Legal Remedies Commons^™

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

Touro Law Review

No abstract provided.

The Routine Torture Practices Of The Saudi Arabian Government As "Commercial Activity" Within The Foreign Sovereign Immunities Act Of 1976 In The Wake Of Saudi Arabia V. Nelson, 113 S. Ct. 1471 (1993)., Keith D. Bodoh

Georgia Journal of International & Comparative Law

No abstract provided.

The Chilean Apples Case: An Individual's Right To Claim Damages From The European Community Institutions For Non-Contractual Liability Is Expanded. Sofrimport S.A.R.L. V. Commission Of The European Communities, No. C-152/88, Slip Op. At 80, [1990] 3 Comm. Mkt. L. Rep. 946 (Eur. Comm. Ct. J. June 26, 1990)., Douglas C. Turner

Georgia Journal of International & Comparative Law

No abstract provided.

Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum

Georgia Journal of International & Comparative Law

No abstract provided.

Loose Teeth In European Union Consumer Protection Policy: The Injunction Directive And The Mass Default Scenario, David J. Schwartz

Georgia Journal of International & Comparative Law

No abstract provided.

A Difficult Situation Made Harder: A Parent's Choice Between Civil Remedies And Criminal Charges In International Child Abduction, Donyale N. Leslie

Georgia Journal of International & Comparative Law

No abstract provided.

The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner

Georgia State University Law Review

This essay is a critical response to the 2013 commemorations of the75th anniversary of the Federal Rules of Civil Procedure.The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice”with decisions according to law.

By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do. One side promotes rules that control and conclude litigation: e.g.,plausibility pleading, case management, limited discovery, cost indemnity for discovery, and summary …

Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton

Faculty Scholarship

In studies of compliance with international law, the focus is usually on the “demand side” – that is, how to increase the pressure on the state to comply. Less attention has been paid, however, to the consequences of the “supply side” – who within the state is responsible for the compliance. This Article is the first study to systematically address the issue of how different actors within the United States government alter national policy in response to the violations of international law. The Article does so by examining cases initiated under the World Trade Organization (WTO) Dispute Settlement Understanding (DSU). …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.

The Paradoxes Of Restitution, Mark A. Edwards

Faculty Scholarship

Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.

First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.

Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …

Pricing Compliance: When Formal Remedies Displace Reputational Sanctions, Rachel Brewster

Faculty Scholarship

The conventional wisdom in international law is that dispute resolution institutions sharpen the reputational costs to states. This article challenges this understanding by examining how the inclusion of dispute resolution tribunals and remedy regimes can alter reputational analysis by shifting the audience¹s understanding of how mandatory a treaty's substantive obligations are. Drawing on the distinction between prices and sanctions, this article contests the assumption that the introduction of a remedy regime in international agreements will regularly increase compliance with the treaty¹s substantive terms. Instead, some remedy regimes may 'price' deviations from the treaty¹s terms and thereby facilitate breaches of the …

Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance

Pepperdine Law Review

No abstract provided.

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim

Pepperdine Dispute Resolution Law Journal

Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …

Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins

Pepperdine Dispute Resolution Law Journal

By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a "possible work topic considered by the Commission . . . Conciliation," in the space of two and one-half years became the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its …

The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent , James M. Hosking

Pepperdine Dispute Resolution Law Journal

This article analyzes the legal theories and other mechanisms employed in international commercial arbitration to achieve a workable compromise among the above-cited propositions. In so doing it touches on larger, more complex questions like the position of third parties in contract law, the jurisdictional foundations of arbitration, and the role of choice-of-law issues in determining the validity of the arbitration agreement. However important these broader concerns may be, they should not undermine the importance of the issue in its own right.

International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason

Pepperdine Dispute Resolution Law Journal

This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …

Efficient Breach Of International Law: Optimal Remedies, 'Legalized Noncompliance,' And Related Issues, Eric A. Posner, Alan O. Sykes

Michigan Law Review

In much of the scholarly literature on international law, there is a tendency to condemn violations of the law and to leave it at that. If all violations of international law were indeed undesirable, this tendency would be unobjectionable. We argue in this Article, however that a variety of circumstances arise under which violations of international law are desirable from an economic standpoint. The reasons why are much the same as the reasons why nonperformance of private contracts is sometimes desirable- the concept of "efficient breach," familiar to modern students of contract law, has direct applicability to international law. As …

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Scholarly Articles in Law Reviews & Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …

Sifting Through The Wreckage: An Analysis And Proposed Resolution Concerning The Disposition Of Historic Shipwrecks Located In International Waters, Jeremy Neil

NYLS Law Review

No abstract provided.

Getting To Stay: Clarifying Legal Treatment Of Improper Adoptions, Elena Schwieger

NYLS Law Review

No abstract provided.

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.

Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez

NYLS Law Review

No abstract provided.

Seeking The Better Interests Of Children With A New International Law Of Adoption, Richard Carlson

NYLS Law Review

No abstract provided.