Jan 8, 2014Expanding the Vienna Convention on Consular Relations: Protecting Children by Protecting Their ParenArticle 37 of the Vienna Convention on Consular Relations (VCCR) aims to protect the interests of foreign national children by requiring consular notificatio...
Jan 8, 2014220 Years Later and the Commonwealth Is Still Imposing Laws on the United States: A Comparative LookThe United States has been combating the bribery of foreign officials for 35 years through the Foreign Corrupt Practices Act (FCPA). Both domestic and intern...
Jan 8, 2014Optimal AsylumThe U.S. asylum system is noble but flawed. Scholars have long recognized that asylum is a “scarce” political resource, but U.S. law persists in distributing...
Jan 8, 2014Geography and Justice: Why Prison Location Matters in U.S. and International Theories of Criminal PuThis Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly lit...
Jan 8, 2014Defending Democracy: A New Understanding of the Party-Banning PhenomenonRecent years have witnessed a growing tendency among established democracies to battle political extremism by banning extremist parties. This Article explore...
Jan 8, 2014Plain Packaging and the Interpretation of the TRIPS AgreementPlain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law is...
Nov 8, 2013Cognitive Conflicts and the Making of International Law: From Empirical Concord to Conceptual DiscorIt has long been claimed that international lawmaking has grown pluralized in the sense that it has allegedly moved away from the traditional Westphalian and...
Nov 8, 2013Reverse-Rhetorical Entrapment: Naming and Shaming as a Two-Way StreetThis Article argues that, rather than being mere targets, governments can and do engage in “reverse rhetorical entrapment,” thus shaping the strategies of hu...
Nov 8, 2013Lawyers and PrecedentAny account of international law that does not explain the role of lawyers will necessarily be deficient. This is particularly the case with regard to the my...
Nov 8, 2013Blood Diamonds and Non-State ActorsThe Kimberley Process did not end the major diamond wars, but it entirely changed the way the trade in rough diamonds was managed and reported. It made large...
Nov 8, 2013Constraining Targeting in Noninternational Armed Conflicts: Safe Conduct for Combatants Conducting IMargulies newSome evidence suggests that informal negotiators have been either targeted or become collateral damage in U.S. drone strikes. This evidence migh...
Nov 8, 2013Constraining Global Corporate Power: A Short IntroductionThis Essay sets out three models of institutional constraint of global corporate power. First is private lawmaking, in which the non-state power of firms is ...
May 29, 2013Is 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. Once a fleeting dream...
May 29, 2013Solving “The Gravest Natural Resource Shortage You’ve Never Heard Of:” Applying Transnational New GoExperts believe that global reserves of phosphates, an essential and irreplaceable ingredient in fertilizers, will only last another fifty to one hundred yea...
May 29, 2013A Behavioral Economic Approach to Nuclear Disarmament AdvocacyNuclear disarmament advocates have provided a strong moral voice for the total disarmament of nuclear weapons, but if they are to remain credible participant...
May 29, 2013Losing the Forest for the Trees: Syria, Law, and the Pragmatics of Conflict RecognitionThe situation in Syria has the potential to become a pivotal moment in the development of the law of armed conflict (LOAC). The ongoing brutality serves as a...
May 29, 2013Proportionality in Military Force at War’s Multiple Levels: Averting Civilian Casualties vs. SafeguTo what lengths may a state go to protect its soldiers in war? May it design its military operations to further that goal if this significantly increases civ...
May 29, 2013Civil Actions for Acts that Are Valid According to Religious Family Law but Harm Women’s Rights: LegThis Article analyzes the implications of legal pluralism when religious family law conflicts with state civil tort law. Refusal to grant a get (a Jewish div...
Apr 11, 2013International Student Athletes and NCAA Amateurism: Setting an Equitable Standard for Eligibility afThe United States is often called the land of opportunity. In many ways it has proven so, but this is not always the case. International student athletes are...
Apr 11, 2013Towards a Declaratory School of Government RecognitionRecognition of governments has historically been a political matter. Governments could choose to recognize or not to recognize any other government, free fro...
