There is a widespread belief throughout Latin America that the judicial sector is not in a position to foster private sector development within a market system. The courts are overburdened and unable to dispose of cases in a timely fashion. As a result, frustrated litigants lose faith in the...

Currently, international law refers to two different conventional legal sources in order to deal with the existence of a non–international armed conflict: Common Article 3 to the Geneva Conventions of 1949, and Article 1 of the 1977 Additional Protocol II. Yet, with the adoption of the Rome...

We investigate whether the inclusion of social rights in political constitutions affects social performance. More specifically, we analyze whether including the right to education in the constitution has been related to better "educational outcomes." We rely on data for 61 countries that...

Addressing the tax asymmetries of public entities in the Mexican territory, opens several possibilities of studies, which includes the magnitude and incidence of imbalances of the functions that empower the tax authorities in the country. Currently, this problem is observed in the face of the...

Research evidence across a number of disciplines and fields has shown that women can encounter both social and financial backlash when they behave assertively, for example, by asking for resources at the bargaining table. But this backlash appears to be most evident when a gender stereotype that...

This Symposium Essay compares current patterns and practices surrounding IRS utilization of IRB guidance (revenue rulings, revenue procedures, and notices) with administrative law doctrine concerning informal agency guidance documents. In administrative law jurisprudence, the distinction between...

Despite meaningful efforts to promote better practices and ensure quality among arbitrators and advocates, criticism of American arbitration is at a crescendo. Much of this criticism stems from the fact that arbitration under standard procedures has taken on the trappings of litigation -...

The latest Appellate Body Report continues the assault through WTO dispute settlement on the practice of 'zeroing' in anti-dumping proceedings. The US - Zeroing (Japan) dispute may put an end to zeroing in most contexts, even in the recalcitrant United States, which continues to decry the...

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...

This book analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to the contentious conversation about law – equity fusion in other countries of the...