| Author | Title | Citation | Summary | Year | Key Terms |
| T. Leigh Anenson |
Treating Equity like Law: a Post-merger Justification of Unclean Hands |
45 American Business Law Journal 455 (Fall, 2008) |
How absurd for us to go on until the year 2000 obliging judges and lawyers to climb over a barrier which was put up by historical accident in 14 century England and built higher by the eagerness of three extinct courts to keep as much business as possible in their own hands, so that these hands might be full of fees! --Zechariah Chafee, Jr. The New... |
2008 |
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| Jordan Wilder Connors |
Treating like Subdecisions Alike: the Scope of Stare Decisis as Applied to Judicial Methodology |
108 Columbia Law Review 681 (April, 2008) |
The Supreme Court has explained that stare decisis binds the Court to both its result and those portions of the opinion necessary to [the] result. Yet the Supreme Court does not seem to extend this principle to those necessary portions, herein called subdecisions, that involve methodological questions. For example, when a case rests on a... |
2008 |
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| Diane E. Hoffmann |
Treating Pain v. Reducing Drug Diversion and Abuse: Recalibrating the Balance in Our Drug Control Laws and Policies |
1 Saint Louis University Journal of Health Law & Policy 231 (2008) |
I. Introduction. 233 II. Arrests and Prosecutions of Physicians for Opioid Prescribing. 236 A. Dr. Frank Fisher. 239 B. Dr. Cecil Knox. 242 C. Dr. William Hurwitz. 245 D. Dr. Jeri Hassman. 250 E. Dr. Ronald McIver. 253 III. The Roots of the Conflict--A Clash of Cultures. 256 IV. The History of U.S. Drug Enforcement Related to Physician Prescribing.... |
2008 |
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| Timothy G. Burroughs |
Turning Away from Islam in Iraq: a Conjecture as to How the New Iraq Will Treat Muslim Apostates |
37 Hofstra Law Review 517 (Winter 2008) |
Can freedom of religion be reconciled with death for apostasy? The 2006 Constitution of Iraq binds the new Iraqi state to upholding both the freedom of religion and the principles of Islam, which includes capital punishment for leaving Islam according to many scholars. In resolving this seeming collision of ideological commitments, the new Iraq... |
2008 |
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| Lee Botts , Paul Muldoon |
Using the Boundary Waters Treaty for the 2ist Century: Revitalizing the Great Lakes Governance Regime |
54 Wayne Law Review 1553 (Winter, 2008) |
I. Introduction. 1554 II. The Opportunity to Reflect on Great Lakes Governance. 1554 III. The Decline of Great Lakes Governance. 1557 A. The Decline in Binational Processes. 1558 B. The Decline in Community and the Rise in Bilateral Advocacy. 1560 C. The Proliferation of Great Lakes Related Institutions. 1565 IV. The Need for Better Governance... |
2008 |
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| Alice Edwards |
Violence Against Women as Sex Discrimination: Judging the Jurisprudence of the United Nations Human Rights Treaty Bodies |
18 Texas Journal of Women and the Law L. 1 (Fall 2008) |
A. INTRODUCTION. 2 B. THE U.N. HUMAN RIGHTS TREATY BODIES. 5 C. FEMINIST CRITIQUES OF INTERNATIONAL HUMAN RIGHTS LAW AND THE EQUALITY GUARANTEES. 8 D. EQUALITY AND NON-DISCRIMINATION ON THE BASIS OF SEX IN INTERNATIONAL LAW. 18 1. U.N. Charter and the Universal Declaration of Human Rights. 18 2. International human rights instruments. 19 3.... |
2008 |
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| Diane M. Ring |
What's at Stake in the Sovereignty Debate?: International Tax and the Nation-state |
49 Virginia Journal of International Law 155 (Fall 2008) |
Introduction. 156 I. The Normative Implications of Sovereignty for International Taxation. 159 A. The Sovereignty Concept. 159 B. The Functional Role of Sovereignty in Taxation. 167 1. Revenue. 167 2. Fiscal Sovereignty. 168 C. What Norms Are at Stake When States Assert Sovereignty?. 170 1. The Democracy Problems. 170 a. Democratic Accountability.... |
2008 |
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| Jennifer L. Greenblatt |
What's Dignity Got to Do with It?: Using Anti-commandeering Principles to Preserve State Sovereign Immunity |
45 California Western Law Review Rev. 1 (Fall 2008) |
Introduction. 2 I. A Focus on States' Rights: Alden v. Maine and Eleventh Amendment Sovereign Immunity. 4 A. Freeing Eleventh Amendment from Its Textual Mooring. 5 B. Alden 's Fixation on State Dignity. 8 II. A Focus on the Limits of Federal Power: The Anti-Commandeering Principle. 11 A. Anti-Legislative Commandeering (New York v. United States).... |
2008 |
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| Nora O'Callaghan |
When Atlas Shrugs: May the State Wash its Hands of Those in Need of Life-sustaining Medical Treatment? |
