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Articles 1 - 3 of 3
Full-Text Articles in Law
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn
Zoya's Standing Problem, Or, When Should The Constitution Follow The Flag?, Jeffrey Kahn
Michigan Law Review
Some federal courts have devised a new test of prudential standing that they use to dismiss suits filed by foreign plaintiffs alleging unlawful conduct by American officials abroad, even when these cases involve matters that may have nothing to do with foreign affairs, national security, or terrorism. Rather than decide the case on its merits or dismiss it on any number of legitimate grounds, the complaint is dismissed because the plaintiff lacks a "prior substantial connection" to the United States. I identify and critique this strange but proliferating test of standing. First, it is inconsistent with any theoretical view of …
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan
Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan
Michigan Journal of International Law
This Article attempts to expose and problematize the ideological connections and normative commitments between these theoretical explanations of effectiveness and the pragmatic process-oriented proposals made in the 1990s when the United Nations was searching for ways to renew the discipline of international human rights law while avoiding the dual risks of politicization and Third World normative fragmentation. The liberal theory of effective supranational adjudication was the culmination of decade-long efforts by American liberal internationalists to provide a theoretical basis for and programmatic proposals towards achieving a more "effective" international human rights regime. Their theory aims at structuring the interface between …