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Full-Text Articles in Law

Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow Jul 2011

Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow

Law and Contemporary Problems

No abstract provided.


The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi Oct 2010

The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi

Law and Contemporary Problems

No abstract provided.


Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati Oct 2010

Responsible Sovereign Lending And Borrowing, Lee C. Buchheit, G. Mitu Gulati

Law and Contemporary Problems

No abstract provided.


Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk Oct 2010

Exchange Stabilization Fund Loans To Sovereign Borrowers: 1982-2010, Russell Munk

Law and Contemporary Problems

No abstract provided.


How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies Jul 2010

How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies

Law and Contemporary Problems

Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.


Foreword, Lawrence A. Zelenak Jan 2010

Foreword, Lawrence A. Zelenak

Law and Contemporary Problems

No abstract provided.


The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike Jan 2010

The Fiscal Revolution And Taxation: The Rise Of Compensatory Taxation, 1929-1938, Joseph J. Thorndike

Law and Contemporary Problems

Thorndike explores the Keynesian conversion of Treasury Department tax-policy experts during the 1930s. At the beginning of the Great Depression, he narrates that there was no political interest in using tax cuts to promote economic recovery. In fact, in 1932 Congress responded to the economic emergency by enacting a tax increase in the name of fiscal responsibility. By 1937, however, Treasury experts had become persuaded of the merits of countercyclical taxation. Ironically, the first legislative experiment in Keynesian taxation took the form of a tax increase--the short-lived 1937 tax on undistributed corporate profits, intended to stimulate the economy by discouraging …


Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott Jan 2010

Why The Eitc Doesn’T Make Work Pay, Anne L. Alstott

Law and Contemporary Problems

Alstott offers an evaluation of the significance of the credit and, in a historical spirit, hark back to an earlier, critical perspective on the earned income tax credit (EITC)--a perspective rarely heard in recent years. She argues that these concerns remain apt, despite the expansion of the EITC and oft-repeated praise for its importance as an antipoverty program. Moreover, she highlights three features of U.S. law that constrain the effectiveness of the EITC in improving the wellbeing of low-income workers and their children: labor and employment laws that structure markets that produce low wages and harsh working conditions, laws that …


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James Oct 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia James

Law and Contemporary Problems

No abstract provided.


Surrogacy And The Politics Of Commodification, Elizabeth S. Scott Jul 2009

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Law and Contemporary Problems

Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.


Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke Apr 2009

Persistent Nonviolent Conflict With No Reconciliation: The Flemish And Walloons In Belgium, Robert Mnookin, Alain Verbeke

Law and Contemporary Problems

Mnookin and Verbeke describe the nonviolent but very serious conflict in Belgium between the Flemish (Dutch) of the North and the Walloons (French) of the South. The Flemish economy is more prosperous than the Walloon economy, and the Flemish constitute a majority of the Belgian population. Nevertheless, the Walloons enjoy a financial subsidy from the Flemish and share equally in the political power of the nation due to antimajoritarian restrictions built into the government structure. Even though significant and persistent, this conflict remains nonviolent due to several factors, including largely separate geography, language and social structure; a low-stakes conflict; relatively …


Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson Jul 2008

Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson

Law and Contemporary Problems

Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.


Delegation Success And Policy Failure: Collective Delegation And The Search For Iraqi Weapons Of Mass Destruction, Michael J. Tierney Jan 2008

Delegation Success And Policy Failure: Collective Delegation And The Search For Iraqi Weapons Of Mass Destruction, Michael J. Tierney

Law and Contemporary Problems

Tierney argues that international delegation can have important consequences, even for powerful states. In particular, he contends that the US delegation of inspection authority to United Nations weapons inspectors and to the International Atomic Energy Association after the Gulf War of 1990-91 entailed significant sovereignty costs by affecting the timing and costliness of the subsequent 2003 US invasion of Iraq. Among other things, he notes that the inspectors' independent behavior made it much more difficult for the US to assemble the type of multilateral coalition that would share the costs as it had in the earlier Gulf War. Tierney also …


Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg Jan 2008

Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg

Law and Contemporary Problems

Goldstein and Steinberg argue that the World Trade Organization Appellate Body has been able to use its authority to engage in judicial lawmaking to reduce trade barriers in ways that would not otherwise have been possible through negotiation. This lawmaking authority was not the result of a purposeful delegation; rather, it was an unintended byproduct of the creation of an underspecified set of rules and procedures. There is nevertheless a high rate of compliance with Appellate Body decisions because decentralized enforcement can induce domestic importers to lobby for trade liberalization. In the US, this judicial lawmaking may also allow the …


