Rules v. Principles as Approaches to Financial Market Regulation

Author challenges the perception of institution-based financial regulation as a third paradigm in the approach to market [...]

The Rise of Constitutional Theocracy

The “ideal� model of a constitutional theocracy can be summarized by outlining four main elements: (1) adherence to some or all core elements of modern constitutionalism, including the formal distinction between political authority and [...]



Tacit Commitments, Constitutional Limits, and the Iraq Security Arrangement

Examines whether Senate advice and consent is required for the Bush Administration’s Strategic Framework Agreement with [...]

Between Religious Freedom and Equality: Complexity and Context

The authors discuss conflicts between the right to religious freedom and the right to equality, and propose factors that should be considered in resolving those [...]

The Old Isolationism and the New Law of the Sea: Reflections on Advice and Consent for UNCLOS

Professor David J. Bederman argues that isolationist impulses should not prevent the U.S. Senate from thoughtful consideration of the important benefits of the UN Convention on the Law of the [...]



The Unappreciated Margin: Turkish Electoral Politics Before the European Court of Human Rights

This article addresses the question of whether Turkey’s electoral threshold is compatible with the European Convention of Human [...]

Providing a Right of Self-Defense Against Large-Scale Attacks by Irregular Forces: The Israeli-Hezbollah Conflict

The author reviews traditional legal understandings of self-defense, applying them to the situation between Israel and Hezbollah and the U.N.’s role [...]

Judicial Diplomacy: The Role of the Supreme Courts in Mercosur Legal Integration

The author explains and presents examples of cross-border judicial diplomacy among Mercosur member [...]

The Legacy of Justice Aharon Barak: A Critical Review

The author takes a critical review of the judicial tenure of Israeli Justice Aharon [...]

China’s Proposed International Adoption Law: The Likely Impact on Single U.S. Citizens Seeking to Adopt from China and the Available Alternatives

The author outlines Chinese adoption policy and explores the ramifications of a proposed new law on U.S. potential adoptive [...]