International Law

Global Institutional Choice

Frederick J. Lee

Many of today’s problems are global in nature and scope. Collective action problems such as global climate change and systemic risk in capital markets threaten to affect every person on the planet. Yet because these problems transcend national boundaries, a single nation cannot solve them alone. So what do we… Read More »

Fraud on the Global Market: U.S. Courts Don’t Buy It; Subject-Matter Jurisdiction In F-Cubed Securities Class Actions

Julie B. Rubenstein

The ability of publicly available information to affect stock prices and the globalization of the world’s economies has ushered in an era of transnational securities fraud.  The United States, with its unique class-action mechanism, has become an increasingly attractive forum not only for U.S. investors seeking to recoup their losses… Read More »

Cybersieves

Derek E. Bambauer - Brooklyn Law School

Your Internet is missing something.
In India, it’s pornography. In China, it’s political dissent; in France, white supremacist sites; in America, copyrighted material. Countries worldwide are using a combination of legal rules and technological tools to make targeted information disappear from their citizens’ view of cyberspace. This strategy, known as… Read More »

Recognizing Equity Problems in the Taxation of Cross-Border Workers

Ruth Mason - University of Connecticut School of Law

Suppose a Belgian resident earns all of his income in Germany. Under the Belgian-German tax treaty and Belgian law, only Germany would tax his income. But which country should grant him personal tax benefits—things like mortgage interest deductions and charitable deductions? Where a worker lives in one country but works… Read More »

Reining in Non-State Actors: State Responsibility and Attribution in Cases of Genocide

Berglind Halldórsdóttir Birkland

In 2007, the International Court of Justice (ICJ) defined the scope of state responsibility under the Genocide Convention for the first time when it reached the merits in the Genocide Case, a case arising from the violent breakup of the former Yugoslavia. The opinion immediately spurred extensive academic commentary, much of… Read More »

The Impact of West Tankers on Parties’ Choice of a Seat of Arbitration

Daniel Rainer

In Allianz SpA v. West Tankers Inc., the European Court of Justice (ECJ) deemed antisuit injunctions, a tool that English courts commonly employ to enforce arbitration agreements, incompatible with EU law.  As a result, English courts can no longer issue an antisuit injunction preventing a party—who is either ignoring or contesting… Read More »

Myth of Mess? International Choice of Law in Action

Christopher A. Whytock - University of Utah, S.J. Quinney College of Law

Can choice of law productively contribute to global governance? A growing body of research by law and economics scholars suggests that the answer is yes. According to this research, well designed choice-of-law rules can both create incentives for private transnational actors to behave efficiently and foster international regulatory competition that encourages national lawmakers to enact globally efficient substantive laws… Read More »

Welcome to Legal Workshop

New York University & Stanford University

Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
 
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »