Law Commons^™

Squaring The Circle? Reconciling Sovereignty And Global Governance Through Global Government Networks (Review Of Anne-Marie Slaughter, A New World Order), Kenneth Anderson

Book Reviews

This book review summarizes and critiques A New World Order, offering both an internal critique of the argument's consistency as well as an outside critique of the argument from the standpoint of the value of democratic sovereignty. The review locates Slaughter's argument within the debate over international relations realism and idealism, and further locates it within a continuum of seven idealized positions in the debate between global governance and sovereignty, with pure sovereignty at one extreme and world government at the other, with the most relevant positions of democratic sovereignty and liberal internationalism located in the middle. The article concludes …

'Global Civil Society': A Sceptical View, Kenneth Anderson, David Rieff

Contributions to Books

American University, WCL Research Paper No. 2008-69Abstract:The editors of the leading yearbook of global civil society studies offered to the authors of this article an opportunity to present a skeptical account of global civil society as the opening chapter in the 2004/5 yearbook. The article examines the standard account of global civil society as the transnational equivalent, in a globalized world, of civil society in a domestic society, and further as, in Kofi Annan's oft-repeated view, international NGOs as the representatives of the peoples of the world to international organizations such as the UN. The article attacks this standard view, …

Institutions And The Development Of Legal Theory: The Significance Of The Feminism And Legal Theory Project, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Private Complainants And International Organizations: A Comparative Study Of The Independent Inspection Mechanisms In International Financial Institutions, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

This paper is a comparative study of the independent inspection mechanisms in international financial institutions. These mechanisms, which are an important development in the accountability of international organizations, allow private complainants who believe that they have been harmed or threatened with harm by the failure of these institutions to act in accordance with their own operational rules and procedures to have their complaints investigated by an independent body.

The paper is divided into three parts. In the first part I discuss the structure, functions and procedures of the World Bank's Inspection Panel, the International Finance Corporation's Compliance Advisor Ombudsman, the …

Thwarting Ethical Violations With Web Site Disclaimers, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This paper argues that tribes and scholars need to come to grips with the trade-off between trust and self-determination, and that failure to do so-by for example expressing a yearning that the trust doctrine was stronger-will lead to poor choices by tribes. Choices thus need to be based on an understanding of this trade-off and tribes must be aware that exercising self-determination inevitably will lead to a weakening of the trust doctrine over the areas which tribe's assume authority. This point is illustrated using a close analysis of the arguments used by the parties and the Supreme Court's treatment of …

Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

International development law is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s, this general agreement on the key issues in development disintegrated. As a consequence, the consensus on the content of international development law also began to break down.

Today, there are competing idealized views of development that shape the current debate about both development, and the content of …

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Impact Of Federalism Over The Formation Of Personal Jurisdiction Rules In Two Different Legal Traditions: Limited Comparison To The Civil Law Model Of The United Arab Emirates And The Common Law Model Of The United States, Abaid Al-Mutairi

SJD Dissertation Abstracts

In the last decade, a massive growth of international trade and cross-border commercial and civil transactions occur among individuals and entities of different jurisdictions and legal backgrounds, this international trend results in corresponding conflicts. This fact makes it critical to identify the nature of process involving the dispute resolution mechanisms under the various legal systems especially those rules addressing the instances in which a person is held subject to certain foreign adjudicative authority because of the contact.

In general, there is always a need in some circumstances to analyze the frameworks under one system to explore the nature of the …

The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser

Ezra Rosser

This paper argues that tribes and scholars need to come to grips with the trade-off between trust and self-determination, and that failure to do so-by for example expressing a yearning that the trust doctrine was stronger-will lead to poor choices by tribes. Choices thus need to be based on an understanding of this trade-off and tribes must be aware that exercising self-determination inevitably will lead to a weakening of the trust doctrine over the areas which tribe's assume authority. This point is illustrated using a close analysis of the arguments used by the parties and the Supreme Court's treatment of …

This Land Is My Land, This Land Is Your Land: Markets And Institutions For Economic Development On Native American Reservations, Ezra Rosser

Ezra Rosser

This paper presents the current land regime and nature of economic development found on most Native American reservations, drawing predominantly from the Navajo Nation. It then considers the situation according to (1) neo-classical economics and (2) New Institutional Economics (NIE). The paper begins with the paired assumptions that economic growth can and should reach reservations and that the U.S. and tribal governments can improve upon past performance and institutional arrangements. Policy solutions to reservation commercial and light industrial underdevelopment, corresponding to each economic perspective in turn, are then discussed. The paper broadens the range of policy options available to tribes …

The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser

Ezra Rosser

This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.

Pennsylvania State Police V. Suders, Leilani J. Hart

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fair V. Rumsfeld, Michael J. Collins

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Return Of J. Edgar Hoover: The Fbi's Reversion To Political Intelligence Gathering , Zehra Naqvi

The Modern American

No abstract provided.

American Indian And Alaskan Native Health Care Today: The United States Government's Disparate Treatment Leaves Tribal People Trailing , Deborah Broken Rope

The Modern American

No abstract provided.

It's All About The Benjamins: Economic Obstacles Plugging The Diversity Pipeline Into The Practice Of Law , Vanessa Johnson

The Modern American

No abstract provided.

The Presumed Alliance: The Unspoken Conflict Between Latinos And Blacks And What It Means For America , Leeann O’Neill

The Modern American

No abstract provided.

Preparing For America's Future: Latinos In Education, Roopa Nemi

The Modern American

No abstract provided.

Volume 1, Issue 2, The Modern American

The Modern American

No abstract provided.

Spotlight On Kevin Jennings: Executive Director And Co-Founder Of The Gay, Lesbian, And Straight Education Network (Glsen) , Lydia Edwards

The Modern American

No abstract provided.

Letter From The Executive Board, The Modern American

The Modern American

No abstract provided.

A Direct Approach To Reparations: Municipal Efforts To Ensure Social Justice , Samuel Emiliano Brown

The Modern American

No abstract provided.

Surviving Racism And Sexual Assault: American Indian Women Left Unprotected, Talib Ellison

The Modern American

No abstract provided.

Save A Hunter, Shoot A Hmong, Aimee J. Baldillo, Jeanette Mendy, Vincent A. Eng

The Modern American

No abstract provided.

Legislative Updates, Michelle Woolley, Lydia Edwards

The Modern American

No abstract provided.

Our Forgotten Colony: Puerto Rico And The War On Drugs, Leeann O'Neill, Jennifer Gumbrewicz

The Modern American

No abstract provided.

African Americans And The Republican Party: Positioning For 2008, Sophia A. Nelson

The Modern American

No abstract provided.