The Rule of Law in the Recent Jurisprudence of the ECJ

There cannot be any doubt that the rule of law is one of the most elementary and important features of the European Union and the process of European integration as a whole. Without denying the nature... Read More

Combatting Economic Sanctions: Investment Disputes in Times of Political Hostility, a Case Study of Iran

Planes to Tehran are no longer only filled with Iranian expatriates, adventurous tourists, or curious journalists. As Jack Straw, former Foreign Secretary of the United Kingdom keenly observed, the planes... Read More

Beyond Self-Judgment: Exceptions Clauses in US BITs

The United States is now negotiating its most important bilateral investment treaty (“BIT”) to date, a BIT with China. In July 2013, the two States made the “[b]reakthrough [a]nnouncement” that... Read More

On the Public-Law Character of Competition Law: A Lesson From Asian Capitalism

This Article argues that competition law is best seen as a form of public law—the law that governs the governing of the state—and not as simply a form of private market regulation. Using the experiences... Read More

Ending Female Genital Mutilation & Child Marriage in Tanzania

In September of 1999, three young sisters, aged thirteen and fourteen, made a desperate effort to save themselves from female genital mutilation (“FGM”). They ran away from their home in the Morogoro... Read More

Ending Female Genital Mutilation & Child Marriage in Tanzania

In September of 1999, three young sisters, aged thirteen and fourteen, made a desperate effort to save themselves from female genital mutilation (“FGM”). They ran away from their home in the Morogoro region of Tanzania and sought refuge at a local church. The church pastors appealed to the local police for help protecting the girls, but the police returned the […]

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Worst Decision of the EU Court of Justice: The Alrosa Judgment in Context and the Future of Commitment Decisions

The adoption of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (the “Regulation”), which came into force in 2004, modernized European competition law. One of its provisions (Article 9 of Regulation 1/2003), which attracted little notice at the time, modified and […]

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How Italian Colors Guts Private Antitrust Enforcement by Replacing it with Ineffective Forms of Arbitration

The United States is becoming more like Europe, and not in a good way. For a long time, the central difference between antitrust enforcement in the United States and Europe has been that the United States features not only public enforcement, but a vigorous system of private antitrust enforcement, while in Europe, public agencies have had an effective monopoly on […]

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The Effect of the United Nations Convention Against Torture on the Scope of Habeas Review in the Context of International Extradition

In 1998, the United States implemented the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”) and made a commitment not to extradite a person to a country where there was a substantial risk that the individual would face torture pursuant to Article Three of the CAT. Many international fugitives (“extraditees”) have claimed in US courts […]

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Bringing in a New Scale: Proposing a Global Metric of Internet Censorship

Every day, a courier begins his route and enters a busy and seemingly endless highway. As he drives, he observes different passing exits. Some exits are patrolled by watchdogs, while towers and formidable walls loom over others. As he enters different exits, he is stopped and examined by each post differently. Some let him pass through freely, some cautiously examine […]

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Not “Fit” for Hire: The United States and France on Weight Discrimination in Employment

A majority of individuals in the United States are obese or overweight, and yet harmful stereotypes about obesity continue to pervade US society. Common perceptions of obese individuals as being lazy, unambitious, and lacking self-control can be an unfair disadvantage in the workplace. While these stigmas associated with obesity have existed throughout US history, recent progressive trends in US law, media, […]

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