Law Commons^™

The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

The Bush Administration has tended to see international nongovernmental organizations in a pragmatic way, as functionally the international equivalent of domestic "volunteer" organizations. This article argues that the Bush Administration ought to see international nongovernmental organizations as organizations seeking to substitute so-called "international civil society," on the one hand, and public international organizations, on the other, for the authority of democratically sovereign states. Looking beyond the particular issues on which international NGOs press political agendas - human rights, environmentalism, etc. - the function of international NGOs is to delegitimize democratic sovereignty in favor of liberal internationalism. The article argues that …

The Globalization Of Public Health: The First 100 Years Of International Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Global threats to public health in the 19th century sparked the development of international health diplomacy. Many international regimes on public health issues were created between the mid-19th and mid-20th centuries. The present article analyses the global risks in this field and the international legal responses to them between 1851 and 1951, and explores the lessons from the first century of international health diplomacy of relevance to contemporary efforts to deal with the globalization of public health.

The David R. Tillinghast Lecture: Taxing International Income: Inadequate Principles, Outdated Concepts, And Unsatisfactory Policies, Michael J. Graetz

Faculty Scholarship

It is a pleasure to be here today to deliver the first David R. Tillinghast Lecture of the 21st century, a lecture honoring a man who has done much to shape and stimulate our thinking about the international tax world of the 20th.

Our nation's system for taxing international income today is largely a creature of the period 1918-1928, a time when the income tax was itself in childhood. From the inception of the income tax (1913 for individuals, 1909 for corporations) until 1918, foreign taxes were deducted like any other business expense. In 1918, the foreign tax credit (FTC) …

W(H)Ither Zschernig?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues here that a declaration of victory by the critics of the dormant foreign affairs doctrine would be premature. Notwithstanding the Court's citation of Ashwander v. TVA, the actual grounds of the decision in Crosby were in no meaningful sense less "constitutional" in nature than a decision based on the dormant foreign affairs power would have been. Moreover, even though the Court said that its decision was based on a straightforward application of "settled ... implied preemption doctrine," the Court's preemption analysis was anything but ordinary. Indeed, Crosby's version of preemption analysis is subject to the …