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The Myth of 'Rebalancing' Retaliation in WTO Dispute Settlement Practice
(Oxford University Press, 2006)
It is generally assumed that trade retaliation under the WTO performs some kind of ‘rebalancing’ by allowing the injured Member to suspend ‘concessions and obligations’ vis-à-vis the violating Member of a level equivalent ...
The Availability Heuristic, Intuitive Cost-Benefit Analysis, and Climate Change
(Springer Verlag, 2006)
Because risks are on all sides of social situations, it is not possible to be “precautionary” in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. ...
The Place of Reliance in Fraud
(The University of Arizona, 2006)
To prevail on a claim of common law fraud, the plaintiff must prove reliance on the defendant's misrepresentation. This requirement is puzzling, given that, under many modern formulations of the tort, the plaintiff must ...
Sustaining Democracy
(Kettering Foundation, 2006)
The New International Law Scholarship
(published by students at the University of Georgia School of Law, 2006)
This essay replies to criticisms advanced at a conference on our book, The Limits of International Law. We engage the critics on several methodological issues, we attempt to correct misimpressions about some of our arguments, ...
Director Liability
(Delaware Law School of Widener College, 2006)
This article contains the edited transcript of a forum on personal liability of directors held at Harvard Law School in November 2005. Eleven panelists offer their diverse views and perspectives on this subject. The ...
Commons-Based Peer Production and Virtue
(Blackwell Publishers, 2006)
Moral Systems in the Regulation of Nonprofits: How Value Commitments Matter
(Hauser Center for Nonprofit Organizations, 2006)
Iraq: The Case for Losing
(Brooklyn Law School, 2006)
Concluding Remarks on Creditor Protection
(The Hague : T.M.C. Asser Press, 2006)
Summarizing the many thoughtful papers presented at this conference is a difficult task for an outside observer of European law reform. In lieu of bad comments on good papers, I offer instead my own observations on several ...