Both the Third and Fourth Restatement of the Law, The Foreign Relations Law of the United States, were cited by the United States Court of Appeals, District of Columbia Circuit in Lusik Usoyan v. Republic of Turkey.
This Article focuses on the question of how the law should distinguish between the state’s exercise of its custodial powers for permissible grounds, such as to protect the child, and its exercise of custodial powers for impermissible grounds, such as to induce the parent to give up another right.
Arbitration has been criticized as displacing cases from the public courts and thereby reducing the production of court precedent. Moreover, while arbitral awards might substitute for court precedent, the standard view is that arbitrators have little incentive to issue awards that produce legal rules because such awards mostly benefit parties to future disputes. This Article critically examines both the hypotheses, filling in gaps in existing legal literature and also offering new theoretical and empirical insights for a comprehensive account of arbitration and rule production.
The fraught question of the rights and liabilities of “non-signatories” in arbitration continues to exercise courts and commentators. The Supreme Court, as part of its endless fascination with the arbitral process, recently made its own contribution in the Outokumpu case.
This article is the first to review comprehensively the constitutional issues arising from the new state laws on parentage by consent, including residency/hold out parentage; spousal parentage; de facto parentage; voluntary acknowledgment parentage; and assisted reproduction parentage.
In a recent NPR On Point podcast episode, David A. Logan discusses American libel law, his law review article cited in Gorsuch’s Berisha v. Lawson dissent, and the potential implications the dissent may have on future libel cases before the U.S. Supreme Court.