18 Health Matrix: Journal of Law-Medicine 291 (Summer, 2008) |
The dispute over the legal duties owed to patients requesting life-sustaining medical treatment (LSMT) judged futile by doctors has proven intractable. This is because no consensus has emerged regarding what constitutes futile medical treatment, when the treatment the patient desires is physiologically effective in sustaining the patient's... |
2008 |
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| Daisuke Beppu |
When Cultural Value Justifies Protectionism: Interpreting the Language of the Gatt to Find a Limited Cultural Exception to the National Treatment Principle |
29 Cardozo Law Review 1765 (March, 2008) |
The World Trade Organization (WTO) maintains the regulation of international trade by promoting a general policy of mutual benefit and fairness amongst all trading nations. The present WTO agreement that governs the trading of goods--the General Agreement on Tariffs and Trade (GATT)--regulates trade relationships between the signatory... |
2008 |
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| Mariana Gaxiola-Viss |
Wrestling with God: the Courts' Tortuous Treatment of Religion |
9 Rutgers Journal of Law & Religion 18 (Spring, 2008) |
Much has been written about whether the Framers' intention when drafting the Establishment Clause of the First Amendment was to exclude religion from the state by a wall of separation, by some lesser measure, or by no measure at all. On one side of the debate, Justice Brennan and prominent commentator Erwin Chemerinsky, among others, advocate a... |
2008 |
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| Christopher L. Beals |
A Review of the State Sovereignty Loophole in Intellectual Property Rights Following Florida Prepaid and College Savings |
9 University of Pennsylvania Journal of Constitutional Law 1233 (9/1/2007) |
I. Historical Review of State Sovereign Immunity and The Intellectual Property Loophole. 1235 A. Evolution of the Eleventh Amendment and Sovereign Immunity. 1236 B. Limits on Sovereign Immunity. 1238 1. Ex parte Young. 1238 2. Congressional Legislation. 1240 a. Commerce Clause. 1240 b. 14th Amendment, Section 5. 1242 3. State Waiver of Immunity.... |
2007 |
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| Joy M. Purcell |
A Right to Leave, but Nowhere to Go: Reconciling an Emigrant's Right to Leave with the Sovereign's Right to Exclude |
39 University of Miami Inter-American Law Review 177 (Fall 2007) |
I. Introduction. 177 II. The Concept of a Right to Emigrate. 181 A. The Origin of a Universal Right to Freedom of Movement. 181 B. The Current Status of the Right to Emigrate. 186 III. Limits on Emigration: Sovereignty and Regulation of Immigration. 192 A. The U.S. Interpretation of Sovereignty. 192 B. Sovereignty and Regulation. 193 IV. Exceptions... |
2007 |
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| Michael T. Schwaiger |
A Visible Radiation: Interpreting the History of the Eleventh Amendment as Foreign Policy to Circumscribe the Treaty Power |
2 Duke Journal of Constitutional Law & Public Policy 217 (2007) |
I Introduction. 218 II Federalism and the Treaty Power. 222 A. Recent Federalism Jurisprudence and Treaties. 223 B. The Treaty Power: Text, Structure, and History. 226 C. The Nationalists and the Federalists on the Treaty Power. 230 1. The Nationalist Position. 230 2. The Federalist Position. 234 III The Foreign Policy History of the Eleventh... |
2007 |
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| Jordan J. Paust |
Above the Law: Unlawful Executive Authorizations Regarding Detainee Treatment, Secret Renditions, Domestic Spying, and Claims to Unchecked Executive Power |
2007 Utah Law Review 345 (2007) |
Whether they constitute torture or violence to life and person, it is quite clear that the tactics portrayed in photos from Abu Ghraib Prison, namely the stripping naked and hooding of persons for interrogation purposes and the use of dogs for interrogation and terroristic purposes, are patently illegal interrogation tactics. Such treatment... |
2007 |
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| James B. Cronon |
Accession to a Surrender of Sovereign Autonomy in Law?: the Effect of the European Union Membership Process upon Romania |
36 Georgia Journal of International and Comparative Law 189 (Fall, 2007) |
On January 1, 2007, the Republic of Romania finally entered the European Union (EU), along with the Republic of Bulgaria, pursuant to the latest of a long series of accessions to the EU. This accession increased the total number of sovereign nations within the EU to twenty-seven. The treaty between the Union members and the proposed new members was... |
2007 |
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| Timothy Zick |
Active Sovereignty |
21 Saint John's Journal of Legal Commentary 541 (Spring 2007) |
If there was something revolutionary about the recent federalism era, it was the manner in which the Court spoke of the states. When they entered the Union, the states were sometimes referred to as mere corporate forms. In recent federalism precedents, by contrast, the Rehnquist Court routinely referred to the states as sovereign. The Court... |
2007 |
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| Ronald Singh |
Advancing a "Carrot and Stick" Framework for Effective Caricom Environmental Cooperation and Governance |
16 Penn State Environmental Law Review 199 (Fall 2007) |
This article reinforces the strong link between economic growth and environmental integrity. In the Caribbean, the bid to preserve the environment's integrity is an unattainable task without the cooperation of the CARICOM member states. Although the birth of CARICOM had promised to usher in an era of mutual support and cooperation very little of... |
2007 |
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| Klaus Ferdinand Gärditz, University of Bayreuth |
Article 36, Vienna Convention on Consular Relations-treaty Interpretation and Enforcement-international Court of Justice-fair Trial- Suppression of Evidence |
101 American Journal of International Law 627 (July, 2007) |
Case Nos. 2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03. 60 Neue Juristische Wochenschrift 499 (2007). At (Federal Constitutional Court of Germany), September 19, 2006. On September 19, 2006, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) held in jointly... |
2007 |
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| Ndiva Kofele-Kale |
Asserting Permanent Sovereignty over Ancestral Lands: the Bakweri Land Litigation Against Cameroon |
13 Annual Survey of International and Comparative Law 103 (Spring, 2007) |
The Article focuses on the recently concluded Bakweri land case against Cameroon in the African Human Rights Commission. The Article uses this litigation as the basis for a re-examination of a host of issues relating to the enforcement of human rights, especially land rights, in post-colonial countries making the slow transition from single-party... |
2007 |
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| Orde F. Kittrie |
Averting Catastrophe: Why the Nuclear Nonproliferation Treaty Is Losing its Deterrence Capacity and How to Restore it |
28 Michigan Journal of International Law 337 (Winter 2007) |
Introduction. 338 I. NPT Overview. 346 II. The NPT's Verification Weaknesses. 350 III. Introduction to Sanctions. 354 A. Sanctions Goals. 356 1. Coercing a Change in Target Behavior. 356 2. Reducing or Containing Target Ability to Implement Objectionable Policies. 357 3. Deterring Other Actors that Might Contemplate Objectionable Actions. 357 4.... |
2007 |
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| Michael Muskheli |
Bankruptcy Law |
29 University of Arkansas at Little Rock Law Review 805 (Summer, 2007) |
Article I, Section 8, Clause 4 of the United States Constitution provides that Congress shall have the power to establish uniform Laws on the subject of Bankruptcies throughout the United States. Pursuant to this Clause, Congress has enacted extensive legislation on the subject, also referred to as the Bankruptcy Code (the Code). One section of... |
2007 |
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| Martin H. Redish , Daniel M. Greenfield |
Bankruptcy, Sovereign Immunity and the Dilemma of Principled Decision Making: the Curious Case of Central Virginia Community College v. Katz |
15 American Bankruptcy Institute Law Review 13 (Spring, 2007) |
Every war is comprised of a series of individual battles, each an attempt to secure an intermediary strategic advantage in the service of a greater purpose. Some ultimately prove to be relatively inconsequential. Others are transformational. In Central Virginia Community College v. Katz a dramatic campaign for control of sovereign immunity law was... |
2007 |
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| Robert A. McDonald |
Bankruptcy--does Bankruptcy Code Section 106 Authorize a Waiver of Sovereign Immunity for Emotional Distress Claims? |
30 Western New England Law Review 265 (2007) |
Imagine that you are a lower-middle-class taxpayer and you have finally realized your lifelong dream of starting your own business. After years of having to punch someone else's clock, you are finally ready to hang up your own shingle. You hope that the joy felt during the ribbon-cutting ceremony is a sign of a long and prosperous financial future.... |
2007 |
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| Denise Gilman |
Calling the United States' Bluff: How Sovereign Immunity Undermines the United States' Claim to an Effective Domestic Human Rights System |
95 Georgetown Law Journal 591 (March, 2007) |
