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Articles 1 - 8 of 8
Full-Text Articles in Law
Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace
Beyond Imminence: Evolving International Law And Battered Women's Right To Self-Defense, Shana Wallace
Articles by Maurer Faculty
No abstract provided.
Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters
Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters
Articles by Maurer Faculty
A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.
This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum
Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum
Articles by Maurer Faculty
The United States is currently involved in negotiation of the Hague Convention on Exclusive Choice of Court Agreements, which would regulate the enforceability of forum-selection clauses in international contracts. That project - as well as the recent focus in globalization literature on more active judicial management of forum selection - draws attention to one unusual aspect of U.S. jurisdictional law: that dismissal on the basis of forum non conveniens is available even in cases arising out of contracts including negotiated forum selection clauses. This article examines the resulting tension between the right of contract parties to select a forum in …
Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan
Book Review. Journal Of The National Human Rights Commission, India, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler
International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Book Review. From Anarchy To Allottopia, David P. Fidler
Book Review. From Anarchy To Allottopia, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
National Courts, Global Cartels: F. Hoffman-Laroche V. Empagran, S.A., Hannah Buxbaum
Articles by Maurer Faculty
This comment discusses the Supreme Court's recent decision in Hoffman-LaRoche v. Empagran, an action brought by foreign plaintiffs under U.S. antitrust law to recover damages caused by the activities of a global price-fixing cartel. It describes the jurisdictional issues raised by conduct that affects the global market for a particular good, and analyzes the Court's reliance on notions of comity to restrain the reach of U.S. antitrust law. It argues, however, that the decision does not in fact undermine the anti-comity approach adopted in the 1993 Hartford Fire case, as the Court here assumes that the cartel's effects in the …