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Articles 1 - 4 of 4
Full-Text Articles in Law
An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares
An Empirical Examination Of Product And Litigant-Specific Theories For The Divergence Between Nafta Chapter 19 And U.S. Judicial Review, Juscelino F. Colares
Faculty Publications
Empirical analysis of NAFTA panel review has shown that panels reverse US agency trade remedy determinations twice as often as US courts. Recent studies have eliminated case selection and other hypotheses as potential explanations for this divergence. In this article, Probit regressions show that case docket differences, such as type of import or litigant identity, also cannot account for this discrepancy. As NAFTA panels must apply the same law and standards of review as the US courts they replace, this divergence presents serious questions regarding US Congressional acquiescence to the operation of NAFTA panels and encourages discussion of the role …
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Faculty Publications
No abstract provided.
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin
Faculty Publications
This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf
Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf
Faculty Publications
Written by a consultant to the United Nation's newly established Cambodia Genocide Tribunal, "Tainted Provenance" examines one of the most important legal questions that will face the Tribunal as it begins its trials next year -- whether evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility should be considered notwithstanding the international exclusionary rule for evidence procured by torture. The issue of whether there should be exceptions to the torture evidence exclusionary rule (and how those exceptions should be crafted to avoid abuse) has significant implications beyond the international tribunal, …