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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 …

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).

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

All Faculty Scholarship

No abstract provided.

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Conflicting Rights And The Outbreak Of The First World War, Leo Katz

All Faculty Scholarship

No abstract provided.

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Faculty Publications

No abstract provided.

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …