Now showing items 1-5 of 5
Free Trade, Fair Trade, and Selective Enforcement
(Columbia Law Review, 2018)
The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should ...
Restoring Trade's Social Contract
(Michigan Law Review Online, 2018)
As we write, the United States, Canada, and Mexico are renegotiating the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. ...
(University of Pennsylvania Law Review, 2012)
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported ...
Saving the Political Consensus in Favor of Free Trade
(Vanderbilt Law Review, 2017)
2016 is the year that the political consensus in favor of liberalized international trade collapsed. Across the world, voters’ belief that international trade agreements lead to economic inequality threatens to derail ...
Soft Law as Delegation
(Fordham International Law Journal, 2009)
This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of ...