Is Europe Headed Down The Primrose Path With Mandatory Mediation,
2012
Fordham University School of Law
Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Eparpillement Aux Quatre Vents: La Fragmentation Du Droit Du Sport,
2012
University of Neuchatel, Faculty of Law
Eparpillement Aux Quatre Vents: La Fragmentation Du Droit Du Sport, Giovanni Distefano, Petros C. Mavroidis
Faculty Scholarship
Scattering to the Four Winds: The Fragmentation of Sports Law
Sports Law is characterized by a multiplicity of sources: from the outset, law-making function was mainly carried out by different and competent sports associations (both national and international). Two major events have wreaked havoc: on one side, the ever-increasing professionalization of sports business has given birth to the outcrop of private associations – active in a sort of grey and undefined area – torn between public authority ans free market; on the other side, international federations have been called upon to manage those same associations. Lack of institutional and substantive …
One (Firm) Is Not Enough: A Legal-Economic Analysis Of Ec-Fasteners,
2012
Peterson Institute for International Economics
One (Firm) Is Not Enough: A Legal-Economic Analysis Of Ec-Fasteners, Chad P. Brown, Petros C. Mavroidis
Faculty Scholarship
The WTO’s Appellate Body (AB) dealt with a number of issues for the first time in the Report of EC-Fasteners. Importantly, the AB discussed the consistency of the European Union (EU) regulation with the multilateral rules on the conditions for deviating from the obligation to calculate individual dumping margins. Although China formally won the argument, the AB may have opened the door to treat China as a non-market economy (NME) even beyond 2016 when China’s NME-status was thought to expire under the terms of China’s 2001 WTO Accession Protocol. The AB further dealt with numerous other issues ranging from statistical …
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico,
2012
Georgetown University Law Center
Carving Out Policy Autonomy For Developing Countries In The World Trade Organization: The Experience Of Brazil And Mexico, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
Although liberal trade and development scholars disagree about the merits of the World Trade Organization (WTO), they both assume that WTO legal obligations restrict states’ regulatory autonomy. This article argues for relaxing this shared assumption by showing that, despite the restrictions imposed by international economic law obligations, states retain considerable flexibility to carve out policy autonomy. The article makes three distinct contributions. First, it analyzes how active WTO members can, through litigation and lawyering, influence rule interpretation to advance their interests. Second, the article redefines the concept of “legal capacity” in the WTO context and introduces the term “developmental legal …
Lessons From Social Psychology For Complex Operations,
2012
Georgetown University Law Center
Lessons From Social Psychology For Complex Operations, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This short essay looks at several social forces that powerfully affect human behavior, often trumping individual “character,” personality, knowledge, and even deeply held moral beliefs. Specifically, this essay looks briefly at issues of obedience, conformity, and group polarization, discussing the ways in which they can affect and distort individual behavior. Ultimately, this essay suggests, understanding these dynamics can have important implications for how we think about counterinsurgency and stability operations.
Aedpa Mea Culpa,
2012
Boston University School of Law
Aedpa Mea Culpa, Larry Yackle
Faculty Scholarship
In this essay, the author contends that the Antiterrorism and Effective Death Penalty Act of 1996 [AEDPA] has frustrated both the enforcement of federal rights and legitimate state interests. He lays most of the blame on the Supreme Court's methodology for construing AEDPA's provisions. The Court insists that poorly conceived and drafted provisions must be taken literally, whatever the consequences, and that every provision must be read to change habeas corpus law in some way. This approach has produced unfair, wasteful, and even bizarre results that might have been avoided if the Court had assessed AEDPA more realistically.
Katyn: Justice Delayed Or Justice Denied - Report Of The Cleveland Experts' Meeting,
2012
Case Western Reserve University
Katyn: Justice Delayed Or Justice Denied - Report Of The Cleveland Experts' Meeting, Michael P. Scharf, Maria Szonert-Binienda
Case Western Reserve Journal of International Law
Report of an Experts' Meeting on the Katyn Massacre.
Implementing Article 32 Of The Convention On The Rights Of The Child As A Domestic Statute: Protecting Children From Abusive Labor Practices,
2012
Case Western Reserve University School of Law
Implementing Article 32 Of The Convention On The Rights Of The Child As A Domestic Statute: Protecting Children From Abusive Labor Practices, Hillary V. Kistenbroker
Case Western Reserve Journal of International Law
No abstract provided.
What Was Distinctive About Katyn: The Massacres In Context,
2012
Case Western Reserve University School of Law
What Was Distinctive About Katyn: The Massacres In Context, Mark Kramer
Case Western Reserve Journal of International Law
No abstract provided.
Post-1991 Katyn Investigations In Poland,
2012
Case Western Reserve University School of Law
Post-1991 Katyn Investigations In Poland, Janusz Cisek
Case Western Reserve Journal of International Law
No abstract provided.
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre,
2012
Case Western Reserve University School of Law
72 Years Later: Still Seeking Accountability For The Katyn Forest Massacre, Allan Gerson
Case Western Reserve Journal of International Law
No abstract provided.
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy,
2012
Case Western Reserve University School of Law
Katyn Forest Massacre: Of Genocide, State Lies, And Secrecy, Milena Sterio
Case Western Reserve Journal of International Law
No abstract provided.
Preventing The Financing Of Terrorism,
2012
Case Western Reserve University School of Law
Preventing The Financing Of Terrorism, Richard Barrett
Case Western Reserve Journal of International Law
No abstract provided.
Was Katyn A Genocide?,
2012
Case Western Reserve University School of Law
Was Katyn A Genocide?, Maria Szonert-Binienda
Case Western Reserve Journal of International Law
No abstract provided.
Strengthening Our Security: A New International Standard On Trade-Based Money Laundering Is Needed Now,
2012
Case Western Reserve University School of Law
Strengthening Our Security: A New International Standard On Trade-Based Money Laundering Is Needed Now, Ross S. Delston, Stephen C. Walls
Case Western Reserve Journal of International Law
No abstract provided.
Terrorism Financing Indicators For Financial Institutions In The United States,
2012
Case Western Reserve University School of Law
Terrorism Financing Indicators For Financial Institutions In The United States, Richard Gordon
Case Western Reserve Journal of International Law
No abstract provided.
Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System,
2012
Case Western Reserve University School of Law
Implementing International Anti-Corruption Standards To Improve Afghanistan's Education System, Adam J. Centner
Case Western Reserve Journal of International Law
No abstract provided.
Rating The Raters: Restoring Confidence And Accountability In Credit Rating Agencies,
2012
Case Western Reserve University School of Law
Rating The Raters: Restoring Confidence And Accountability In Credit Rating Agencies, Ryan Voorhees
Case Western Reserve Journal of International Law
No abstract provided.
Child Pirates From Somalia: A Call For The International Community To Support The Further Development Of Juvenile Justice Systems In Puntland And Somaliland,
2012
Case Western Reserve University School of Law
Child Pirates From Somalia: A Call For The International Community To Support The Further Development Of Juvenile Justice Systems In Puntland And Somaliland, Danielle Fritz
Case Western Reserve Journal of International Law
No abstract provided.
The U.K. Bribery Act: Endless Jurisdictional Liability On Corporate Violaters,
2012
Case Western Reserve University School of Law
The U.K. Bribery Act: Endless Jurisdictional Liability On Corporate Violaters, Jessica A. Lordi
Case Western Reserve Journal of International Law
No abstract provided.
