Faculty Scholarship

Wayne faculty members publish on a broad range of international issues. This page contains a selection of their most recent scholarship.

Ancient law

John A. Rothchild, "Book Review, The Cambridge Companion to Ancient Greek Law," edited by Michael Gagarin and David Cohen, Cambridge University Press (2005), 56 Am. J. Comp. L. 1095 (2008)

Citizenship and nationality law

Jonathan Weinberg, "The End of Citizenship?," 107 Mich. L. Rev. 931 (2009)

Comparative law

William Burnham, Law and Legal System of the Russian Federation, 4th ed. (Juris Publishing 2010) (with Peter B. Maggs and Gennady M. Danilenko) (cases and text on the Russian legal system)

William Burnham, "Russia’s Criminal Procedure Code Five Years Out, Review of Central and East European Law" (University of Leiden-University of Trento) 1-93 (2008) (with Jeffrey Kahn); published as a chapter in Comparative Study on Compulsory Measures in Criminal Procedure, translated into Mandarin Chinese and edited by Song Yinghui, Professor of Law and the Associate Dean of the School of Criminal Science & Law at Beijing Normal University (2008)

William Burnham, "Book Review of Feldbrugge & Sharlet, Public Policy and Law in Russia: In Search of a Unified Legal and Political Space," 54 American Journal of Comparative Law 679-687 (2007)

William Burnham, "Russia’s War Between the Courts: The Struggle Over the Jurisdictional Boundary Between the Constitutional Court and the Regular Courts," 55 American Journal of Comparative Law 381-452 (2007) (with Alexei Trochev)

William Burnham, Introduction to the Law and Legal System of the United States, 4th ed. (Thomson-West 2006) (716 pp.) (5th ed. forthcoming 2011); text on U.S. law for foreign lawyers and law students; published in Russian (2006), Chinese (2003), and Ukrainian (2000) (5th ed. forthcoming in 2011)

William Burnham, Law and Legal System of the Russian Federation, 3rd ed. (Juris Publishing 2004) (with Peter B. Maggs and Gennady M. Danilenko) (4th ed. forthcoming in 2010) (cases and text on the Russian legal system)

William Burnham, Russian Criminal Procedure Code of the Russian Federation, Statutes and Decisions of the USSR and Its Successor States (2004) (annotated English translation)

Jonathan Weinberg, "Broadcasting and the Administrative Process in Japan and the United States," 39 Buffalo L. Rev. 615 (1991).

Comparative corporate law

Erica Beecher-Monas, “Marrying Independence and Diversity: Just How Far Have You Come, Baby?,” 86 Ore. L. Rev. 373 (2008)

Comparative evidence law

Erica Beecher-Monas, Evaluating Scientific Evidence: An Interdisciplinary Framework for Intellectual Due Process (Cambridge University Press 2007)

Erica Beecher-Monas, “Paradoxical Validity Determinations: A Decade of Antithetical Admissibility Decisions,” 6 Int’l Commentary on Evidence (May 2009) (comparative focus on scientific evidence)

Erica Beecher-Monas, Book Review, DNA Evidence: The French Experience, International Commentary on Evidence (May 2008)

Democracy and international law

Gregory H. Fox, “An International Right to Democracy” in The Encyclopedia of Public International Law (Max Planck Institute 2008)

Gregory H. Fox, “The Human Rights of Anti-Democratic Actors,” 2 Annuaire International des Droits de l’Homme 365 (2007)

Gregory H. Fox, “Internationalizing National Politics: Lessons for International Organizations,” 13 Widener Law Review 265 (2007)

Human Rights

Paul Dubinsky, “Human Rights Law Meets Private Law Harmonization: The Coming Conflict,” 30 Yale Journal of International Law 212 (2005)

Paul Dubinsky, "Justice for the Collective: The Limits of the Human Rights Class Action," 102 Mich. L. rev. 1152 (2004)

Immigration and asylum law

Rachel D. Settlage, "Affirmatively Denied: The Detrimental Effects of a Reduced Grant Rate for Affirmative Asylum Seekers," 27 B.U. Int'l L. J. 61 (2009)

International administration of territory

Gregory H. Fox, Humanitarian Occupation (Cambridge University Press 2008)

International and comparative tax law

Linda M. Beale,"Tax Shelters and the Tax Minimization Norm: How Does the Patenting of Tax Advice Transform the (Global) Playing Field?," 9 J. Law & Soc’y 29 (2008)

Michael J. McIntyre, "Identifying the New International Standard for Effective Information Exchange" (Feb. 17, 2010 draft of upcoming book chapter), presented, in absentia, at tax conference, “Tax Treaties from a Legal and Economic Perspective“ which took place from March 18-20, 2010, at Vienna, Austria, under the auspices of the Institute for Austrian and International Tax Law, Vienna University of Economics and Business Administration. Available online at http://faculty.law.wayne.edu/McIntyre/research.html

Michael J. McIntyre, "How to End the Charade of Information Exchange," 56 Tax Notes Int'l 255-268 (October 26, 2009), reprinted in 125 Tax Notes 695-707 (2009). Available online at http://faculty.law.wayne.edu/McIntyre/research.html

Michael J. McIntyre, "Identifying tax losses entitled to full loss offsets in a business profits tax under the Domar-Musgrave risk model," 24 Australian Tax Forum 77-88 (2009).

Michael J. McIntyre, "The Deduction of Interest Payments in an Ideal Tax on Realized Business Profits," Chapter 11, pp. 385-406, in John G. Head and Richard Krever, Eds., Tax Reform in the 21st Century: A Volume in Memory of Richard Musgrave, Kluwer Law International (2009).

Michael J. McIntyre, "Testimony of Michael J. McIntyre and Robert S. McIntyre On Banking Secrecy Practices and Wealthy American Taxpayers Before the U.S. House Committee on Ways and Means Subcommittee on Select Revenue Measures," March 31, 2009.

Michael J. McIntyre, "A Program for International Tax Reform," 122 Tax Notes 1021 (Feb. 23, 2009).

Michael J. McIntyre, "A UN Code of Conduct on tax evasion?," 4/1 Tax Justice Focus (2008).

Michael J. McIntyre, "Comments on the OECD Proposal for Secret and Mandatory Arbitration of International Tax Disputes," 7 Florida Tax Review 622-647 (2006). (Note: published in 2007)

Michael J. McIntyre, "Point & Counterpoint: Tax-Free Overtime Pay, Creating Tax Unfairness," Vol. 27, Number 1 ABA Tax Section News Quarterly 10-12 (Fall 2007). (Note: Response to French proposal for tax preference for overtime pay.)

Alan Schenk, "Financial Services" and "Gambling and Lotteries," VAT in Africa, (R. Krever, ed., Pretoria University Law Press 2008)

Alan Schenk, & Oliver Oldman, Value Added Tax: A Comparative Approach, (Cambridge University Press 2007)

International commercial law

John F. Dolan, “Non-Novel Issues of Letter of Credit Law: An Essay,” 24 Banking & Fin. L. Rev. (Osgoode Hall) 551 (2009)

John F. Dolan, Users' Handbook for Documentary Credits Under UCP 600 (ICC Pub. No. 694) (2008)

John F. Dolan, The Law of Letters of Credit: Commercial and Standby Credits (A.S. Pratt & Sons 2007. 4th ed.)

John F. Dolan, “Negotiation Credits, Value, and Nominated Banks,” Insights into UCP 600, at 59 (ICC Pub. No. 682) (2008).

John F. Dolan, “Of Competing Claims to Excess Letter of Credit Proceeds,” 125 Banking L.J. 776 (2008)

John F. Dolan, “Tethering the Fraud Inquiry in Letter of Credit Law,” in Trade and Documents: Limits and Limitations (P. Prasad ed. 2008)

John F. Dolan, “Special Report: International Payments Systems,” (w/ Baker), DC Insight 21 (July-Sept. 2008)

John F. Dolan, “Identifying the Applicant,” DC Insight 21 (Apr.-June 2008)

John F. Dolan, “Negotiation Credits Under UCP 600,” Insights into UCP 600, at 213 (ICC Pub. No. 682) (2008)

