Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (15)
- International Law (6)
- Civil Procedure (5)
- Dispute Resolution and Arbitration (4)
- European Law (3)
-
- Law and Politics (3)
- Law and Society (3)
- Public Law and Legal Theory (3)
- Constitutional Law (2)
- Health Law and Policy (2)
- Intellectual Property Law (2)
- Jurisdiction (2)
- Legal Education (2)
- Social and Behavioral Sciences (2)
- Transnational Law (2)
- Administrative Law (1)
- Anthropology (1)
- Business (1)
- Conflict of Laws (1)
- Contracts (1)
- Courts (1)
- Economics (1)
- Family Law (1)
- First Amendment (1)
- Fourth Amendment (1)
- Human Rights Law (1)
- Immigration Law (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- George Washington University Law School (2)
- St. Mary's University (2)
- University of Missouri School of Law (2)
- University of Pennsylvania Carey Law School (2)
-
- University of Pittsburgh School of Law (2)
- Columbia Law School (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- New York Law School (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- University of Kentucky (1)
- University of Massachusetts School of Law (1)
- University of Miami Law School (1)
- Western New England University School of Law (1)
- Publication
-
- Articles (3)
- Faculty Publications (3)
- Scholarly Works (3)
- All Faculty Scholarship (2)
- Faculty Articles (2)
-
- Faculty Scholarship (2)
- GW Law Faculty Publications & Other Works (2)
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Scholarly Articles (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Columbia Center on Sustainable Investment Staff Publications
A new de facto rule has emerged in international investment law that emphasizes and prioritizes investment stability, imposing liability on host governments for a wide range of public interest measures deemed to interfere with “commitments” given to foreign investors by host governments. The arbitral decisions from which this new rule has emanated in treaty-based investment disputes resolve types of claims that have long been familiar to domestic jurisdictions. Yet, as this article uncovers through a comparative law analysis of factually similar cases decided under United States law over roughly the past 200 years, the approaches taken and pronouncements issued by …
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
A Comparison Of The Role Of The Employer In The French And U.S. Health Care Systems, Kathryn L. Moore
Law Faculty Scholarly Articles
The United States is unique among developed nations in its heavy reliance on employment-based health insurance. The United States, however, is not the only nation in which employers play an important role in the financing of health care. Indeed, long before employment-based health insurance became common in the United States, countries with social insurance systems, such as France, Germany, Hungary, and the Czech Republic, provided for the delivery of mandatory social insurance benefits, including health insurance, through the workplace.
This article explores the role of the employer in the health care system in one such country: France. The French health …
Book Review: "Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics)" By Alexander Peukert, Marketa Trimble
Book Review: "Die Gemeinfreiheit: Begriff, Funktion, Dogmatik (The Public Domain: Concept, Function, Dogmatics)" By Alexander Peukert, Marketa Trimble
Scholarly Works
The reviewer considers a recent book by Alexander Peukert, the professor of civil and commercial law who specializes in international intellectual property law at Goethe University in Frankfurt am Main, Germany. Peukert has devoted the book to defining the limits of the public domain – the realm of intellectual activity in which works are free for anyone to use because the works are not protected by intellectual property rights, are protected but the protection has expired, are subject to an exception to the rights under the law, or are unprotected because the owner of the rights chooses not to enforce …
Poisoning The Next Apple? The America Invents Act And Individual Inventors, David S. Abrams, R. Polk Wagner
Poisoning The Next Apple? The America Invents Act And Individual Inventors, David S. Abrams, R. Polk Wagner
All Faculty Scholarship
The Leahy-Smith America Invents Act, the most significant patent law reform effort in two generations, has a dark side: It seems likely to decrease the patenting behavior of small inventors, a category which occupies special significance in American innovation history. In this paper we empirically predict the effects of the major change in the law: a shift in the patent priority rules from the United States’ traditional “first-to-invent” system to the predominant “first-to-file” system. While there has been some theoretical work on this topic, we use the Canadian experience with a similar change as a natural experiment to shed …
Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay
Visiting Room: A Response To Prison Visitation Policies: A Fifty-State Survey, Giovanna Shay
Faculty Scholarship
This Essay responds to Boudin, Stutz & Littman, Prison Visitation Policies: A Fifty State Survey, by placing American visitation policies in a global context. American prison visitation polices are unique among advanced democracies. Other nations, particularly in Western Europe, have far more liberal policies. Prisons in the United Kingdom, Canada, and Finland feature mother/baby units and family visitation centers. In Denmark and Norway, prisoners are granted passes to visit family. These policies encourage visitation. Increased visitation is linked to lower recidivism, so adopting such policies would potentially lower prison populations in the United States. The Essay acknowledges that following …
