Modern risks are increasingly complex. Experts provide sober insights into the consequences of our regulatory choices. But these same risks also breed greater uncertainties and, thus, harder political decisions. Ever more urgent, then, becomes the need to ensure those decisions are transparent...

Most any industry, property owner, or individual is simultaneously subject to countless regulations at the local, state, and federal levels. That is an unavoidable consequence of living in the modern administrative state. At least some of those regulations are arbitrary or unreasonable, exceed...

On November 14, 2013, Professor Dervan was called to testify before the United States House of Representatives' Committee on the Judiciary Over-Criminalization Task Force. Available here is his written testimony. In his written testimony, Professor Dervan examines the phenomenon of...

As the presence of SWFs in the global economy grows so does their involvement in international disputes. SWFs as SOEs involved in commercial activities present a particular set of challenges for regulators, adjudicators and legal practitioners. Although corporate structuring of SWFs differs,...

This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly...

In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis,...

The conferral of jurisdiction in matters of insurance according to Section 3 of Chapter II of the Regulation 44/2001 (Brussels I) is designed in view of protecting the weaker party who is granted the forum actoris advantage prescribed by Art. 9 par. 1b) of the Regulation. It should be borne in...

Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...

Over the last few years, the right to regulate has evolved from a rather inconspicuous, mistrusted concept to a necessary component of international investment agreements. This brief study offers a complementary account of the right to regulate compared to the author’s treatment of the topic a...