John F. Dolan, “Discounting Deferred Payment Obligations,” Insights into UCP 600, at 107 (ICC Pub. No. 682) (2008)

John F. Dolan, “Another View of Notice “Without Delay”, Insights into UCP 600, at 75 (ICC Pub. No. 682) (2008)

International criminal law

Brad R. Roth, "Coming to Terms with Ruthlessness: Sovereign Equality, Global Pluralism, and the Limits of International Criminal Justice,” 8 Santa Clara Journal of International Law 231 (2010)

Brad R. Roth, "Just Short of Torture: Abusive Treatment and the Limits of International Criminal Justice,” 6 Journal of International Criminal Justice (Oxford University Press) 215-39 (2008)

International economic Law

Julia Qin, "Managing Conflicts Between WTO and RTA Rulings: Reflections on the Brazil-Tyres Case," in Pieter Bekker, Rudolf Dolzer & Michael Waibel (eds.), Making Transnational Law Work in the Global Economy: Essays in Honor of Detlev Vagts (Cambridge U. Press, 2010) (forthcoming)

Julia Qin, "The Challenge of Interpreting 'WTO-Plus”'Provisions," 44(1) J. World Trade (February 2010)

Julia Qin, "WTO Regulation of Subsidies to State-Owned Enterprises (SOEs): A Critical Appraisal of the China Accession Protocol," Chinese International Law Review (Chinese Academy of Social Sciences), Vol. 3 (2009) (in Chinese)

Julia Qin,"China, India, and the Law of World Trade Organization," 3 Asian J. Comparative Law 216 (April 2008); also as Wayne State University Law School Research Paper Series, No. 07-31

Julia Qin, "WTO Panel Decision in Brazil – Tyres Supports Safeguarding Environmental Values," ASIL Insights

Julia Qin,"The Mercosur Exemption Reversed – Conflict between WTO and Mercosur Rulings and Its Implications for Environmental Values, Update to WTO Panel Decision in Brazil – Tyres Supports Safeguarding Environmental Values," ASIL Insights (The American Society of International Law) (January 23, 2009)

Julia Qin, "The Impact of WTO Accession on China’s Legal System," Sungkyunkwan Journal of Science & Technology Law Review, Vol. 2, Issue 2 (Fall 2008); also as Wayne State University Law School Research Paper Series, No. 07-15

Julia Qin, "Trade, Investment and Beyond: The Impact of WTO Accession on the Chinese Legal System," 189 The China Quarterly (Special Issue, September 2007) (Cambridge U. Press)

Julia Qin, “'WTO-Plus' Obligations and Their Implications for the WTO Legal System: An Appraisal of the China Accession Protocol," Chinese International Law Review (Chinese Academy of Social Sciences), Vol. 1 (2006) (in Chinese)

Julia Qin, Defining Nondiscrimination under the Law of the World Trade Organization, 23(2) Boston U. Int’l Law J. 215 (Fall 2005).

International health law

Lance A. Gable, Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform (World Bank Group, 2007) (with Katharina Gamharter, Lawrence O. Gostin, James G. Hodge, Jr., and Rudolf Van Puymbroeck).

Lance A. Gable, “A Global Assessment of the Role of Law in the HIV/AIDS Pandemic,” 123(3) Public Health 260-264 (2009) (with Lawrence O. Gostin and James G. Hodge, Jr.).

Lance A. Gable, “HIV/AIDS, Sexual and Reproductive Health, and the Law,” 98(10) American Journal of Public Health 1779-1786 (2008) (with Lawrence O. Gostin and James G. Hodge, Jr.).

Lance A. Gable, “Global Mental Health: Changing Norms, Constant Rights,” 9 Geo. J. Int’l Aff. 83-92 (Winter/Spring 2008) (with Lawrence O. Gostin).

Lance A. Gable, “The Proliferation of Human Rights in Global Health Governance,” 35 J. L. Med.& Ethics 534 (Winter 2007).

Lance A. Gable, “Legislating and Litigating Health Care Rights Around the World,” 33 J.L. Med. & Ethics 636 (2005) (with Colleen M. Flood and Lawrence O. Gostin).