The New American Privacy, Richard J. Peltz-Steele
The New American Privacy, Richard J. Peltz-Steele
Faculty Publications
Conventional wisdom paints U.S. and European approaches to privacy at irreconcilable odds. But that portrayal overlooks a more nuanced reality of privacy in American law. The free speech imperative of U.S. constitutional law since the civil rights movement shows signs of tarnish. And in areas of law that have escaped constitutionalization, such as fair-use copyright and the freedom of information, developing personality norms resemble European-style balancing. Recent academic and political initiatives on privacy in the United States emphasize subject control and contextual analysis, reflecting popular thinking not so different after all from that which animates Europe’s 1995 directive and 2012 …
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong
Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration And International Investment Arbitration, S. I. Strong
Faculty Publications
For many years, courts, commentators and counsel agreed that 28 U.S.C. §1782 – a somewhat extraordinary procedural device that allows U.S. courts to order discovery in the United States “for use in a proceeding in a foreign or international tribunal” – did not apply to disputes involving international arbitration. However, that presumption has come under challenge in recent years, particularly in the realm of investment arbitration, where the Chevron-Ecuador dispute has made Section 1782 requests a commonplace procedure. This Article takes a rigorous look at both the history and the future of Section 1782 in international arbitration, taking care to …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth G. Thornburg, Erik S. Knutsen, Carla Crifo, Camille Cameron
Faculty Journal Articles and Book Chapters
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …
“One Size Can Fit All” – On The Mass Production Of Legal Transplants, Ralf Michaels
“One Size Can Fit All” – On The Mass Production Of Legal Transplants, Ralf Michaels
Faculty Scholarship
Law reformers like the World Bank sometimes suggest that optimal legal rules and institutions can be recognized and then be recommended for law reform in every country in the world. Comparative lawyers have long been skeptical of such views. They point out that both laws and social problems are context-specific. What works in one context may fail in another. Instead of “one size fits all,” they suggest tailormade solutions.
I challenge this view. Drawing on a comparison with IKEA’s global marketing strategy, I suggest that “one size fits all” can sometimes be not only a successful law reform strategy, but …
Fukushima: Catastrophe, Compensation, And Justice In Japan, Eric Feldman
Fukushima: Catastrophe, Compensation, And Justice In Japan, Eric Feldman
All Faculty Scholarship
Well before the Fukushima disaster of March 11, 2011, governments in the developed world struggled with victim compensation in cases of environmental contamination, harms caused by pharmaceutical products, terrorist attacks, and more. All of those are important precedents to Fukushima, but none of them approach the breadth of harms resulting from the triple disaster of huge earthquake, massive tsunami, and nuclear meltdown now known in Japan as 3/11. With close to 20,000 people dead or missing, one million homes fully destroyed or seriously damaged, and 100,000 people displaced, getting those whose lives were affected by the events in Fukushima back …
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik S. Knutsen, Carla Crifo', Camille Cameron
A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik S. Knutsen, Carla Crifo', Camille Cameron
Articles, Book Chapters, & Popular Press
This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …
Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López
Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López
Articles
No abstract provided.
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
Faculty Publications
“American exceptionalism” has been used to reference the United States’ outlier policies in various contexts, including its love for litigation. Despite Americans’ reverence for their “day in court,” their zest for contractual freedom and efficiency has prevailed to result in U.S. courts’ strict enforcement of arbitration provisions in both business-to-business (“B2B”) and business-to-consumer (“B2C”) contracts. This is exceptional because although most of the world joins the United States in generally enforcing B2B arbitration under the New York Convention, many other countries refuse or strictly limit arbitration enforcement in B2C relationships due to concerns regarding power imbalances and public enforcement of …
The Cisg After A Generation (Book Review), Vincent R. Johnson
The Cisg After A Generation (Book Review), Vincent R. Johnson
Faculty Articles
Contracts for the International Sale of Goods, by Franco Ferrari, is a well-conceived and executed reference work. It is a valuable addition to scholarship focused on the 1980 United Nations Convention on the Law Applicable to Contracts for the International Sale of Goods (“CISG”).
