Doubly Uncooperative Federalism and the Challenge of U.S. Treaty Compliance

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This Article explores the undertheorized and understudied phenomenon of doubly uncooperative federalism. While most commentary examining the behavior of U.S. states with respect to treaty regimes focuses on cooperative behavior—that is, states that aid in the implementation of duly ratified treaties, or even aid in the implementation of treaties that the federal government has yet to ratify—this Article focuses on settings of doubly uncooperative federalism.

Rights and Queues: Distributive Contests in the Modern State

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This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique challenge to rights and “rights talk.”

Ralls Corp. v. CFIUS: A New Look at Foreign Direct Investments to the US

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The CFIUS process typically occurs privately and opaquely, but Ralls Corporation brought a legal challenge in federal courts resulting from an unfavorable ruling. Though full resolution did not ultimately occur, the first and only CFIUS suit in history opened the door for future litigation and substantially strengthened investors’ rights.

Is U.S. Law Enforcement Stronger than That of a Developing Country?

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Corporate governance literature usually refers to enforcement superiority to explain the premium that foreign firms enjoy when cross-listing in U.S. stock exchanges. This Article casts doubt on this hypothesis by analyzing two comparative case studies of private and public enforcement actions taken against securities fraud in the United States and in Brazil. The case studies show that U.S. enforcement was superior in terms of private shareholder financial recovery but inferior when it came to public discipline and out-of-pocket liability costs for corporate actors.

Regionalism, Regime Complexes, and the Crisis in International Criminal Justice

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This Article identifies an emerging regime complex in the field of international criminal law and analyzes the development of the regional criminal court to the African Court of Justice and Human Rights. This Article discusses how the International Criminal Court’s institutional crisis created a space for regional innovation. It finds that regime complexes can form not only due to strategic inconsistencies as discussed in the literature, but also because of the influence of regional integration.

Letters from the Front Lines: State Communications to the U.N. Security Council During Conflict

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This Article analyzes state communications to the United Nations Security Council during episodes of serious interstate conflict. I hypothesize that overall state communications should have increased after the Cold War; that states should be advancing more diverse legal justifications for their uses of force; and that states should be focusing more on the jus in bello than during the Cold War. An analysis of several hundred state communications drawn from a fifty-year period provides only limited support for these hypotheses. Patterns in state justifications to the Security Council have not changed markedly, and states remain overwhelmingly focused on self-defense as a legal justification.

Dangerous Liaisons: The Responsibility to Protect and a Reform of the U.N. Security Council

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This Article responds to current literature, which unitarily advocates for a United Nations Security Council (UNSC) reform solution to the Responsibility to Protect (R2P) deadlock, particularly in the context of the situation in Syria. This Article argues, contra the consensus, that a reformed UNSC would hinder the crystallization of R2P as a customary norm and its application to humanitarian crises.

Combating Bribery of Indigenous Leaders in International Business

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As U.S. law enforcement agencies have intensified their efforts to combat bribery in international business under the Foreign Corrupt Practices Act (FCPA), one form of corruption has been overlooked: bribery of indigenous leaders by multinational enterprises undertaking projects that will impact their communities. This Article demonstrates that the FCPA, the Travel Act, and other federal statutes could be readily applied to this form of bribery.

The Right to Read

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This article argues that reading should be understood as a universal human right. Once recognized in principle, it remains necessary to translate the right to read from a vague ideal into concrete content. As a starting point, the right to read requires that every person be entitled to education for literacy and the liberty to freely choose the reading material they prefer. Less obviously, but crucially, the right to read also means that everyone must have access to an adequate supply of reading material. Law and policy must be designed to ensure that books, ebooks, and other reading material are made widely available and affordable—even to the poor and to speakers of minority languages.