Month: January 2013
International Arbitration and the Transformation of Comparative Law
—Donald Childress III, Pepperdine University We are in the midst of a monumental shift in the way international law views the state. While at one time, the nation-state claimed near absolute authority over prescribing, adjudicating, and enforcing law, today we see many non-state actors competing for legal competence.
Clapper v. Amnesty International: Still Trying for a Day in Court
—Sudha Setty, Western New England University School of Law In the last decade, U.S. courts have consistently blocked civil suits seeking damages for government overreaching in its counterterrorism programs. Most cases have been dismissed at the pleadings stage, as courts have found plaintiffs to be without standing and/or have found that plaintiffs who have standing have no real way of bolstering their case because of lack of discoverable materials.
The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America
—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court.
The New Framework Agreement between the Philippine government and the Moro Islamic Liberation Front
—Anna Su, S.J.D. Candidate, Harvard Law School, A new Framework Agreement between the Philippine government and the Moro Islamic Liberation Front was signed with much rejoicing and fanfare last October 15. To be sure, the Framework Agreement is not yet a peace agreement.
Japan Developments: An Era Ends, and New One Around the Corner?
Yesterday, the New York Times reported the death of Beate Sirota Gordon, likely the last link to the drafting of the Constitution of Japan in 1946. Sirota had been raised in Japan, and was a civilian employee of the U.S. occupation forces when she was thrust into the drafting process in February of 1946.
Romanian Elections: An “Original” Democracy?
–Bianca Selejan-Guţan, Lucian Blaga University of Sibiu, Simion Bărnuţiu Faculty of Law The long-awaited process in which Romanians were called to elect their representatives in the country’s Parliament came to an end last month. The Central Electoral Office announced the final results.