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Articles 1 - 17 of 17

Full-Text Articles in Law

Book Reviews And Libel Proceedings, Lori Fisler Damrosch, Bernard H. Oxman, Richard B. Bidler, David D. Caron Jan 2010

Book Reviews And Libel Proceedings, Lori Fisler Damrosch, Bernard H. Oxman, Richard B. Bidler, David D. Caron

Faculty Scholarship

Reviewers or editors to be subjected to criminal proceedings for writing and publishing, in good faith, a review that the author of the reviewed book finds objectionable threatens the important and long-established institution of scholarly book reviewing. Authors of scholarly works are fully aware that their books may be subject to critical scholarly review; know and accept the risk that such reviews may sometimes be disappointing and that reviewers in different journals or venues may reach different assessments of the same work; and understand that publication of a review in a scholarly journal does not imply that the editors either ...


The Alien Tort Statute: An Overview Of The Current Issues, Richard M. Buxbaum, David D. Caron Jan 2010

The Alien Tort Statute: An Overview Of The Current Issues, Richard M. Buxbaum, David D. Caron

Faculty Scholarship

No abstract provided.


Restructuring The Debate On Unauthorized Humanitarian Intervention, Saira Mohamed Jan 2009

Restructuring The Debate On Unauthorized Humanitarian Intervention, Saira Mohamed

Faculty Scholarship

No abstract provided.


International Common Law: The Soft Law Of International Tribunals, Andrew T. Guzman, Timothy L. Meyer Jan 2008

International Common Law: The Soft Law Of International Tribunals, Andrew T. Guzman, Timothy L. Meyer

Faculty Scholarship

The subject of this article lies at the intersection of two institutions states have used during this period of legalization: international tribunals & soft law. We argue that the nature of channeling legal disputes to international tribunals necessarily implicates the use of soft law. In short, decisions of international tribunals interpret binding legal obligations but are not themselves legally binding beyond the particular states & the particular facts before the tribunal. Any further role performed by these decisions is best characterized as soft law. Tribunal rulings can nevertheless influence state behavior by implicating a state's reputation for compliance with international law ...


International Law And The Rise Of China, Eric A. Posner, John Yoo Jan 2006

International Law And The Rise Of China, Eric A. Posner, John Yoo

Faculty Scholarship

The standard example is that of Germany, whose economic and military might increased rapidly after unification in 1871, resulting in expansionist tendencies that were resisted by the status quo powers-France, Great Britain, and the Soviet Union.4 The basic strategic problem for the US is that it must yield to China as China's power increases, but it should not yield too much. Relatively minor incidents-America's accidental bombing of the Chinese Embassy in Belgrade in 1999 and China's capture of an American spy plane in 2001-provoked extreme public reactions in China.5 China's leaders have shown themselves ...


Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo Jan 2006

Counterintuitive: Intelligence Operations And International Law, Glenn Sulmasy, John Yoo

Faculty Scholarship

No abstract provided.


Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo Jan 2005

Judicial Independence In International Tribunals, Eric A. Posner, John C. Yoo

Faculty Scholarship

Some international tribunals, such as the Iran-U.S. claims tribunal and the trade-dispute panels set up under GATT, are "dependent" in the sense that the judges are appointed by the state parties for the purpose of resolving a particular dispute. If the judges do not please the state parties, they will not be used again. Other international tribunals, such as the International Court of Justice, the Inter-American Court of Human Rights, and the new International Criminal Court, are "independent" in the sense that the judges are appointed in advance of any particular dispute and serve fixed terms. The conventional wisdom ...


Reputation And International Law, Andrew T. Guzman Jan 2005

Reputation And International Law, Andrew T. Guzman

Faculty Scholarship

No abstract provided.


Against Foreign Law, Robert J. Delahunty, John Yoo Jan 2005

Against Foreign Law, Robert J. Delahunty, John Yoo

Faculty Scholarship

The article looks at the practice of several U.S. Supreme Court justices who have considered the decisions of foreign and international courts for guidance in interpreting the U.S. constitution. This practice has occurred in several controversial, high profile cases. There are two main reasons to think that use of foreign or international decisions extends beyond mere ornamentation.


The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo Jan 2004

The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo

Faculty Scholarship

Outlines the legal case for denying Geneva Convention protection to Taliban and al Qaeda detainees in the U.S. Difference between U.S. policy towards Iraq detainees and the policy towards Taliban and al Qaeda; Impact of the Geneva Convention on the U.S. goal of effective acquisition of intelligence from the interrogation of detainees; Incentives and disincentives of the enforcement of international law; Comparison of the legal rights of members of al Qaeda and the Taliban militias from professional soldiers; Customary laws governing war combatants and civilians.


International Law And The War In Iraq, John Yoo Jan 2003

International Law And The War In Iraq, John Yoo

Faculty Scholarship

Focuses on the implications of the war in Iraq on international law. Elimination of dangerous threat to international peace and security; Position of the United States as an occupying power.


The Ilc Articles On State Responsiblity: The Paradoxical Relationship Between Form And Authority, David D. Caron Jan 2002

The Ilc Articles On State Responsiblity: The Paradoxical Relationship Between Form And Authority, David D. Caron

Faculty Scholarship

No abstract provided.


War And International Adjudication: Reflections On The 1899 Peace Conference, David D. Caron Jan 2000

War And International Adjudication: Reflections On The 1899 Peace Conference, David D. Caron

Faculty Scholarship

No abstract provided.


Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo Jan 1999

Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo

Faculty Scholarship

Focuses on the role of treaties in regulating domestic affairs. Account of the original understanding of place treaties within the American legal system; Correlation between treaty and legislative power during colonial, revolutionary, Framing Period, and early national periods; Self-executing nature of treaties; Constitutionality of non-self-execution.


The Legitimacy Of The Collective Authority Of The Security Council, David D. Caron Jan 1993

The Legitimacy Of The Collective Authority Of The Security Council, David D. Caron

Faculty Scholarship

Evaluates proposals for reform, including changes in the veto, increasing membership, and conducting open proceedings.


Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron Jan 1990

Protection Of The Stratospheric Ozone Layer And The Structure Of International Environmental Lawmaking, David D. Caron

Faculty Scholarship

No abstract provided.


Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum Jan 1961

Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum

Faculty Scholarship

The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant ...