Paul B Stephan
Biographic Data
| ID | 1066922 |
|---|---|
| NAME | Paul B Stephan |
| GIVEN NAMES | Paul B |
| FAMILY NAME | Stephan |
| SIGNATURE | STEPHAN P B |
| AFFILIATIONS | University of Virginia |
| ORCID | 0000-0003-4378-7264 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
The crisis in international law and the path forward for international humanitarian law
This article offers a brief review of the forces that have contributed to the contemporary impasse in the formation of new international law and institutions. It identifies areas where development of the law of armed conflict would provide great benefits, yet where current international conditions render formal legal agreements highly unlikely. It then considers how to advance desirable projects nonetheless. In the absence of effective formal int…
The Restatement (Fourth): An Interview with One of the Two Co-ordinating Reporters
Paul, an icebreaker, and tongue in cheek: Why ‘Restatement Fourth’ rather than ‘Fourth Restatement’? Is this book so special that it can override ordinarily applicable grammatical rules? This is the custom of the American Law Institute (ALI), which we honour. One might note that on this particular point, our 2020 book reflecting on the Restatement does follow ordinary usage rather than ALI practice.1 To observers from outside US law circles, the …
The US Context of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States
This article describes the creation and development of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States from the perspective of its coordinating reporter. The article first describes how the American Law Institute goes about creating restatements of the law, emphasizing aspects of the process that a European audience might find unfamiliar. It looks at aspects of the US legal system, especially the significant ro…
What Should We Ask Reputation to Do
Kristina Daugirdas's important new article prompts two kinds of responses. By providing a sophisticated analysis of the role of reputation in influencing the behavior of international actors, it invites further thoughts about what we might think reputation is and does. By taking a moral position—the UN should do more to reduce sexual abuse by UN-sponsored peacekeepers in conflict zones—she provokes us to consider how to optimize institutional des…
Comparative International Law
By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and other times adopt different, interpretations of the same international norms and standards. International legal rules are not a monolithic …
Private Litigation as a Foreign Relations Problem
In RJR Nabisco v. European Community, the Court added an exclamation point to a long term trend in its jurisprudence. It believes, this trend indicates, that private civil suits pose specific foreign relations issues, at least when the targets are foreign transactions and actors, to which the Court will respond by erecting barriers. To this general point the case adds an unsurprising, but still important codicil: These problems don't go away when…
Standards, Networks, and the Political Economy of International Lawmaking: A Response to Stavros Gadinis
Three Pathways to Global Standards broadens our understanding of structures that undergird international cooperation. Stavros Gadinis argues that different kinds of lawmaking networks propagate differently. Private networks depend on market success, in the sense that the demand for their products rests on competition in the private sector. Regulators succeed when they cooperate with true peers. States use power to work their will. I have some sec…
Comparative International Law: Framing the Field
At first blush, “comparative international law” might sound like an oxymoron. In principle, international law—at least when it arises from multilateral treaties or general custom—applies equally to all parties or states. As a result, international lawyers often resist emphasizing local, national, or regional approaches due to the field’s aspirations to universality and uniformity. Comparativists, meanwhile, frequently overlook the potential to ap…
The Political Economy of Extraterritoriality
Near the end of the 2009 Term the Supreme Court decided Morrison v. Australia National Bank, Ltd., the strongest anti-extraterritoriality opinion it has produced in modern times. Not only is Congress presumed generally to prefer only territorial regulation, but lower courts that had carved out exceptions from this principle over a long period of time must now revisit their positions. Again this year in Kiobel v. Royal Dutch Shell Co. the Court re…
Courts and Transition in Russia: The Challenge of Judicial Reform
Journal Article Courts and Transition in Russia: The Challenge of Judicial Reform Get access Courts and Transition in Russia: The Challenge of Judicial Reform by Peter H. Solomon and Todd S. Fogelsong. Boulder, CO, Westview Press, 2000. 222 pp. $25.00. Paul B. Stephan Paul B. Stephan University of Virginia School of Law Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 117, Issue 1, Sprin…
Constitutional Limitations on Privatization
Clayton P. Gillette, Paul B. Stephan, III; Constitutional Limitations on Privatization, The American Journal of Comparative Law, Volume 46, Issue suppl_1
Modern Techniques for Financial Transactions and Their Effects on Currency
Journal Article Modern Techniques for Financial Transactions and Their Effects on Currency Get access Paul B. Stephan III Paul B. Stephan III 1Paul B. Stephan III is Percy Brown, Jr. Professor of Law and Hunton & Williams Research Professor, University of Virginia. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 42, Issue suppl_1, 1 December 1994, Pages 203–219, https://doi.…
Comrade Lawyer-Inside Soviet Justice in an Era of Reform
The trial law practice the Moscow bar and the legal consultation bureau Borzov's pretrial consultation the trial continues perestroika and the Moscow Bar the trial ends lawyers, crime, and punishment in Gorbachev's USSR appeal, retrial and resolution of the Borzov case
Perestroyka and Property: The Law of Ownership in the Post-Socialist Soviet Union
Selected Writings on Soviet Law and Marxism
Glasnost and The Soviet System of Justice
The Soviet Law of Property
Journal Article The Soviet Law of Property Get access The Soviet Law of Property. By Armstrong George M.Jr.The Hague: Martinus Nijhoff Publishers, 1983. Pp. vii, 167. Paul B. Stephan, III Paul B. Stephan, III * Professor of Law, University of Virginia Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 34, Issue 4, Autumn 1986, Pages 813–818, https://doi.org/10.2307/840337 Publi…
Comparative International Law: Framing the Field
At first blush, “comparative international law” might sound like an oxymoron. In principle, international law—at least when it arises from multilateral treaties or general custom—applies equally to all parties or states. As a result, international lawyers often resist emphasizing local, national, or regional approaches due to the field’s aspirations to universality and uniformity. Comparativists, meanwhile, frequently overlook the potential to ap…
Comrade Lawyer-Inside Soviet Justice in an Era of Reform
The trial law practice the Moscow bar and the legal consultation bureau Borzov's pretrial consultation the trial continues perestroika and the Moscow Bar the trial ends lawyers, crime, and punishment in Gorbachev's USSR appeal, retrial and resolution of the Borzov case
The crisis in international law and the path forward for international humanitarian law
This article offers a brief review of the forces that have contributed to the contemporary impasse in the formation of new international law and institutions. It identifies areas where development of the law of armed conflict would provide great benefits, yet where current international conditions render formal legal agreements highly unlikely. It then considers how to advance desirable projects nonetheless. In the absence of effective formal int…
Private Litigation as a Foreign Relations Problem
In RJR Nabisco v. European Community, the Court added an exclamation point to a long term trend in its jurisprudence. It believes, this trend indicates, that private civil suits pose specific foreign relations issues, at least when the targets are foreign transactions and actors, to which the Court will respond by erecting barriers. To this general point the case adds an unsurprising, but still important codicil: These problems don't go away when…
The Soviet Law of Property
Journal Article The Soviet Law of Property Get access The Soviet Law of Property. By Armstrong George M.Jr.The Hague: Martinus Nijhoff Publishers, 1983. Pp. vii, 167. Paul B. Stephan, III Paul B. Stephan, III * Professor of Law, University of Virginia Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 34, Issue 4, Autumn 1986, Pages 813–818, https://doi.org/10.2307/840337 Publi…
The Soviet Law of Property
Journal Article The Soviet Law of Property Get access The Soviet Law of Property. By Armstrong George M.Jr.The Hague: Martinus Nijhoff Publishers, 1983. Pp. vii, 167. Paul B. Stephan, III Paul B. Stephan, III * Professor of Law, University of Virginia Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 34, Issue 4, Autumn 1986, Pages 813–818, https://doi.org/10.2307/840337 Publi…
Glasnost and The Soviet System of Justice
Selected Writings on Soviet Law and Marxism
Perestroyka and Property: The Law of Ownership in the Post-Socialist Soviet Union
Comrade Lawyer-Inside Soviet Justice in an Era of Reform
The trial law practice the Moscow bar and the legal consultation bureau Borzov's pretrial consultation the trial continues perestroika and the Moscow Bar the trial ends lawyers, crime, and punishment in Gorbachev's USSR appeal, retrial and resolution of the Borzov case
Modern Techniques for Financial Transactions and Their Effects on Currency
Journal Article Modern Techniques for Financial Transactions and Their Effects on Currency Get access Paul B. Stephan III Paul B. Stephan III 1Paul B. Stephan III is Percy Brown, Jr. Professor of Law and Hunton & Williams Research Professor, University of Virginia. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 42, Issue suppl_1, 1 December 1994, Pages 203–219, https://doi.…
Constitutional Limitations on Privatization
Clayton P. Gillette, Paul B. Stephan, III; Constitutional Limitations on Privatization, The American Journal of Comparative Law, Volume 46, Issue suppl_1
Courts and Transition in Russia: The Challenge of Judicial Reform
Journal Article Courts and Transition in Russia: The Challenge of Judicial Reform Get access Courts and Transition in Russia: The Challenge of Judicial Reform by Peter H. Solomon and Todd S. Fogelsong. Boulder, CO, Westview Press, 2000. 222 pp. $25.00. Paul B. Stephan Paul B. Stephan University of Virginia School of Law Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 117, Issue 1, Sprin…
The Political Economy of Extraterritoriality
Near the end of the 2009 Term the Supreme Court decided Morrison v. Australia National Bank, Ltd., the strongest anti-extraterritoriality opinion it has produced in modern times. Not only is Congress presumed generally to prefer only territorial regulation, but lower courts that had carved out exceptions from this principle over a long period of time must now revisit their positions. Again this year in Kiobel v. Royal Dutch Shell Co. the Court re…
Standards, Networks, and the Political Economy of International Lawmaking: A Response to Stavros Gadinis
Three Pathways to Global Standards broadens our understanding of structures that undergird international cooperation. Stavros Gadinis argues that different kinds of lawmaking networks propagate differently. Private networks depend on market success, in the sense that the demand for their products rests on competition in the private sector. Regulators succeed when they cooperate with true peers. States use power to work their will. I have some sec…
Comparative International Law: Framing the Field
At first blush, “comparative international law” might sound like an oxymoron. In principle, international law—at least when it arises from multilateral treaties or general custom—applies equally to all parties or states. As a result, international lawyers often resist emphasizing local, national, or regional approaches due to the field’s aspirations to universality and uniformity. Comparativists, meanwhile, frequently overlook the potential to ap…
Private Litigation as a Foreign Relations Problem
In RJR Nabisco v. European Community, the Court added an exclamation point to a long term trend in its jurisprudence. It believes, this trend indicates, that private civil suits pose specific foreign relations issues, at least when the targets are foreign transactions and actors, to which the Court will respond by erecting barriers. To this general point the case adds an unsurprising, but still important codicil: These problems don't go away when…
Comparative International Law
By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and other times adopt different, interpretations of the same international norms and standards. International legal rules are not a monolithic …
What Should We Ask Reputation to Do
Kristina Daugirdas's important new article prompts two kinds of responses. By providing a sophisticated analysis of the role of reputation in influencing the behavior of international actors, it invites further thoughts about what we might think reputation is and does. By taking a moral position—the UN should do more to reduce sexual abuse by UN-sponsored peacekeepers in conflict zones—she provokes us to consider how to optimize institutional des…
The Restatement (Fourth): An Interview with One of the Two Co-ordinating Reporters
Paul, an icebreaker, and tongue in cheek: Why ‘Restatement Fourth’ rather than ‘Fourth Restatement’? Is this book so special that it can override ordinarily applicable grammatical rules? This is the custom of the American Law Institute (ALI), which we honour. One might note that on this particular point, our 2020 book reflecting on the Restatement does follow ordinary usage rather than ALI practice.1 To observers from outside US law circles, the …
The US Context of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States
This article describes the creation and development of the Restatement of the Law (Fourth): The Foreign Relations Law of the United States from the perspective of its coordinating reporter. The article first describes how the American Law Institute goes about creating restatements of the law, emphasizing aspects of the process that a European audience might find unfamiliar. It looks at aspects of the US legal system, especially the significant ro…
The crisis in international law and the path forward for international humanitarian law
This article offers a brief review of the forces that have contributed to the contemporary impasse in the formation of new international law and institutions. It identifies areas where development of the law of armed conflict would provide great benefits, yet where current international conditions render formal legal agreements highly unlikely. It then considers how to advance desirable projects nonetheless. In the absence of effective formal int…
Political science (15 works) · Law (13 works) · Law (9 works) · Law and economics (7 works) · Sociology (7 works) · Conflict of Laws and Jurisdiction (5 works) · Economics (5 works) · European and International Contract Law (4 works) · Philosophy (4 works) · Politics (4 works)