A Chink in the Armor: How a Uniform Approach to Proportionality Analysis Can End the Use of Human Sh
The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and...
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- Nov 28, 2012
The Grass Is Always Greener: Keystone XL, Transboundary Harms, and Guidelines for Cooperative Envir
While general understanding of environmental harms has become more geographically sophisticated, environmental-impact assessment (EIA)...
- Nov 28, 2012
Dynamics of Healthcare Reform: Bitter Pills Old and New
The United States is at a crossroads—albeit one it has visited several times before. Although the Supreme Court has ruled upon the...
- Nov 28, 2012
Judicial Review of Constitutional Transitions: War and Peace and Other Sundry Matters
Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive’s authority is...
- Nov 28, 2012
Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in M
Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited...
- Nov 2, 2012
Reconsidering the U.S. Patent System: Lessons from Generics
Scholars and pharmaceutical industry representatives consider the United States a worldwide leader in pharmaceutical innovation. However,...
- Nov 2, 2012
Imagining the Homeland from Afar: Community and Peoplehood in the Age of the Diaspora
Diasporas—understood as groups of individuals or communities who carry an image of a homeland that is separate from the host land in...
- Nov 2, 2012
Microinvestment Disputes
Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that...
- Nov 2, 2012
Recovering Protection and Security: The Treaty Standard’s Obscure Origins, Forgotten Meaning, and Ke
Among the most persistent controversies in international investment law is the nature of the “protection and security” standard found in...
- Nov 2, 2012
Arbitration of Trust Disputes: Two Bodies of Law Collide
Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy,...
- Nov 2, 2012
2012 Jonathan I. Charney Lecture: Reflections from the International Criminal Court Prosecutor
#2012JonathanICharneyLecture #InternationalCriminalCourt #RomeStatute
- Jun 13, 2012
Piercing the Veil of Secrecy: Securing Effective Exchange of Information to Remedy the Harmful Effec
The enforcement of tax laws abroad has long posed problems for authorities. However, that enforcement becomes increasingly more...
- Jun 13, 2012
To Break Free from Tyranny and Oppression: Proposing a Model for a Remedial Right to Secession in th
Too often states have invoked territorial integrity and nonintervention in defending abuses perpetrated against peoples within their...
- Jun 13, 2012
Signal and Affirm: How the United Nations Should Articulate the Right to Remedial Secession
In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The...
- Jun 8, 2012
The Psychic Costs of Violating Corruption Laws
Understanding corruption is imperative for legal scholarship, both as an intellectual subject and because corruption impedes the...
- Jun 8, 2012
Brown Abroad: An Empirical Analysis of Foreign Judicial Citation and the Metaphor of Cosmopolitan Co
This Article generates a data set (twelve courts and thirty-two decisions) of foreign judicial citations to the landmark U.S. Supreme...
- Jun 8, 2012
Japan’s Love for Derivative Actions: Irrational Behavior and Non-Economic Motives as Rational
Not long ago, there was a consensus in the legal academy that the Japanese were irrational litigants. As the theory went, Japanese people...
- Jun 8, 2012
Law and Development as Anti-Comparative Law
This Article asserts that during the twentieth century, American law has predominantly structured its relationship to foreign legal...
- Jun 8, 2012
Promises of Leniency: Whether Companies Should Self-Disclose Violations of the Foreign Corrupt Pract
Over the last ten years, the Department of Justice (DOJ) has prosecuted an increasing number of Foreign Corrupt Practices Act (FCPA)...
- Jun 8, 2012
A Complementarity Conundrum: International Criminal Enforcement in the Mexican Drug War
Drug-related violence in Mexico has claimed over 34,000 lives since Mexican President Felipe Calderón initiated his crackdown on Mexico’s...
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