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Articles 1 - 9 of 9
Full-Text Articles in Legal History
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …
Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman
Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
The Modern American
No abstract provided.
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Modern American
No abstract provided.
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Articles in Law Reviews & Other Academic Journals
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Articles in Law Reviews & Other Academic Journals
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.
In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration, And The Rule Of Law, Susan Franck
Articles in Law Reviews & Other Academic Journals
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …