The George Washington International Law Review

The George Washington International Law Review is a magazine focusing on Law

Articles from Vol. 36, No. 3, 2004

Any Port in a Storm: The Safe Harbor, the Gramm-Leach-Bliley Act, and the Problem of Privacy in Financial Services
I. INTRODUCTIONThe European Union's Data Privacy Directive (Data Privacy Directive) went into effect in 1998.1 It provided that companies operating in the European Union, or dealing with the personal data of E.U. citizens, must comply with certain regulations...
Assessing the Recent Revisions to Model Rule 8.5: How Do the Changes Affect U.S. Attorneys Practicing Abroad, Specifically Those Practicing in Japan?
I. INTRODUCTIONThe legitimacy of the practice of law in the United States is based in large part on professional responsibility and ethics.1 This point is illustrated by a number of facts. An attorney's conduct is expected to adhere to a minimum set...
Constitutionalism and New Democracies
CONSTITUTIONALISM AND NEW DEMOCRACIES Judicial Review in New Democracies: Constitutional Courts in Asian Cases. Tom Ginsburg. Cambridge: Cambridge University Press, 2003. Pp. 436, $70.00 (hardcover) and $26.00 (softcover).In his seminal 1960 book on...
Icj Review of Security Council Decisions
The question of judicial review of the decisions of the major political organs of the United Nations (U.N.), and in particular, review of Security Council decisions by the International Court of Justice (ICJ), is well illustrated by the Lockerbie case1...
Judicial Review in Canadian Constitutional Law: A Brief Overview
Following preliminary comments about judicial review in Canada, this Article will describe Canada's most recent attempt to justify the legitimacy of judicial review through the dialogue approach. According to this approach, judicial review under the...
Judicial Review in the United States and in the Wto: Some Similarities and Differences
I. INTRODUCTIONAmong international organizations, the World Trade Organization (WTO) is widely credited with having the most effective dispute settlement system. Its highly developed dispute settlement system, which is one of the few in international...
MARBURY V. MADISON AND CANADIAN CONSTITUTIONALISM: RHETORIC AND PRACTICE
Marbury v. Madison1 established important constitutional principles that have legitimate claim to universality. Indeed, Chief Justice John Marshall's reasoning is partly responsible for the worldwide spread of judicial review.2 Since the entrenchment...
MARBURY V. MADISON AND EUROPEAN UNION "CONSTITUTIONAL" REVIEW
I. INTRODUCTIONThe U.S. Supreme Court's decision in Marbury v. Madison1 specifically raises the question of the legitimacy of a "horizontal" species of judicial review, that is, review by courts of the exercise of powers by the coordinate branches of...
MARBURY V. MADISON AT THE INTERNATIONAL LEVEL
Marbury v. Madison1 is a great symbol of constitutionalism. It has become emblematic, reaching far beyond the scope of what was actually discussed and decided by the Supreme Court. The principle of judicial review of the constitutionality of acts of...
SUPREMACY OF THE LAW AND JUDICIAL REVIEW IN THE EUROPEAN UNION: CELEBRATING MARBURY V. MADISON WITH COSTA V. ENEL
I. INTRODUCTIONThe text, spirit, myth, and legacy of Marbury v. Madison1 have been invoked to inspire, explain, praise, legitimize, and yes, criticize and deconstruct the concept and exercise of judicial review,2 not only in the United States,3 but also...