Regulatory failure causing financial crises has occurred with great frequency in the last ten years in both advanced and emerging nations. Theories of regulation have failed to define and describe the meanings of deregulation, the range of regulatory models and their goals, the significance of...

This article argues that criticism of the International Criminal Court (ICC) has been unduly abandoned to realists and conservatives. Instead, it proposes the contours of a more radical critique of the ICC that takes aim of some of its unquestioned liberal assumptions, including its claimed...

This paper summarizes the recent stock options backdating scandal from the perspective of the Securities and Exchange Commission. The paper begins with a brief history of the stock options expensing debate. The paper continues with a discussion of the academic research that propelled the...

Military spending in the West generally declined after the Cold War. Given the economic pressures that many of these states confronted, they can be said to have experienced a fortuitous conjunction of lessening security demands with stable if not rising pressures to allocate more resources to...

Legal systems throughout East Asia are in the midst of rapid and potentially fundamental change, across a range of legal fields. This paper, prepared for a conference on the potential effects of 9/11 on legal and social change in East Asia, examines East Asian legal reforms in the areas of...

This brief essay was part of a symposium entitled Fairness and Evidence in War Crimes Trials. To mark the commencement of the first international criminal trials taking place at the International Criminal Court in The Hague, this special issue was devoted to the question whether a person facing...

During the trial of Saddam Hussein evidence was largely ignored by media coverage. The media's focus on controversial judicial rulings, assassinations of defense counsel, resignation of judges, scathing outbursts, allegations of mistreatment, hunger strikes, and even underwear appearances...

Through analysis of two recent cases, one Israeli and one British this paper advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as prohibition against torture, enforced through transitional adjudication. More specifically, this paper...

This article presents a theory of federal constitutionalism that is based on a comparative analysis of the American, Swiss, Canadian and Australian constitutions. The article focuses on what are argued to be five key dimensions of federal constitutionalism: namely, formation, representation,...

Contrary to myth of Jewish passivity, many Jews did fight back during the Holocaust. They shut down the extermination camp at Sobibor, rose up in the Warsaw Ghetto, and fought in the woods and swamps all over Eastern Europe. Indeed, Jews resisted at a higher rate than did any other population...