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Articles 1 - 30 of 111
Full-Text Articles in Law
A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand
A Hague Parallel Proceedings Convention: Architecture And Features, Paul Herrup, Ronald A. Brand
Articles
In Paul Herrup and Ronald A. Brand, A Hague Convention on Parallel Proceedings, 63 Harvard International Law Journal Online 1(2022), available at https://harvardilj.org/2022/02/a-hague-convention-on-parallel-proceedings/ and https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3894502, we argued that the Hague Conference on Private International Law should not undertake a project to require or prohibit exercise of original jurisdiction in national courts. Rather, the goal of current efforts should be to improve the concentration of parallel litigation in a “better forum,” in order to achieve efficient and complete resolution of disputes in transnational litigation. The Hague Conference is now taking this path. As the Experts Group and Working Group …
Interpretive Entrepreneurs, Melinda (M.J.) Durkee
Interpretive Entrepreneurs, Melinda (M.J.) Durkee
Scholarship@WashULaw
Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of “post hoc” international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs
Investment Treaties, Investor-State Dispute Settlement, And Inequality: How International Investment Treaties Exacerbate Domestic Disparities, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
Over roughly the past four decades, government officials from around the world have been erecting a framework of economic governance with major – but under-appreciated – implications for intra-national inequality. The components of this framework are thousands of bilateral and multilateral treaties designed to protect international investment. In many jurisdictions, the treaties have been concluded without public awareness or scrutiny or even much discussion or analysis by government officials – including those officials responsible for negotiating the agreements(Poulsen 2015) – and without an adequate understanding of how these agreements could affect intra-national inequality. Long imperceptible, the size and power of …
Interstitial Space Law, Melinda (M.J.) Durkee
Interstitial Space Law, Melinda (M.J.) Durkee
Scholarship@WashULaw
Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”
Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …
Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer
Do Self-Reporting Regimes Matter? Evidence From The Convention Against Torture, Beth A. Simmons, Cosette D. Creamer
All Faculty Scholarship
International regulatory agreements depend largely on self-reporting for implementation, yet we know almost nothing about whether or how such mechanisms work. We theorize that self-reporting processes provide information for domestic constituencies, with the potential to create pressure for better compliance. Using original data on state reports submitted to the Committee Against Torture, we demonstrate the influence of this process on the pervasiveness of torture and inhumane treatment. We illustrate the power of self-reporting regimes to mobilize domestic politics through evidence of civil society participation in shadow reporting, media attention, and legislative activity around anti-torture law and practice. This is the …
An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith
William & Mary Environmental Law and Policy Review
The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:
(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;
(b) make increasingly consequential political commitments for the United States on practically any topic;
(c) interpret these obligations and commitments; and
(d) terminate or withdraw from these obligations and commitments.
While others have examined pieces of this …
1874 - The Indian Question, Francis A. Walker
1874 - The Indian Question, Francis A. Walker
US and Indian Relations
This 1874 book consists of two articles previously published in "The North American," April 1873 (The Indian Question), and "The International Review, May 1874 (Indian Citizenship), along with an account of the numbers, locations, and the social and industrial conditions of each important tribe and band of Indians within the United States. The Indian question is divided into two: "What shall be done with the Indian as an obstacle to the national progress? What shall be done with him when, and so far as, he ceases to oppose or obstruct the extension of railways and settlements? …
1907 - Annual Reports Of Department Of Interior For 1906 On Indian Affairs
1907 - Annual Reports Of Department Of Interior For 1906 On Indian Affairs
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1896 - Annual Report Of The Commissioner Of Indian Affairs For 1895
1896 - Annual Report Of The Commissioner Of Indian Affairs For 1895
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1899 - Report Of The Commissioner Of Indian Affairs For 1899, Part 1
1899 - Report Of The Commissioner Of Indian Affairs For 1899, Part 1
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1903 - Report Of The Commissioner Of Indian Affairs For Fiscal Year Ended June 30, 1902, Part 1
1903 - Report Of The Commissioner Of Indian Affairs For Fiscal Year Ended June 30, 1902, Part 1
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1893 - Report Of The Commissioner Of Indian Affairs For 1893
1893 - Report Of The Commissioner Of Indian Affairs For 1893
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1909 - Report Of The Commissioner Of Indian Affairs For 1909
1909 - Report Of The Commissioner Of Indian Affairs For 1909
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 993-1294)
1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 993-1294)
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 493-992)
1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 493-992)
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics. (Pages 493-992 of 1,294)
1865 - Report Of The Commissioner Of Indian Affairs For 1864
1865 - Report Of The Commissioner Of Indian Affairs For 1864
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1865 - Report Of The Commissioner Of Indian Affairs For 1865
1865 - Report Of The Commissioner Of Indian Affairs For 1865
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1870 - Report Of The Commission Of Indian Affairs For 1870
1870 - Report Of The Commission Of Indian Affairs For 1870
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1914 - Report Of The Commissioner Of Indian Affairs For 1913
1914 - Report Of The Commissioner Of Indian Affairs For 1913
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1938 - Report Of The Commissioner Of Indian Affairs For 1938
1938 - Report Of The Commissioner Of Indian Affairs For 1938
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1918 - Report Of The Commissioner Of Indian Affairs For 1918
1918 - Report Of The Commissioner Of Indian Affairs For 1918
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1929 - Report Of The Commissioner Of Indian Affairs For 1929
1929 - Report Of The Commissioner Of Indian Affairs For 1929
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1912 - Report Of The Commissioner Of Indian Affairs For 1911
1912 - Report Of The Commissioner Of Indian Affairs For 1911
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, supplies, finances, and statistics.
1898 - Report Of The Commissioner Of Indian Affairs For 1898
1898 - Report Of The Commissioner Of Indian Affairs For 1898
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1897 - Report Of The Commissioner Of Indian Affairs For 1897
1897 - Report Of The Commissioner Of Indian Affairs For 1897
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1912 - Report Of The Commissioner Of Indian Affairs For 1912
1912 - Report Of The Commissioner Of Indian Affairs For 1912
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.
1901 - Report Of The Commissioner Of Indian Affairs For 1901
1901 - Report Of The Commissioner Of Indian Affairs For 1901
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education
1911 - Report Of The Commissioner Of Indian Affairs For 1910
1911 - Report Of The Commissioner Of Indian Affairs For 1910
US and Indian Relations
Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, supplies, finances, and statistics.