Category Archives: Notes

Fair Enough? Reconciling the Pursuit of Fairness and Justice with Preserving the Nature of International Commercial Arbitration

In a study co-authored by Richard W. Naimark, the Senior Vice President of the American Arbitration Association (“AAA”), and Stephanie E. Keer, certain surprises were uncovered regarding the perception of private international commercial arbitration by attorneys and business people. The … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Boyle Test Is an Insufficient Standard for Determining Whether to Allow Private Military Contractors to Assert the Government Contractor Defense

“There is no accountability for the tens of thousands of contractors working [in] Iraq and abroad. Private contractors like Blackwater work outside the scope of the military’s chain of command and can literally do whatever they please without any liability … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Child Abuse by Another Name: Why the Child Welfare System Is the Best Mechanism in Place to Address the Problem of Juvenile Prostitution

Lucilia was thirteen years old the first time she was sold for sex. After being physically and sexually abused at home and chancing that life on the streets could not be worse than life at home, Lucilia ran away. Ultimately, … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Public Policy Exception, “The Freedom of Speech, or of the Press,” and the Uniform Foreign-Country Money Judgments Recognition Act

The Uniform Foreign Money-Judgments Recognition Act (“1962 Act”) was drafted by the National Conference of Commissioners on Uniform State Laws (“N.C.C.U.S.L.”) in 1962. The drafters hoped that states would codify the 1962 Act’s rules, long applied by the majority of … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Enhanced Arbitration Appeal Amendment: A Proposal to Save American Jurisprudence from Arbitration, Modeled on the English Arbitration Act of 1996

Arbitration, once relegated to commercial parties and disdained by the courts, has realized an expansive place in our adjudicatory regime. Even the local consumer who wishes to exterminate a termite infestation may find herself shunted to arbitration in a dispute … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Constitutional Solutions to the Problem of Diplomatic Crime and Immunity

No one is above the law. This principle has been a driving force throughout the great ideological experiment known as democracy. From childhood, we are told that people who commit crimes must answer for them. However, the simplistic nature of … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

The Impact of a Knee-Jerk Reaction: The Patriot Act Amendments to the Foreign Intelligence Surveillance Act and the Ability of One Word to Erase Established Constitutional Requirements

The attacks of September 11th sparked a new era in American political and legal history, altering the disposition of the nation’s citizens and the legal community from a feeling of comfort and tranquility to vulnerability and paranoia. A result of … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Economics of Electronic Waste Disposal Regulations

The components of municipal solid waste are rapidly changing. Obsolete computers, cellular phones, televisions, and many other outdated electronics, all known as electronic waste, are becoming a greater proportion of the global municipal waste stream. Technological innovation continues to improve, … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Resolving the Conflict Between Jewish and Secular Estate Law

Fred and Judith are an observant Jewish couple. They have two children, David and Esther. The majority of their million dollars in assets, which comprise their life savings, are in Fred’s name, as is the interest they will use to … Continue reading

Posted in Notes | Tagged , , , | Leave a comment

Cracking Open the Golden Door: Revisiting U.S. Asylum Law’s Response to China’s One-Child Policy

The United States has a long and rich history of protecting those individuals fleeing persecution. The first immigrants came because of religious persecution; more later came because they were being persecuted for their political opinions. Congress even extended protection to … Continue reading

Posted in Notes | Tagged , , , | Leave a comment