Articles 16/23

RECENT PUBLICATIONS

Apr 11, 2013

Lexis Nexus Complexus: Comparative Contract Law and International Accounting Collide in the IASB–FA

U.S. and international accounting-standard setters plan to launch a new, global revenue accounting standard, Revenue from Contracts with...

Apr 11, 2013

Beyond Regulation: A Comparative Look at State-Centric Corporate Social Responsibility and the Law i

Corporate social responsibility (CSR) is often understood as the voluntary actions firms take beyond legal compliance. However, in recent...

Feb 12, 2013

Feb. 8, 2013 Lucius Burch Memorial Lecture and The Role of Non-State Actors in International Law Sym

Feb 12, 2013

Returning Sovereignty to the People

Governments across the world regularly invoke sovereignty to demand that the international community “mind its own business” while they...

Feb 12, 2013

Jurisdictional Standards (and Rules)

This Article uses the jurisprudential dichotomy between two opposing types of legal requirements—“rules” and “standards”—to examine...

Feb 12, 2013

“Gray Zone” Constitutionalism and the Dilemma of Judicial Independence in Pakistan

Many countries exist in a “gray zone” between authoritarianism and democracy. For countries in this conceptual space—which is...

Nov 28, 2012

Dynamics of Healthcare Reform: Bitter Pills Old and New

The United States is at a crossroads—albeit one it has visited several times before. Although the Supreme Court has ruled upon the...

Nov 28, 2012

Judicial Review of Constitutional Transitions: War and Peace and Other Sundry Matters

Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive’s authority is...

Nov 28, 2012

Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in M

Maritime piracy is a serious problem, yet states are not prosecuting captured pirates with any regularity. One of the many reasons cited...

Nov 2, 2012

Imagining the Homeland from Afar: Community and Peoplehood in the Age of the Diaspora

Diasporas—understood as groups of individuals or communities who carry an image of a homeland that is separate from the host land in...

Nov 2, 2012

Microinvestment Disputes

Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that...

Nov 2, 2012

Recovering Protection and Security: The Treaty Standard’s Obscure Origins, Forgotten Meaning, and Ke

Among the most persistent controversies in international investment law is the nature of the “protection and security” standard found in...

Nov 2, 2012

Arbitration of Trust Disputes: Two Bodies of Law Collide

Once considered nothing more than “mere” estate-planning devices, trusts play a large and growing role in the international economy,...

Nov 2, 2012

2012 Jonathan I. Charney Lecture: Reflections from the International Criminal Court Prosecutor

#2012JonathanICharneyLecture #InternationalCriminalCourt #RomeStatute

Oct 16, 2012

Toward Facilitating a Voice for Politically Marginalized Minorities and Enhancing Presidential Publi

Residents of underdeveloped countries who belong to ethnic, racial, sexual, and political minorities usually endure relatively...

Oct 16, 2012

Are We There Yet?: Measuring Success of Constitutional Reform

Like many other countries in the world, the United Kingdom has been modernizing its constitutional arrangements. But unlike all other...

Oct 16, 2012

How Should a Court Deal with a Primary Question That the Legislature Seeks to Avoid? The Israeli Con

Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch,...

Sep 21, 2012

Human Dignity in the Line of Fire: The Application of International Human Rights Law During Armed Co

One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are...

Sep 21, 2012

Is the CISG Benefiting Anybody?

The Convention on Contracts for International Sale of Goods (CISG) was supposed to increase legal certainty and reduce the transaction...

Sep 21, 2012

When Globalization Hits Home: International Family Law Comes of Age

Not that long ago, international family law (IFL) referred to a series of multilateral conventions basically concerned with conflicts of...