Faculty Scholarship Copyright (c) 2013 Washington & Lee University School of Law All rights reserved. http://scholarlycommons.law.wlu.edu/wlufac Recent documents in Faculty Scholarship en-us Sat, 27 Apr 2013 01:40:45 PDT 3600 More on Void Orders http://scholarlycommons.law.wlu.edu/wlufac/209 http://scholarlycommons.law.wlu.edu/wlufac/209 Thu, 25 Apr 2013 09:32:44 PDT None available.

]]> Doug Rendleman Corporate Law Professors as Gatekeepers http://scholarlycommons.law.wlu.edu/wlufac/208 http://scholarlycommons.law.wlu.edu/wlufac/208 Thu, 25 Apr 2013 09:19:36 PDT None available.

]]> Lyman P. Q. Johnson Punitive Damages - Something for Everyone? http://scholarlycommons.law.wlu.edu/wlufac/207 http://scholarlycommons.law.wlu.edu/wlufac/207 Thu, 25 Apr 2013 09:19:35 PDT None available.

]]> Doug Rendleman Beyond the Inevitable and Inadequate Regulation of Bankers http://scholarlycommons.law.wlu.edu/wlufac/206 http://scholarlycommons.law.wlu.edu/wlufac/206 Thu, 25 Apr 2013 09:19:34 PDT None available.

]]> Lyman P. Q. Johnson The Crossroads of Investment Arbitration http://scholarlycommons.law.wlu.edu/wlufac/205 http://scholarlycommons.law.wlu.edu/wlufac/205 Wed, 24 Apr 2013 11:32:30 PDT None available.

]]> Susan D. Franck Empirical Modalities: Lessons for the Future of International Investment http://scholarlycommons.law.wlu.edu/wlufac/204 http://scholarlycommons.law.wlu.edu/wlufac/204 Wed, 24 Apr 2013 11:32:29 PDT None available.

]]> Susan D. Franck The Iraqi High Tribunal and Rule of Law: Challenges http://scholarlycommons.law.wlu.edu/wlufac/203 http://scholarlycommons.law.wlu.edu/wlufac/203 Thu, 11 Apr 2013 09:12:25 PDT None available.

]]> Mark A. Drumbl The Alien Tort Claims Act Under Attack: Introductory Remarks http://scholarlycommons.law.wlu.edu/wlufac/202 http://scholarlycommons.law.wlu.edu/wlufac/202 Thu, 11 Apr 2013 09:12:23 PDT None available.

]]> Mark A. Drumbl (reviewing Charif M. Bassiouni, Introduction to International Criminal Law (2003)) http://scholarlycommons.law.wlu.edu/wlufac/201 http://scholarlycommons.law.wlu.edu/wlufac/201 Thu, 11 Apr 2013 09:12:21 PDT None available.

]]> Mark A. Drumbl Self-Defence in an Age of Terrorism: Introductory Remarks http://scholarlycommons.law.wlu.edu/wlufac/200 http://scholarlycommons.law.wlu.edu/wlufac/200 Thu, 11 Apr 2013 09:12:20 PDT None available.

]]> Mark A. Drumbl Accountability for Property Crimes and Environmental War Crimes: Prosecution, Litigation, and Development http://scholarlycommons.law.wlu.edu/wlufac/199 http://scholarlycommons.law.wlu.edu/wlufac/199 Thu, 11 Apr 2013 09:12:19 PDT None available.

]]> Mark A. Drumbl Policing Diversity: Lessons from Lambeth http://scholarlycommons.law.wlu.edu/wlufac/198 http://scholarlycommons.law.wlu.edu/wlufac/198 Wed, 16 Jan 2013 09:20:30 PST None available.

]]> A. Benjamin Spencer Rationalizing Cost Awards in Investment Treaty Arbitration http://scholarlycommons.law.wlu.edu/wlufac/197 http://scholarlycommons.law.wlu.edu/wlufac/197 Tue, 15 Jan 2013 13:07:28 PST International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors a right to seek redress and arbitrate directly with states. The costs of these investment treaty arbitrations - including the costs of lawyers for both sides, as well as administrative and tribunal expenses - are arguably substantial. This Article offers empirical research indicating that even partial costs could represent more than 10% of an average award. The data suggested a lack of certainty about total costs, which parties had ultimate liability for costs, and the justification for those cost decisions. Although there were signs of balance and a preference for parties to be responsible for their own costs, there was neither a universal approach to cost allocation nor a reliable relationship between cost shifts and losing. Awards typically lacked citation to legal authority and provided minimal rationale, and the justifications for cost decisions exhibited broad variation. Small pockets of coherence existed. Tribunals typically decided costs only in the final award; and as the amount investors claimed increased, tribunal costs also increased. Such a combination of variability and convergence can disrupt the value of arbitration for investors and states. In light of the data, but recognizing the need for additional research to replicate and expand upon the initial findings, this Article recommends states consider implementing measures that encourage arbitrators to consider specific factors when making cost decisions, obligate investors to particularize their claimed damages at an early stage, and facilitate the use of other Alternative Dispute Resolution (ADR) strategies. Establishing such procedural safeguards can aid the legitimacy of a dispute resolution mechanism with critical implications for the international political economy.

]]> Susan D. Franck The Future of Law and Development: Investment Treaty Abritration and Law & Development http://scholarlycommons.law.wlu.edu/wlufac/196 http://scholarlycommons.law.wlu.edu/wlufac/196 Tue, 15 Jan 2013 13:07:27 PST None available.

]]> Susan D. Franck Remedies - The Law School Course http://scholarlycommons.law.wlu.edu/wlufac/195 http://scholarlycommons.law.wlu.edu/wlufac/195 Tue, 15 Jan 2013 13:07:26 PST None available.

]]> Doug Rendleman International Investment Arbitration: Winning Losing and Why http://scholarlycommons.law.wlu.edu/wlufac/194 http://scholarlycommons.law.wlu.edu/wlufac/194 Tue, 15 Jan 2013 13:07:25 PST None available.

]]> Susan D. Franck Juries, Judges and Democracy, (reviewing Shannon C. Stimson, The American Revolution in the Law: Anglo-American Jurisprudence Before John Marshall (1990)) http://scholarlycommons.law.wlu.edu/wlufac/193 http://scholarlycommons.law.wlu.edu/wlufac/193 Wed, 09 Jan 2013 10:51:57 PST None available.

]]> David K. Millon Why Is Corporate Management Obsessed With Quarterly Earnings and What Should be Done About It? http://scholarlycommons.law.wlu.edu/wlufac/192 http://scholarlycommons.law.wlu.edu/wlufac/192 Wed, 09 Jan 2013 09:03:36 PST None available.

]]> David K. Millon International Trade: FTC Service of Subpoena Abroad http://scholarlycommons.law.wlu.edu/wlufac/191 http://scholarlycommons.law.wlu.edu/wlufac/191 Wed, 09 Jan 2013 09:03:34 PST None available.

]]> David K. Millon Worker Ownership Through 401(k) Retirement Plans: Enron's Cautionary Tale http://scholarlycommons.law.wlu.edu/wlufac/190 http://scholarlycommons.law.wlu.edu/wlufac/190 Wed, 09 Jan 2013 09:03:33 PST None available.

]]> David K. Millon