Lance A. Gable, “Mental Health and Due Process in the Americas: Protecting the Human Rights of Persons Involuntarily Admitted and Detained in Psychiatric Institutions,” 18 Pan Amer. J. of Pub. Health 366 (2005) (with Javier Vásquez, Lawrence O. Gostin, and Heidi V. Jiménez.

Lance A. Gable, “The Human Rights of Persons with Mental Disabilities: A Global Perspective on the Application of Human Rights Principles to Mental Health,” 63 Maryland L. Rev. 20 (2004) (with Lawrence O. Gostin).

Lance A. Gable, “When the Right to Health and the Right to Religion Conflict: A Human Rights Analysis,” 12 Mich. St. J. Int’l L. 247 (2004) (with Lesley Stone and Tara Gingerich).

Lance A. Gable, “Rights Based Approaches to Public Health Systems” in Rights Based Approaches to Public Health (Springer, forthcoming 2010) (with Benjamin Mason Meier, Jocelyn E. Getgen, and Leslie London).

Lance A. Gable, “Human Rights of Persons with Mental Disabilities” in The Principles of Mental Health Law and Policy (Oxford University Press, forthcoming 2009) (with Lawrence O. Gostin).

Lance A. Gable, “Mental Health as a Human Right” in Realizing The Right to Health: Swiss Human Rights Book Volume III, Andrew Clapham, Mary Robinson, Claire Mahon, and Scott Jerbi (eds.), (Rüffer & Rub, 2009) (with Lawrence O. Gostin).

Peter Hammer, International Law, Public Health and Addiction, in Principles of Addiction and the Law (Norman S. Miller, ed.) (American Psychiatric Association) (Elsevier) (forthcoming 2009)

Peter Hammer, International Law, Governance and Global Children’s Health, in Textbook of Pediatric Global Health (Deepak Kamat, ed.) (AmericanAcademy of Pediatrics) (forthcoming 2009)

Peter Hammer,"The Trials of Tenofovir: Mediating the Ethics of Third-World Research," 4 U. Santa Clara J. Int’L. (2006); 9 U. Tech. Sydney L. Rev. 184 (with Tammy Sue Lundstrom) (2005)

International Legal Theory

Brad R. Roth, 2008 republications of “Retrieving Marx for the Human Rights Project” 17 Leiden Journal of International Law (Cambridge University Press) 31-66 (2004).:– Revised version: “Marxian Insights on the Human Rights Project,” in Susan Marks, ed., International Law on the Left: Revisiting Marxist Legacies (Cambridge University Press, 2008), pp. 220-51.– Original version, in Susan Easton, ed., Marx and Law (Philosophers and Law Series), (London: Ashgate Pub. Ltd., 2008), pp. 265-302.

Brad R. Roth, “Coercion and the Quest for Substantive Freedom,” in Mary Garrett, Heidi Gottfried, & Sandra F. VanBurkleo, eds, Remapping the Humanities: Identity, Community, Memory, (Post)Modernity (Wayne State University Press, 2008), pp. 237-54.

Brad R. Roth, “State Sovereignty, International Legality, and Moral Disagreement,” in Tomer Broude & Yuval Shany, eds., The Shifting Allocation of Authority in International Law (Oxford: Hart Publishing Co., 2008), pp. 123-61.

International Territorial Administration

Gregory H. Fox, “A Return to Trusteeship? A Comment on International Territorial Administration,” in A Wiser Century? – Judicial Dispute Settlement, Disarmament and the Laws of War 100 Years after the Second Hague Peace Conference (Thomas Giegerich, ed.) (Duncker & Humblot 2009) 

Law and development

Peter Hammer, The Elusive Face of Cambodian Justice, in Awaiting Justice: Essays on Accountability in Cambodia (Beth Van Shaack, ed.) (Mellon Press) (2005)

Peter Hammer, "Introduction: Living on the Margins: Minorities and Borderlines in Cambodia and Southeast Asia" in Living on the Margins: Minorities and Borderlines in Cambodia and Southeast Asia (PeterJ. Hammer, ed.) (Center for Khmer Studies) (2009)

Peter Hammer,"Development as Tragedy: The Asian Development Bank and Indigenous Peoples in Cambodia," in Living on the Margins: Minorities and Borderlines in Cambodia and Southeast Asia (Peter J. Hammer, ed.) (Center for Khmer Studies) (2009).

