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Articles 1 - 30 of 49
Full-Text Articles in Law
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Balancing “Aggression” And Compassion In International Law: The Crime Of Aggression And Humanitarian Intervention, Alexander H. Mccabe
Fordham Law Review
There is a problematic overlap between bona fide humanitarian intervention and the crime of aggression. Under international law, the crime of aggression is defined so vaguely that it potentially could be applied to try leaders who seek to stop documented mass atrocities with armed force. This Note seeks a resolution to that overlap: a path that would allow those who would plan and engage in bona fide humanitarian intervention to be exempt from prosecution for aggression. The Note first examines the genealogy of the crime of aggression. It then analyzes several possible solutions to policing aggression without unduly deterring humanitarian …
Determining Extraterritoriality, Franklin A. Gevurtz
Determining Extraterritoriality, Franklin A. Gevurtz
William & Mary Law Review
This Article addresses an underexplored but critical aspect of the presumption against extraterritoriality. The presumption against extraterritoriality—which the United States Supreme Court has increasingly invoked in recent years—calls for courts to presume that Congress does not intend U.S. statutes to govern events outside the United States. The most difficult issue presented by the presumption arises when relevant events occur both inside and outside the United States, as in the classic example, if a shooter on one side of the border kills a victim on the other, or if, as in the leading case, false statements originating inside the United States …
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas Calcina Howson
"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas Calcina Howson
Seattle University Law Review
From the start of the People’s Republic of China’s (PRC) “corporatization” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the China Securities Regulatory Commission (CSRC). Indeed, the Chinese corporate law system has been cannibalized by all-encompassing securities regulation directed at corporate governance, at least for companies with listed stock. This Article traces the path of that sustained intervention and makes a case—wholly contrary to the “quack corporate governance” critique much aired in the United States—that for the PRC this phenomenon …
Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding
Seattle University Law Review
Over the last few years, there has been considerable debate in Australia as to the appropriate regulation of foreign direct investment by entities affiliated with foreign governments. During that time, Australia has been a significant beneficiary of investment by sovereign wealth funds from many foreign jurisdictions, particularly by Chinese state owned enterprises. The Australian government, similar to governments of many developed Western countries, has struggled to properly calibrate its policy settings for regulating this type of investment activity. This Article considers the Australian regulatory regime and assesses Australia’s experience in regulating those investment flows during this period.
The Timing And Source Of Regulation, Frank Partnoy
The Timing And Source Of Regulation, Frank Partnoy
Seattle University Law Review
The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien
Seattle University Law Review
The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola
Seattle University Law Review
What is a corporation? An easy, but not very informative, answer is that it is a legal person. More substantive answers suggest it is a moral person, a person/thing, a production team, a nexus of private agreements, a city, a semi-sovereign, or a (secular) God. Despite the economic, political, and social importance of the corporate form, we do not have a generally accepted legal theory of what a corporation is, apart from the law’s questionable assertion that it is a “person.” In this Article, the author places the idea, and law, of the corporation in a comparative context and suggests …
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Seattle University Law Review
Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …
The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke
The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke
Seattle University Law Review
The evolution of corporate governance in Japan towards international standards continues, though at a gradual pace that often concerns outsiders. The substance of Japanese corporate governance is often questioned due to a lack of understanding of the unique elements of the Japanese institutional system. Japanese companies are under a sustained assault from overseas investors to introduce a greater number of independent directors on boards, improve accountability, and enhance transparency. The majority of Japanese companies have taken what they regard as significant steps in this direction of accountability. In Japan, however, there is a different conception of the role of the …
State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman
State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman
Seattle University Law Review
The activities of state-related pools of capital need to be understood within the context of an era of globalization, in which economic and political ties between many jurisdictions are deepening, A variety of modes of governance are emerging that have a capacity for impacts of broad international scope. The rising influence of more proactive state-led capitalism is one of the shaping variables in how the global economy has been changing swiftly in recent decades, and the effects of the Global Financial Crisis have arguably accelerated these structural shifts. This Article identifies three discrete phenomena in the state capital arena. First, …
The Multi-Faceted Aspects Of Asylum-Law Applicable To Africa: Analysis For Reflection, Gino J. Naldi, Cristiano D’Orsi
The Multi-Faceted Aspects Of Asylum-Law Applicable To Africa: Analysis For Reflection, Gino J. Naldi, Cristiano D’Orsi
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Reconciliation And The Rule Of Law: The Changing Role Of International War Crimes Tribunals, Oriana Lavilla
Claremont-UC Undergraduate Research Conference on the European Union
This paper explores the relationship between international war crimes tribunals and reconciliation in post-conflict societies. The aim of the present study was to examine how the role of international war crimes tribunals has changed in the peacebuilding process since the early years after World War II. Due to the evolving nature of international law and the international criminal legal system, international tribunals have become increasingly recognized as an integral component of peacebuilding in post-conflict societies. The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first international tribunal with a mandate to contribute to international peace and security. The …
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin
South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin
Fordham International Law Journal
No abstract provided.
