Law Commons^™

Insulating A Wto Investment Facilitation Framework From Isds, George A. Bermann, N. Jansen Calamita, Manjiao Chi, Karl P. Sauvant

Faculty Scholarship

The authors identify several ways in which a WTO investment facilitation framework for development can be insulated from investor-state dispute settlement provisions in international investment agreements, and suggest specific formulations in this respect.

The Administrative Threat To Civil Liberties, Philip A. Hamburger

Faculty Scholarship

Administrative power is the greatest threat to civil liberties in our era. Traditionally, the most systematic threats to civil liberties came in attacks on particular groups, and this remains a problem. But increasingly, there are also broader threats, which affect the civil liberties of all Americans, and administrative power is the primary example of this broad sort of danger. No single development in our legal system deprives more Americans of more constitutional rights. It is therefore not an exaggeration to say that it is our greatest threat to civil liberties.

Private Standards Organizations And Public Law, Peter L. Strauss

Faculty Scholarship

Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …

The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine

Michael P. Van Alstine

This article addresses the absence of the venerable doctrine of good faith interpretation, as well as its companion “liberal interpretation canon,” from modern Supreme Court treaty jurisprudence. Although scholarly accounts suggest that the spirit is still alive, the article demonstrates that the doctrine was silently interred by the Supreme Court early in the last century. From all appearances, the disappearance of good faith from treaty jurisprudence was not by design. Nonetheless, the article demonstrates that even such an unintended drift can have serious negative consequences. In the context of treaty jurisprudence, the consequence of the departure of good faith interpretation …

Le Concept Hartien D’Obligation Juridique, Stephen Utz

Stephen Gerard Utz

Legal Obligations And The Internal Aspect Of Rules, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Fordham Law Review

No abstract provided.

The Legal Profession As A Blue State: Reflections On Public Philosophy, Jurisprudence, And Legal Ethics, Russell G. Pearce

Fordham Law Review

No abstract provided.

Against Interpretive Obligation (To The Supreme Court), Abner S. Greene

Fordham Law Review

No abstract provided.

The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore

Vanderbilt Journal of Transnational Law

The Organization of the Petroleum Exporting Countries (OPEC) stabilizes petroleum prices to promote the economic prosperity of its member nations for which oil is a substantial export. Price stabilization influences the price of petroleum around the world, impacting the economies of developed and developing countries. Under U.S. antitrust jurisprudence, the OPEC quota agreements that stabilize prices would likely be declared illegal, and other countries might also declare price fixing to be illegal under their respective competition laws.

Several U.S. Senators have recently proposed that price fixing should be illegal under international law as well. This Note avoids a superficial analysis …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael P. Scharf

Faculty Publications

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

The Question Of A Duty To Rescue In Canadian Tort Law: An Answer From France, Mitchell Mcinnes

Dalhousie Law Journal

A man witnesses a canoeist drowning a short distance from the shore.2 For over forty minutes the tenants of an apartment complex listen to the tortured screams of a woman being murdered in the streets below.3 A handful of railway employees watch a boy bleed to death for want of medical attention after he was struck by a passing car.4 The owner of a pleasure craft learns that one of his passengers has fallen overboard into an icy lake.' An innocent party to a motor vehicle accident finds that the driver at fault was injured as a result of the …

Politics Across Borders: Nonintervention And Nonforcible Influence Over Domestic Affairs, Lori Fisler Damrosch

Faculty Scholarship

It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.

This article considers the …

Alternative Methodologies In Contemporary Jurisprudence: Comments On Dworkin, Philip E. Soper

Articles

I have two brief points to make. Both involve recent developments in jurisprudence, by which I mean by and large the subject that Ronald Dworkin has just been discussing. Indeed, the first point is little more than an acknowledgement of the debt that is owed to Dworkin, not only for his specific contributions to this field, but for the implications of his work for law teaching generally.

The Parol Evidence Rule And Implied Terms: The Sound Of Silence, Helen Hadjiyannakis

Fordham Law Review

No abstract provided.

College Education As A Legal Necessary, R. Douglas Wrightsel

Vanderbilt Law Review

This note seeks to determine whether a college education is a legal necessary, or perhaps it would be better to say for what purposes it may be necessary. Then we shall consider what consequences may flow from calling it a necessary, and how intelligent legal planning can achieve the most favorable consequences. Controversy over whether a college education is a necessary has centered primarily in two areas. The first major area is the divorce situation in which the court is petitioned to include in the support decree a sum for the college education of the child. The second area involves …

Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review

Michigan Law Review

Deceased was an inmate of an old age home, having paid an entrance fee and signed an entrance contract in which the home reserved the right to discharge inmates at any time without reason upon refund of a proportionate amount of the entrance fee. Deceased lived in the home until his death. He had taken out a policy in a fraternal benefit association whose by-laws provided that "In the event of the death of all beneficiaries named in a certificate . . . the benefits shall be paid . . . [to the] . . . person or persons upon …

Contracts-Effect Of A Stipulation Denying Legal Effect In An Employer's Voluntary Pension, Bonus Or Death Benefit Plan, Grover C. Grismore

Michigan Law Review

It has generally been supposed that where two persons go through the form of offer and acceptance but at the same time mutually agree that their undertakings shall not be legally obligatory, they are not contractually bound. In fact, it has frequently been asserted that the intent to have legal obligation must appear affirmatively before a contract can be found to exist. It may be doubted whether this is so, since it is clear from the decided cases that no showing of such an intention is ever required. The intention to have a contract is invariably assumed to exist in …

Contracts - Effect Of Agreement That Instrument Shall Be Without Legal Effect

Michigan Law Review

Defendant gave one of its employees a certificate stating that in case of the death of the employee while still in defendant's employ, defendant would pay to the beneficiary designated by the employee a stated sum of money. The certificate contained this further provision: "The issue and delivery of this certificate is understood to be purely voluntary and gratuitous on the part of this Company and is accepted with the express understanding that it carries no legal obligation whatsoever or assurance or promise of future employment, and may be withdrawn or discontinued at any time by this company." In a …