The State has a legal duty to take reasonable steps to prevent human rights violations and to use the means at its disposal to carry out a serious investigation of violations committed within its jurisdiction, to identify those responsible, to impose the appropriate punishment, and to ensure the victim adequate compensation. C1-2Table of Contents... |
2007 |
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| Bradford Mank |
Can Plaintiffs Use Multinational Environmental Treaties as Customary International Law to Sue under the Alien Tort Statute? |
2007 Utah Law Review 1085 (2007) |
I. Introduction. 1086 II. General Principles: The Evolution of ATS Cases from Filartiga to Sosa. 1089 A. History of the ATS. 1089 B. The Law of Nations: Filartiga v. Pena-Irala and Its Progeny. 1090 C. United States Treaties. 1093 D. Private Versus State Actors. 1095 E. Defenses. 1098 III. Environmental Claims Under the ATS Before Sosa. 1100 A.... |
2007 |
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| Austen L. Parrish |
Changing Territoriality, Fading Sovereignty, and the Development of Indigenous Rights |
31 American Indian Law Review 291 (2006-2007) |
For much of the nineteenth and twentieth centuries, the international community resisted the notion of indigenous rights. In recent years, however, thishas changed. The emergence of indigenous rights in international law finally may be upon us. At the very least, the language of both international instruments and certain court decisions has... |
2007 |
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| Guadalupe T. Luna |
Chasing Treaty Promises |
18 Berkeley La Raza Law Journal 105 (2007) |
In their quest for housing throughout history and still today, Latinas/os continuously witness the disregard of international and domestic law. A survey of the legal methods various municipalities employ in seeking to eliminate Latinas/os from their communities, exemplifies how alleged legal rules advance power relationships in the United States.... |
2007 |
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| Emily L. Thompson , F. Soniya Yunus |
Choice of Laws or Choice of Culture: How Western Nations Treat the Islamic Marriage Contract in Domestic Courts |
25 Wisconsin International Law Journal 361 (Summer 2007) |
The topic of Islamic family law is one of controversy and much debate among Muslims and non-Muslims alike. All Muslims are in agreement, however, that Islamic law, or shari'a, is the law of God and that it is obligatory upon Muslims to obey its divine provisions. Except for municipal regulations, Islamic law is not made by the state; it is... |
2007 |
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| Nestor M. Davidson |
Cooperative Localism: Federal-local Collaboration in an Era of State Sovereignty |
93 Virginia Law Review 959 (June, 2007) |
Introduction. 960 I. Background: Federal-Local Cooperation and Constitutional Structure. 964 A. The Importance of Direct Federal-Local Cooperation. 966 B. Local Autonomy and the Intermediary of the States. 975 II. Local Government Powerlessness and State Sovereignty. 979 A. Plenary State Control of Local Governments and the Unitary State. 980 B.... |
2007 |
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| James F. Caputo |
Copy-katz: Sovereign Immunity, the Intellectual Property Clause, and Central Virginia Community College v. Katz |
95 Georgetown Law Journal 1911 (August, 2007) |
In January 2006, the Supreme Court decided the relatively unheralded case of Central Virginia Community College v. Katz. Dividing 5-4, the Court held that the history and structure of the Bankruptcy Clause of the United States Constitution indicate that it contains an implicit waiver of state sovereign immunitythat is, when states ratified the... |
2007 |
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| Graeme B. Dinwoodie |
Copyright Lawmaking Authority: an (Inter)nationalist Perspective on the Treaty Clause |
30 Columbia Journal of Law & the Arts 355 (Spring 2007) |
Scholars have long questioned the compliance of various aspects of copyright law with the demands of the United States Constitution. Over the past fifteen years, however, these questions have been asked with increasing frequency about increasingly diverse aspects of the copyright statute (both existing and proposed). Many of those constitutional... |
2007 |
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| Marisa Silenzi Cianciarulo |
Counterproductive and Counterintuitive Counterterrorism: the Post-september 11 Treatment of Refugees and Asylum-seekers |
84 Denver University Law Review 1121 (2007) |
The United States has a long and rich history of protecting individuals fleeing persecution. The country was founded as a haven from religious persecution, and became home to Quakers, Puritans, Catholics, Huguenots and other religious denominations unwelcome in England and other parts of Europe in the seventeenth and eighteenth centuries. This... |
