Databased of International Law Journal and Research Center
Professor Flaherty’s Restoring the Global Judiciary revisits a longstanding debate among legal scholars and practitioners: should courts intervene in foreign affairs and national security? Can they do so effectively? Roughly two diverging approaches to these questions have emerged over time. One camp has doubted the democratic legitimacy of judicial interference with foreign affairs.3 Judges are Read More …
Can the United States government enforce a warrant to compel an American Internet service provider (“provider” or “ISP”) to surrender a customer’s data that are stored in another country? Should it be able to do so? This Note focuses on a case that was before the Supreme Court that addressed this question.1 United States v. Read More …
On behalf of Fordham University School of Law (“Fordham Law” or “the Law School”) and the Fordham International Law Journal (“the Journal”), I am honored to dedicate this Issue of the Journal to the memory of Roger J. Goebel, one of Fordham Law’s most beloved professors and a titan of European Union Law. Roger passed Read More …
There seems to be a prevailing assumption that advocacy before the United States Court of International Trade (CIT or the court) somehow differs from advocacy in general. I suggest that to a large degree it does not. Despite the similarities to practice in other courts, there are a few matters worth noting about practice in Read More …
Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that Read More …
Mr. Christopher dicusses the three key external factors in the success that were achieved during the Carter Administration. They are people, process and a profession. Warren Christopher
This Note will examine the tax exemption for property used in religious worship in its English and American settings. Analysis of the scope of the exemption in England will review the history of the exemption and its present application. The discussion of the exemption in the United States will focus on constitutional considerations. The theism Read More …
The number of displaced persons in the world is at an unprecedented high. There are more than seventy million people in the world that are currently searching for a place to live. To put this into context, if these people were all in the one country it would be the nineteenth biggest country in the Read More …
This Note explores the existing limitation laws followed in the United States and other countries and demonstrates that these laws have been applied unjustifiably to pleasure craft. It discusses the proposed limitation alternatives and their treatment of the pleasure craft limitation issue and offers a workable definition of pleasure craft, which can be used as Read More …
This Note argues that the adoption of FEMA should signal to the United States that there is a need for a formalized agreement with Canada to minimize future discovery conflicts in civil litigation. Part I analyzes the trend in the United States federal courts towards enforcement of extraterritorial discovery orders. Part II discusses the ineffectiveness Read More …