Arbitration With Government

Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective and approach. What is the significance of the transformation of arbitration from the regime of private law party choice, to law purposed to serve public policy? This article examines that question

Resolving Boundary Disputes in California: A Radical Reassessment in Light of Proposition 13

This Article examines the law of adverse possession as applied and proposes to end its irrational application. It is irrational because the most significant requirement for achieving adverse possession is no longer logically applied after the advent of Proposition 13

Improved Resolution Haplogroup G Phylogeny in the Y Chromosome, Revealed by a Set of Newly Characterized SNPs

Background: Y-SNP haplogroup G (hgG), defined by Y-SNP marker M201, is relatively uncommon in the United States general population, with only 8 additional sub-markers characterized. Many of the previously described eight sub-markers are either very rare (2–4%) or do not distinguish between major populations within this hg. In fact, prior to the current study, only 2 % of our reference Caucasian population belonged to hgG and all of these individuals were in sub-haplogroup G2a, defined by P15. Additional Y-SNPs are needed in order to differentiate between individuals within this haplogroup. Principal Findings: In this work we have investigated whether we could differentiate between a population of 63 hgG individuals using previously uncharacterized Y-SNPs. We have designed assays to test these individuals using all known hgG SNPs (n = 9) and an additional 16 unreported/undefined Y-SNPS. Using a combination of DNA sequence and genetic genealogy databases, we have uncovered a total of 15 new hgG SNPs that had been previously reported but not phylogenetically characterized. Ten of the new Y-SNPs are phylogenetically equivalent to M201, one is equivalent to P15 and, interestingly, four create new, separate haplogroups. Three of the latter are more common than many of the previously defined Y-SNPs. Y-STR data from these individuals show that DYS385*12 is present in (70%) of G2a3b1-U13 individuals while only 4 % of non-G2a3b1-U13 individuals posses the DYS385*12 allele. Conclusions: This study uncovered several previously undefined Y-SNPs by using data from several database sources. Th

Nuclear Containment for the Twenty-First Century; A Mandatory Nuclear Forensics Data Bank

This article is a response to the challenge of nuclear non-proliferation for the 21st century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an international nuclear forensics data bank, and the legal and institutional basis required. It explains the superiority of the proposed international data bank to alternative modalities of nuclear risk reduction such as the imposition of sanctions, revealing the guiding principles for effective nuclear containment in the twenty-first century

Targeted Sanctions: Resolving the International Due Process Dilemma

This article proposes a solution to the crisis of due process that has been generated by the UN Security Council targeting sanctions against listed individuals, commercial entities and other organizations. It addresses the strategic paradox that UN listing, ostensibly designed to enhance global security, is increasingly undermining the legitimacy and efficacy of targeted sanctions. The article proposes, for constructive resolution of the due process dilemma of UN listing, that the blacklisting mandated by sanctions resolutions of the United Nations Security Council be undertaken exclusively through the processes of national and regional law. The article explains how this can avoid the due process dilemma of UN listing, while significantly enhancing the targeting of sanctions as a principal tool for achieving peace and world order

The Future Legal Management of Mass Migration

This article seeks to provide a lens for management of mass migration consistent with established international refugee law, human rights law, humanitarian law, and national control of immigration. It argues that the key to successful management of mass migration, consistent with international legal principle, international normative objectives, and national immigration control, is a lens to achieve the best reconciliation of what migrants in fact do, and the divergent interests of sovereignty. The article applies that lens first to The European Refugee Crisis, and similarly to four major episodes of mass migration in recent history, to demonstrate its utility and power as an evaluative tool for future legal management of mass migration. Building on the insights of history, the article then applies this lens to address the various currently implemented and proposed strategies for international and national management of mass migration, to distinguish good and bad policy, and the best course for future international action

Arbitration Involving Governmental Entities

Though arbitral process is now broadly engaged by governments under national law, there is generally lacking examination of the special considerations for the government lawyer that are distinctive to the public policy interests of government. The following article provides analysis of the advantages and disadvantages of adopting arbitration as the dispute resolution process for government and governmental entities, in controversies involving private and commercial interests, as well as disputes between governments and governmental entities. The article focuses on the relatively recent but fulsome adoption of arbitration for the government of Brazil, as providing the most significant recent testing ground for governmental arbitration, while drawing on the historic experience of international arbitration and arbitration in the United States, for relevant instruction in guiding the future engagement of government in arbitration