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“Gray Zone” Constitutionalism and the Dilemma of Judicial Independence in Pakistan
Many countries exist in a “gray zone” between authoritarianism and democracy. For countries in this conceptual space—which is...
Feb 12, 2013
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...
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 28, 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
Nov 2, 2012
From Fretting Takeovers to Vetting CFIUS: Finding a Balance in U.S. Policy Regarding Foreign Acquis
Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal...
Oct 16, 2012
Sheldon Kennedy and a Canadian Tragedy Revisited: A Comparative Look at U.S. and Canadian Jurisprude
National Hockey League player Sheldon Kennedy’s 1997 revelation that his award-winning junior hockey coach had molested him for years...
Oct 16, 2012
Two (or Five, or Ten) Heads are Better than One: The Need for an Integrated Effort to International
Election monitoring efforts have a crucial role to play in attaining the goals of self-determination and democratic sovereignty. Yet...
Oct 16, 2012
Toward Facilitating a Voice for Politically Marginalized Minorities and Enhancing Presidential Publi
Residents of underdeveloped countries who belong to ethnic, racial, sexual, and political minorities usually endure relatively...
Oct 16, 2012
Are We There Yet?: Measuring Success of Constitutional Reform
Like many other countries in the world, the United Kingdom has been modernizing its constitutional arrangements. But unlike all other...
Oct 16, 2012
How Should a Court Deal with a Primary Question That the Legislature Seeks to Avoid? The Israeli Con
Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch,...
Oct 16, 2012
The Detainee Treatment Act of 2005: Embodying U.S. Values to Eliminate Detainee Abuse by Civilian Co
The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the...
Sep 21, 2012
Clearing Away the Mist: Suggestions for Developing a Principled Veil Piercing Doctrine in China
It was less than thirty years ago that China stood economically isolated from the rest of the world. Times have certainly changed. Today...
Sep 21, 2012
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