October 2005 Vol. 104 No. 1 THE REVIEW
ARTICLES

The Transformation of World Trade

Joost Pauwelyn

Conventional wisdom holds that the world trade system evolved from a power-based to a rules-based regime. “To a large degree,” one of the pioneers of the academic study of international trade notes, “the history of civilization may be described as a gradual evolution from a power oriented approach, in the state of nature, towards a rule oriented approach.” In a steady, unidirectional process of legalization, the argument goes, trade law has gradually replaced trade politics. In particular, the creation ten years ago of the World Trade Organization (“WTO”) is commonly portrayed as a constitutional moment when the stability of the rule of law finally eclipsed the caprices of politics and diplomacy.

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Signatures of Ideology: The Case of the Supreme Court's Criminal Docket

Ward Farnsworth
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The Changing Meaning of Patent Claim Terms

Mark A. Lemley
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Correspondence: Testing Minimalism: A Reply

Cass R. Sunstein
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NOTES

A Prudential Exercise: Abstention and the Probate Exception to Federal Diversity Jurisdiction

Christian J. Grostic

Ann-Marie Brege’s parents established an irrevocable trust in 1985, with Ann-Marie as sole beneficiary. When Merrill Lynch Trust Co. took over as trustee years later, however, the trust’s principal dropped sharply, losing over half its value in just a few years. Ann-Marie sued in Michigan probate court, alleging that Merrill Lynch had violated its legal duties in administering the trust. Since Ann-Marie was from New York and Merrill Lynch had its head-quarters in New Jersey, Merrill Lynch had an apparently easy argument for diversity jurisdiction. In an unremarkable turn of events, Merrill Lynch filed a notice of removal to federal district court.

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"Electronic Fingerprints": Doing Away with the Conception of Computer-Generated Records as Hearsay

Adam Wolfson
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& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
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