In this work, Ferrari tracks the most important features of the CISG. Ferrari provides a brief history of the development and ratification of the CISG, careful consideration of the Convention’s sphere of applicability, its exclusions, and its broad deference to party autonomy. He then addresses two issues of recurring importance, namely those arising from disputes relating …
The Rule Of Law In China And The Prosecution Of Li Zhuang, Vincent R. Johnson, Stephen C. Loomis
The Rule Of Law In China And The Prosecution Of Li Zhuang, Vincent R. Johnson, Stephen C. Loomis
Faculty Articles
The rule of law is a philosophical concept, an ideal against which any legal system can be measured. Whether China adheres to the rule of law is critical not only to people in China but also to other nations that look to China for leadership. Serious questions can be raised about whether the recent Chongqing da hei fell short of compliance with the rule of law in the criminal law field. This article considers the Li Zhuang case from a comparative perspective rooted in legal principles that resonate cross-culturally. The article recounts the recent development of a new Chinese legal …
Law, Language, Crime, And Culture: The Value And Risks Of Comparative Law, Christopher L. Blakesley
Law, Language, Crime, And Culture: The Value And Risks Of Comparative Law, Christopher L. Blakesley
Scholarly Works
Words, language, culture, and literature are so important to us human beings that it should come as little surprise that they are part of our law. This article considers language and law in general with a focus on issues of criminal justice, both domestic and international. I examine how and why comparative law is valuable in a criminal procedure course, and generally for domestic and international criminal justice. My examination begins by looking back to our common roots in crime, punishment, and expiation, with a special focus on the role of torture and its impact on current criminal justice systems. …
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
Scholarly Works
U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum provisions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over social …
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Articles & Chapters
This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
Reconciling Personal Information In The United States And European Union, Daniel J. Solove, Paul M. Schwartz
GW Law Faculty Publications & Other Works
US and EU privacy law diverge greatly. At the foundational level, they diverge in their underlying philosophy: In the US, privacy law focuses on redressing consumer harm and balancing privacy with efficient commercial transactions. In the EU, privacy is hailed as a fundamental right that trumps other interests. Even at the threshold level - determining what information is covered by the regulation - the US and EU differ significantly. The existence of personal information - commonly referred to as “personally identifiable information” (PII) - is the trigger for when privacy laws apply. PII is defined quite differently in US and …
Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami
Rethinking The Legal Foundations Of The European Constitutional Order: The Lessons Of The New Historical Research, Francesca Bignami
GW Law Faculty Publications & Other Works
This essay examines the implications of new historical research on the origins of EU law for legal theory. Based on a review of the recent work of Morten Rasmussen, Bill Davies, Anne Boerger-de Smedt, Karin van Leeuwen, and Alexandre Bernier, the essay demonstrates how this historical research improves our understanding of two important themes in comparative law—comparative legal traditions and legal transplants. By examining the legal actors in different jurisdictions responsible for building an area of public law—the economic law of the fledgling European Communities—the new historical research contributes to the legal traditions literature on legal elites, which has traditionally …
Challenges To Forum Non Conveniens, Ronald A. Brand
Challenges To Forum Non Conveniens, Ronald A. Brand
Articles
This paper was originally prepared for a Panel on Regulating Forum Shopping: Courts’ Use of Forum Non Conveniens in Transnational Litigation at the 18th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: Tug of War: The Tension Between Regulation and International Cooperation, held at New York University School of Law, October 25, 2012. The doctrines of forum non conveniens and lis alibi pendens have marked a significant difference in approach to parallel litigation in the common law and civil law worlds, respectively. The forum non conveniens doctrine has recently taken a beating. This has come (1) in …
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Federal Judicial Center International Litigation Guide: Recognition And Enforcement Of Foreign Judgments, Ronald A. Brand
Articles
This publication was prepared for the U.S. Federal Judicial Center as a guide for Federal Judges on the recognition and enforcement of foreign judgments. It covers applicable law in federal courts, the issues raised when a foreign judgments recognition case, grounds for non-recognition (and their sources in the law), and recent developments that may affect future adjustments in the rules. The law in those states that have adopted one of the Uniform Acts is covered, as is the law in states that remain under a common law system for recognition and enforcement of judgments. Also covered is the 2005 Hague …
Egypt's New Constitution: The Islamist Difference, Lama Abu-Odeh
Egypt's New Constitution: The Islamist Difference, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The paper discusses the distributional impact of the rules of the new Egyptian constitution (2012). It specifically addresses the way such rules, substantive and (potentially) procedural, can influence Egyptian law's identity and the underlying relations between the state and individuals and among individuals themselves that such identity implies.