The Origins and Limits of Originalism: A Comparative Study
In the debate about originalism in the United States, scholars have devoted scant attention to the question whether the United States...
top of page
RECENT PUBLICATIONS
Search
- Jun 15, 2012
The Islamic Rule of Lenity: Judicial Discretion and Legal Canons
This Article explores an area of close parallel between legal doctrines in the contexts of Islamic law and American legal theory. In...
- Jun 13, 2012
Foreign Official Immunity After Samantar: A United States Government Perspective
#Samantar #Symposium #Yousuf
- 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...
- Jun 8, 2012
A Social Psychology Model of the Perceived Legitimacy of International Criminal Courts: Implications
There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international...
- Jun 8, 2012
Toward a Public Enforcement Model for Directors’ Duty of Oversight
This Article proposes a public enforcement model for the fiduciary duties of corporate directors. Under the dominant model of corporate...
- Jun 6, 2012
The Role of International Law in Intrastate Natural Resource Allocation: Sovereignty, Human Rights,
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity...
- Jun 6, 2012
Secular Crosses and the Neutrality of Secularism: Reflections on the Demands of Neutrality and its
This Note discusses analogous themes in two religious public display cases, Lautsi v. Italy, recently decided by the Grand Chamber of the...
- Jun 6, 2012
Plugging the Leak in § 1498: Coercing the United States into Notifying Patent Owners of Government U
When the United States uses a patent for public, noncommercial purposes, it is required under the Agreement on Trade-Related Aspects of...
- Jun 6, 2012
Market-Oriented Subnational Debt Regimes: Empowering the Developing World to Construct Infrastructur
Globally, as national governments continue to decentralize fiscal and governmental responsibility, the sound facilitation of subnational...
- Jun 4, 2012
Lifting the Veil of Secrecy: Judicial Review of Administrative Detentions in the Israeli Supreme Cou
All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from...
- Jun 1, 2012
Enforcing the Nuclear Nonproliferation Regime: The Legality of Preventive Measures
Efforts to limit the proliferation of nuclear weapons and nuclear-weapons-related technology have increasingly involved economic, ...
bottom of page