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Equitable Recoupment: Revisiting An Old And Inconsistent Remedy, Camilla E. Watson

Scholarly Works

This Article examines the development of recoupment by first comparing and contrasting other equitable remedies. Because discussions of related equitable remedies have filled tomes in themselves, this Article concentrates only on the more salient aspects of these remedies as they pertain to the development of recoupment in the federal tax context. Next, the established elements of recoupment will be discussed in depth, with particular emphasis on the views of Professor Andrews. The Article questions whether Professor Andrews's views represent the most effective analysis of the recoupment criteria in light of the judicial inconsistencies.

In discussing the ineffectiveness of recoupment as …

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf

Law and Contemporary Problems

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.

The Place Of Law In Addressing International Regime Conflict, Jennifer L. Balint

Law and Contemporary Problems

No abstract provided.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Law and Contemporary Problems

The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Law and Contemporary Problems

Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.

Go Fish: Evaluating The Restatement's Formulation Of The Law Of Publicity, Oliver R. Goodenough

South Carolina Law Review

No abstract provided.

A Landowner's Remedy Laid To Waste: State Preemption Of Private Nuisance Claims Against Regulated Pollution Sources, Kathleen Roth

William & Mary Environmental Law and Policy Review

No abstract provided.

Designing And Implementing An Expanded System For Civil Court Data Collection: A South Carolina Study, F. Patrick Hubbard

South Carolina Law Review

No abstract provided.

Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah

William & Mary Law Review

No abstract provided.

Turning From Tort To Administration, Richard A. Nagareda

Michigan Law Review

My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …

Hostile Environent Sexual Harassment Claims And The Unwelcome Influence Of Rape Law, Janine Benedet

Michigan Journal of Gender & Law

This article considers the unwelcomeness requirement of the plaintiff’s prima facie case. In particular, it examines the discussion of unwelcomeness found in the decision of the Supreme Court in Meritor Savings Bank v. Vinson, and the content given to this element by the subsequent decisions of lower courts. Such an inquiry reveals several parallels between the approach of courts to sexual harassment claims and their traditional treatment of the criminal offense of rape. The same biases and erroneous assumptions that have hampered an effective response to the physical violation of women have permeated the application of the purported remedy …

Defendant's Responsibility To Minimize Plaintiff's Loss: A Curious Exception To The Avoidable Consequences Doctrine, Michael Bruce Kelly

South Carolina Law Review

No abstract provided.

When Congress Just Says No: Deterrence Theory And The Inadequate Enforcement Of The Federal Election Campaign Act, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Obtaining Remedies For Ins Misconduct, Lee J. Teran

Faculty Articles

No abstract provided.