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Articles 91 - 94 of 94
Full-Text Articles in Law
Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley
Global Systemic Risk And International Regulatory Coordination: Squaring Sovereignty And Financial Stability, Federico Lupo-Pasini, Ross P. Buckley
American University International Law Review
No abstract provided.
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
Tribal Courts, Non-Indians, And The Right To An Impartial Jury After The 2013 Reauthorization Of Vawa, Cynthia Castillo
American Indian Law Review
No abstract provided.
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
Revisiting Solving Jurisdiction's Social Cost: A Brief Rejoinder To Professor Klerman, Dustin E. Buehler
Revisiting Solving Jurisdiction's Social Cost: A Brief Rejoinder To Professor Klerman, Dustin E. Buehler
Washington Law Review Online
My recent article https://digitalcommons.law.uw.edu/wlr/vol89/iss3/2/">Solving Jurisdiction’s Social Cost examines issues implicated by nonwaivable federal court subject-matter jurisdiction. I argue that courts and commentators are prone to monistic theories of jurisdictional value, failing to consider the full range of interests implicated by jurisdictional rules. I then catalogue the various interests arising from jurisdictional rules. Lastly, I advance several solutions, including early jurisdictional certification orders, a cut-off point for jurisdictional challenges, interlocutory appeals of jurisdictional rulings, and sanctions to deter private-party abuse. Daniel Klerman’s response to my article is articulate, well-reasoned, and persuasive. Among other contentions, he suggests that mandatory jurisdictional …