Feminism In The Global Political Economy: Contradiction And Consensus In Cuba,
2012
University of North Carolina School of Law
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
University of Baltimore Law Review
No abstract provided.
Comments: The Scarlett Letter "T": The Tier Iii Terrorist Classification's Inconsistent And Ineffectual Effects On Asylum Relief For Members And Supporters Of Pro-Democratic Groups,
2012
University of Baltimore School of Law
Comments: The Scarlett Letter "T": The Tier Iii Terrorist Classification's Inconsistent And Ineffectual Effects On Asylum Relief For Members And Supporters Of Pro-Democratic Groups, Daniella Pozzo Darnell
University of Baltimore Law Review
No abstract provided.
Law – Made In Germany: Global Standort Or Global Standard?,
2012
University of Baltimore School of Law
Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner
All Faculty Scholarship
Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A purpose of the Bündnis, as stated at its founding in 2008, and of the brochure, is to improve the position of German law in the ― "international competition of legal systems" (internationalen Wettbewerb der Rechtsordnungen). Catalyst for founding of the Bündnis and for publication of Law - Made in Germany …
Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice,
2012
Duke Law School
Transplanting The European Court Of Justice: The Experience Of The Andean Tribunal Of Justice, Laurence R. Helfer, Karen J. Alter, Osvaldo Saldias
Faculty Scholarship
Although there is an extensive literature on domestic legal transplants, far less is known about the transplantation of supranational judicial bodies. The Andean Tribunal of Justice (ATJ) is one of eleven copies of the European Court of Justice (ECJ), and the third most active international court. This article considers the origins and evolution of the ATJ as a transplanted judicial institution. It first reviews the literatures on legal transplants, neofunctionalist theory, and the spread of European ideas and institutions, explaining how the intersection of these literatures informs the study of supranational judicial transplants. The article next explains why the Andean …
Treaty Signature,
2012
Duke Law School
Treaty Signature, Curtis A. Bradley
Faculty Scholarship
This chapter is a contribution to The Oxford Guide to Treaties (Duncan Hollis, ed., Oxford University Press, forthcoming 2012). Under international law, in order for a State to become a party to a treaty, it must express its consent to be bound by the treaty. Such consent can be expressed in a variety of ways, including through signature of the treaty by a proper representative of the State. Under modern treaty practice, however, States often express their consent to be bound by a separate act of ratification that is carried out after signature. When a treaty is subject to discretionary …
Making A Voluntary Greek Debt Exchange Work,
2012
Duke Law School
Making A Voluntary Greek Debt Exchange Work, Mitu Gulati, Jeromin Zettelmeyer
Faculty Scholarship
Within the next couple of months, the Greek government, is supposed to persuade private creditors holding about EUR 200bn in its bonds to voluntarily exchange their existing bonds for new bonds that pay roughly 50 percent less. This may work with large creditors whose failure to participate in a debt exchange could trigger a Greek default, but may not persuade smaller creditors, who will be told that their claims will continue to be fully serviced if they do not participate in the exchange. This paper proposes an approach to dealing with this free rider problem that exploits the fact that …
Jurisdiction And Choice Of Law In International Antitrust Law - A Us Perspective,
2012
Duke Law School
Jurisdiction And Choice Of Law In International Antitrust Law - A Us Perspective, Ralf Michaels, Hannah L. Buxbaum
Faculty Scholarship
No abstract provided.
The Organization For Economic Cooperation And Development’S Role In International Law,
2012
Duke Law School
The Organization For Economic Cooperation And Development’S Role In International Law, James Salzman
Faculty Scholarship
The Organization for Economic Cooperation and Development (OECD) has played, and continues to play, an important and largely unrecognized role as a lawmaking body. The OECD occupies a unique space in the international lawmaking field, in large part because it was not established with lawmaking as a priority. In a small number of cases, however, it has played a significant role in crafting the emerging architecture of global governance. Case studies of the hazardous waste trade, the Bribery Convention, and the OECD Guidelines for Multinational Enterprises are presented to demonstrate a clear pattern. A topic of major concern arises on …
Attorney General Bradford’S Opinion And The Alien Tort Statute,
2012
Duke Law School
Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley
Faculty Scholarship
In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. This document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions, and the opinion was discussed by both sides in the oral argument before the Supreme Court in the first hearing in the pending ATS …
Terminating Treaties,
2012
Duke Law School
Qui Tam: Is False Claims Law A Model For International Law?,
2012
Duke Law School
Qui Tam: Is False Claims Law A Model For International Law?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Evolution Of Contractual Terms In Sovereign Bonds,
2012
Duke Law School
The Evolution Of Contractual Terms In Sovereign Bonds, Stephen J. Choi, Mitu Gulati, Eric A. Posner
Faculty Scholarship
In reaction to defaults on sovereign debt contracts, issuers and creditors have strengthened the terms in sovereign debt contracts that enable creditors to enforce their debts judicially and that enable sovereigns to restructure their debts. These apparently contradictory approaches reflect attempts to solve an incomplete contracting problem in which debtors need to be forced to repay debts in good states of the world; debtors need to be granted partial relief from debt payments in bad states; debtors may attempt to exploit divisions among creditors in order to opportunistically reduce their debt burden; debtors may engage in excessively risky activities using …
Legal Memorandum On Reintegration Of Former Pirates,
2012
Case Western Reserve University School of Law
Legal Memorandum On Reintegration Of Former Pirates, Pilpg
War Crimes Memoranda
No abstract provided.
Piracy And International Humanitarian Law,
2012
Case Western Reserve University School of Law
Piracy And International Humanitarian Law, Matthew Langton
War Crimes Memoranda
advised/reviewed by Laurie Blank
Refugees And Asylum,
2012
University of Michigan Law School
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection …
Title Page,
2012
Case Western Reserve University School of Law
2012 Niagara Problem And Bench Memo,
2012
Case Western Reserve University School of Law
2012 Niagara Problem And Bench Memo
Canada-United States Law Journal
No abstract provided.
Memorial Of The Respondent,
2012
Case Western Reserve University School of Law
Memorial Of The Respondent, Paul Allen, Kathleen D. Pitts
Canada-United States Law Journal
No abstract provided.
Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment,
2012
Case Western Reserve University School of Law
Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles
Canada-United States Law Journal
No abstract provided.
Chapter 11 Of Nafta And The Provinces - Will The Constitutional Question Be Asked,
2012
Case Western Reserve University School of Law
Chapter 11 Of Nafta And The Provinces - Will The Constitutional Question Be Asked, Rajeeve Thakur
Canada-United States Law Journal
No abstract provided.
