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International Law’s Mixed Heritage: A Common/Civil Law Jurisdiction
This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international...
Jul 20, 2012
Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Pe
This Article explores the concept of “indigenous sovereignty” against the backdrop of the resurgence of indigenous peoples as actors in...
Jul 20, 2012
Dubai or not Dubai?: A Review of Foreign Investment and Acquisition Laws in the U.S. and Canada
The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be...
Jul 20, 2012
Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France
In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily...
Jul 20, 2012
Law Triangle: Arbitrating International Reinsurance Disputes Under the New York Convention, the McCa
The McCarran–Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry. States...
Jul 20, 2012
Testing Japan’s Convictions: The Lay Judge System and the Rights of Criminal Defendants
Japan has endured considerable international and domestic criticism over the way its criminal justice system treats criminal defendants. ...
Jul 20, 2012
Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings
A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant...
Jul 20, 2012
The Un-Exceptionalism of U.S. Exceptionalism
This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal...
Jul 20, 2012
Can We Talk? Overcoming Barriers to Mediating Private Transborder Commercial Disputes in the America
This Article examines cognitive and cultural barriers creating the relatively infrequent use of mediation to resolve private, transborder...
Jul 20, 2012
You Get What You Pay For?: Rethinking U.S. Organ Procurement Policy in Light of Foreign Models
The U.S. organ transplant system is in crisis due to the paucity of transplantable organs. Such a shortage exists because otherwise...
Jul 11, 2012
Advertising Obesity: Can the U.S. Follow the Lead of the UK in Limiting Television Marketing of Unhe
Childhood obesity has tripled in the U.S. since the 1970s, and television advertisement of unhealthy foods has been linked to the...
Jul 11, 2012
Non-Refoulement: The Search for a Consistent Interpretation of Article 33
The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of...
Jul 11, 2012
Legal Aspects of Prior Informed Consent on Access to Genetic Resources: An Analysis of Global Lawmak
Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS)...
Jul 11, 2012
Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict
Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the...
Jul 11, 2012
Fighting Against Biopiracy: Does the Obligation to Disclose in Patent Applications Truly Help?
In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge...
Jul 11, 2012
The Kosovo Crisis: A Dostoievskian Dialogue on International Law, Statecraft, and Soulcraft
The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of “constitutional” dimensions...
Jul 11, 2012
Enforcing Human Rights in U.S. Courts and Abroad: The Alien Tort Statute and Other Approaches
The 2008 Jonathan I. Charney Lecture in International Law Presented at Vanderbilt University Law School on April 11, 2008 #2008...
Jul 11, 2012
Beyond Economics: The U.S. Recognition of International Financial Reporting Standards as an Internat
A final rule promulgated by the Securities and Exchange Commission (SEC) in 2008 allowing foreign private securities issuers to prepare...
Jul 11, 2012
A Theory of WTO Adjudication: From Empirical Analysis to Biased Rule Development
The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly...
Jul 11, 2012
Striking a Sensible Balance on the Legality of Defensive First Strikes
This Article seeks to develop a clear and sensible legal standard governing defensive first strikes writ large in inter-state conflicts. ...
Jul 11, 2012
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