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.

Foreign Assistance Complicity

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In 2013, the Appeals Chamber of the ICTY sent shockwaves through international legal circles when it ruled that “neutral” support to armed groups engaged in combat activities could not give rise to criminal responsibility absent evidence that the support was “specifically directed” toward the group’s unlawful activities. This Article contributes to the debate over the foreign assistance cases by questioning two of its key premises: the pervasive assumption that the resolution of these cases can and should be determined by recourse to the kind of precedential analysis that has dominated judicial consideration of international aiding and abetting cases, and the assumption that the resolution of individual foreign assistance cases turns on the particular doctrinal choices that have divided judges and commentators.

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.

International Dealmaking at the White House: Toward a Viable Test of Allowable Sole Executive Agreements

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The Constitution’s Treaty Clause, which states that the President “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur,” represents the only instance in which the Constitution describes a process by which the U.S. can conclude international agreements. This Note explores when the President may nevertheless lawfully enter “sole executive agreements” without the assent of a supermajority of the Senate.

Developing a Law of Asteroids: Constants, Variables, and Alternatives

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The proposition of mining an asteroid for natural resources is quickly moving from the realm of science fiction into viable reality. Meanwhile, the legal status of an asteroid-mining venture remains doubtful. This Note gives the legal problems a firmer foundation in scientific experience, weighs the merits and shortcomings of the extant proposals, considers which empirical variables should shape any future legal approach to asteroid law, and addresses some of the more general challenges of making law prospectively.

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.

Transatlantic (F)RANDs and Converging Standards: Finding Balance Between Jurisdictions in International Standard Setting

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The Microsoft v. Motorola cases in U.S. federal court and transformative developments in enforcement activity by the European Commission antitrust authorities have created a new dynamic intersection between competition and intellectual property law. This legal juncture focuses on a patent holder’s “reasonable and non-discriminatory,” or RAND, commitments to standard setting organizations.