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Articles 1 - 4 of 4
Full-Text Articles in Law
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
The Specter Of Civil Law Clawback Actions Haunting U.S. And Uk Charitable Giving, Aaron Schwabach
Faculty Scholarship
No abstract provided.
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Of Charities And Clawbacks: The European Union Proposal On Successions And Wills As A Threat To Charitable Giving, Aaron Schwabach
Faculty Scholarship
In the United Kingdom, and to a lesser extent the United States, an inter vivos gift, once given, cannot be reclaimed by the giver's heirs. In civil law countries the situation is quite different: Not only spouses, but issue and in some cases even ascendants, are entitled to a forced share of a decedent's estate--and these forced shares are assessed against a notional “estate” that includes the testator's inter vivos gifts. If the total of these forced shares exceeds the amount actually available in the decedent's estate at death, the recipients of the gifts, or their successors, may be forced …
From Schweizerhalle To Baia Mare: The Continuing Failure Of International Law To Protect Europe's Rivers, Aaron Schwabach
From Schweizerhalle To Baia Mare: The Continuing Failure Of International Law To Protect Europe's Rivers, Aaron Schwabach
Faculty Scholarship
Beginning on January 31, 2000, at least 100,000 cubic meters of highly polluted water escaped from a tailings dam at the Aurul gold mine in Baia Mare, Romania. The water flowed into the Somes, Tisza, and Danube Rivers, causing enormous environmental damage. Most of the damage occurred in Hungary, downstream from Baia Mare. Hungarian politicians called the spill “the first, most serious environment[al] catastrophe in the 21st century,” and “the worst ecological disaster in central Europe since Chernobyl in 1986.”
More striking than the resemblance to the Chernobyl disaster, though, was the resemblance to another 1986 environmental catastrophe: the Sandoz …
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Environmental Damage Resulting From The Nato Military Action Against Yugoslavia, Aaron Schwabach
Faculty Scholarship
During the 1999 war between NATO and the Federal Republic of Yugoslavia, NATO targeted and destroyed chemical plants and storage facilities at Pancevo, Kragujevac, and elsewhere. A United Nations inspection team found that the NATO attacks had caused measurable, but not catastrophic, environmental damage wityin the territory of Yugoslavia. This article explores the historical evolution and current status of the body of law regarding protection of the environment during wartime, as well as the legality of NATO's actions. It concludes that NATO probably did not violate international law as it currently stands. However, the postwar reactions of states, including the …