Law Commons^™

Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali

Touro Law Review

No abstract provided.

Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday

West Virginia Law Review

No abstract provided.

Sources Of International Law, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Sources Of State Practice In International Law, Anne Burnett

Georgia Journal of International & Comparative Law

No abstract provided.

Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard

Georgia Journal of International & Comparative Law

No abstract provided.

The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio

Georgia Journal of International & Comparative Law

No abstract provided.

International Norms In Constitutional Law, Michael Wells

Georgia Journal of International & Comparative Law

No abstract provided.

The Use Of International Sources In Constitutional Opinion, Daniel Bodansky

Georgia Journal of International & Comparative Law

No abstract provided.

International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck

Georgia Journal of International & Comparative Law

No abstract provided.

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …

Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz

Indiana Journal of Global Legal Studies

Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.

Global Constitutionalism – Process and Substance, Symposium. …

Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl

Georgia Journal of International & Comparative Law

No abstract provided.

Following An International Copyright Regime At A Large National Cost: Is It Worth It?, Vaishali Khatri

The Journal of Business, Entrepreneurship & the Law

The main question at issue is which view of copyright law the United States should adhere to. Founders of American copyright law based our Constitution on utilitarian principles that promote the spread of knowledge and information to the general public. It has always been held that innovation and creativity were of core importance in an efficiently functioning democracy. With the passing of Section 514, the United States digressed from its national roots in order to comply with an international regime of copyright law. This decision in Golan takes steps to afford private economic benefit to a few copyright holders at …

Soy Dominicano - The Status Of Haitian Descendants Born In The Dominican Republic And Measures To Protect Their Right To A Nationality, Monique A. Hannam

Vanderbilt Journal of Transnational Law

On September 25, 2013, the Constitutional Tribunal of the Dominican Republic retroactively interpreted the Dominican Constitution to deny Dominican citizenship to children born to irregular migrants in Dominican territory since 1929. The tribunal's decision disproportionately affects approximately two hundred thousand persons of Haitian descent. In general, states have the right to determine their nationality criteria. However, the Dominican Republic violated international law by arbitrarily and discriminatorily depriving the Haitian descendants of their Dominican nationality and by increasing the incidence of statelessness. The international community should intervene urgently and decisively on behalf of the Haitian descendants. This Note proposes specific ways …

Determining International Responsibility Under The New Extra-Eu Investment Agreements: What Foreign Investors In The Eu Should Know, Freya Baetens, Gerard Kreijen, Andrea Varga

Vanderbilt Journal of Transnational Law

The EU's newly acquired competence over foreign investment poses largely unprecedented legal challenges: the Union's unique structure and functioning are bound to raise questions about the traditional format of international investor-State arbitration. Anticipating these challenges, the European Commission has proposed a Regulation on managing the financial responsibility that arises out of such arbitrations; a revised version of this proposal was adopted by the European Parliament and the Council of the European Union. After outlining the contemporary international investment regime, as well as the relevant aspects of the EU legal system, this Article scrutinizes three problematic issues under international law that …

Lost Without Translation?: Cross-Referencing And A New Global Community Of Courts, Antje Wiener, Philip Liste

Indiana Journal of Global Legal Studies

Anne-Marie Slaughter has described the "new world order" as characterized by some "conceptual shifts," including an increasing cooperation of domestic courts across nation-state boundaries. The cross-jurisdictional referencing of legal norms and decisions, as Slaughter holds, would lead into a "global community of courts." This article takes issue with that observation. We argue that for such a community to emerge, cross-referencing would need to be followed by an effective transmission of meaning from one (legal) context to another. Following recent insights in the field of International Relations norm research, however, we can expect such meanings to be contested-in particular, when different …

Understanding The Limits Of The Foreign Trade Antitrust Improvement Act Using Tort Law Principles As A Guide, Rene H. Dubois

NYLS Law Review

No abstract provided.

In Memoriam: Professor Harold G. Maier, Journal Editor

Vanderbilt Journal of Transnational Law

Professor Harold Maier founded the student-edited Vanderbilt Journal of Transnational Law in 1967 and served as its faculty adviser until his retirement in 2005. He was appointed the David Daniels Allen Distinguished Professor of Law in 1988. He was a co-author of Public International Law in a Nutshell (with Thomas Buergenthal, West Publishing) and dozens of journal articles and book chapters, some written in German, which he spoke fluently. Hired in 1965 to develop Vanderbilt's international law program, Maier sought to establish a program to train students interested in an international legal practice and to enable scholarship in international legal …

Is The Butter Battle Book’S Bitsy Big-Boy Boomeroo Banned? What Has International Law To Say About Weapons Of Mass Destruction?, Roger S. Clark

NYLS Law Review

No abstract provided.

Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman

Case Western Reserve Journal of International Law

No abstract provided.

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

Climate Change, Forests, And International Law: Redd's Descent Into Irrelevance, Annecoos Wiersema

Vanderbilt Journal of Transnational Law

Forestry activities account for over 17 percent of human-caused greenhouse gas emissions. Since 2005, parties to the United Nations Framework Convention on Climate Change have been negotiating a mechanism known as REDD--Reducing Emissions from Deforestation and Degradation--to provide an incentive for developing countries to reduce carbon emissions and limit deforestation at the same time. When REDD was first proposed, many commentators argued this mechanism would not only mitigate climate change but also provide biodiversity and forests with the hard international law regime that had so far been missing. These commentators appeared to hope REDD would develop into this kind of …