Issues

59.2

Coming by the end of September 2019.

59.1

Articles

E-Commerce Transactions and Country of Origin Marking for Imported Products: A Gap Between Statutory Purpose and Legal Requirements – Christine Abely

“This Article examines whether the country of origin marking regulations administered by U.S. Customs and Border Protection should be amended to include a new requirement that a product’s country of origin be disclosed at the online point of sale. This Article also identifies further areas of research that could be explored, including those which may be useful in determining the potential effectiveness of country of origin disclosures made at online points of sale, and considers available alternatives to the implementation of additional country of origin marking rules in the context of remote sales.”

Read Abely’s full Article here.

Outsourcing of Governmental Functions in Contemporary Conflict: Rethinking the Issue of Attribution – Jennifer Maddocks

“This article first assesses the relevance of Article 5 ARSIWA in contemporary conflict. It considers the outsourcing of public functions to PMSCs and cyber operators, as well as the general features of the attribution standard. It then explores in detail the three criteria upon which attribution under Article 5 is based: delegation of governmental authority, empowerment by the internal law of the state, and action pursuant to a governmental mandate. The article seeks to develop an analytical framework within which to assess the scope of the attribution standard, concluding that it may, in practice, provide a broader basis of attribution than that indicated by the strict wording of Article 5.”

Read Maddocks’ full Article here.

Personal Jurisdiction: The Transnational Difference – Austen Parrish

“This Article engages with some of the key debates that have emerged among international law and civil procedure scholars by examining the flurry of recent transnational cases that have become a common feature on the U.S. Supreme Court’s docket. It makes three principal contributions. First, it explains how the recent decisions involving personal jurisdiction should be understood within, and partly limited to, their international contexts. Second, it details how international law imposes modest constraints on national court adjudicatory authority, and pushes back on recent attempts to reimagine public international law. Third, it describes an interplay between unilateral domestic extraterritorial regulation and international lawmaking, and aligns personal jurisdiction with the closely-related area of legislative jurisdiction. Constraints on broad jurisdictional assertions in transnational disputes may be one of the predicates necessary to spur U.S. multilateral engagement.”

Read Parrish’s full Article here.

Notes

The Constitutional Protection of Freedom of Religion in Russia and Hungary: A Comparative Analysis – Marilyn Guirguis

“This Note analyzes why Russian minority religions fared better in pushing against some of the restrictive measures the government advanced while those in Hungary failed. Russia and Hungary are both post- communist countries that have emerged from previously-repressive regimes with aspirations to become democratic countries, built on tolerance of differing values and a commitment to furthering human dignity. However, both countries use several tactics that oppress religious minorities. Some of the major ways majorities represented in government have been able to assert their own principles have been through the promotion of state interests at the cost of the individual. National security, and the health and well-being of others, are commonly asserted as valid reasons to suppress minority dissent.”

Read Guirguis’ full Note here.


58.2

Articles

Contextualizing Cost Shifting: A Multimethod Approach – Sergio Puig

Tackling Fossil Fuel Subsidies Through International Trade Agreements: Taking Stock, Looking Forward – Cleo Verkuijl, Harro van Asselt, Tom Moerenhout, Liesbeth Casier, and Peter Wooders

Essays

Armed Conflict at the Threshold? – Deborah Pearlstein

Notes

The Utility of Futility: Local Remedies Rules in International Investment Law – Zachary Mollengarden


58.1

Articles

Procedural Justice In Transnational Contexts – Stephen Cody & Alexa Koenig

Stealth Theocracy – Yvonne Tew

Analogies in Detentions: Distorting the Balance Between Military Necessity and Humanity – Charles Pendleton Trumbull IV

Discursive Justice: Interpreting World War II Litigation in Japan – Timothy Webster

Notes

Enforcement of International Treaties by Domestic Courts of Iran: New Developments – Farshad Rahimi Dizgovin


57.3

Articles

External Dimensions of the French Constitution – John Bell

The External Dimensions of Constitutions – Eyal Benvenisti & Mila Versteeg

Refugees Misdirected: How Information, Misinformation, and Rumors Shape Refugees’ Access to Fundamental Rights – Melissa Carlson, Laura Jakli, & Katerina Linos

Country-Specific Investments and the Rights of Non-Citizens – Adam Chilton & Eric Posner

Detaining Non-Citizens: Political Competition and Weak v. Strong Judicial Review – Rosalind Dixon & Brigid McManus

The American Founding and Global Justice: Hamiltonian and Jeffersonian Approaches – David Golove

Constitution in the World: The External Dimensions of South Africa’s Post-Apartheid Constitution – Heinz Klug

Vulnerable Insiders: Constitutional Design, International Law, and the Victims of Internal Armed Conflict in Colombia – David Landau

The Rights of Aliens under the United States Constitution: At the Border and Beyond – George Rutherglen

Israel’s External Constitution: Friends, Enemies, and the Constitutional/Administrative Law Distinction – Adam Shinar

Alien Citizens: Kurds and Citizenship in the Turkish Constitution – Ozan Varol

Sovereignty and Beyond: The Double Edge of External Constitutionalism – Neil Walker


57.2

Articles

Weathering the “Perfect Storm:” Welcoming Refugees While Protecting the United States at Home and Abroad – Peter Vincent

Legislating Transnational Jurisdiction – Aaron Simowitz

Statutory International Law – Ashley Deeks

Building Multilateral Anticorruption Enforcement: Analogies between International Trade & Anti-Bribery LawRachel Brewster & Christine Dryden

Unintended Agency Problems: How International Bureaucracies Are Built and EmpoweredAnu Bradford, Stavros Gadinis, & Katerina Linos

Notes

A Design-Around for the United States Design Patent System: What Can the United States Learn from the United Kingdom and Canada in the Aftermath of Samsung v. Apple?Katherine McNutt

Otherwise Occupied: The Legal Status of the Gaza Strip 50 Years after the Six-Day WarRoi Bachmutsky


57.1

Articles

Germany’s German ConstitutionRussell Miller

Interpretive DivergenceNeha Jain

Constitutional Design Two Ways: Constitutional Drafters as JudgesRosalind Dixon

Notes

Decentering or Decentralizing? Economic, Social, & Cultural Rights in Federal SystemsReedy C. Swanson