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You are here: Volume 38, Issue 1

Read full article (PDF) Taxes kindled the American Revolution. Revolt against collecting revenues without representation caused a tea party, propelling the colonies toward convening the First Continental Congress. Forgotten, though, is the role of taxes in shaping our fledgling nation immediately after the Revolution. Control over which governmental body could…
Read full article (PDF file) Why is it that we no longer punish states, or, at least, do not admit to doing so? The moral rhetoric of “crime” and “punishment” of states has been excised from mainstream international law, and replaced with an amoral rhetoric of “threat” and “prevention.” Today,…
Read full article (PDF file) Since the attacks of September 11, 2001, the United States has used the detention of suspected terrorists as a key element of its counterterrorism operations. Yet the sources of the U.S. government’s authority to detain suspected terrorists—and the limitations on that authority—remain ill defined. This…
Read full article (PDF) This Note examines the international law of cyber-warfare. It identifies the conditions under which a distributed denial-of-service (DDoS) attack may qualify as an “armed attack” under various international legal instruments, including Article 51 of the U.N. Charter and Article 5 of the North Atlantic Treaty. By…
Read full article (PDF) ETSI found itself in a bind. A leading French nonprofit organization focused on standardizing transmission frequencies across telecommunications networks worldwide,  the European Telecommunications Standards Institute (ETSI) had played a major role in promoting global interoperability of telecommunications equipment using cutting-edge technology. Yet, the selection of one…
Read full article (PDF) I am deeply honored to be invited to deliver the Leslie H. Arps Memorial Lecture. I never met Les Arps, but I understand we had a kinship of trial by fire. We both worked as young lawyers for the great, and not easily pleased, Henry Friendly.…
Read full article (PDF) Reviewed in this issue: Terrorism, Ticking Time-Bombs, and Torture. By Fritz Allhoff. Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. By Paul Schiff Berman. The New Continentalism: Energy and Twenty-First-Century Eurasian Geopolitics. By Kent E. Calder. Advancing the Rule of Law Abroad: Next Generation Reform.…