Authorizing Subnational Constitutions in Transitional Federal States: South Africa, Democracy, and t
Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what...
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Jul 23, 2012
Looking Beyond the Dabhol Debacle: Examining its Causes and Understanding its Lessons
This Note analyzes foreign direct investment in India, looking into the investment troubles surrounding the Dabhol power project, India’s...
Jul 23, 2012
Voodoo Economics: A Look Abroad for a Supply-Side Solution to America’s Campaign-Finance Riddle
The title of this Note—“voodoo economics”—is, at its core, an analogy: U.S. campaign-finance regulation operates like a price ceiling in...
Jul 23, 2012
A Coherent Policy Proposal for U.S. Residence-Based Taxation of Individuals
Taxation of the worldwide income of U.S. citizens has been a feature of the U.S. income tax since the Revenue Act of 1913. This Article...
Jul 23, 2012
Duress, Demanding Heroism, and Proportionality
This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although...
Jul 23, 2012
Recapturing Public Power: Is Investment Arbitration’s Engagement of the Public Interest Contributing
Globalization has changed the way sovereign states regulate their societies. The effect of globalization has been the creation of...
Jul 23, 2012
Gender Justice through Public Interest Litigation: Case Studies from India*
This Article examines the application of the Supreme Court of India’s enterprising Public Interest Litigation (PIL) mechanism to a...
Jul 20, 2012
Iraq, Secured Transactions, and the Promise of Islamic Law
When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in...
Jul 20, 2012
Towards Global Convenience, Fairness, and Judicial Economy: An Argument in Support of Conditional F
The Supreme Court held in Sinochem Int’l Co. Ltd. v. Malaysia Int’l Shipping Corp., that federal district courts can dismiss cases under...
Jul 20, 2012
Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy in Takeover C
This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States. The...
Jul 20, 2012
Coining a New Jurisdiction: The Security Council as Economic Peacekeeper
Economic conditions are linked to international peace and security. Financial crises, mismanagement of natural resources, food...
Jul 20, 2012
The Montreal Convention: Can Passengers Finally Recover for Mental Injuries?
Since the 1920s, recovery for accidents suffered on international flights has been subject to the Warsaw Convention’s limitation of...
Jul 20, 2012
International Law’s Mixed Heritage: A Common/Civil Law Jurisdiction
This Article provides the first application of the emerging mixed jurisdiction jurisprudence to a comparative analysis of international...
Jul 20, 2012
Indigenous Sovereignty: A Reassessment in Light of the UN Declaration on the Rights of Indigenous Pe
This Article explores the concept of “indigenous sovereignty” against the backdrop of the resurgence of indigenous peoples as actors in...
Jul 20, 2012
Dubai or not Dubai?: A Review of Foreign Investment and Acquisition Laws in the U.S. and Canada
The proposed purchase of a British company that controlled several ports in the United States by Dubai Ports World could accurately be...
Jul 20, 2012
Whose Child Is This?: Genetic Analysis and Family Reunification Immigration in France
In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily...
Jul 20, 2012
Law Triangle: Arbitrating International Reinsurance Disputes Under the New York Convention, the McCa
The McCarran–Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry. States...
Jul 20, 2012
Testing Japan’s Convictions: The Lay Judge System and the Rights of Criminal Defendants
Japan has endured considerable international and domestic criticism over the way its criminal justice system treats criminal defendants. ...
Jul 20, 2012
Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings
A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant...
Jul 20, 2012
The Un-Exceptionalism of U.S. Exceptionalism
This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal...
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