Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen Jan 2002

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen

Scholarly Works

The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA …


Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr. Jan 2002

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum Jan 2002

Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum

Articles by Maurer Faculty

No abstract provided.


Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand Jan 2002

Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand

Articles

This essay proposes that an understanding of original concepts of sovereignty both helps explain twentieth century developments in international law and provides a proper context for coming changes in the ways in which persons relate to states, states relate to states within the international legal system, and ultimately and most importantly-the way international law affects and applies to persons. The most important developments in international law in the new century are likely not to be in state-state relationships but rather in the status and rights of the person in international law. The twentieth century process of globalization brought us back …


Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown Jan 2002

Black Internationalism: Embracing An Economic Paradigm, Jeffery M. Brown

Journal Publications

The seemingly inexorable march toward a more unified political and economic world order poses strategic and leadership challenges to States, international organizations, and local activists unimaginable a generation ago. Supporters of this process argue that easing international economic regulatory restrictions, creating a more predictable legal order, and liberalizing investment standards will benefit the global economy by rendering financial transactions more efficient, thereby increasing trade and investment opportunities. Globalization poses important conceptual challenges to international law and international trade scholars committed to defending local interests and historically marginalized people against the perceived adverse effects of accelerated global economic expansion. Critics argue …


The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth Jan 2002

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum Jan 2002

Conflict Of Economic Laws: From Sovereignty To Substance, Hannah Buxbaum

Articles by Maurer Faculty

This article examines how the globalization of economic markets, and attendant changes in international regulatory strategies, challenge the traditional framework of private international law. It examines a variety of developments in the areas of securities, antitrust, and bankruptcy law, analyzing the ways in which they undermine the conception of regulatory power as grounded in the territorial authority of sovereign states. Specifically, the article argues that these changes reflect a shift in conflicts jurisprudence away from the traditional jurisdiction-selecting model and toward a substance-based model, in which a state's economic policy interests can be protected simply through assurance that the substance …


Cartography Of Governance: An Introduction, Lakshman D. Guruswamy Jan 2002

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Publications

No abstract provided.