Law Commons^™

Other People's Patriot Acts: Europe's Response To September 11, Kim Lane Scheppele

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After September 11, many countries changed their laws to make it easier to fight terrorism. They did so in part because the United Nations Security Council passed Resolution 1373 under its Chapter VII powers. The resolution required all Members of the United Nations to criminalize terrorism, to prevent their territory from being used to plan or promote terrorism, to crack down on terrorism financing, to tighten up immigration and asylum procedures and to share information about terrorists and terrorist threats with other states. This article examines what happened to the Security Council mandate when it got to Europe by first …

A Realpolitik Defense Of Social Rights, Kim Lane Scheppele

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Social rights are controversial in theory, but many constitutions feature long lists of social rights anyway. But how can poor states ever hope to realize these rights? This article examines the practical bargaining over social rights that occurs when countries go broke and international financial institutions step in to direct internal fiscal affairs. Constitutional Courts can give their own governments leverage in bargaining with the IMF by making strong decisions defending social rights just at those moments. Because of the IMF's commitment to the rule of law, it is hard for the IMF to insist as part of the conditionality …

A War Of Words (In The Hype Of The Palestinian-Israeli Conflict, The Line Between Reality And Propaganda Can Easily Confuse Even The Most Objective Foreign Correspondent), Kenneth Lasson

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Most journalists look at their work and see professional pride, not personal prejudice. Even many of those who do the biased bidding of their employers could be characterized as decent, fair-minded, hard-working. In the Middle East today, however, where the conflict is still largely a war of words, reporters may often miss the forest for the trees. While such a result could be caused by the inherent limitations of their craft - constant deadlines, sometimes severe space restrictions, the pressure to produce dramatic stories - when their inherent political bias are combined with ignorance of broad historical perspectives, the result …

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

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In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

Economic Sustainability And Final Status For Kosovo, Henry H. Perritt Jr.

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No abstract provided.

Final Status For Kosovo And Economic Sustainability, Henry H. Perritt Jr.

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No abstract provided.

Iraq And The Future Of United States Foreign Policy: Failures Of Legitimacy, Henry H. Perritt Jr.

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No abstract provided.

Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.

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No abstract provided.

Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen

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In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …

Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes

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Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …

Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown

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No abstract provided.

Implementing Competition Law In Asia: Using European And U.S. Experience, David J. Gerber

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No abstract provided.

Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber

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No abstract provided.

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

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No abstract provided.

Barely Borders: Issues Of International Law, Bartram Brown

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No abstract provided.

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

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No abstract provided.

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

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No abstract provided.

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

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No abstract provided.

Defending Imminence: From Battered Women To Iraq, Kimberly Kessler Ferzan

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The war against Iraq and nonconfrontational killings by battered women are two recent examples of a more general theoretical problem. The underlying question is when may a defender act in self-defense. While some nineteenth century common law cases vested the rights in the defender, arguing that it was unfair to force her to live in fear, contemporary domestic and international law cast the balance decidedly on the side of the aggressor, by forcing the defender to wait until the aggressor's attack is imminent. The Bush Administration and the battered woman simply ask whether the pendulum swung too far in the …

The Conceptual Jurisprudence Of The German Constitution, William Ewald

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Human Rights And National Security: The Strategic Correlation, William W. Burke-White

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No abstract provided.

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

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The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …

Inside The Black Box: How Should A Sovereign Bankruptcy Regime Be Structured?, Patrick Bolton, David A. Skeel Jr.

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No abstract provided.

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

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Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …