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Articles 91 - 109 of 109
Full-Text Articles in Law and Politics
The Contraception Mandate, Caroline Mala Corbin
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz
NULR Online
No abstract provided.
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
The Relation Of Theories Of Jurisprudence To International Politics And Law, Anthony D'Amato
Faculty Working Papers
In this essay we shall be concerned with the real world relevance of theories of international law; that is, with the question of the theories themselves as a factor in international decision-making. To do this it is first necessary to review briefly the substance of the jurisprudential debate among legal scholars, then to view some basic jurisprudential ideas as factors in international views of "law," and finally to reach the question of the operative difference a study of these theories might make in world politics.
The Judicial Power Of The Purse: How Courts Fund National Defense In Times Of Crisis (An Introduction), Nancy Staudt
The Judicial Power Of The Purse: How Courts Fund National Defense In Times Of Crisis (An Introduction), Nancy Staudt
Faculty Working Papers
This introduction to a forthcoming book (Spring 2011) briefly describes judges' hidden purse powers along with a theory for how and why judges will utilize these powers to keep the nation safe in times of foreign policy crisis. Ultimately, the book-length project investigates the empirical implications of the theory with both qualitative and quantitative data and finds substantial support for the idea that judges's use their financial powers differently in times of peace and in times of crisis
Israel's Air Strike Upon The Iraqi Nuclear Reactor, Anthony D'Amato
Israel's Air Strike Upon The Iraqi Nuclear Reactor, Anthony D'Amato
Faculty Working Papers
The destructive potential of nuclear weapons is so enormous as to call into question any and all received rules of international law regarding the trans-boundary use of force. Many of the old rationales for these rules no longer apply. At the same time, the shared values underlying the rules apply more emphatically than ever, for the stake is global survival. I have tried to suggest some of the questions that must be asked about as apparently "simple" an incident as the Israeli attack on the nuclear reactor in Iraq.
International Law From A Machiavellian Perspective, Anthony D'Amato
International Law From A Machiavellian Perspective, Anthony D'Amato
Faculty Working Papers
Machiavelli leaves one with both an optimistic and a pessimistic prognostication for the post-Cold War world. On the one hand, the end of that conflict has opened the way for the spread of liberal, constitutional regimes, which he would say are inclined to be more and more meticulous in honoring their commitments. On the other, the temptation to use force to create new facts and thereby force international law into new paths will remain as long as politics is practiced. The contemporary relevance of Machiavelli may be seen in that he urged both realities upon us. I focus on a …
The European Court’S Political Power Across Time And Space, Karen Alter
The European Court’S Political Power Across Time And Space, Karen Alter
Faculty Working Papers
This article extracts from Alter's larger body of work insights on how the political and social context shapes the ECJ's political power and influence. Part I considers how the political context facilitated the constitutionalization of the European legal system. Part II considers how the political context helps determine where and when the current ECJ influences European politics. Part III draws lessons from the ECJ's experience, speculating on how the European context in specific allowed the ECJ to become such an exceptional international court. Part IV lays out a research agenda to investigate the larger question of how social support shapes …
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
Faculty Working Papers
This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Faculty Working Papers
The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual in the history of American federalism. Political actors who have found their initiatives blunted at the national level have often turned to the states. With the ebb and flow of political power between two parties over time, arguments about the relative authority of federal and state governments display far more expediency than principle, far more mutability than predictability. States may be more or less progressive than the national government, depending in good measure on the temper of the times and …
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle
Northwestern Journal of International Law & Business
A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.
Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez
Inter-American Economic Cooperation In The 1980'S: The Need For A New U.S. Strategy, Abelardo L. Valdez
Northwestern Journal of International Law & Business
Progress in economic and social development by developing countries should not spell the end of US. bilateral assistance, argues Ambassador Valdez in this article. In recent years such progress has occurred in Latin America and the Caribbean to the extent that many of the nations of the region no longer qualify for assistance under theper capita income criterion tradition- ally employed by U.S. policy-makers. Ambassador Valdez explores the needfor continuing bilateral assistance, and then articulates why it is in the best interests of the United States to provide this assistance. He concludes by setting out the parameters of aforeign aidpolicy …
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Faculty Working Papers
The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of longterm uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Is Somebody "Crying Wolf"?: An Assessment Of Whether Antitrust Impedes Export Trade, John Will Ongman
Northwestern Journal of International Law & Business
The impact of the United States antitrust laws on American exports has in recent years become a controversial issue, especially in view of the increasing U.S, trade deficit. In this article, Mr. Ongman employs economic analysis to determine the desirability of a protectionistic Sherman Act. He concludes that such a policy, resulting in foreign retaliation and spillover into the domestic market, would be unwise.
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
Northwestern Journal of International Law & Business
Free enterprise is the indispensable prerequisite for personal freedom, which I dare believe is still highly valued by most people. Hence, it is also the only economic system which is compatible with the democratic governments of Europe and America. However, the vitality of free enterprise is being threatened by government interventionism on both sides of the Atlantic. In Europe, this manifests itself in taxation, nationalization, restrictive policies, subsidization, labor laws, and the growth of the public sector. In America, we find much of the same, excepting nationalization. In order to restore vigor to the weakened private sector, we must return …
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
New Developments In Law In The People's Republic Of China, Stanley B. Lubman
Northwestern Journal of International Law & Business
Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.
The Search For A Viable Foreign Economic Policy, Frank Church
The Search For A Viable Foreign Economic Policy, Frank Church
Northwestern Journal of International Law & Business
United States foreign policy is, to a great degree, influenced by the performance of the international economy. This fact was brought home with dramatic force in 1973, when Arab oil-producing countries suddenly quadrupled the price of oil. That abrupt increase in price, followed by the Arab oil embargo, nearly crippled the economies of the industrial nations of the west. The recent political upheaval in Iran and its affect on the world oil supply is only another poignant example of the extent to which the performance of the American economy, which obviously includes our national and multinational business enterprises, is intimately …
The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li
The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li
Northwestern Journal of International Law & Business
The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
United States Foreign Trade Policy: A Delicate Balancing Act, Robert S. Strauss
Northwestern Journal of International Law & Business
World trade today involves one-sixth of everything that is grown or manufactured on this planet. Translated into dollars, this amounted to a value last year of one trillion dollars. Of this amount, $150 billion belongs to American agriculture and industry. The enormous stake of the United States in maintaining and encouraging the growth of its exports has led the present Administration to chart an enlightened and courageous trade policy of promoting free and fair trade. Rather than take the politically expedient course of protectionism, this Administration has embarked on the course of lowering barriers to fair trade to ensure the …
Can/Should Computers Replace Judges?, Anthony D'Amato
Can/Should Computers Replace Judges?, Anthony D'Amato
Faculty Working Papers
Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.