Digital Commons Network^™

The Local Law Of Global Antitrust, Edward T. Swaine

William & Mary Law Review

No abstract provided.

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler

LLM Theses and Essays

The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel. …

Trying To Try Sharon, Linda A. Malone

Popular Media

No abstract provided.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

Law Faculty Publications

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Reports

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be Punished provides …

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Indian Tribal Recognition: The Historical Evidence Quagmire To Prove Tribal Status, Pilar Thomas

Student Thesis Honors (1996-2008)

The federal government has an elaborate and comprehensive set of regulations to recognize Indian groups as tribes. This administrative process requires exhaustive documentation and considerable scientific analysis to prove that the group can meet seven mandatory criteria. In addition to the administrative process, Congress continues to exercise its authority to legislatively recognize tribes. The author reviews four recognition cases — two legislative and two administrative -to understand the use of historical information and to evaluate differences in results between these two processes. Based on this review, recommendations for changes include incorporation of international law concepts, previously suggested policies, and traditional …

Past Meets Present: Infusing The Tribal Federal Consultation Process With Visions From Encounter Era Diplomacy And Present Day International Instruments, Maureen Hicks

Student Thesis Honors (1996-2008)

This paper will compare the specific procedures and sources of authority of the Federal-Tribal "consultation process". Specifically, Part I and Part II of the paper compares the consultation process during the Encounter era, and as later developed in case law, executive orders, and federal policies. In Part III, the process of U.S. law will be compared with the consultation process as practiced in international law. Specifically; the paper will compare consultation procedures in the World Trade Organization, United Nations, and through international instruments. By comparing the United States consultation process with the consultation process as it exists in the international …

The International Criminal Court: Is The Jurisdiction Over U.S. Military Personnel Too Broad?, Vincent J. Ward

Student Thesis Honors (1996-2008)

Would the average U.S. citizen object to seeing Saddam Hussein or Slobodon Milosevic prosecuted before an international tribunal and punished for human rights abuses against defenseless Kurds in Northern Iraq or oppressed Albanians in Kosovo? On the other hand, would the average U.S. citizen object to seeing a US military commander prosecuted before an international tribunal for human rights violations associated with military operations against Hussein or Milosevic? That is precisely the question that U.S. political leaders are faced with in deciding whether the United States should submit to the jurisdiction of the International Criminal Court ("ICC") by ratifying the …

Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Book Review: International Organizations Before International Courts (2000), Anne E. Burnett

Articles, Chapters and Online Publications

Book review of INTERNATIONAL ORGANIZATIONS BEFORE INTERNATIONAL COURTS, by August Reinisch (Cambridge: Cambridge University Press, 2000).

A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.

William & Mary Law Review

No abstract provided.

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

All Faculty Scholarship

No abstract provided.

Armageddon Through Aggregation: The Use And Abuse Of Class Actions In International Dispute Resolution, Richard O. Faulk

Richard Faulk

A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of justice understood and appreciated by citizens in most democratic states — one which guarantees individual plaintiffs and defendants their “day in court” — is increasingly being sidestepped by procedural rules that allow entrepreneurial lawyers to aggregate claims into massive controversies that are, for all practical purposes, untriable. Although these enormous cases arise in varying formats, they share a single intimidating characteristic: the designed imposition of enormous and intolerable risks which defendants cannot prudently accept by insisting on their “day in court” in a jury trial. …

The World Trade Organization Under Challenge: Democracy And The Law And Politics Of The Wto's Treatment Of Trade And Environmental Matters, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

D. A. Jeremy Telman

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

Just War And Humanitarian Intervention: Comment On The Grotius Lecture By Professor Jean Bethke Elshtain, Michael J. Matheson

American University International Law Review

No abstract provided.

Assault On Sovereignty: The Clear And Present Danger Of The New International Criminal Court, Guy Roberts

American University International Law Review

No abstract provided.

International Legal Regimes And The Incidence Of Interstate War In The Twentieth Century: A Cursory Quantitative Assessment Of The Associative Relationship, William C. Bradford

American University International Law Review

No abstract provided.

Presumption Meets Reality: An Exploration Of The Confidentiality Obligation In International Commercial Arbitration, Alexis C. Brown

American University International Law Review

No abstract provided.

What Happens Next Is Up To You: Human Rights At Risk In Dams And Development, Upendra Baxi

American University International Law Review

No abstract provided.

Introduction: World Commission On Dams Report, Dams And Development, Kader Asmal

American University International Law Review

No abstract provided.

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

American University International Law Review

No abstract provided.

Vietnamese Water Resources Legislation And Legal Regulation Of Dams: Viewed Through The World Commission On Dams' Suggested Policy Framework, Le Thanh Long

American University International Law Review

No abstract provided.

Reservations To The American Convention On Human Rights: A New Approach, Andrés E. Montalvo

American University International Law Review

No abstract provided.

The Inter-American Human Rights System: Activities During 1999 Through October 2000, Richard J. Wilson, Jan Perlin

American University International Law Review

No abstract provided.

The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson

American University International Law Review

No abstract provided.

Foreign Direct Investment In Latin America: Nicaragua - A Case Study, Hunter R. Clark, Amanda Velazquez

American University International Law Review

No abstract provided.

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

American University International Law Review

No abstract provided.

Are The Perpetrators Of Honor Killings Getting Away With Murder? Article 340 Of The Jordanian Penal Code Analyzed Under The Convention On The Elimination Of All Forms Of Discrimination Against Women, Kathryn Christine Arnold

American University International Law Review

No abstract provided.