afraid to be called anti-Semitic.

Real solution lies in a one-state system with combined democratic system.

• Will take time to achieve.
• Use the South African model against apartheid.
• 50 percent of Palestinians are younger than 17.
• Women can play a bigger role, too. 

Mohsen Saleh: "Strategy of reviving a dead horse."  No benefit.  Horse is dead.  Alternative: Dismount; leave.

Oslo accords failed.  Palestinian authority (PA) serves the interests of the occupier.  "Five star colonial rule."  Cannot do anything for the Palestinian people. Israel has control of the West Bank with 800,000 settlers.  Framework lost its value.

Trump move settles the question for all in favor of Israelis.  Reflects weak leadership in the PA and Arab world.  PLO is marginalized.  No development for 25 years.

Helpless against "deal of the century."  Other Arab leaders focusing resources on other issues.  

"Deal" is a revision of prior strategy.  Pathway included normalization of relations with Arab nations.

Marketed as a business deal, but peace without meeting the demands of  Palestinians about sovereignty.  Does not meet minimum demands of Palestinians, so deal must be imposed by force.

240 projects over 70 years tried to be imposed on Palestinians.  They also failed.  This one will, too, without rebuilding of Palestinian leadership role.

Do not expect Trump to impose his will.  Palestinians should stand firm.  Accept sacrifices on long road to social justice. 

Hani Al-Masri:  "Deal" not presented officially.  Is an adoption of the Israeli view.  Does not reflect the needs of Palestinians.

Some settlements will be removed.  But, do not dismiss Palestinian state.  [My notes on the next statements are poor.] Discussing some sort of autonomy with Gaza as the head of Palestinian power.  Ramala and PA imposing will on Gaza and thereby liquidating Palestinian opposition by Hamas.

Need agreement on national agenda for Palestinians.  Need to find reconciliation among factions.

Palestinians in a strategic defensive position, not a strategic balance.

Palestinians should try to benefit from multi-polar situation with Russia and China creating counter-weights to US influence in region. 

All Palestinian factions reject the Trump deal. "Poison in the honey" has no benefit.

Without political partnership, Hamas cannot go further. 

Sari Orabi:  Trump is creating an investment/carrot environment.  

Israel feels heat of Arab public opinion, even if Arab states are normalizing relations.  Public wants to live in dignity in their own countries.

"Deal" will likely fail.

Rejection by the PA likely, but not sure if unity exists among Palestinians.  Gaza can't shoulder responsibility for peaceful protest when Palestinians are divided.  Need national Palestinian reconciliation. 

Ibrahim Fraihat:  Happening at the 100 year anniversary of the Balfour agreement.  Several other countries intend to move their embassies to Jerusalem, including Guatemala, Honduras, Paraguay, and the Czech Republic. 

"Deal" undermines the Arab peace initiative of 2002.  

No point to negotiation over "deal." Israel got what it wanted on a gold tray.

Q&A Session:  Two-state solution assumed a "peace camp" existed inside Israel politics, whose members would negotiate with Palestine.  None existed.  See voting record of Israelis.

Israel has succeeded.  Now need to preserve status quo.

Palestinians would compromise, but it becomes a trap.  

International community does not support a two-state solution, even if its politicians do.

Israel controls all of Palestine.  One-state solution is an apartheid model.  Palestinians face a long struggle to decolonize and democratize region.  A shorter road takes Palestinians to the wrong destiny.

American "deal" does not target Hamas or Fatah, but targets all Palestinians.

Palestinian state can occur with negotiation. 

Week 14: Completing the Last Sections of the Memorandum of Law

Time with my Students is Coming to an End

We have long semesters at Qatar University College of Law.  It means that we are all very exhausted by the last week of the semester.  This year, the Ramadan fast adds another dimension to the challenges of teaching this last week.

I am trying to make it a little easier for students to complete all the sections of the Memorandum of Law that I have taught them to write this semester. They have analyzed the use of the same name, Azul Marine Supply, and a similar trademark in connection with two marine supply shops.  They have used two Qatari trademark cases and several sections of the Qatari code to complete their analysis.  They have listened to and summarized a meeting with the partner, a client interview, and an interview of a confused consumer.  They have learned to brief cases.   They have also learned to conduct legal research in two databases, including Westlaw Gulf.   I have also required them to keep all the handouts in an organized folder.  

This week we will write the Caption, Facts, and Brief Answers of the memo. 

This course challenges students in many ways.  They work across languages and legal cultures.  They struggle with the shift from description to analogic reasoning.  They test my high expectations.  Some try to cheat.  In the end, we teach a skill set and a mindset that I know they will use throughout their careers. 

To my students with nearly perfect attendance records, thank you for you dedication to the course and to your learning.

To my students who turned in all the assignments, bravo!  That alone is a big accomplishment.

To my students who have earned perfect or nearly perfect scores on all the assessments, congratulations on your progress to earning a high grade in the course.

To my students who managed busy lives filled with a job and a family, I admire your time management skills and your desire to get your college degree.

I hope all of you will stop by my office when you are back on campus, either next semester or after graduation.  I want to hear your stories of success.

Know that I care deeply about you and wish you the very best.