Volume 35 - Issue 2 Fordham International Law Journal

Rethinking the Role of Amicus Curiae in International Investment Arbitration: How to Draw the Line Favorably for the Public Interest

In 2008, foreign investment matters reached the incredible amount of US$1.7 trillion. During 2010, international companies such as Enron Corp., Siemens AG, Royal Dutch Shell PLC, Telefónica, S.A., Exxon Mobil Corp., CEMEX S.A.B. de C.V., and Total, S.A., were all involved in international investment arbitrations. In these arbitrations, investors claimed that international treaties were violated [...]

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Confronting the Challenges of Domestic Violence Sentencing Policy: A Review of the Increasingly Global Use of Batterer Intervention Programs

On January 17, 2010, in West Haven, Connecticut, Selami Ozdemir murdered his wife, Shengyl Rasim, in front of their two children. Ozdemir then used the same gun to take his own life. Although undoubtedly a tragedy in its own right, the devastation of this murder-suicide is compounded by the larger failure of the criminal justice [...]

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Legislating Human Rights: The Case for Federal Legislation to Facilitate Domestic Judicial Application of International Human Rights Treaties – Human Rights in the Obama Administration: A Stein Center & Leitner Center Colloquium

In scholarly discourse about rights, it is often assumed that democracy is bad for rights. Rights protect individuals. Democratically enacted laws reflect the will of the majority. The “tyranny of the majority,” as John Stuart Mill warned long ago, threatens the rights of individuals. It is not necessarily so. There are important examples in recent [...]

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The Limits of Change: International Human Rights Under the Obama Administration

As a candidate for president, Barack Obama made “change” a central theme of his campaign. In particular, he railed against the Bush administration’s human rights policy, including its resort to a war of choice that resulted in many civilian casualties, its detention of suspected terrorists at Guantanamo, its use of military tribunals instead of civilian [...]

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Support and Defend: Civil-Military Relations in the Age of Obama – Human Rights in the Obama Administration: A Stein Center & Leitner Center Colloquium

The constitutional linchpins of human rights—most notably regular elections, habeas corpus, freedom of expression, and civilian control of the military—ensure that the people remain sovereign in a democratic society by allowing them to hold governments accountable. These instruments work to prevent arbitrariness in government. They enable the people to speak and ensure that their leaders [...]

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Objection Overruled: The Binding Nature of the International Norm Prohibiting Discrimination Against Homosexual and Transgendered Individuals

On June 17, 2011, the United Nations Human Rights Council (“UNHRC”) narrowly passed the “Human Rights, Sexual Orientation and Gender Identity” Resolution (“Resolution”). The Resolution expresses “grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and [sic] gender identity.” It aims to [...]

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