Law Commons^™

A Tale Of Two Kadis: Kadi Ii, Kadi V. Geithner & U.S. Counterterrorism Finance Efforts, Douglas Cantwell

National Security Law Program

The European Court of Justice's final decision in Kadi II-Yassin Abdullah Kadi's challenge in Europe to his designation as an international terrorist financier has stimulated significant discussion on the relationship between European and international law. Less attention has been paid to the Kadi II's correlate in US. courts, Kadi v. Geithner, decided in the D.C. Circuit. The varying outcomes in these cases create a "transnational split record" that has implications for reform of multilateral counterterrorism sanctions.

This Note considers the impact of Kadi's legal challenges in the United States and Europe from the perspective of U.S. counterterrorism policy. …

Introduction, George A. Bermann

Faculty Scholarship

As recent pages of this journal and and any other number of indicators would suggest, legal developments in the European Community (EC or Community) have sparked unprecedented interest on the part of the American legal profession. That this journal, five or ten years ago, would have devoted an entire issue to these developments, while not unimaginable, was unlikely. Today, however, changes in the world legal community's focus make the choice of topic seem quite obvious. The question now seems not to be whether or even when to address the Community, but rather what specific areas to address and how to …

The Single European Act: A Constitution For The Community?, George A. Bermann

Faculty Scholarship

If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …