Publications

RECENT PUBLICATIONS

Jun 8, 2012

Japan’s Love for Derivative Actions: Irrational Behavior and Non-Economic Motives as Rational

Not long ago, there was a consensus in the legal academy that the Japanese were irrational litigants. As the theory went, Japanese people...

Jun 8, 2012

Law and Development as Anti-Comparative Law

This Article asserts that during the twentieth century, American law has predominantly structured its relationship to foreign legal...

Jun 8, 2012

Promises of Leniency: Whether Companies Should Self-Disclose Violations of the Foreign Corrupt Pract

Over the last ten years, the Department of Justice (DOJ) has prosecuted an increasing number of Foreign Corrupt Practices Act (FCPA)...

Jun 8, 2012

A Complementarity Conundrum: International Criminal Enforcement in the Mexican Drug War

Drug-related violence in Mexico has claimed over 34,000 lives since Mexican President Felipe Calderón initiated his crackdown on Mexico’s...

Jun 8, 2012

A Social Psychology Model of the Perceived Legitimacy of International Criminal Courts: Implications

There is a large body of literature arguing that positive perceived legitimacy is a critical factor in the success of international...

Jun 8, 2012

Toward a Public Enforcement Model for Directors’ Duty of Oversight

This Article proposes a public enforcement model for the fiduciary duties of corporate directors. Under the dominant model of corporate...

Jun 6, 2012

The Role of International Law in Intrastate Natural Resource Allocation: Sovereignty, Human Rights,

State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity...

Jun 6, 2012

Secular Crosses and the Neutrality of Secularism: Reflections on the Demands of Neutrality and its

This Note discusses analogous themes in two religious public display cases, Lautsi v. Italy, recently decided by the Grand Chamber of the...

Jun 6, 2012

Plugging the Leak in § 1498: Coercing the United States into Notifying Patent Owners of Government U

When the United States uses a patent for public, noncommercial purposes, it is required under the Agreement on Trade-Related Aspects of...

Jun 6, 2012

Market-Oriented Subnational Debt Regimes: Empowering the Developing World to Construct Infrastructur

Globally, as national governments continue to decentralize fiscal and governmental responsibility, the sound facilitation of subnational...

Jun 4, 2012

Lifting the Veil of Secrecy: Judicial Review of Administrative Detentions in the Israeli Supreme Cou

All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from...

Jun 1, 2012

Enforcing the Nuclear Nonproliferation Regime: The Legality of Preventive Measures

Efforts to limit the proliferation of nuclear weapons and nuclear-weapons-related technology have increasingly involved economic, ...