Law Commons^™

Foreign Affairs, International Law, And The New Federalism: Lessons From Coordination, Robert B. Ahdieh

Missouri Law Review

Even after the departure of two of its most prominent advocates - Chief Justice William Rehnquist and Justice Sandra Day O'Connor - the federalism revolution initiated by the Supreme Court almost twenty years ago continues its onward advance. If recent court decisions and congressional legislation are any indication, in fact, it may have reached a new beachhead in the realm of foreign affairs and international law. The emerging federalism in foreign affairs and international law is of a distinct form, however, with distinct implications for the relationship of sub-national, national, and international institutions and interests. This article draws on the …

Cees Newsletter, No. 8, Nov. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Tiebout Goes Global: International Migration As A Tool For Voting With Your Feet, Ilya Somin

Missouri Law Review

In this article, I make a tentative effort to plug this hole in the literature. I suggest that the benefits of international foot voting may well be much larger than those of free movement within national borders. Part II briefly summarizes the theory of foot voting and its potential benefits. I focus particularly on the use of exit rights as a form of political participation by which migrants can more effectively choose the public policies under which they live. Crucial benefits of political participation through exit rights include the matching of public policy to diverse preferences, the creation of an …

Baselines Newsletter, No. 3, Fall 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt

Duke Environmental Law & Policy Forum

No abstract provided.

In Search Of Sub-National Constitutionalism, James A. Gardner

Journal Articles

Two recent trends, one favoring federalism as a form of governmental organization and the other favoring written constitutions, have lately combined to produce an impressive proliferation of subnational constitutions. Documents that can fairly be described as constitutions now govern the affairs of subnational units - states, provinces, cantons, Länder - in federal states on every continent. What remains unclear, however, is whether the proliferation of subnational constitutions indicates a corresponding spread of the practice of subnationalism constitutionalism - whether, that is, the appearance of subnational constitutions around the globe evinces a spreading ideological commitment to a strong role for subnational …

Cees Newsletter, No. 7, July 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

From Kneecappings Toward Peace: The Use Of Intra-Community Dispute Resolution In Northern Ireland, Patrick Cody

Journal of Dispute Resolution

Violence has been a way of life in Northern Ireland for many years as communities were divided by separate warring paramilitary factions. Each side believed that it existed for the benefit and protection of the local community against the forces on the other side. The Irish Republican Army ("IRA") pledged itself to the defense of Northern Irish Catholics from persecution by those loyal to the British government. Similarly, groups such as the Ulster Volunteer Force ("UVF") and the Ulster Defense Association ("UDA") formed to defend Protestant citizens against IRA attacks. Policing of local neighborhoods fell largely to these groups. Enforcement …

In The Name Of Efficiency, Scott Shackelford

Scott Shackelford

India, the most populous and diverse democracy in the world, has a legal system to match. This system, a composition of ancient Hindi panchayats (village assemblies), Islamic law, and a formal British judiciary, has long been under immense strain, stifling economic competiveness and the pursuit of justice alike. As Lord Delvin famously quipped “If our business methods were as antiquated as our legal methods we should be a bankrupt country.” There are currently nearly 25 million cases pending in Indian courts, some of which have been appealed and argued for more than 20 years. Meanwhile, India spends only .2 percent …

The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cees Newsletter, No. 6, May 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

Can We Talk?, Don Peters

Don Peters

CAN WE TALK: OVERCOMING BARRIERS TO MEDIATING PRIVATE TRANSBORDER COMMERCIAL DISPUTES IN THE AMERICAS Don Peters

This article examines cognitive and cultural barriers creating the comparatively infrequent use of mediation to resolve private, transborder commercial disputes in the Americas. It begins by analyzing the challenges of transborder commercial litigation. It then develops and supports the claim that international arbitration, the most frequently used transborder commercial dispute resolution method , suffers from many of litigation’s disadvantages, including excessive expense and delay, sacrificing outcome control, damaging or ending rather than preserving and improving commercial relationships, and using legalistic, rights based perspectives which …

A Strategic Functionalist Approach To International Commercial Mediation, Antonin I. Pribetic

Antonin I. Pribetic

Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution (ADR) mechanism, third-party neutral mediation is firmly entrenched in the legal ethos and procedural rules of most common law jurisdictions; such as the United Kingdom, the United States and Canada. However, in the rest of the world, including many European, Latin American and Asian nations with civil law traditions, mediation remains an elusive concept. Some commentators suggest this may be due in part to differences in systemic (i.e. adversarial vs. inquisitorial) and cultural (i.e. mediation vs. conciliation) orientations.

This paper considers whether International Mediation is …

International Commercial Arbitration In Cuba, Kevin S. Tuininga

Kevin S Tuininga

This article discusses the prospect of international commercial arbitration in Cuba.

