Expanding the Vienna Convention on Consular Relations: Protecting Children by Protecting Their Paren
Article 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring...
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- Jan 8, 2014
220 Years Later and the Commonwealth Is Still Imposing Laws on the United States: A Comparative Look
The United States has been combating the bribery of foreign officials for 35 years through the Foreign Corrupt Practices Act (FCPA). Both...
- Jan 8, 2014
Optimal Asylum
The U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law...
- Jan 8, 2014
Geography and Justice: Why Prison Location Matters in U.S. and International Theories of Criminal Pu
This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment....
- Jan 8, 2014
Defending Democracy: A New Understanding of the Party-Banning Phenomenon
Recent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties....
- Jan 8, 2014
Plain Packaging and the Interpretation of the TRIPS Agreement
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of...
- Nov 8, 2013
Cognitive Conflicts and the Making of International Law: From Empirical Concord to Conceptual Discor
It has long been claimed that international lawmaking has grown pluralized in the sense that it has allegedly moved away from the...
- Nov 8, 2013
Reverse-Rhetorical Entrapment: Naming and Shaming as a Two-Way Street
This Article argues that, rather than being mere targets, governments can and do engage in “reverse rhetorical entrapment,” thus shaping...
- Nov 8, 2013
Lawyers and Precedent
Any account of international law that does not explain the role of lawyers will necessarily be deficient. This is particularly the case...
- Nov 8, 2013
Blood Diamonds and Non-State Actors
The Kimberley Process did not end the major diamond wars, but it entirely changed the way the trade in rough diamonds was managed and...
- Nov 8, 2013
Constraining Targeting in Noninternational Armed Conflicts: Safe Conduct for Combatants Conducting I
Margulies newSome evidence suggests that informal negotiators have been either targeted or become collateral damage in U.S. drone...
- Nov 8, 2013
Constraining Global Corporate Power: A Short Introduction
This Essay sets out three models of institutional constraint of global corporate power. First is private lawmaking, in which the...
- May 29, 2013
Is Seasteading the High Seas a Legal Possibility? Filling the Gaps in International Sovereignty Law
Seasteading––homesteading of the modern era––is a desire to develop above-water settlements in international waters known as seasteads....
- May 29, 2013
Solving “The Gravest Natural Resource Shortage You’ve Never Heard Of:” Applying Transnational New Go
Experts believe that global reserves of phosphates, an essential and irreplaceable ingredient in fertilizers, will only last another...
- May 29, 2013
A Behavioral Economic Approach to Nuclear Disarmament Advocacy
Nuclear disarmament advocates have provided a strong moral voice for the total disarmament of nuclear weapons, but if they are to remain...
- May 29, 2013
Losing the Forest for the Trees: Syria, Law, and the Pragmatics of Conflict Recognition
The situation in Syria has the potential to become a pivotal moment in the development of the law of armed conflict (LOAC). The ongoing...
- May 29, 2013
Proportionality in Military Force at War’s Multiple Levels: Averting Civilian Casualties vs. Safegu
To what lengths may a state go to protect its soldiers in war? May it design its military operations to further that goal if this...
- May 29, 2013
Civil Actions for Acts that Are Valid According to Religious Family Law but Harm Women’s Rights: Leg
This Article analyzes the implications of legal pluralism when religious family law conflicts with state civil tort law. Refusal to grant...
- Apr 11, 2013
International Student Athletes and NCAA Amateurism: Setting an Equitable Standard for Eligibility af
The United States is often called the land of opportunity. In many ways it has proven so, but this is not always the case. International...
- Apr 11, 2013
Towards a Declaratory School of Government Recognition
Recognition of governments has historically been a political matter. Governments could choose to recognize or not to recognize any other...