Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co.,
2013
University of Maryland Francis King Carey School of Law
Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran
Maryland Journal of International Law
No abstract provided.
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute,
2013
University of Maryland Francis King Carey School of Law
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.
Kiobel And Extraterritoriality: A Rule Without A Rationale,
2013
University of Maryland Francis King Carey School of Law
Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And Human Rights After Kiobel,
2013
University of Maryland Francis King Carey School of Law
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Maryland Journal of International Law
No abstract provided.
Kiobel, Unilateralism, And The Retreat From Extraterritoriality,
2013
University of Maryland Francis King Carey School of Law
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Maryland Journal of International Law
No abstract provided.
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era,
2013
University of Maryland Francis King Carey School of Law
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Maryland Journal of International Law
No abstract provided.
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint,
2013
University of Maryland Francis King Carey School of Law
Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons
Maryland Journal of International Law
No abstract provided.
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations,
2013
University of Maryland Francis King Carey School of Law
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute,
2013
University of Maryland Francis King Carey School of Law
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker
Maryland Journal of International Law
No abstract provided.
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction,
2013
University of Maryland Francis King Carey School of Law
Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo
Maryland Journal of International Law
No abstract provided.
The Alien Tort Statute As Transnational Law,
2013
University of Maryland Francis King Carey School of Law
The Alien Tort Statute As Transnational Law, Jaye Ellis
Maryland Journal of International Law
No abstract provided.
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad,
2013
University of Maryland Francis King Carey School of Law
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel
Maryland Journal of International Law
No abstract provided.
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning,
2013
University of Maryland Francis King Carey School of Law
Frozen Embryo Disposition In Cases Of Separation And Divorce: How Nahmani V. Nahmani And Davis V. Davis Form The Foundation For A Workable Expansion Of Current International Family Planning, Ceala E. Breen-Portnoy
Maryland Journal of International Law
No abstract provided.
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework,
2013
University of Maryland Francis King Carey School of Law
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez
Maryland Journal of International Law
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terror",
2013
University of Maryland Francis King Carey School of Law
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
Defining The Scope Of Indirect Expropriation For International Investments ,
2013
Cleveland State University
Defining The Scope Of Indirect Expropriation For International Investments , Peter D. Isakoff
Global Business Law Review
At present, arbitral tribunals have applied a variety of standards to ascertain when indirect expropriation occurs. This article examines the complexities and ambiguities of current indirect expropriation standards and argues that a clear, uniform standard is needed to identify indirect expropriation. Ultimately, this article proposes that arbitral tribunals should only find that indirect expropriation occurs when (i) a state takes actions that substantially deprive the foreign investor of the profitability of its investment, and (ii) the state action was not reasonably predictable to the investor. Part I of this article provides a summary of the current state of expropriation doctrine. …
The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives,
2013
Cleveland State University
The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives, Wayne C. Wood
Global Business Law Review
Until the end of the twentieth century, the predominant view in America was that a corporation’s sole duty was to supply wealth to its shareholders. The idea that a corporation owes a broader duty to all of its stakeholders has gained ground based largely on the emerging international recognition of human rights norms. Increasingly American MNCs have opted to voluntarily create and implement CSR policies for moral, economic, and political reasons. While charitable donations made to exempt organizations are expressly deductible under section 170 of the Internal Revenue Code, the same might not be true for a given CSR expenditure. …
The Global Land Rush: Markets, Rights, And The Politics Of Food,
2013
Elisabeth Haub School of Law at Pace University
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …
Dynamic Governance Innovation,
2013
Pace Law School
Dynamic Governance Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article frames environmentally sound innovation in the context of transnational network theory with the goal of setting forth a preliminary framework for international legal policy coherence. I consider how network dynamics can facilitate broad diffusion of environmentally sound technologies, concluding that what appears to be fragmented trade, environment, and human rights regimes are indeed sustainable development building blocks with which to achieve dynamic governance. Collaborative environmentally sound innovation networking may be able to shepherd whole renewable energy sectors across the innovation valley of death and help turn a global responsibility to ramp up green technology into a global initiative …
Visible Formalizations And Formally Invisible Facticities,
2013
Columbia University
Visible Formalizations And Formally Invisible Facticities, Saskia Sassen
Indiana Journal of Global Legal Studies
This essay focuses on a range of formal and informal practices that I hypothesize as the making of new types of jurisdictions with variable relations to the traditional jurisdiction of the state over its territory. One effect is to contribute to an emergent misalignment between territory and territoriality. A second effect is to make structural holes in the tissue of national state sovereign territory. Both processes contribute new types of borderings inside national territory. The action is not on interstate borders, but in the interior of the state, which can mean an extension of one state into another's territorial jurisdiction …
