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Articles 1 - 3 of 3
Full-Text Articles in Transnational Law
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
The Lotus Principle In Icj Jurisprudence: Was The Ship Ever Afloat?, Hugh Handeyside
Michigan Journal of International Law
But Lotus has perhaps drawn as much criticism as affirmation. Ian Brownlie observes that "[i]n most respects the Judgment of the Court is unhelpful in its approach to the principles of jurisdiction, and its pronouncements are characterized by vagueness and generality." Nor does there appear to be any clear consensus on the decision's core holdings; in fact, commentators have read the decision in alarmingly divergent ways. This Note avoids the legal cacophony surrounding the specific holdings of the Lotus decision, focusing instead on the Lotus principle. Scholars have persistently (and often uncritically) taken the Lotus principle at face value, citing …
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Constitutional Limits On Extraterritorial Jurisdiction: Terrorism And The Intersection Of National And International Law, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
This Article addresses the possible constitutional limits on the ability of the United States to project and apply extraterritorially its criminal laws and, in particular, its anti-terror laws. Although plainly central to exceedingly urgent and important issues presently facing the United States, this topic has been under-treated in academic commentary and muddled in the courts. Yet its analysis pits U.S. sovereignty and prevailing efforts to combat dangerous criminal activity beyond our borders squarely against principles of limited government and individual rights: What sources of lawmaking authority empower Congress to project U.S. law abroad? Does the Constitution protect individual defendants against …
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
Articles
A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …