While customary law is capable of creating universally binding rules, the rules that govern its formation allow states to gain an exemption from emerging norms of customary law by remaining persistent objectors. This form of objection requires the objecting state to take express action to oppose...

In several contract situations, parties exchange promises of future performance, creating reciprocal obligations. In this paper, we extend the standard models of contract remedies to consider the incentives created by contracts where both parties provide only executory consideration and where...

In Williams v. Florida (399 U.S. 78 [1970]), the U.S. Supreme Court decided a case addressing the constitutionality of juries composed of fewer than 12 jurors, ruling that smaller juries are not inconsistent with the Sixth Amendment. In an effort to speed deliberation and reduce the rate of...