Vol. LIV No. 3

Editors’ Foreword: Filling Power Vacuums in the New Global Legal Order

When editors from our two publications met with our international law faculty to plan a symposium, we had a distinct goal to examine a question that has thus far received minimal scholarly attention: after power has been decentralized from a state-centric monopoly, where does it flow, and what forms does it take? The resulting symposium […]

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Introduction: Globalization, Power, States, and the Role of Law

Abstract: On October 12, 2012 the Boston College Law Review and the Boston College International and Comparative Law Review held a joint Symposium entitled, “Filling Power Vacuums in the New Global Legal Order.” In three panel discussions and a keynote address by Anne-Marie Slaughter, a lively discourse on the impact of globalization on state power, the […]

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Filling Power Vacuums in the New Global Legal Order

Abstract: In her Keynote Address at the October, 12, 2012 Symposium, Filling Power Vacuums in the New Global Legal Order, Anne-Marie Slaughter describes the concepts of “power over” and “power with” in the global world of law. Power over is the ability to achieve the outcomes you want by commanding or manipulating others. Power with is […]

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Globalization and Hegemony Shift: Are States Merely Agents of Corporate Capitalism?

Abstract: Since the advent of state sovereignty with the Peace of Westphalia, powerful Western nations have determined and applied international law in a manner that advance their national interests. In short, the international legal process has been a mechanism of hegemony, and powerful Western nations have been hegemons through this process over less-developed countries. Since […]

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A Framework for Assessing Global Economic Governance

Abstract: Increased globalization over the last twenty years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty and the Financial Stability Board. This Article proposes a five-part test to evaluate how the existing global […]

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Opportunism and Trade Law Revisited: The Pseudo-Constitution of the WTO

Abstract: The constitutionalization of the world trade system has elevated it in legal thinking and given it a false aura of permanency and immutability. The debate among legal academics on this has centered on the technical aspects of trade disputes rather than on the critical issue of the normative nature and effects of the system […]

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A Précis of On Global Justice, with Emphasis on Implications for International Institutions

Abstract: In an increasingly globalized world, philosophers have had to broaden their focus from what is a just distribution of holdings within a state to what is a just distribution of holdings globally. The traditional debate centers on whether distributive justice applies only at the state level or whether it extends to all human beings. […]

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Power, Rules, and the WTO

Abstract: Using Martti Koskenniemi’s theory about international law as a starting point, this Article examines how the interpretive heritage of the World Trade Organization (WTO) constrains the interpretive options available for understanding the WTO rules. First, this Article describes Koskenniemi’s critique of international law as being in permanent conflict between visions of international law as […]

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Institutional Bridging: How Large Law Firms Engage in Globalization

Abstract: This Article introduces the “Born Global” concept into the discussion of law firms and lawyers. Born Global firms are companies that globalize at an accelerated rate. This Article illustrates that English and American law firms are the precursors to Born Global companies and highlights how the common law facilitated this process. It also demonstrates, […]

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U.K. Refugee Lawyers: Pushing the Boundaries of Domestic Court Acceptance of International Human Rights Law

Abstract: This Article analyzes how refugee lawyers in the United Kingdom navigate the tension between state power and international norms. Based on interviews with lawyers representing persons seeking asylum and other forms of refugee protection in the United Kingdom, the Article reveals how these lawyers successfully utilize international human rights treaties on behalf of their […]

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The Rise of the Corporate Legal Elite in the Brics: Implications for Global Governance

Abstract: Both international relations scholars interested in the future of global governance and sociologists of the legal profession studying the globalization of the legal services market are devoting increasing attention to rising powers, particularly the BRICS (Brazil, Russia, India, China, and South Africa). Yet very little of this rich literature addresses the intersection between these […]

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Training Army Judge Advocates to Advise Commanders as Operational Law Attorneys

Abstract: Today, U.S. Army commanders and the military lawyers assigned to advise them—Army Judge Advocates—find themselves operating in areas of extreme legal complexity, where nuanced political and strategic implications are often at the forefront, and where “black letter law” is rarely sufficient to render competent advice. Through formal training at The Judge Advocate General’s Legal […]

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The Evolving Jurisprudence of the Crime of Rape in International Criminal Law

Abstract: For centuries, rape has served as a weapon of war, despite criminal prohibitions forbidding its use. Nevertheless, only in recent decades has international law made significant strides in defining and prosecuting rape as a war crime and crime against humanity. International criminal tribunals prosecuting crimes of sexual violence in prior conflict zones such as […]

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Labor and Commercial Arbitration: The Court’s Misguided Merger

Abstract: In the 2011 case, in AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) preempts state contract laws that interfere with the goals of the Act, including the defense that an arbitration agreement is unconscionable. This decision was hardly surprising despite its significant effect on consumers and […]

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Not Quite Filling The Gap: Why the Miscellaneous Expense Allowance Leaves the NCAA Vulnerable to Antitrust Litigation

Abstract: Throughout its history, the National Collegiate Athletic Association (NCAA) has been repeatedly accused of violating antitrust law in a range of different ways—restricting television broadcasts, limiting coaches’ salaries, and capping the amount of athletic scholarships. Most recently, in the case of White v. NCAA, a class of plaintiffs argued that the NCAA’s artificial limitation […]

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International Organ Trafficking Crisis: Solutions Addressing the Heart of the Matter

Abstract: The grave inadequacy of current international attempts to curtail organ trafficking signals the need for a new approach in the form of a fundamental paradigm shift. Instead of continuing to focus efforts solely on criminalization, countries must devise a broad scheme aimed at decreasing organ shortages. These shortages fuel the illegal organ market, as […]

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Norm Conflict, Fragmentation, and the European Court of Human Rights

Abstract: In Al-Jedda v. United Kingdom, the European Court of Human Rights addressed the petition of a person detained by U.K. occupation forces in Iraq pursuant to United Nations Security Council authorization. One issue before the court in Al-Jedda—whether the petitioner’s rights against the U.K. government under the Convention for the Protection of Human Rights […]

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Frankly, My Dear America, We Don’t Give a Damn: Comparing Chinese And European Trade Barriers to American Audiovisual Works and the American Response

Abstract: For Hollywood film studios, strict Chinese regulations controlling the importation and distribution of foreign audiovisual works within China have made the Chinese audiovisual market as impenetrable as the Great Wall. Recently, in China—Measures Affecting Trading Rights, the World Trade Organization (WTO) ordered China to relax its barriers to foreign films. China has yet to […]

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The Dangers of Eyewitness Identification: A Call for Greater State Involvement to Ensure Fundamental Fairness

Abstract: In 2012, the U.S. Supreme Court decided Perry v. New Hampshire, the Court’s first case on the admissibility of eyewitness identifications in thirty-five years. The Court held that the Due Process Clause does not require a preliminary judicial assessment of the reliability of an eyewitness identification that was not procured under unnecessarily suggestive circumstances […]

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Prisoners of Fame: How an Expanded Use of Intrusion Upon Psychological Seclusion Can Protect the Privacy of Former Public Figures

Abstract: Public figures who no longer receive attention in the public sphere have had enormous difficulty regaining the privacy rights they once had. When it comes to limiting the discussion of their personal affairs, both the First Amendment and the common law invasion of privacy torts make no distinctions between former public figures and those […]

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