Occupation law

Gregory H. Fox, “The Occupation of Iraq,” 36 Georgetown Journal of International Law 195 (2005)

Private International Law

Paul Dubinsky, “Comparative Federal Common Lawmaking: A Response to Lenaerts and Gutman,” 57 American Journal of Comparative Law (Forthcoming 2009).

Statehood in International Law

Brad R. Roth, “The Entity That Dare Not Speak Its Name: Unrecognized Taiwan as a Right-Bearer in the International Legal Order,” 4 East Asia Law Review (University of Pennsylvania Law School) 91-124 (2009). (Also published in Chinese translation, 2008.7 Taiwan Law Review (Taipei: Angle Publishing), (No. 158) 84-103 (2008).

Brad R. Roth, “Taiwan’s Nation-Building and Beijing’s Anti-Secession Law: An International Law Perspective,” in Chen Chi-sen et al., ed., Sovereignty, Constitution, and the Future of Taiwan (Taiwan Law Society, 2006), pp. 1-59.

Transboundary environmental law

Noah Hall, “The North American Great Lakes” in The Evolution of the Law and Politics of Water, Joseph W. Dellapenna & Joyeeta Gupta Eds. (2009)

Noah Hall, "Protecting Freshwater Resources in the Era of Global Water Markets: Lessons Learned from Bottled Water," 13 U. Denv. Water Law Review 1 (2009)

Noah Hall,"Interstate Environmental Impact Assessment," 39 Environmental Law Reporter 10667 (2009)

Noah Hall, "The Centennial of the Boundary Waters Treaty: A Century of United States–Canadian Transboundary Water Management," 54 Wayne Law Review 1417 (2008) (symposium article)

Noah Hall, "Climate Change and Great Lakes Waters Resources: Avoiding Future Conflicts with Conservation" (with Bret B. Stuntz), 31 Hamline Law Review 641 (2008) (symposium article)

Noah Hall, "Climate Change and Freshwater Resources" (with Bret B. Stuntz and Robert H. Abrams), 22 Natural Resources & Environment 30 (Winter 2008)

Noah Hall,"Political Externalities, Federalism, and a Proposal for an Interstate Environmental Impact Assessment Policy," 32 Harvard Environmental Law Review 49 (2008)

Noah Hall,"Transboundary Pollution: Harmonizing International and Domestic Law," 40 University of Michigan Journal of Law Reform 681 (2007)

Noah Hall,"The Evolving Role of Citizens in United States-Canadian International Environmental Law Compliance," 24 Pace Environmental Law Review 131 (2007)

Noah Hall, "Toward A New Horizontal Federalism: Interstate Water Management in the Great Lakes Region," 77 Colorado Law Review 405 (2006)

Noah Hall,"Bilateral Breakdown: U.S.-Canada Pollution Disputes," 21 Natural Resources & Environment 18 (Summer 2006)

Transnational litigation

Paul Dubinsky, “Mass Claims and Domestic Court Procedures,” Amsterdam Center for International Law (2009)

Paul Dubinsky, “Is Transnational Litigation a Distinct Field? The Persistence of American Exceptionalism in Procedural Law,” 44 Stanford Journal of International Law 301 (2008)

Paul Dubinsky, “Challenging the Assumption of Equality: The Due Process Rights of Foreign Litigants in U.S. Courts,” 5 Santa Clara Journal of International Law 410 (2007)

Paul Dubinsky, “The Future of Transnational Litigation in U.S. Courts: Distinct Field or Footnote?” Proceedings, 101st Annual Meeting of the American Society of International Law (2007)

Treaty law

Gregory H. Fox, “Constitutional Violations and the Validity of Treaties”

Paul Dubinsky, “Adventures in Treaty Interpretation,” 57 American Journal of Comparative Law 745 (2009).