Sovereign Debt Restructuring, Odious Debt, And The Politics Of Debt Relief, Robert K. Rasmussen Oct 2007

Sovereign Debt Restructuring, Odious Debt, And The Politics Of Debt Relief, Robert K. Rasmussen

Law and Contemporary Problems

Odious debt is more of a literature than a doctrine. Going back to at least the 1920s, one can find arguments that countries should not have to pay back debts that are labeled "odious." The central intuition is that the citizens of a country should not have to pay for the debts incurred by a prior "odious" regime when those funds did not benefit these citizens. It is simply not right to ask people to pay for funds from which they did not benefit, especially when the lender knew of this fact when it made its loan. Here, Rasmussen comments …


Sovereigns, Trustees, Guardians: Private-Law Concepts And The Limits Of Legitimate State Power, Jedediah Purdy, Kimberly Fielding Jul 2007

Sovereigns, Trustees, Guardians: Private-Law Concepts And The Limits Of Legitimate State Power, Jedediah Purdy, Kimberly Fielding

Law and Contemporary Problems

One major tradition of understanding the powers and duties of sovereigns has particular relevance to arguments for revival and refurbishment of the odious debt doctrine. Here, Purdy and Fielding survey the critical role of private-law concepts in the development of this tradition. In this account, the state is a constructed and purposive legal actor, composed of a set of powers assigned by its subjects for the pursuit of certain human interests and bound by the obligation to secure and respect those interests. Moreover, they narrate that if there are inherent powers in a sovereign, they are only those that are …


Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman Oct 2006

Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman

Law and Contemporary Problems

Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.


The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander Oct 2006

The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander

Law and Contemporary Problems

Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.


Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe Oct 2005

Global Private Governance: Lessons From A National Model Of Setting Standards In Accounting, Walter Mattli, Tim Buthe

Law and Contemporary Problems

No abstract provided.


Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer Oct 2005

Transnational Mutual Recognition Regimes: Governance Without Global Government, Kalypso Nicolaidis, Gregory Shaffer

Law and Contemporary Problems

No abstract provided.


The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti Oct 2005

The Interplay Between Actors As A Determinant Of The Evolution Of Administrative Law In International Institutions, Eyal Benvenisti

Law and Contemporary Problems

No abstract provided.


Global Standards For National Administrative Procedure, Sabino Cassese Oct 2005

Global Standards For National Administrative Procedure, Sabino Cassese

Law and Contemporary Problems

No abstract provided.


“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro Oct 2005

“Deliberative,” “Independent” Technocracy V. Democratic Politics: Will The Globe Echo The E.U.?, Martin Shapiro

Law and Contemporary Problems

No abstract provided.


White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto Apr 2005

White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto

Law and Contemporary Problems

The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.


Disaggregating U.S. Interests In International Law, Peter J. Spiro Oct 2004

Disaggregating U.S. Interests In International Law, Peter J. Spiro

Law and Contemporary Problems

The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.


The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps Jul 2004

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

Law and Contemporary Problems

Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.


The Cycles Of Constitutional Theory, Barry Friedman Jul 2004

The Cycles Of Constitutional Theory, Barry Friedman

Law and Contemporary Problems

Friedman presents information on the cyclical nature of constitutional theory. Because constitutional theory is a reaction to the current developments of constitutional law, it is interesting to view constitutional issues through the framework of different historical circumstances.


Democracy And Dispute Resolution: The Problem Of Arbitration, Richard C. Reuben Apr 2004

Democracy And Dispute Resolution: The Problem Of Arbitration, Richard C. Reuben

Law and Contemporary Problems

This article seeks to bring the submerged issue of arbitration's relationship to democracy to the surface of the mandatory arbitration debate. Its goal is relatively modest: To recognize and articulate the relationship between democracy and arbitration as an issue worth considering, to analyze the democratic character of arbitration and to suggest some implications of this assessment.


The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall Oct 2002

The Theory And Practice Of Disclosing Hmo Physician Incentives, Mark A. Hall

Law and Contemporary Problems

Despite the widespread consensus that physician incentives under managed care should be disclosed, there is little agreement on the who, what, when, and how of disclosure, nor is there agreement on the primary purpose of disclosure. Three forms of market failure point to three distinct, but overlapping purposes of disclosure, each of which points toward different forms, sources and contents of disclosures.


The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton Jul 2002

The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton

Law and Contemporary Problems

A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.