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.
Cornell Law Review Online Publishes Response and Reply to Luna and Fairfield article “Digital Innocence”
In September 2014 Washington and Lee law professors Erik Luna and Joshua Fairfield published an article entitled “Digital Innocence” in the Cornell Law Review, Vol. 99, Issue 5. Cornell Law Review Online has now published two responses to the article and a reply from Professors Luna and Fairfield.
Find the full text of the article, responses and reply below:
“Digital Innocence” by Erik Luna and Joshua Fairfield
“Big Data and Due Process”, a response by Brandon Garrett, University of Virginia School of Law
“Collection Anxiety”, a response by Jane Bambauer, University of Arizona College of Law
“The Open Society and Its Digital Enemies: A Reply to Professors Bambauer and Garrett“, a reply by Erik Luna and Joshua Fairfield
Washington and Lee law professor Erik Luna has published an article in the inaugural edition of the Stanford Journal of Criminal Law & Policy. The article is entitled “Prosecutor King.”
From the abstract:
Professor Luna examines prosecutorial discretion through the lens of the Republic, analogizing Plato’s model city to American criminal justice. Like the city’s ideal rulers, prosecutors reign supreme through their discretionary decisionmaking, which includes not only the power to enforce the law but also the effective authority to adjudicate cases and set the scope of criminal law. Comparative analysis reveals that American prosecutors are not platonic, however, and an anti-totalitarian critique of the Republic helps demonstrate the danger of unchecked prosecutorial power.
The full article is available here.
Washington and Lee law professor Christopher Seaman spoke at Brooklyn Law School on Thursday, October 23, 2014. Professor Seaman participated in a panel at the Trade Secret Institute Symposium, “Trade Secret Law at the Edge”. The panel, including Ted Schroeder, chief counsel to Sen. Chris Coons (D-DE) and Ira Levy of Goodwin Proctor LLP, discussed pending legislation to federalize trade secrets law.
The full program for the symposium may be found here.