International Law

Will Capitalism Kill Compassion?—An Analysis of the Future of Corporate Liability Under the Alien Tort Statute

Dina H. Arouri

Abstract This Note proposes that the Court erred in the recent decision, Jesner v. Arab Bank, PLC, when it failed to adopt a standard that remained faithful to Congress’s intent at the inception of the Alien Tort Statute (ATS): to remedy human rights violations while remaining relevant to the global economy. In Jesner, the Court […]

Rational Basis Is The Only Rational Solution: Resolving Foreign Commerce Clause Confusion

Written By: Justin Senior

Abstract Congress enacted the PROTECT Act in 2003 to curtail the sexual abuse of children by U.S. citizens abroad. While the Act has not received much attention from scholars or courts, defendants in court consistently challenge its constitutionality. Congress maintains that it has the Foreign Commerce Clause power to prohibit the illicit sex activity in […]

Double-Tap Warfare: Should President Obama Be Investigated for War Crimes?

Written by: Samuel Alexander

Abstract A “double-tap” drone strike involves bombing a target, waiting a period of five to twenty minutes, often during which first responders arrive, and then bombing the target a second or even third time. This Note argues that such attacks, by virtue of their indiscriminate nature, are likely serious violations of Common Article 3 of […]

Sapna Kumar, Regulating Digital Trade

Abstract Under § 337 of the Tariff Act, the International Trade Commission (ITC) has jurisdiction over articles that enter the country and infringe intellectual property rights. Recently, the ITC vastly expanded its powers, asserting jurisdiction over imported digital files that infringe intellectual property rights. This Article examines the limits of the ITC’s authority, arguing that […]

Robert D. Sowell, New Decisions Highlight Old Misgivings: A Reassessment of the Foreign Trade Antitrust Improvements Act Following Minn-Chem

What role does the United States play in policing international commerce? At what point do the laws of the United States end and those of other nations begin? These questions, among others, arise in determining when U.S. antitrust laws apply to foreign conduct. Looking back, the Sherman Act, for some time, has applied to foreign […]

Robert D. Sowell, Misuse of Information Under the Computer Fraud and Abuse Act: On What Side of the Circuit Split Will the Second and Third Circuits Wind Up?

The Computer Fraud and Abuse Act (CFAA) has reached a breaking point. The much-discussed issue is whether the CFAA provides a cause of action against persons who use electronic information in a way that violates a relevant computer-use policy.  Four circuit courts of appeals have held that the CFAA provides a cause of action for […]

Alberto R. Gonzales & Amy L. Moore, No Right at All: Putting Consular Notification in its Rightful Place After Medellin

This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that […]

Robert D. Sowell, New Decisions Highlight Old Misgivings: A Reassessment of the Foreign Trade Antitrust Improvements Act Following Minn-Chem

What role does the United States play in policing international commerce? At what point do the laws of the United States end and those of other nations begin? These questions, among others, arise in determining when U.S. antitrust laws apply to foreign conduct. Looking back, the Sherman Act, for some time, has applied to foreign […]

Hari M. Osofsky, Multidimensional Governance and the BP Deepwater Horizon Oil Spill

63 Fla. L. Rev. 1077 (2011)| | | ARTICLE :: This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions-vertical, horizontal, direction of hierarchy, cooperativeness, and public- private-to […]

Kit Johnson, The Wonderful World of Disney Visas

63 Fla. L. Rev. 915 (2011)|  | | ARTICLE :: International workers play an important role in perpetuating the carefully crafted fantasy that to visit the Walt Disney World Resort in Orlando, Florida is to be transported to far-off destinations around the globe. This Article examines how Disney has filled its need for these workers in […]

Heather Reynolds, Irreconcilable Regulations: Why the Sun Has Set on the Cuban Adjustment Act in Florida

63 Fla. L. Rev. 1013 (2011)|  | | NOTE :: Just past midnight, four Cubans walked off the beach in the dark and began to wade through warm waves out into the Florida Straits. They walked nearly a mile in waist-high water, carrying all of their possessions above their heads. They knew to stop when they […]

Ann Laquer Estin, Families Across Borders: The Hague Children's Conventions and the Case for International Family Law in the United States

62 Fla. L. Rev. 47 (2010) |   |   |   | ABSTRACT :: In our globalized world, as families form and dissolve across international borders, domestic family law does not adequately address the needs of parents and children with ties to multiple legal systems. For these cases, the Hague Children’s Conventions provide a […]

David A. Karp, Setting the "Persecutor Bar" for Political Asylum after Negusie: Negusie v. Holder, 129 S. Ct. 1159 (2009)

61 Fla. L. Rev. 933 (2009) | | | | INTRODUCTION :: After night fell in the port city of Massawra, Eritrea, Daniel Girmai Negusie slipped out of the military prison where he had been held for four years. During the day, he hid at a friend’s house; at night, he swam out to container […]

Robert J. Rhee, Tort Arbitrage

60 Fla. L. Rev. 125 (2008) | | | | ABSTRACT :: The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued […]

Larry Dougherty, Does a Cartel Aim Expressly? Trusting Calder Personal Jurisdiction when Antitrust Goes Global?

