Corporations as Semi-States

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When Ebola came to West Africa in 2014, Liberia could not cope. The State’s already fragile public health infrastructure was largely ineffective in responding to the illness and preventing its spread. And, the World Health Organization’s support was slow and stilted. By contrast, Firestone, a tire company that operates a vast rubber plantation in Liberia and runs its own hospital for 80,000 employees, family dependents, and persons in neighboring localities, responded to the virus much more effectively. This Article uses Firestone’s Ebola response as an entry point to study a phenomenon too frequently overlooked.

Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts

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Foreign judges play an important role in deciding constitutional cases in the appellate courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to the phenomenon of “hybrid” constitutional courts staffed by a mix of local and foreign judges. This Article addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential advantages and disadvantages of hybrid models of constitutional justice.

Use or Abuse of § 1782 Discovery in Less-Developed Legal Systems

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This Note discusses 28 U.S.C. §1782, which authorizes district courts to issue orders compelling discovery of evidence located within their district for use in a proceeding in a foreign tribunal. This Note addresses whether, to satisfy the § 1782 “for use” requirement, applicants must show that they possess some procedural right entitling them to participate in the foreign proceeding or otherwise describe the procedures through which the applicant intends to inject the requested discovery into the foreign proceeding.

Interpreting “Space Resources Obtained”: Historical and Postcolonial Interventions in the Law of Commercial Space Mining

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This Note addresses a fundamental ambiguity in the U.S. Commercial Space Launch Competitiveness Act of 2015 (“CSLCA”). It is unclear whether the statute authorizes U.S. citizens to extract natural resources from asteroids and other celestial bodies, as is commonly assumed. Alternatively, the statute can be read to merely entitle citizens to resources that have already been obtained, where the regime for actually obtaining such resources remains undetermined.

The Model International Mobility Convention

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People are as mobile as they ever were in our globalized world. Yet the movement of people across borders lacks global regulation, leaving many people unprotected in irregular and dire situations and some States concerned that their borders have become irrelevant. And...