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Articles 1 - 13 of 13
Full-Text Articles in Law
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
Articles
How much deference should courts afford executive branch interpretations of statutes and treaties? The question that has long engaged foreign relations scholars has found new salience as it has become apparent in recent years that the Supreme Court will neither abstain nor reliably defer to presidential judgment even in cases implicating national security. As the courts grapple with the scope of detention authority granted by Congress’ 2001 Authorization for the Use of Military Force, or the limits on that authority under the Geneva Conventions, a number of scholars have embraced administrative law deference doctrines such as that in Chevron v. …
Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi
Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi
Articles
This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln
Articles
No abstract provided.
Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln
Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln
Articles
This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern …
Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb
Human Rights Treaties In State Courts: The International Prospects Of State Constitutionalism After Medellin, Johanna Kalb
Articles
No abstract provided.
The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb
The Persistence Of Dualism In Human Rights Treaty Implementation, Johanna Kalb
Articles
No abstract provided.
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
Articles
This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Articles
No abstract provided.
When Corporations Translate Treaties, Caroline Bradley
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Immigration And National Security: The Illusion Of Safety Through Local Law Enforcement Action, David A. Harris
Articles
Despite efforts to reform immigration law in the 1980s and the 1990s, the new laws passed in those decades by the Congress did not solve the long-term problems raised by undocumented people entering the United States. The issue arose anew after the terrorist attacks of September, 2001. While the advocates for immigration crackdowns in the 1980s and 1990s had cast the issue as one of economics and cultural transformation, immigration opponents after 9/11 painted a different picture: illegal immigration, they said, was a national security issue. If poor farmers from Mexico and Central America could sneak into the U.S. across …
Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel
Fundamental Norms, International Law, And The Extraterritorial Constitution, Jules Lobel
Articles
The Supreme Court, in Boumediene v. Bush, decisively rejected the Bush Administration's argument that the Constitution does not apply to aliens detained by the United States government abroad. However, the functional, practicality focused test articulated in Boumediene to determine when the constitution applies extraterritorially is in considerable tension with the fundamental norms jurisprudence that underlies and pervades the Court’s opinion. This Article seeks to reintegrate Boumediene's fundamental norms jurisprudence into its functional test, arguing that the functional test for extraterritorial application of habeas rights should be informed by fundamental norms of international law. The Article argues that utilizing international law’s …
A Special Rule For Compound Protection For Dna-Sequences Impact Of The Ecj "Monsanto" Decision On Patent Practice, Jan B. Krauss, Toshiko Takenaka
A Special Rule For Compound Protection For Dna-Sequences Impact Of The Ecj "Monsanto" Decision On Patent Practice, Jan B. Krauss, Toshiko Takenaka
Articles
This article will analyze the Monsanto decision, and criticize the European Court of Justice's interpretation of Article 9 as being incomplete, in particular for failing to take account of all articles and recitals in the Biotech Directive relating to the scope of protection. It will argue that applying the concept of a function-limited protection is unnecessary if a claim directed to an isolated DNA sequence is properly interpreted. It will also discuss the possible impact not only on the protection scope but also on the patentability of gene patents.
Introduction To Special Symposium Feature: Successes And Failures In International Human Trafficking Law, Bridgette A. Carr
Introduction To Special Symposium Feature: Successes And Failures In International Human Trafficking Law, Bridgette A. Carr
Articles
The Essays in this issue of the Michigan Journal of International Law showcase the results of an important and historic symposium held at the University of Michigan Law School in February 2011. Acknowledging the ten-year anniversary of both the international Protocol to Prevent, Suppress, and Punish Trafficking in Persons (Trafficking Protocol), and the Trafficking Victims Protection Act (TVPA) in the United States, the conference brought together an extraordinary group of legal scholars, government officials, and practitioners to examine the successes and failures in international human trafficking law. The need to evaluate both the successes and failures in antitrafficking law is …