Issues Archive

Articles include
Judicial Review Over Arbitration in China: Assessing the Extent of the Latest Pro-Arbitration Move by the Supreme People’s Court in the People’s Republic of China by Weixia Gu
Interrogation and Silence: A Comparative Study by Craig M. Bradley
The Unusual Sovereign State: The Foreign Sovereign Immunities Act and Litigation Against the Holy See for Its Role in the Global Priest Sexual Abuse Scandal by Melanie Black
“France, Love It or Leave It”: New French Law Restricts Family Reunification by Roya Hajbandeh
Vicarious and Contributory for Internet Host Providers: Combating Copyright Infringement in the United States, Russia, and China by Trudy S. Martin

Articles include
Unrecognized Victims: Sexual Violence Against Men in Conflict Settings Under International Law by Dustin A. Lewis
International Indigenous Land Rights: A Critique of the Jurisprudence of the Inter-American Court of Human Rights in Light of the United Nations Declaration on the Rights of Indigenous Peoples by Jo M. Pasqualucci
State Common Law Aspects of the Global Unwindings of the Madoff Ponzi Scheme and the Sub-Prime Mortgage Securitization Debacle: Buttressing the Thesis That Globalizing the American law School Curriculum at the Expense of Instruction in Core Common Law Doctrine Will Only Further Provincialize It by Charles E. Rounds, Jr.
Assessing Asylum Claims From Children Born in Violation of China’s One-Child Policy: What the United States Can Learn from Australia by Brian Edstrom
From Budapest to Berlin: How Implementing Class Action Lawsuits in the European Union Would Increase Competition and Strengthen Consumer Confidence by Christopher Smithka
It’s Greek to Me: The Case for Creating an International Agency to Enforce International Accounting Standards to Promote Harmonization and International Business Transactions by Peter White

Articles include
Judicial Judgment of the Iraq War: United States Armed Forces Deserters and the Issue of Refugee Status by Patrick J. Glen
How Historical Events and Relationships Shape Current Attempts At Reconciliation in Iraq by Jeremy Sarkin & Heather Sensibaugh
United Nations Working Group on the Use of Mercenaries as a Means of Violating Human Rights and Impeding the Exercise of the Rights of People to Self Determination & the Wisconsin International Law Society: Model Law for the Regulation of Private Military and Security Companies by Jose L. Gomez del Prado & Margaret Maffai .
Comments include
Accountability for Private Military and Security Company Employees that Engage in Sex Trafficking and Related Abuses While Under Contract with the United States Overseas by Margaret Maffai
Private Pictures, Public Exposure: Paparazzi, Compromising Images, and Privacy Law on the Internet by Maya Ganguly

Articles include
The Global Market for Health Care: Economics and Regulation by Thomas R. McLean
International Health Care Convergence: The Benefits and Burdens of Market-Driven Standardization by Nathan Cortez
Cross-Border Health Care in the EU and the Organization of the National Health Care Systems of the Member States: The Dynamics Resulting From the European Court of Justice’s Decisions on Free Movement and Competition Law by Johan W. Van Der Gronden
Financing National Health Care in a Transnational Environment: The Impact of the European Community Internal Market by Vassilis Zatzopolous
The Construction of Healthier Europe: Lessons From the Fight Against Cancer by Louise Trubek, Mark Nance, & Tamara Hervey
The European Court of Justice, Transnational Health Care, and Social Citizenship – Accidental Death of a Concept? by Christopher Newdick
“Together For Health”? How EU Governance of Health Undermines Active Biological Citizenship by Mark L. Flear
Migration of Patients and Migration of Power: Politics and Policy Consequences of Patient Mobility in Europe by Scott L. Greer
Health Care Financing and Delivery in the United States, Mexico, and Canada: Establishing Intentional Principles for Sound Integration by Eleanor D. Kinney

