Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 65

Full-Text Articles in Law

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen Mar 2004

Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen

All Faculty Scholarship

In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …


Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber Jan 2004

Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber

All Faculty Scholarship

No abstract provided.


Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown Jan 2004

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

All Faculty Scholarship

No abstract provided.


Barely Borders: Issues Of International Law, Bartram Brown Jan 2004

Barely Borders: Issues Of International Law, Bartram Brown

All Faculty Scholarship

No abstract provided.


Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank Jan 2004

Jurisdictional Conflict And Jurisdictional Equilibration: Paths To A Via Media, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Conceptual Jurisprudence Of The German Constitution, William Ewald Jan 2004

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.


Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.


Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White Jan 2003

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

All Faculty Scholarship

No abstract provided.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.


Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

All Faculty Scholarship

No abstract provided.


An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter Jan 2002

An International Constitutional Moment, William W. Burke-White, Anne-Marie Slaughter

All Faculty Scholarship

No abstract provided.


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.


The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown Jan 2001

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

All Faculty Scholarship

No abstract provided.


Conflicting Rights And The Outbreak Of The First World War, Leo Katz Jan 2001

Conflicting Rights And The Outbreak Of The First World War, Leo Katz

All Faculty Scholarship

No abstract provided.


Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi Jan 2001

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.


The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr. Mar 2000

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr. Mar 1999

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown Jan 1999

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

All Faculty Scholarship

No abstract provided.


China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle Jul 1998

China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle

All Faculty Scholarship

No abstract provided.


The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank Apr 1998

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


The Internet Is Changing International Law, Henry H. Perritt Jr. Mar 1998

The Internet Is Changing International Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Nationality And Internationality In International Humanitarian Law, Bartram Brown Jan 1998

Nationality And Internationality In International Humanitarian Law, Bartram Brown

All Faculty Scholarship

No abstract provided.


Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown Jan 1998

Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown

All Faculty Scholarship

No abstract provided.


Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle Jan 1995

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle

All Faculty Scholarship

No abstract provided.


Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire Oakes Finkelstein Jan 1995

Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Developing Countries In The International Trade Order, Bartram Brown Jan 1994

Developing Countries In The International Trade Order, Bartram Brown

All Faculty Scholarship

No abstract provided.


Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber Jan 1993

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.