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
To Judge Or Not To Judge: A Comparative Analysis Of Islamic Jurisprudential Approaches To Female Judges In The Muslim World (Indonesia, Egypt And Iran), Engy Abdelkader
Fordham International Law Journal
No abstract provided.
Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger
Narrowed Constellations In A Supranational Climate Change Regime Complex: The "Magic Number" Is Four, Myanna Dellinger
Fordham International Law Journal
No abstract provided.
Collective Criminality And Individual Responsibility: The Constraints Of Interpretation, Pamela J. Stephens
Collective Criminality And Individual Responsibility: The Constraints Of Interpretation, Pamela J. Stephens
Fordham International Law Journal
No abstract provided.
Getting Caught Between The Borders: The Proposed Exemption Of The Canadian Mutual Fund From The Passive Foreign Investment Company Rules, Stephanie Ray
Fordham International Law Journal
No abstract provided.
Preferred Private Parts: Importing Intersex Autonomy For M.C. V. Aaronson, Ryan L. White
Preferred Private Parts: Importing Intersex Autonomy For M.C. V. Aaronson, Ryan L. White
Fordham International Law Journal
No abstract provided.
Investing In Human Rights: Using Bilateral Investment Treaties To Hold Multinational Corporations Liable For Labor Rights Violations, Sharon Hang
Fordham International Law Journal
No abstract provided.
Panel On China And The Fcpa: Emerging Trends In Fcpa Enforcement, Thomas O. Gorman
Panel On China And The Fcpa: Emerging Trends In Fcpa Enforcement, Thomas O. Gorman
Fordham International Law Journal
No abstract provided.
The Recursivity Of Reform: China's Amended Labor Contract Law, Virginia Harper Ho, Huang Qiaoyan
The Recursivity Of Reform: China's Amended Labor Contract Law, Virginia Harper Ho, Huang Qiaoyan
Fordham International Law Journal
No abstract provided.
People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang
People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang
Fordham International Law Journal
No abstract provided.
How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen
How Taiwan's Constitutional Court Reined In Police Power: Lessons For The People's Republic Of China, Margaret K. Lewis, Jerome A. Cohen
Fordham International Law Journal
No abstract provided.
The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović
The Past, Present, And Future Of Eu Enlargement, Frank Emmert, Siniša Petrović
Fordham International Law Journal
No abstract provided.
A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy
A Busted Flush: Regulation Of Online Gambling In The European Union, Katherine A. Lovejoy
Fordham International Law Journal
No abstract provided.
Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi
Not Just The Luck Of The Irish: A Contractual Solution To The Problems Of Sovereign Debt Restructuring, Katherine Crispi
Fordham International Law Journal
No abstract provided.
Not At Home With "At-Home" Jurisdiction, Kate Bonacorsi
Not At Home With "At-Home" Jurisdiction, Kate Bonacorsi
Fordham International Law Journal
No abstract provided.