By: Elizabeth M. Myers Today, many military bases have become financial burdens on the federal government, as the military’s needs and systems have changed drastically since the end of the Cold War.1 The federal government has discovered it can save a significant amount of money by shutting down unnecessary installations and shifting the work … [Read more…]
By: Kristen A. Knapp Enforcing discovery against companies located in foreign nations is not a new phenomenon. The U.S. Supreme Court took up the conflict between U.S. discovery rules and foreign non-disclosure law in a 1958 case.2 Despite more than fifty years to reach a settled jurisprudence regarding how to enforce U.S. law against … [Read more…]
By: Nadia E. Nedzel “Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, … [Read more…]
By: Patrick J. Glen Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .”1 Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former … [Read more…]
By: Deborah Azar Justiciability doctrines in the foreign affairs arena have been described as involving large elements of prophecy. First, this article will examine the justifications and application of the political question doctrine in cases involving foreign affairs. Second, this article will discuss the jus- tifications and application of the act of state and … [Read more…]