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Insolvency Principles And The Odious Debt Doctrine: The Missing Link In The Debate, A. Mechele Dickerson
Insolvency Principles And The Odious Debt Doctrine: The Missing Link In The Debate, A. Mechele Dickerson
Law and Contemporary Problems
Politicians as well as many members of the international human-rights community, view the odious debt doctrine as fundamentally unfair that the Iraqi people may be saddled with the debts Saddam Hussein's brutal regime incurred. Furthermore, some in the human-rights community generally argue that rich (creditor) countries have a moral duty or obligation to protect citizens of poor (debtor) countries and that richer nations should forgive the debts of poorer nations to help reduce existing inequalities between developed and developing countries. Here, Dickerson evaluates the doctrine of odious debts using the insolvency framework found in the United States Bankruptcy Code.
A Critique Of The Odious Debt Doctrine, Albert H. Choi, Eric A. Posner
A Critique Of The Odious Debt Doctrine, Albert H. Choi, Eric A. Posner
Law and Contemporary Problems
Choi and Posner indicate that it is unclear whether the doctrine will improve the welfare of the population that might be subject to a dictatorship in terms of the odious debt doctrine. The traditional backward-looking defense of the odious debt doctrine, which suggests that the doctrine is costless because it releases a suffering population from an unjust debt, is seriously incomplete. Although in specific cases the benefits of loan sanctions may exceed the costs, the defenders of the doctrine have not made the empirical case that the net benefits are sufficiently high in the aggregate as to warrant routine application …
Medical Malpractice Overseas: The Legal Uncertainty Surrounding Medical Tourism, Philip Mirrer-Singer
Medical Malpractice Overseas: The Legal Uncertainty Surrounding Medical Tourism, Philip Mirrer-Singer
Law and Contemporary Problems
Mirrer-Singer explores some of the legal uncertainty surrounding medical tourism specifically in ways medical tourists can seek relief in US courts for malpractice committed abroad and explains why courts probably lack jurisdiction over foreign physicians who have allegedly committed malpractice. Among other things, he discusses theories under which US firms in the medical-tourism business could be held liable for the foreign provider's negligence.
Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione
Reflections On Animals, Property, And The Law And Rain Without Thunder, Gary L. Francione
Law and Contemporary Problems
Animal interests will almost always be regarded as less important than human interests, even when the human interest at stake is relatively trivial and the animal interest at stake is significant. The result of any supposed balancing of human and nonhuman interests required by animal-welfare laws is predetermined from the outset by the property status of the nonhuman as a "food animal," "experimental animal," "game animal," et cetera.