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Full-Text Articles in Law
Othering Across Borders, Steven Arrigg Koh
Othering Across Borders, Steven Arrigg Koh
Faculty Scholarship
Our contemporary moment of reckoning presents an opportunity to evaluate racial subordination and structural inequality throughout our three-tiered domestic, transnational, and international criminal law system. In particular, this Essay exposes a pernicious racial dynamic in contemporary U.S. global criminal justice policy, which I call othering across borders. First, this othering may occur when race emboldens political and prosecutorial actors to prosecute foreign defendants. Second, racial animus may undermine U.S. engagement with international criminal legal institutions, specifically the International Criminal Court. This Essay concludes with measures to mitigate such othering.
In Defense Of Territorial Jurisdiction, Cody Jacobs
In Defense Of Territorial Jurisdiction, Cody Jacobs
Faculty Scholarship
As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.
This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Tallinn, Hacking, And Customary International Law, Ahmed Ghappour
Faculty Scholarship
Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.
This essay focuses on one area of state practice where states are already dealing with these issues: the use …
Why Courts Review Arbitral Awards, William W. Park
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 …