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Full-Text Articles in International Law
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
University of Massachusetts Law Review
Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in …
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
University of Massachusetts Law Review
The Ebola virus and its now infamous 2014 West African outbreak have constituted the deadliest and most terrifying epidemic of recent memory. Not only does the epidemic now carry an already ghastly backdrop in the public mind when discussions around it begin, but, like the AIDS epidemic, cultural practices have contributed to the entrenchment of Ebola in Africa, compounded by weak human rights laws and stigmatization, all of these factors having contributed to the multi-faceted and complex nature of addressing the problem of eliminating this disease in Africa. This article examines the African countries that have been plagued by the …
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Carpenter Privacy Case Vexes Justices, While Tech Giant Microsoft Battles Government In Second U.S. Supreme Court Privacy Case With International Implications, Richard J. Peltz-Steele
Faculty Publications
Fall 2017 saw a major privacy case with international implications reach the U.S. Supreme Court this term, Carpenter v. United States. Now a second such case pits the Government against Big Tech in United States v. Microsoft. Carpenter is a criminal case involving federal seizure of cell phone location data from service providers. Arising under the “reasonable grounds” provision of the Stored Communications Act (SCA), the case accentuates Americans’ lack of constitutional protection for personal data in third-party hands, in contrast with emerging global privacy norms. The second major privacy case headed for Supreme Court decision in 2018 also arises …
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
University of Massachusetts Law Review
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the “terror” judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American …