Baselines Newsletter, No. 2, Spring 2008, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

Oy Vey! The Bernstein Exception: Rethinking The Doctrine In The Wake Of Constitutional Abuses, Corporate Malfeasance And The “War On Terror”, Breana Frankel

Breana Frankel

Abstract OY VEY! THE BERNSTEIN EXCEPTION: RETHINKING THE DOCTRINE IN THE WAKE OF CONSTITUTIONAL ABUSES, CORPORATE MALFEASANCE AND THE “WAR ON TERROR” Breana Frankel, Assistant Professor, Chapman University School of Law The “Bernstein doctrine” is a classic example of the exception swallowing the rule. The Bernstein exception allows the Executive to intercede in act of state cases when it determines that adjudication would not harm U.S.-foreign relations. The Exception was initially intended solely to permit victims of Nazi war crimes to recover in United States courts. However, in the more than 50 years since its inception, the Bernstein doctrine has …

Will The United States Follow England (And The Rest Of The World) In Abandoning Capital Punishment?, Frederick C. Millett

The University of New Hampshire Law Review

[Excerpt] “Walking down Nanjing Road in Shanghai, you will not only pass by the foreign clothing stores that seem to be taking over the area, but also Pepsi signs every fifty feet, a McDonald’s, and a KFC—all with the backdrop of Chinese characters and the Oriental Pearl TV Tower. Along your way, you can stop in The Chopstick Shop to find the perfect set of chopsticks, buy a smoothie from a vendor, or just sit on a bench and watch the thousands of Chinese people walk by wearing Nike hats and Levi’s jeans. Just across the river is the Pudong …

The Interaction Of Customary Law And Microfinance: Women's Entry Into The World Economy, Shana Hofstetter

William & Mary Journal of Race, Gender, and Social Justice

This note examines the complicated relationship between microfinance and customary law. Microfinance, the practice of giving small, collateral-free loans to the poorest members of society, has gained great popularity in the last thirty years. These loan programs specifically target women and use women's traditional emphasis on groups to ensure success. Customary law can hinder microfinance ventures because of the restrictions these laws place on women's roles and responsibilities. Case studies on the Dominican Republic, Morocco, and Bangladesh explore how individual customary laws can hinder microfinance programs and women's micro-businesses. This note also discusses how microfinance programs act as catalysts of …

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.

Securities Regulation In Low-Tier Listing Venues: The Rise Of The Alternative Investment Market, Jose M. Mendoza

Fordham Journal of Corporate & Financial Law

No abstract provided.

Birthright Citizenship In The United States: Realities Of De Facto Deportation And International Comparisons Toward Proposing A Solution, Amanda Colvin

Saint Louis University Law Journal

No abstract provided.

Teaching International Intellectual Property Law, Peter K. Yu

Saint Louis University Law Journal

No abstract provided.

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

The Republic of Adova ("Adova") and State of Rotania ("Rotania") have submitted by Special Agreement their differences concerning certain criminal proceedings in Adova and Rotania, and transmitted a copy thereof to the Registrar of the International Court of Justice ("I.C.J.") pursuant to article 40(1) of the Statute of the I.C.J. ("Statute")

Review Of "Havens In A Storm: The Struggle For Global Tax Regulation", Anthony C. Infanti

Anthony C. Infanti

This short essay is a review of J.C. Sharman’s book "Havens in a Storm: The Struggle for Global Tax Regulation." In the essay, I first provide a brief overview of Sharman’s book, which approaches the Organisation for Economic Co-operation and Development’s struggle with tax havens over “harmful tax competition” from a political science perspective. I then describe how the book (and, by extension, this review) will be of interest not only to those in the fields of international tax and international relations, but also to those concerned more generally with the dynamics of struggles between the powerful and the weak. …

Cees Newsletter, No. 4, Jan. 2008, University Of Colorado Boulder. Center For Energy & Environmental Security

CEES: The Center for Energy & Environmental Security [Newsletter] (2008)

No abstract provided.

The Organization Of 'Organized Crime Policing' And Its International Context, Clive G. Harfield

Faculty of Law - Papers (Archive)

This article reflects upon a decade of developments in the organization of organized crime policing, particularly within the international context. the review illustartes that the policing (in its widest sense) of organized crime is based on certain prerequisities. other actors besides law enforcement agencies have key roles to,play. the creation of an appropriate instrumental framework is equally as important as having competent and appropriate agencies in place. The multipilicity of interests beg questions about what is feasible in the co-ordination of organized crime policing, given that organized crime is a global phenomenon beyond the scope of any one agency or …

Australian Approaches To International Environmental Law During The Howard Years, G. L. Rose

Faculty of Law - Papers (Archive)

This paper provides an overview of major Australian developments in international environmental law during the term of the Howard government.

The Collateral Protection Of Rights In A Global Economy, Sheldon Leader

NYLS Law Review

No abstract provided.