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Full-Text Articles in Law

Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson Jul 2008

Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson

Law and Contemporary Problems

Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.


Climate Change And The Limits Of The Possible, Jedediah Purdy Apr 2008

Climate Change And The Limits Of The Possible, Jedediah Purdy

Duke Environmental Law & Policy Forum

No abstract provided.


Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau Apr 2008

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Duke Journal of Comparative & International Law

No abstract provided.


Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast Apr 2008

Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast

Duke Environmental Law & Policy Forum

No abstract provided.


Delegation Success And Policy Failure: Collective Delegation And The Search For Iraqi Weapons Of Mass Destruction, Michael J. Tierney Jan 2008

Delegation Success And Policy Failure: Collective Delegation And The Search For Iraqi Weapons Of Mass Destruction, Michael J. Tierney

Law and Contemporary Problems

Tierney argues that international delegation can have important consequences, even for powerful states. In particular, he contends that the US delegation of inspection authority to United Nations weapons inspectors and to the International Atomic Energy Association after the Gulf War of 1990-91 entailed significant sovereignty costs by affecting the timing and costliness of the subsequent 2003 US invasion of Iraq. Among other things, he notes that the inspectors' independent behavior made it much more difficult for the US to assemble the type of multilateral coalition that would share the costs as it had in the earlier Gulf War. Tierney also …


Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg Jan 2008

Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg

Law and Contemporary Problems

Goldstein and Steinberg argue that the World Trade Organization Appellate Body has been able to use its authority to engage in judicial lawmaking to reduce trade barriers in ways that would not otherwise have been possible through negotiation. This lawmaking authority was not the result of a purposeful delegation; rather, it was an unintended byproduct of the creation of an underspecified set of rules and procedures. There is nevertheless a high rate of compliance with Appellate Body decisions because decentralized enforcement can induce domestic importers to lobby for trade liberalization. In the US, this judicial lawmaking may also allow the …