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.”

Creating a Legal Framework for Terrorism Defectors and Detainees in Somalia

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Through multiple interviews with people working in Somalia on the national program for rehabilitating and reintegrating former terrorists, this Note maps out the current legal framework for handling terrorists and evaluates its effectiveness. It concludes that, while the current programs in Somalia are a positive step and likely to be more effective than traditional counter-terrorism models, there is still a need to ensure adequate safeguards for disengaging terrorists.

Rethinking the Employment Status of Refugees in the United States

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A change in the policy of barring refugees from jobs in the U.S. Federal Civil Service could mitigate challenges for the refugee population. The current policy is misguided from a humanitarian and economic perspective and potentially unconstitutional as it may be in conflict with U.S. obligations under the 1967 Protocol on the Status of Refugees.

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.