Articles include
Incoherence of Contract-Based Islamic Financial Jurisprudence in the Age of Financial Engineering by Mahmoud A. El-Gamal
Globalization of Islamic Finance Law by Scheherazade S. Rehman, PhD
RIBA, Efficiency, And Prudential Regulation: Preliminary Thoughts by Mohammad H. Fadel
Asset Securitization Sukuk and Islamic Capital Markets: Structural Issues in These Formative Years by Michael J.T. McMillen
Sharia Law as a System of Governance in Indonesia: The Development of Islamic Financial Law by Hikmahanto Juwana, Yeni Salma Barlinti & Yetty Komalasari Dewi
Islamic Liability (Daman) as Practiced by Islamic Financial Institutions by Walid Hegazy

Articles include
The Unique FCPA Compliance Challenges of Doing Business in China by Mike Koehler
Harmony or Coercion? China-EU Trade Dispute Involving Intellectual Property Enforcement by Wei Shi & Robert Weatherley
The Article 9 Pacifism Clause and Japan’s Place in the World by Michael J. Kelley
Unconstitutionally Limiting Congressional Treaty Power: Why NRDC v. EPA Creates Unsound Precedent for U.S. Jurisprudence by Steven Patrick Cotter
The Fight for Access to AIDS Medications: How the Central American Free Trade Agreement Conflicts with Costa Rica’s Constitutional Courts by Kate E. Kaiser
An Irish Lesson for Empowering America’s Part-Time Work Force: ERISA and the Protection of Employees (Part-Time Work) Act, 2001 by William J. Roberts

Special 25th Anniversary Issue

Articles include
Taking Judicial Notice of Genocide? The Problematic Law and Policy of the Karemera Decision by Ralph Mamiya
Civil Liability for Violations of International Humanitarian Law:  The Jurisprudence of the Eritrea- Ethiopia Claims Commission in The Hague by Won Kidane
Peace is not the Absence of Conflict:  A Response to Professor Roger’s Article “Fit and Function in Legal Ethics” by Kirsten Weisenberger
Book Review: Tai-Heng Cheng, State Succession and Commercial Obligations (2006) by Henry H. Perritt, Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Notes and Comments:
Diversionary Tactics:  Little Traverse Bay Bands of Odawa Indians v. Great Springs Waters of America, Inc., the Feared Inadequacy of Current Great Lakes Water Diversion Enforcement Mechanisms, and the Great Lakes Annex by Thomas A. Agnello
“Investor Protection” in Europe and the United States: Impacting the Future of Hedge Funds by Michael J. Schmidt

Articles include
The Dawn of Criminal Jury Trials in Japan:  Success on the Horizon? by Matthew Wilson
The Unfinished Business of American Democracy by Ezequiel Lugo
The War on Civil Law?  The Common Law as a Proxy for the Global Ambition of Law and Economics by Emma Phillips
Updating American Administrative Law:  WTO, International Standards, Domestic Implementation and Public Participation by David Livshiz
Notes and Comments include
De Facto Life Imprisonment in Mexico and the U.S.- Mexico Extradition Treaty of 1978 by Francisco J. Ortega
Correcting Mujica:  The Proper Application of the Foreign Affairs Doctrine in International Human Rights Law by Sinan Kalayoğlu
Global Warming v. Non-proliferation:  The Time Has Come for Nations to Reassert Their Right to Peaceful Use of Nuclear Energy by Daniel C. Rislove

Articles include
Introduction to the Symposium on Humanitarian Intervention After 9/11 by Scott Straus
From Humanitarian Intervention to the Responsibility to Protect by Gareth Evans
The Perils of Limited Humanitarian Intervention: Lessons from the 1990s by Benjamin Valentino
R2P after 9/11 and the World Summit by Thomas G. Weiss
The Vexing Problem of Authority in Humanitarian Intervention: A Proposal by Fernando R. Tesón
Constancy in Context by Michel Feher
Pro-Democratic Intervention in Africa by Jeremy I. Levitt