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Articles 1 - 26 of 26
Full-Text Articles in Law
Rebuilding Ukraine Will Be Costly. Here's How To Make Putin Pay., Evan Criddle
Rebuilding Ukraine Will Be Costly. Here's How To Make Putin Pay., Evan Criddle
Popular Media
No abstract provided.
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Popular Media
Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Popular Media
No abstract provided.
International Criminal Court Comes Of Age, Nancy Amoury Combs
International Criminal Court Comes Of Age, Nancy Amoury Combs
Popular Media
No abstract provided.
$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton
$314m And Sovereign Immunity Are At Stake In Upcoming High Court Case, Peter B. Rutledge, Amanda W. Newton
Popular Media
The Nov. 7 Supreme Court arguments in Republic of Sudan v. Harrison will implicate issues of civil procedure, sovereign immunity, and statutory interpretation. At stake for the Republic of Sudan is $314 million in Sudanese assets. More broadly, however, the court’s decision could have ramifications for any nation, including the United States, that enjoys sovereign immunity.
To Understand Us V. Microsoft, Consider 'Acme V. Shamrock', Peter B. Rutledge, Amanda W. Newton
To Understand Us V. Microsoft, Consider 'Acme V. Shamrock', Peter B. Rutledge, Amanda W. Newton
Popular Media
The February 27, 2018, Supreme Court argument in United States v. Microsoft Corp. raises profound questions about issues of executive power, corporate governance, technology, judicial power and international affairs. At stake for the government is the scope of its investigative authority to obtain information located in a foreign country, irrespective of that country’s laws. At stake for Microsoft is its ability to organize its international corporate affairs and the predictability of the laws that will govern those affairs. This article analyzes the potential effects of this critical Supreme Court case.
Interauthority Relationships, Michael S. Green
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Popular Media
Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.
International Law And Dworkin's Legal Monism, Michael S. Green
International Law And Dworkin's Legal Monism, Michael S. Green
Popular Media
No abstract provided.
Responsibility To Protect, Libya To Japan, Linda A. Malone
Responsibility To Protect, Libya To Japan, Linda A. Malone
Popular Media
No abstract provided.
When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs
When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs
Popular Media
Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.
Fact-Finding Without Facts, Nancy Amoury Combs
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green
Popular Media
No abstract provided.
Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang
Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang
Popular Media
No abstract provided.
Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord
Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord
Popular Media
No abstract provided.
Case Selection In Three Supreme Courts: A Comparative Perspective, J. Randy Beck, Anna Nagaeva
Case Selection In Three Supreme Courts: A Comparative Perspective, J. Randy Beck, Anna Nagaeva
Popular Media
This paper brings a comparative perspective to an important procedural issue faced in many judicial systems. It examines the exercise of the power of case selection in three supreme courts that have each been given some degree of control over whether to accept particular cases for review. The focus is on two American courts, the Supreme Court of the United States (USSC) and the Supreme Court of Georgia (GASC), as well as one Russian court, the Supreme Arbitrazh (Commercial) Court of the Russian Federation (SACRF).
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
Popular Media
The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …
Doomed Internationalist, Kenneth Anderson
Doomed Internationalist, Kenneth Anderson
Popular Media
Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
Popular Media
No abstract provided.
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Popular Media
The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Annan Leaves Door Open For U.S. Action, Alan J. Meese
Popular Media
No abstract provided.
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone
Popular Media
No abstract provided.
Trying To Try Sharon, Linda A. Malone
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Words Not War: A Letter From The Netherlands, Nancy Amoury Combs
Popular Media
A report from Holland, where "the most significant arbitration body in history" has devoted 16 years to mediating legal matters between two hostile nations: the United States and the Republic of Iran.
Book Review Of Armed Conflict In Lebanon 1982: Humanitarian Law In A Real World Setting, Linda A. Malone
Book Review Of Armed Conflict In Lebanon 1982: Humanitarian Law In A Real World Setting, Linda A. Malone
Popular Media
No abstract provided.
The Kahan Report: Justice Denied, Linda A. Malone