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All Volumes | Volume 84 | Issue 1

Law and Longitude

Jonathan R. Siegel | Article

The story of the eighteenth-century quest to “find the longitude” is an epic tale that blends science with law. The problem of determining longitude while at sea was so important that the British Parliament offered a large cash prize for a solution and created an administrative agency, the Board of Longitude, to determine the winner. The generally popular view is that the Board of Longitude cheated John Harrison, an inventor, out of the great longitude prize.

This Article examines the longitude story from a legal perspective. The Article considers how a court might rule on the dispute between Harrison and [...]

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Domestic Courts and Global Governance

Christopher A. Whytock | Article

Domestic court decisions often make headlines around the world. For example, recent United States Supreme Court decisions about the International Court of Justice and the rights of foreign detainees held by the United States at Guantanamo Bay have attracted international attention. However, the role of domestic courts in the world extends far beyond headlines. Seemingly routine decisions on issues such as personal jurisdiction, forum non conveniens, choice of law, extraterritoriality, and arbitration have implications for global governance. Legal scholarship divides these issues into doctrinal categories like civil procedure, conflict of laws, and international law. But by doing so, it misses [...]

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Interpreting Ne Exeat Rights as Rights of Custody: The United States Supreme Court’s Chance to Advance the Purposes of the Hague Convention on International Child Abduction

Jane A. Jackson | Comment

In Abbott v. Abbott, the United States Supreme Court will construe the Hague Convention on the Civil Aspects of International Child Abduction. Specifically, the Court will determine whether a ne exeat clause, which precludes a parent from taking his or her child out of the country without the other parent’s consent, is a “right of custody” for purposes of the Convention. The U.S. circuit courts are divided on the issue, and the approach of the majority of circuits is in opposition to the approach taken by the majority of foreign courts that have addressed the issue. This Comment argues that [...]

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How the Legal Regimes of the European Union and the United States Approach Islamic Terrorist Web Sites: A Comparative Analysis

Megan Anne Healy | Comment

Eight years after the 9/11 terrorist attacks it comes as no surprise that the Internet has become a tool of terrorism. In addition to using the Internet to spread propaganda and raise funds to support their cause, terrorists also use the Internet to recruit and train new members. What should come as a surprise, however, is that the U.S. government has failed to take any steps towards deterring terrorist recruitment and training online. In stark contrast, the European Union recently passed three laws targeted directly at online terrorist activity, including: (1) public provocation to commit a terrorist offense, (2) recruitment [...]

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More Cooperation, Less Uniformity: Tax Deharmonization and the Future of the International Tax Regime

Steven A. Dean | Article

Efforts to foster improved international tax cooperation have become preoccupied with tax harmonization. Deharmonization offers the possibility of harmony without uniformity. By exploring two examples of tax deharmonization in practice and considering the origins and limitations of tax harmonization, this Article brings the traditional emphasis on harmonization into question. It then makes the case that deharmonization–cooperation without uniformity– could provide a viable alternative. Achieving tax deharmonization’s potential would require revisiting some of the most basic elements of our current international tax regime, particularly the benefits principle.

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      • Volume 87
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        • Issue 2
        • Issue 3
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        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
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      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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