Notes
1. Introduction (pp. 1 – 8) 1. Abel Meeropol (music and lyrics), “Strange Fruit,” first performed by Billie Holiday at Barney Josephson’s Cafe Society, New York’s first integrated nightclub, in 1939. Song lyrics based on Meeropol’s poem “Bitter Fruit,” (1937). 2. So claimed U.S. District Judge Learned Hand in 1923, who is quoted at length in chapter 6. United States v. Garsson. 291 F. 646, 649 (1923). 3. As of December 12, 2006, 69 nations were retentionist, while 128 nations were abolitionist in law or in practice. Of the latter, 88 were abolitionist for all crimes, 11 for ordinary crimes only, and 29 were abolitionist in practice. See Amnesty International, at http://webamnesty.org/pages/deathpenalty-countries-eng (accessed on 23 February 2007). 4. As of October 5, 2006, 120 foreign nationals, representing 32 di=erent countries, were under sentence of death in the United States. Mark Warren, Death Penalty Information Center, http://www.deathpenaltyinfo.org/article.php?did=198&scid=31 #Reported-DROW (accessed December 3, 2006). 5. Daniel Klau, “Appellate Activism May Help Free the Innocent,” Connecticut Law Tribune, vol. 27, no. 34 (2001): 18. 6. Sandra Day O’Connor, J., Concurring. Herrera v. Collins, 506 US 390 (1993). 7. Walter Schwimmer, “Death Penalty in U.S. Must Be Rethought,” International Herald Tribune, January 25, 2001, http://www.iht.com/articles/2001/01/25/edwalt.t.php (accessed December 3, 2006). 2. Human Rights and the Erosion of Absolute Sovereignty (pp. 11– 30) 1. William Connolly, The Ethos of Pluralization (Minneapolis: University of Minnesota Press, 1995): 157. 2. Michael R. Fowler and Julie M. Bunck, Law, Power and the Sovereign State (University Park: Penn State University Press, 1995): 151. 3. Michael Joseph Smith, “Sovereignty, Human Rights and Legitimacy in the Post– Cold War World” (1980), http://faculty.virginia.edu/irandhumanrights/mjsonsovty.htm. There is, however, reason to be wary of supposing that appeals to human rights are themselves absolute, and automatically trump other moral claims. See: Joy Gordon, “The Concept of Human Rights: The History and Meaning of its Politicization,” Brooklyn Journal of International Law, vol. 23 (1998): 689, who argues this and suggests alternative models of human rights not committed to such absolutism. See also: Michael Ignatie=, Human Rights and Politics and Idolatry (Brooklyn, N.Y.: Princeton Uni-