2007 |
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| Melissa A. Waters |
Creeping Monism: the Judicial Trend Toward Interpretive Incorporation of Human Rights Treaties |
107 Columbia Law Review 628 (April, 2007) |
This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law... |
2007 |
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| Michael C. Duff |
Days Without Immigrants: Analysis and Implications of the Treatment of Immigration Rallies under the National Labor Relations Act |
85 Denver University Law Review 93 (2007) |
In the late winter and spring of 2006, a series of massive pro-immigration rallies occurred in a number of cities throughout the United States. One of the unusual aspects of the rallies was that many of them took place during the week on traditional work days. As one commentator has noted, large-scale political demonstrations historically have... |
2007 |
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| Adam Pekor |
Department of Revenue v. Davis: Why the Supreme Court Should Strike down the Differential Tax Treatment of In-state and Out-of-state Municipal Bonds |
60 Tax Lawyer 807 (Spring, 2007) |
Justice Cardozo once wrote, [t]he Constitution . was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division. Nowhere does this principle resound more deeply than in the dormant component of the Commerce Clause, which delineates the... |
2007 |
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| Robert M. Chesney |
Disaggregating Deference: the Judicial Power and Executive Treaty Interpretations |
92 Iowa Law Review 1723 (July, 2007) |
ABSTRACT: When confronted with ambiguous treaty language, do judges defer to the interpretation preferred by the executive branch? Should they do so? The descriptive and normative issues associated with judicial deference to executive-branch treaty interpretations are pressing, particularly in light of the impact U.S. treaty obligations might have... |
2007 |
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| Adam Feibelman |
Equitable Subordination, Fraudulent Transfer, and Sovereign Debt |
70 Law and Contemporary Problems 171 (Autumn 2007) |
Until recently, debates over sovereign debt have primarily focused on whether and how sovereigns in financial distress should be able to restructure their obligations. More recently, however, since the fall of Saddam Hussein's regime in Iraq, a new topic has gained much attention: whether sovereigns' creditors should be able to enforce obligations... |
2007 |
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| Ralph Brubaker |
Explaining Katz's New Bankruptcy Exception to State Sovereign Immunity: the Bankruptcy Power as a Federal Forum Power |
15 American Bankruptcy Institute Law Review 95 (Spring, 2007) |
I. Seminole Tribe: States' Constitutional Sovereign Immunity and Congressional Abrogation Thereof II. Hood: Solidification of a Bankruptcy Exception to State Sovereign Immunity A. Binding States to Federal Bankruptcy Proceedings in the Absence of Congressional Abrogation B. An In Rem Exception to State Sovereign Immunity in Bankruptcy? III. Katz:... |
2007 |
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| Jennifer E. Chen |
Family Conflicts: the Role of Religion in Refusing Medical Treatment for Minors |
58 Hastings Law Journal 643 (February, 2007) |
The rebellious teenager is a familiar icon in American culture. In a society that inconsistently treats adolescents as adults in some areas and as children in others, the struggle for independence continues until minors reach the legal age of autonomy at eighteen. Until that age, in many areas of legal significance, the minor is subject to the... |
2007 |
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| Richard Lieb |
Federal Supremacy and State Sovereignty: the Supreme Court's Early Jurisprudence |
15 American Bankruptcy Institute Law Review Rev. 3 (Spring, 2007) |
Here we are, over 200 years after the Constitution was promulgated, faced with debate among the Justices over whether the States are subject to enforcement of federal law in the federal courts, or even in their own courts. The issue is not new. It has its roots in the early political, economic and social history of the nation. The national... |
2007 |
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| John S. Gannon |
Federal Tort Claims Act--seeking Redress Against the Sovereign: Balancing the Rights of Plaintiffs and the Government When Applying Federal Rule of Civil Procedure 15(c) to Ftca Claims |
30 Western New England Law Review 223 (2007) |
