Law Commons^™

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Governing The Whole World, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.

Christians And The Military, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This short essay examines the use of conceptual ‘maps’ in the discourse of private international law. By helping us to conceptualize the choices we are faced with, as well as by providing us with a version of the history of private international law, which is supposed to validate that conceptualization, these ‘maps’ have had a – mostly unacknowledged –normative effect on the very identity and operation they purport to describe. Existing maps have been inaccurate in their portrayal of the PIL field and its development, as a more sophisticated historical overview easily shows. The essay concludes by proposing some new …

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …

Compliance With Non-Binding Norms Of Trade And Finance, David Wirth

David A. Wirth

No abstract provided.

Trade And Inequality: Economic Justice And The Developing World, Frank Garcia

Frank J. Garcia

No abstract provided.

The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck

Susan D. Franck

International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article examines the nature of the relationship between the parties and the arbitrators. It then explores how a variety of countries address the issues of arbitrator liability or immunity from the common law, civil law and Islamic law perspectives. The article ultimately recommends the adoption of a qualified immunity standard, which balances the needs for arbitrators to function independently …

Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

The Usefulness Of Which Rawls?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Combating Impunity For International Crimes, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

International Child Custody Jurisdiction And The Uniform Child Custody Jurisdiction And Enforcement Act, Robert G. Spector

Robert G. Spector

No abstract provided.

Symposium Prosecuting Transnational Crimes: Cross-Cultural Insights For The Former Soviet Union, James W. Diehm

James W. Diehm

Responsabilidade Global, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo traz ao leitor, para além de questões meramente processuais, argumentos para justificar a responsabilização das empresas ditas globais por obrigações decorrentes de relação de consumo transnacionais.

This article brings to the reader, in addition to purely procedural issues, arguments to justify the accountability of the so-called global firms for obligations related to transnational relations of consumption.

Polemics: The Concept Of Legalization - Or - The Concept Of Plagiarism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff

Paul Williams

The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Kenneth Anderson

An International Law Institution In Crisis: Rethinking Permanent Neutrality, Brian Havel

Brian Havel

No abstract provided.

Critical Race Theory And International Law: Convergence And Divergence Racing American Foreign Policy, Ruth Gordon

Ruth Gordon

No abstract provided.