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The Case for Writing International Law into the U.S. Code

Coyle, John F., The Case for Writing International Law into the U.S. Code (September 19, 2014). Boston College Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2498681

In recent years, the U.S. judiciary has taken steps to limit the role played by international law in the U.S. legal system. This Article seeks to explain this retreat and to identify ways by which it may be reversed. It argues first that the present judicial retreat from international law is attributable to two causes — judicial attitudes and judicial inexperience. Many judges have expressed some degree of ambivalence — occasionally rising to the level of hostility — about relying upon international law to provide a rule of decision. At the same time, many judges are largely unfamiliar with an ever-expanding array of international legal sources and methods. The result of this combination of attitudes and inexperience, the Article contends, is a reluctance among U.S. judges to give effect to international law directly. To date, international legal scholars have generally responded to these developments by attempting to persuade the judiciary to rethink this retreat from international law. This Article argues that a more promising approach would be to seek to persuade Congress to enact domestic statutes that incorporate various international law rules. Such statutory enactments would, among other things, enable the courts to ignore many of the doctrinal impediments that currently make it difficult for individuals to rely directly on international law as a source of rights. They would have a positive impact on the attitudes of skeptical judges. And they would help to alleviate the problem of judicial inexperience. With these insights in mind, the Article looks to past legislative practice to develop a typology of statutes that incorporate international law in some way. It then draws upon this typology to offer a number of practical suggestions as to how to draft such statutes.”

Hedge Funds versus Mutual Funds (2): An Examination of Multialternative Mutual Funds

McCarthy, David, Hedge Funds versus Mutual Funds (2): An Examination of Multialternative Mutual Funds (September 19, 2014). Available at SSRN: http://ssrn.com/abstract=2498695 “This paper examines those mutual funds classified by Morningstar as “Alternative.” It follows an earlier paper, “Hedge Funds vs. Mutual Funds: An Examination of Equity Long/Short Funds,” which found that equity long/short mutual funds didContinue Reading

Global Carbon Budget

“Carbon dioxide (CO2) emissions from fossil fuel burning and cement production increased by 2.3% in 2013, with a total of 9.9±0.5 GtC (billion tonnes of carbon) (36 GtCO2) emitted to the atmosphere, 61% above 1990 emissions (the Kyoto Protocol reference year). Emissions are projected to increase by a further 2.5% in 2014. In 2013, theContinue Reading

New on LLRX – Cyclists, Motorists, and the Theory of Move Over Laws

New on LLRX.com – Cyclists, Motorists, and the Theory of Move Over Laws - Fay Wein is an avid bicycle-rider, content and communication specialist, and director of marketing at a New York firm. She examines the increasingly contentious arena in which cyclists and motorists are increasingly clashing, on city streets and rural roads, with dangerous consequences.

New on LLRX.com – How cell phone book clubs could help get young people reading and change their lives

Via LLRX.com – How cell phone book clubs could help get young people reading and change their lives – Journalist and SF/fantasy novelist Bertel King, Jr. talks about effective methods and programs to engage young people in the enjoyment and value of reading as soon and as often as possible. He discusses how removing as many roadblocksContinue Reading

New on LLRX – How to read e-books on a $20 cell phone: Tips for the cash-strapped and plain adventurous

Via LLRX.com - How to read e-books on a $20 cell phone: Tips for the cash-strapped and plain adventurous:  The LG Optimus Dynamic Android Phone, aka the LG 38c or the LGL38C, is a smartphone that David Rothman bought new on Amazon for $20, excluding shipping. Rothman calls out the importance of this device in relationship to itsContinue Reading

Mapping Digital Media: Global Findings

Open Society Foundations: “The Mapping Digital Media project examines the global opportunities and risks created by new and digital media. Covering 56 countries, the project assesses how these changes affect the core democratic service that any media system should provide—news about political, economic, and social affairs—and how they can help advance open society values. Is aContinue Reading

Interactive Map Shows Recent Evolution of State Policies Shaping Access to Abortion Coverage in Medicaid and Private Insuranc

“A new interactive map from the Kaiser Family Foundation provides a broad look at states’ laws shaping access to coverage for abortion in Medicaid and private insurance. The map includes the ability to view snapshots showing the extent of such limitations in states across the nation for the years 2000, 2010 and 2014. Taken together, the mapsContinue Reading

The Evolution of US Government Restrictions on Using and Exporting Encryption Technologies

CIA approved for release 9/12/2014 – redacted: The Evolution of US Government Restrictions on Using and Exporting Encryption Technologies, Michael Schwartzbeck. “In the last year, several academic, commercial, and free speech advocates have seriously jeopardized the US government’s legal right to control encryption.”

2014 Health and Voluntary Workplace Benefits Survey – EBRI

“Asked to rate the U.S. health care system, many workers describe it as poor (29 percent) or fair (32 percent). One-quarter consider it good, while only a small minority rate it as very good (10 percent) or excellent (1 per-cent). Dissatisfaction with the health care system appears to be focused primarily on cost. The 2013–2014Continue Reading

Americans’ Trust in Executive, Legislative Branches Down

Gallup: “Americans’ trust in each of the three branches of the federal government is at or near the lows in Gallup’s trends, dating back to the early 1970s. Americans’ trust in the legislative branch fell six percentage points this year to a new low of 28%. Trust in the executive branch dropped eight points, toContinue Reading

Liquidity Supply Across Multiple Trading Venues

Lescourret, Laurence and Moinas, Sophie, Liquidity Supply Across Multiple Trading Venues (September 15, 2014). Available for download at SSRN: http://ssrn.com/abstract=2498277 “Market fragmentation and technology have given rise to new trading strategies. One of them is to supply liquidity simultaneously across multiple trading venues, which requires multi-venue management of inventory risk. We build an inventory model inContinue Reading