In December 2000, the Boston Globe published a series of articles exposing corruption within the Boston office of the Federal Bureau of Investigation (FBI). One such piece focused on the 1965 slaying of Edward Teddy Deegan by two FBI informants. The article discussed secret documents that demonstrated the FBI knew beforehand of the informants'... |
2007 |
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| Arturo J. Marcano Guevara , David P. Fidler |
Fighting Baseball Doping in Latin America: a Critical Analysis of Major League Baseball's Drug Prevention and Treatment Program in the Dominican Republic and Venezuela |
15 University of Miami International and Comparative Law Review 107 (Fall, 2007) |
I. Introduction. 108 II. The Problem of Performance-Enhancing Drugs in Global Sports. 111 A. Performance-Enhancing Drugs and the Globalization of Sports: Emergence of Global Strategies to Fight Use of PEDs. 111 B. Performance-Enhancing Drugs and the Globalization of Baseball: Emergence of Strategies Against PED Use in the Major and Minor Leagues.... |
2007 |
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| Susan D. Franck |
Foreign Direct Investment, Investment Treaty Arbitration, and the Rule of Law |
19 Pacific McGeorge Global Business & Development Law Journal 337 (2007) |
I. Introduction. 338 II. Investment Treaties: Offering Investors Substantive Rights and Procedural Remedies. 341 A. Substantive Investment Rights. 342 B. Procedural Investment Rights. 343 C. The Investment Arbitration Process. 344 III. Investment Treaties And Foreign Direct Investment. 345 A. Anecdotal Evidence. 347 B. Empirical Analyses. 348 1.... |
2007 |
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| Tanya Mazur |
Free for the "Taking": Why States Should Not Be Able to Invoke Sovereign Immunity in Patent Infringement Disputes |
75 George Washington Law Review 398 (February, 2007) |
There is a crisis looming on America's horizon, whether in the form of bioterrorism, an avian flu pandemic, or the bankrupting of the federal government due to the aging population's need for health care. All of these crises demand widespread access to patented inventions, such as pharmaceuticals, to prevent the enormous suffering of Americans.... |
2007 |
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| Christopher Mark Macneill |
Gaining Command & Control of the Northwest Passage: Strait Talk on Sovereignty |
34 Transportation Law Journal 355 (Winter 2007) |
I. Introduction. 356 II. Statement of Claim. 358 III. History of the NWP. 358 IV. International Strait - The United States' Position on the NWP. 364 V. Mississippi River Waterway - A Comparative View: An Internal Waterway or International Passage of Transnational Origin, With Passage between Two Major Gulfs?. 365 VI. Global Interests in the NWP... |
2007 |
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| Jerome H. Reichman , Rochelle Cooper Dreyfuss |
Harmonization Without Consensus: Critical Reflections on Drafting a Substantive Patent Law Treaty |
57 Duke Law Journal 85 (October, 2007) |
In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side... |
2007 |
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| Christopher J. Borgen |
Imagining Sovereignty, Managing Secession: the Legal Geography of Eurasia's "Frozen Conflicts" |
9 Oregon Review of International Law 477 (2007) |
The world we have to deal with politically is out of reach, out of sight, out of mind. It has to be explored, reported, and imagined. Walter Lipmann The interrelated concepts of sovereignty, self-determination, and the territorial integrity of states form a Gordian knot at the core of public international law. These concepts encompass not only how... |
2007 |
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| Ranko Shiraki Oliver |
In the Twelve Years of Nafta, the Treaty Gave to Me . What, Exactly?: an Assessment of Economic, Social, and Political Developments in Mexico since 1994 and Their Impact on Mexican Immigration into the United States |
10 Harvard Latino Law Review 53 (Spring, 2007) |
The term globalization represents one of the most contentious political issues facing the modern world. While most governments seem committed (or, perhaps more accurately, resigned) to an ever-shrinking globe in which goods, services, transnational investments, and jobs move freely across the globe, some groups have met these policies with... |
2007 |
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| Susan D. Franck |
Integrating Investment Treaty Conflict and Dispute Systems Design |
92 Minnesota Law Review 161 (November, 2007) |
I. Foreign Investment and Investment Treaties. 168 A. The Role of Foreign Investment. 168 B. Investment Treaties. 171 1. Substantive Rights. 172 2. Procedural Rights: Resolving Investment Treaty Disputes. 172 II. Conflict Theory and Dispute Systems Design. 173 A. Conflict Theory. 173 B. Dispute Systems Design. 177 C. An Application to Investment... |
2007 |
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