An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe,
2014
Columbia Law School
An Examination Of The Challenges, Successes And Setbacks For Clinical Legal Education In Eastern Europe, Dubravka Aksamovic, Philip Genty
Faculty Scholarship
The authors first met in 2000, and have collaborated in conferences, workshops, and other projects since then. We also represent two sides of an international exchange that has frequently occurred in the past 15 years: a European law teacher who attends training sessions, networks with colleagues from other European universities, learns about American models of clinical education, and possibly receives some outside funding; and an American law teacher who is graciously hosted by Europeans, promotes American models of clinical education, and, one hopes, observes, listens and learns about the European system. We are also experienced teachers within our own universities …
Extraterritorial Financial Regulation: Why E.T. Can't Come Home,
2014
Columbia Law School
Extraterritorial Financial Regulation: Why E.T. Can't Come Home, John C. Coffee Jr.
Faculty Scholarship
This Essay begins with a deliberately off-putting title: extraterritorial financial regulation. Old-time "conflict of laws" scholars would call this an oxymoron, pointing to recent Supreme Court decisions – most notably, Morrison v. National Australia Bank Ltd. and Kiobel v. Royal Dutch Petroleum Co. – that have applied a strong presumption against extraterritoriality to curb the reach of U.S. law. Even those international law scholars who are sympathetic to the regulation of multinational financial institutions might prefer to avoid this term and talk instead of "global financial regulation" because they conceptualize international financial regulation as implemented through networks of cooperating multinational …
A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore,
2014
Singapore Management University
A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
The Successes And Challenges For The European Court, Seen From The Outside,
2014
Duke Law School
The Successes And Challenges For The European Court, Seen From The Outside, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Who Should Be A Jew? Conversion In The Diaspora And In The Modern Nation-State,
2014
Touro University Jacob D. Fuchsberg Law Center
Who Should Be A Jew? Conversion In The Diaspora And In The Modern Nation-State, Mark Goldfeder, Michael J. Broyde
Scholarly Works
No abstract provided.
Unfriendly Unilateralism,
2014
Columbia Law School
Unfriendly Unilateralism, Monica Hakimi
Faculty Scholarship
This Article examines a category of conduct that I call “unfriendly unilateralism.” One state deprives another of a benefit (unfriendly) and, in some cases, strays from its own obligations (noncompliant), outside any structured international process (unilateral). Such conduct troubles many international lawyers because it looks more like the nastiness of power politics than like the order and stability of law. Worse, states can abuse the conduct to undercut the law. Nevertheless, international law tolerates unfriendly unilateralism for enforcement. A victim state may use unfriendly unilateralism against a scofflaw in order to restore the legal arrangement that existed before the breach. …
Toward A Legal Theory On The Responsibility To Protect,
2014
Columbia Law School
Toward A Legal Theory On The Responsibility To Protect, Monica Hakimi
Faculty Scholarship
The idea of the "responsibility to protect" has received enormous attention in recent years-so much attention that it now goes simply by R2P. R2P posits that, when a state fails to protect its population from mass atrocities, the broader international community should step in to help. The vision here is of outside states banding together and doing everything possible to protect the at-risk population. But for all the attention this vision receives, its effect on international law or on the ultimate goal of protecting people from atrocities is unclear. This Article critiques that vision and offers an alternative. The Article …
Letter From The U.S.: Exclusive Rights, Exceptions, And Uncertain Compliance With International Norms – Part Ii (Fair Use),
2014
Columbia Law School
Letter From The U.S.: Exclusive Rights, Exceptions, And Uncertain Compliance With International Norms – Part Ii (Fair Use), Jane C. Ginsburg
Faculty Scholarship
This survey of recent U.S. fair use decisions examines the domestic evolution of the doctrine, particularly in light of the significant expansion of noninfringing “transformative” uses. The article also considers the U.S.’ compliance with its international obligations under the Berne Convention and the TRIPs Accord, and inquires whether the substantial enlargement of the application of the U.S. fair use exception exceeds the leeway that the Berne Convention, art. 9(2), WCT art. 10, and TRIPs art. 13 grant to member states to provide for exceptions and limitations to copyright.
How International Institutions Evolve,
2014
Columbia Law School
How International Institutions Evolve, Anu Bradford
Faculty Scholarship
Economic theory suggests that international institutions cannot simultaneously widen and deepen. There is an inevitable trade-off between the benefits of site and the costs of heterogeneity. Consequently, institutions ought to be either small and deep or, alternatively, large and shallow. Yet in reality, we observe that international institutions embrace new members while concurrently pursuing deeper cooperation. This Article seeks to explain how institutions evolve over time in light of this size/heterogeneity trade-off It examines the strategic responses of members of institutions to heterogeneity costs and identifies two distinct yet related strategies that allow states to pursue gains from cooperation while …
A Reply To "Hollow Spaces",
2014
Columbia Law School
A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers
Faculty Scholarship
This short essay responds to Chip Brower's thoughtful and meticulous critique of Tentative Draft No. 2 of the Restatement Third of the U.S. Law of International Commercial Arbitration. While we appreciate the concerns he raises, we disagree with the conclusions he draws both about the Restatement and the drafting process. We address here what we understand to be Professor Brower's major criticisms of the work.
Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil,
2014
Yale Law School
Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts
Faculty Scholarship
Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil. We develop a new theoretical framework that posits that veil piercing is done to achieve three discrete public policy goals, each of which is consistent with economic efficiency: (1) achieving the purpose of an existing statute or regulation; (2) preventing shareholders from obtaining credit by misrepresentation; and (3) promoting the bankruptcy values of achieving the orderly, efficient resolution of a bankrupt's estate. We analyze the facts of veil-piercing cases to show how the outcomes are explained by our taxonomy. We demonstrate that a supposed …
The Bond Court's Institutional Truce,
2014
Columbia Law School
The Bond Court's Institutional Truce, Monica Hakimi
Faculty Scholarship
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …
V.15-2, 2014 Masthead,
2014
University of San Diego
A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement,
2014
University of San Diego
A Matter Of National Security: Whistleblowing In The Military As A Mechanism For International Law Enforcement, Roslyn Fuller
San Diego International Law Journal
[T]his article examines the impact that external whistleblowing can have on a state’s compliance with international law. Part III looks at some of the complications that disclosing international law violations raises for the broader legal system, in particular, the expertise that a whistleblower of this type should be expected to have in the area of international law, and judicial reactions to defences related to the exposure of international law violations. Part IV identifies some trends based on this analysis and what they might mean for external whistleblowing on international law violations in the future.
‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection,
2014
University of San Diego
‘My Name Is Khan’ And I Am Not A Terrorist: Intersections Of Counter Terrorism Measures And The International Framework For Refugee Protection, Neha Bhat
San Diego International Law Journal
This paper is structured as follows: Part II traces the development of international instruments on the definition of terrorism, terrorist activities and “incitement to terrorism.” Part III first explores the normative framework of exclusion under the 1951 Convention and how the RSD procedure has undergone a notional shift, with exclusion considerations becoming more central. The section will then look at the provisions of Article 1F of the 1951 Convention, which contain the exclusion clauses and also discuss incorporation of terrorism exception to the asylum law framework in the United States. Part IV concludes with the proposition that the dangers of …
Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?,
2014
University of San Diego
Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?, Leah Marie Shellberg
San Diego International Law Journal
For Mahayana Buddhists, samsara literally means “wandering-on,” but in theory, it refers to the cyclical nature of birth and re-birth characterized by suffering that a Buddhist must break out of in order to achieve nirvana, a state free of suffering. Since the occupation and incorporation of Tibet into the People’s Republic of China (“China”) in the late 1940s and early 1950s, the Tibetan people have experienced a far more intense form of metaphorical samsara at the hands of the Chinese administration. The term “genocide,” coined by Raphael Lemkin in the wake of the Holocaust, combines the ancient Greek word “genos” …
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović,
2014
University of San Diego
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
San Diego International Law Journal
In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …
Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention,
2014
University of San Diego
Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk
San Diego International Law Journal
[T]his Article addresses the current legal framework of humanitarian intervention. Section III examines previous attempts at international military cooperation by the United Nations, NATO, EU, and bilateral arrangements, Section IV considers the scope and implementation of the Treaty between France and the UK. Finally, Section V analyzes the interplay of international law and the bilateral military treaty in recent international humanitarian interventions.
Admissible Or Inadmissible: The Role Of Formally Codified Rules Of Evidence As A Safeguard In Mexico’S Developing Adversarial System,
2014
University of San Diego
Admissible Or Inadmissible: The Role Of Formally Codified Rules Of Evidence As A Safeguard In Mexico’S Developing Adversarial System, Connie Dang
San Diego International Law Journal
[T]his Comment begins with a brief history of Mexico’s political framework, including an introduction to its civil law tradition, the positivist values present in its legal framework, and the previous criminal procedure reforms that took place before the current 2008 constitutional reforms. It is important to understand the challenges that the previous—and unsuccessful—constitutional reforms faced in order to appreciate the drastic scope of the current changes to Mexican criminal procedure. Part II will address the role of the United States in its relationship with Mexico relationship during the implementation of the 2008 constitutional reforms. As Mexico’s direct neighbor, the United …
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes,
2014
University of San Diego
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin
San Diego International Law Journal
These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.
The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …
