Washington and Lee law professor Mark Drumbl recently presented at a conference in Leiden, The Netherlands, to commemorate the 25th Anniversary of the adoption of the United Nations Convention on the Rights of the Child. The event drew over three hundred participants: academics, UN officials, practitioners, and activists.
Professor Todd Peppers’s work, “Random Chance or Loaded Dice: The Politics of Judicial Designation” (with K. Vigilante and C. Zorn) was quoted this week in the New York Times. Appearing on Monday, November 10, 2014, the the article “Coalition Challenges Selection of Judges in Same-Sex Marriage Case” by Adam Liptak discusses a recent court filing alleging panel rigging in the 9th circuit on same sex marriage cases.
Professor Peppers’s article was cited for its findings of “clear and consistent evidence that chief judges, in making designation decisions, tend to choose individuals with similar ideologies.”
Washington and Lee law professors Susan Franck and Kish Parella will present this week at the American Society of International Law 2014 Biennial Research Conference. The conference will be held Thursday, November 13, 2014 through Saturday, November 15, 2014. It is sponsored by the American Society of International Law’s International Economic Law Interest Group in partnership with the University of Denver Sturm College of Law. The theme is “Reassessing International Economic Law and Development: New Challenges for Law and Policy.”
Professor Franck will moderate a panel discussion on investment with panelists Thomas Innes (Stepoe & Johnson LLP), Amokura Kawharu (U. Auckland), Jarrod Wong (U. Pacific) and Gabriele Gagliani (U. Palermo). Professor Franck will also participate as a panelist in a session, “Empirical & Social Scientific Approaches to IEL” with Jason Yackee (U. Wisconsin) and Jide Nzelibe (Northwestern U.). Her talk is entitled “Conflating Politics & Development? Examining Investment Treaty Arbitration Outcomes”
Professor Parella will present her work in progress, Transcommercial Institutional Legitimacy, as part of a panel on voluntary standards and regulating business for development with Sarah Dadush (Rutgers U.), Andrew Woods (U. Kentucky) and Ofer Eldar (Yale U.). Her presentation focuses on the legitimacy of private governance of international production. She examines dispute resolution between different actors in global value chains and suggests ways to improve stakeholder engagement regarding the design of these dispute resolution mechanisms. This research is part of her broader examination of global governance performed by the transnational business sector.
On Friday November 8, 2014 Washington and Lee law professor Susan Franck, presented at the American Society of International Law’s Midyear Meeting and Research Forum. Professor Franck presented her work in a session titled International Economic Law-Private International Law: Dynamics of Investment Law. Her paper is “Unveiling the ‘Invisible College’ of International Arbitration.”
“Unveiling the ‘Invisible College’ of International Arbitration is forthcoming in the Columbia Journal of Transnational Law in 2015.
From the abstract:
Speculation about the members of the “invisible college” of international arbitration abounds, as there is a lack of accurate, complete, and publicly available data about the community of international arbitrators and practitioners. Using data from a survey of attendees at the prestigious biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the membership of the international arbitration community. Although defining the international arbitration community is challenging, rather than leave the “invisible college” unexamined, this Article offers a systematic glimpse into the global elites of international arbitration using data from 413 subjects who served as counsel and 262 who acted as arbitrators (including 67 investment treaty arbitrators).
Washington and Lee law professor Susan Franck delivered a keynote address at the Center for Strategic and International Studies on Friday, October 31, 2014. The event was entitled “Investor-State Dispute Settlement: Reality Check”.
Professor Franck’s keynote address was delivered to a live audience of 12o participants, including over forty representatives from foreign embassies, as well as an internet audience as the event was streamed live from the CSIS website.
The event addresses the current state of investor-state dispute settlement, bilateral investment treaties and agreements, topics much debated in the media in recent weeks and months. Professor Franck’s keynote address presented her acclaimed empirical research on the subject.
From the abstract of Professor Franck’s forthcoming work in the Virginia Journal of International Law:
International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Transpacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal state politics, this Article offers the first analysis of ITA outcomes, focusing on respondent states’ development status while simultaneously controlling for states’ democracy levels. Using a dataset of 159 final ITA awards from prior to January 2012, the Article conducts quantitative analyses of outcomes as a function of raw wins and losses, amounts awarded, and relative investor success. After controlling for the effect of a state’s internal democracy levels, twelve analyses were unable to identify a reliable link with ITA outcomes and development status irrespective of how development status was defined. While the Article cannot conclusively exclude the possibility of systemic bias in ITA against the developing world, it provides additional evidence suggesting the potential absence of such bias.
Audio and video of Professor Franck’s keynote is available here.
On November 8, Professor Kish Parella will present her work in progress, Transcommercial Institutional Legitimacy, to a group of international law scholars at the annual Research Forum of the American Society of International Law. This paper was recently awarded the Lewis Prize for Excellence in Legal Scholarship by the Francis Lewis Center at Washington and Lee School of Law.
Parella’s research focuses on the legitimacy of private governance of international production. She examines dispute resolution between different actors in global value chains and suggests ways to improve stakeholder engagement regarding the design of these dispute resolution mechanisms. This research is part of her broader examination of global governance performed by the transnational business sector.
Parella will present her research as part of a panel on regulation of international economic activity. Her co-panelists are Professors Stavros Gadinis (Berkeley Law) and Odette Lienau (Cornell Law). Professor Jose Alvarez from New York University School of Law will serve as discussant for the panel. More information on the ASIL Research Forum is available here: http://www.asil.org/midyearmeeting.
The Washington and Lee Law Review Online published a new article by Professor Lyman Johnson and Rob Ricca entitled “The Still-Dwindled Revlon”. The article is a reply to Nearing 30, Is Revlon Showing Its Age? by Mohsen Manesh of the University of Oregon School of Law.
The full text of the exchange is below:
“The Dwindling of Revlon“ by Lyman Johnson and Robert Ricca
“Nearing 30, Is Revlon Showing Its Age?”, a response by Mohsen Manesh
“The Still-Dwindled Revlon”, a reply by Lyman Johnson and Robert Ricca.