Bridging the Cultural Gap in International Arbitrations Arising from FCPA Investigations

Download Full Essay   Full Article Available in: Fordham International Law Journal Volume 39, Number 1   Suggested Citation: Daniel Schimmel, Anthony Mirenda, & Shrutih Tewarie, Bridging the Cultural Gap in International Arbitrations Arising from FCPA Investigations, 39 Fordham Int’l Read More …

Feminism and International Law in the Post 9/11 Era

Accounts of the role and influence of feminism in international law and global governance from the 1990s onward have tended to vacillate between analyses of the marginalization of feminist perspectives and the narrative of “governance feminism,” the idea that feminists Read More …

ISIS, Boko Haram, and the Human Right to Freedom from Slavery Under Islamic Law

There is now a worldwide consensus on the firm existence of a human right to freedom from slavery. This consensus gives rise to what was thought to be an irrefutable argument that the right to be free from slavery is Read More …

The End of Law: The ISIL Case Study for a Comprehensive Theory of Lawlessness

This Article has five parts. Part I sets out and adopts the basic premises of the jurisprudential perspective championed by Professor Reisman and sketches his argument that legal solutions can always be fashioned in a meaningful and realistic manner. Part II discusses the development Read More …

Data Gathering and Analysis: The Anatomy of a Merger Investigation in Europe

Ever since the early days of European merger control, the European Commission (“Commission”) has relied heavily on information provided by the notifying parties and by relevant third parties in carrying out its review of concentrations. More recently, the Commission has added economic analyses and Read More …

Sex and the Shari’a: Defining Gender Norms and Sexual Deviancy in Shi’i Islam

This Article demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation in order to serve three primary commitments. The first commitment is less a normative expectation and more a presumption of reality. Read More …

Soziale Kompetenz: A Comparative Examination of the Social-Cognitive Processes that Underlie Legal Definitions of Mental Competency in the United States, Germany, and Japan

Part I of this Article will examine plain-text selections of legal language concerning mental competency from the constitutions, codes, or relevant decisions by the highest national courts, of three countries: the United States, Germany, and Japan. As three of the biggest economic powers on Read More …

The Pen and the Sword: Legal Justifications for the United States’ Engagement Against the Islamic State of Iraq and Syria (ISIS)

Part I of this Comment will lay out the potential arguments the United States could make to justify its engagement against ISIS under international law, jus ad bellum. This Part will also present existing commentary on the strengths and weaknesses of the available Read More …