60 Fla. L. Rev. 915 (2008) | | | | INTRODUCTION :: Suppose your law firm represents CrabApple, the large, California-based manufacturer of the BuyPod, a portable digital music player. CrabApple also sells songs from its online music store, BuyTunes, for use on the BuyPod. One morning, a class-action antitrust lawsuit lands on your desk. […]

The Honorable Rosemary Barkett, Dunwody Distinguished Lecture in Law: Judicial Discretion and Judicious Deliberation

59 Fla. L. Rev. 905 (2007) | | | | INTRODUCTION :: Thank you for the opportunity to deliver the Dunwody Distinguished Lecture in Law. It is an honor and a privilege to join the extraordinary list of those who have participated in this series of Lectures. Like Elliot and Atwood Dunwody, I am a […]

Diane Lourdes Dick, The Case of the Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions in Federal Statutes and International Treaties?

57 Fla. L. Rev. 91 (2005) | | | | INTRODUCTION :: “This little yellow Cuban biplane opened a diplomatic Pandora’s box when it touched down at the Key West airport.” In November 2002, an Antonov Colt biplane owned by the Cuban government was stolen from a Havana airfield and flown to Key West, Florida, […]

Robert A. Caplen, Mending the "Fence": How Treatment of the Israeli-Palestinian Conflict by the International Court of Justice at the Hague Has Redefined the Doctrine of Self- Defense

57 Fla. L. Rev. 717 (2005) | | | | INTRODUCTION :: The problem [of Palestine] is mainly one of human relationship and political rights. Few countries have been the subject of so many general or detailed enquires . . . .” While the United States has not been wholly immune from terrorism in recent […]

Kevin M. Shuler, Is the Endangered Species Act Endangered in the Age of Strict Federalism? A Florida Perspective on the Recent Commerce Clause Challenges to the ESA

57 Fla. L. Rev. 1135 (2005) | | | | INTRODUCTION :: Suppose that a ten-million-dollar development project in Levy County was suddenly stymied by the discovery of a nest of Florida salt marsh voles. Such a delay could endanger a project bringing much-needed jobs to one of Florida’s poorest counties. Despite existing in only […]

Jacqueline Lipton, Information Property: Rights and Responsibilities

56 Fla. L. Rev. 135 (2004) | | | | INTRODUCTION :: Can you own information? If so, what is the theoretical justification for ownership, and precisely what rights does ownership confer? What is the impact of ownership of information and ideas on society and on the public domain? These questions have increasingly absorbed the […]

Viet D. Dinh, Dunwody Distinguished Lecture in Law: Nationalism in the Age of Terror

56 Fla. L. Rev. 867 (2004) | | | | INTRODUCTION :: September 11, 2001 was a wake up call. Many of us, however, are still asking ourselves exactly what we woke up to and how it should define our domestic and foreign policy. Appreciating the exceptional nature of the threat, the government has embarked […]

Maxwell O. Chibundu, For God, for Country, for Universalism: Sovereignty as Solidarity in our Age of Terror

56 Fla. L. Rev. 883 (2004) | | | | INTRODUCTION :: “Nations and peoples can lose their heads.” On September 11, 2001, three hijacked jet airliners deliberately were crashed into buildings in New York City and Washington, D.C. A fourth aircraft, apparently intended for the same purpose, crashed into a field in Pennsylvania. The […]

Amitai Etzioni, On the Need for more Transnational Capacity

56 Fla. L. Rev. 921 (2004) | | | | INTRODUCTION :: Professor Dinh raises the right issue highlighted by the 9/11 Commission: what should be the post-Cold War organizing principle for the global order? Historians may well consider the period between 1989 and 2001 a confused interim, in which it was unclear what would […]

Winston P. Nagan & Craig Hammer, Patriotism, Nationalism, and the War on Terror: A Mild Plea in Avoidance

56 Fla. L. Rev. 933 (2004) | | | | INTRODUCTION :: “Terrorism is a global menace which clearly calls for global action. Individual actions by Member States, whether aimed at State or non-state actors, cannot in themselves provide a solution. We must meet this threat together.” -Kofi Annan “Major Strasser has been shot. Round […]

Jordan J. Paust, Tolerance in the Age of Increased Interdependence

56 Fla. L. Rev. 987 (2004) | | | | INTRODUCTION :: For several reasons, I hope that you will be a relatively tolerant reader. I am not sure that I can offer insights that an experienced psychiatrist or sensitive moral philosopher might lend to a discussion of love, loyalty, nationalism, patriotism, and what most […]

John Quigley, Identifying the Origins of Anti-American Terrorism

56 Fla. L. Rev. 1003 (2004) | | | | INTRODUCTION :: Professor Dinh’s analysis is directed at identifying the instrumentalities that, in his view, should cope with terrorism. His analysis is an important piece of the puzzle. Professor Dinh argues that it is nation-states, acting collectively, that should respond to terrorism, and his article […]

Brad R. Roth, The Enduring Significance of State Sovereignty

56 Fla. L. Rev. 1017 (2004) | | | | INTRODUCTION :: Prompted by the advent of new threats to national and human security, Viet Dinh’s article, Nationalism in the Age of Terror makes a case for the continued relevance of state sovereignty and patriotism in the twenty-first century. Counter to the recent tendency in […]