Law Commons^™

A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters

Articles by Maurer Faculty

Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?

This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …

Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum

Articles by Maurer Faculty

Solutions to the problem of international bankruptcy are generally framed as either universalist (arguing that international bankruptcies should be administered in a single forum) or territorialist (arguing in favor of multiple local bankruptcies). This article seeks to expand this debate by using traditional conflicts theory to examine the problem of cross-border bankruptcy. It analyzes the current regime under which cross-border bankruptcies are administered in U.S. courts, concluding that this regime operates as a multilateralist (jurisdiction-selecting) regime. Concluding that multilateralism is an appropriate method for resolving choice-of-law issues in international insolvency, the article analyzes some possible refinements to the current system. …

Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …