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Articles 1 - 30 of 67
Full-Text Articles in Law
Odious Debt In Retrospect, Daniel K. Tarullo
Odious Debt In Retrospect, Daniel K. Tarullo
Law and Contemporary Problems
In the eighty years since Alexander Sack coined the phrase "odious debt," academics and activists have periodically rediscovered Sack's idea, often arguing for its application or extension-to this point, in vain. Here, Tarullo reveals the degree to which current interest in the problem of odious debt is intertwined with other problems that strike more critically at the well-being of developing-and emerging-market countries. He reasons that the necessarily complex effort needed to institutionalize a doctrine of odious debt is a potentially effective organizing principle for generating the political will to address these other persistent, debilitating problems.
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Partially Odious Debts?, Omri Ben-Shahar, Mitu Gulati
Law and Contemporary Problems
Ben-Shahar borrows from a rich private-law tradition to explore the treatment of odious debt as a problem analogous to allocation of liability in private law. Drawing on the economic analysis of private law, it develops insights as to the structure of an optimal liability scheme. Under this approach, liability is imposed not on the basis of some intrinsic judgment as to the parties' relative blameworthiness, but rather in a forward-looking fashion, on parties who are best suited to take actions to prevent the loss. In addition, liability is imposed on a magnitude tailored to induce an optimal level of precautionary …
Law And Feminism: Foreword, Mary Jane Mossman
Law And Feminism: Foreword, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute
Lawyering In The 21st Century: A Capstone Course On The Law And Ethics Of Lawyering, Judith L. Maute
Saint Louis University Law Journal
No abstract provided.
Oil. The Geopolitics Of Oil And Iraq, Issam Al-Chalabi
Oil. The Geopolitics Of Oil And Iraq, Issam Al-Chalabi
New England Journal of Public Policy
The author deals only with the recent developments that will shape the destiny of Iraq and determine whether it will remain a unified country or disintegrate. He is not optimistic.
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Consensual Sex Crimes In The Armed Forces: A Primer For The Uninformed, Walter T. Cox Iii
Duke Journal of Gender Law & Policy
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, . . . shall be punished at the discretion of that court.5 To implement this congressionally-enacted prohibition, the President, as Commander-in-Chief of the Armed Forces, has deemed by executive order that a number of acts are punishable under this Article.
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Legal Impediments To Service: Women In The Military And The Rule Of Law, Linda Strite Murnane
Duke Journal of Gender Law & Policy
Some of those who served did so by disguising themselves as men.6 A number of women had served as spies, as was the case of Rose O'Neal Greenhow, who was arrested and imprisoned for supplying the Confederate Army with information, and Pauline Cushman, who was sentenced to be executed as a Union spy during the War Between the States.7 The first woman to receive the Congressional Medal of Honor, Dr. Mary Walker, provided her services as a doctor free of charge to Union forces in Virginia and Tennessee.8 She had asked the Union Army to hire her as a doctor, …
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
A.R.Buck, The Making Ofaustralian Property Law, Margaret Mccallum
Dalhousie Law Journal
Students in first year law in English-speaking common law schools in Canada follow a fairly standard curficulum, heavily weighted in favour of private law subjects such as torts, contracts and property, with criminal law, constitutional law, and perhaps a methods, theories or skills course rounding out their required courses. Most students find the content to be as they expected in courses in torts, contracts, criminal and constitutional law. These areas of law, after all, provide the law-related stories that are an increasing part ofnational and even international news. But many students find first year property a puzzle. They expect the …
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
ILSA Journal of International & Comparative Law
International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman
Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman
Journal of Health Care Law and Policy
No abstract provided.
The Law And Economics Of Identity, Rafael Gely
The Law And Economics Of Identity, Rafael Gely
Duke Journal of Gender Law & Policy
"24 Social norms, for example, have long had an important impact on gender roles in employment specifically with respect to work/family concerns.25 Moreover, one of the central conclusions of the famous Hawthorne experiments of the 1930s26 was that employee work effort is significantly influenced by the norms of the employee's workgroup with respect to what constitutes an appropriate work level or output.27 Applying this analysis, employees are deemed not "irrational" when they don't increase output in response to increased employer incentive pay; they are simply responding to workplace social norms-i.e., they don't want to be ostracized by fellow employees as …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William R. Corbett
Duke Journal of Gender Law & Policy
The keynote speaker for the conference begins by reminding the audience that a mere quarter of a century earlier there was no federal law that expressly prohibited discrimination in employment based on physical appearance. Considering the difficulty of crafting and enacting an appearance-based employment discrimination law should lead to a fuller appreciation of not only our employment discrimination laws generally, but also the Americans with Disabilities Act specifically.
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Preservationism, Or The Elephant In The Room: How Opponents Of Same-Sex Marriage Deceive Us Into Establishing Religion, Justin T. Wilson
Duke Journal of Gender Law & Policy
The overwhelming majority of support for bans on same-sex civil marriage has come from religious believers, and the so-called "secular justifications" for these bans are mere pretexts for religious beliefs that homosexuality, homosexuals, and same-sex couples are evil or sinful. Courts should take a hard look at the substantive justifications offered in support of same-sex marriage bans, bearing in mind that (1) these justifications are universally offered by religious believers but are infrequently offered by credentialed Secularists, and (2) they are the result of a studied use of pretextual, secular-sounding language to cloak a religiously-motivated bias against homosexuals and same-sex …
Front Matter
Intercultural Human Rights Law Review
Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 2 (2007).
Standing With Dignity: Protecting Indigenous Rights And Traditional Ways In The United States, Carrie Dann
Standing With Dignity: Protecting Indigenous Rights And Traditional Ways In The United States, Carrie Dann
Intercultural Human Rights Law Review
Remarks by Carrie Dann, Western Shoshone activist, entitled "Standing with Dignity: Protecting Indigenous Rights and Traditional Ways in the United States".
The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher
The Supreme Court's Legal Culture War Against Tribal Law, Matthew L.M. Fletcher
Intercultural Human Rights Law Review
Indian tribes have long governed themselves in a manner that developed far different than the Anglo-American legal system. Many indigenous cultures relied upon an oral tradition, inextricably intertwined with their languages, to make the ways of their people known. In these cultures, social mores tied to the geographies of traditional territories developed to ensure a form of law and order, and social control existed sufficient to maintain the societies. Many indigenous cultures had written laws as well. These rules survived after contact with the European nations and survive today in modified form. As indigenous societies reacted, changed, and sometimes all …
Economic Development: A Real-Life Assessment, Keller George
Economic Development: A Real-Life Assessment, Keller George
Intercultural Human Rights Law Review
Remarks by The Honorable Keller George, President of the United South & Eastern Tribes and Chairman of the Oneida Nation Gaming Commission, entitled "Economic Development: A Real-Life Assessment".
Eliminating Conflicting Interpretations Of The European Convention On Human Rights By The European Court Of Justice And The European Court Of Human Rights: The Pdiq System As A Preventative Solution, Adam D.J. Balfour
Intercultural Human Rights Law Review
This article is divided into two parts. The discussion in part one focuses on the current application of the Convention by the ECJ, including the Convention's legal status in the EU legal order when it is applied by the ECJ. Following this, the discussion turns to address the problems associated with the current informal relationship of the two Courts and the current application of the ECHR by the ECJ; namely diverging interpretations of the Convention. In building upon the first part of this paper, the second section provides a critical analysis of the potential solutions to addressing the inadequate protection …
The Western Shoshone Struggle: Opening Doors For Indigenous Rights, Julie Ann Fishel
The Western Shoshone Struggle: Opening Doors For Indigenous Rights, Julie Ann Fishel
Intercultural Human Rights Law Review
By a review of the recent Western Shoshone success at the United Nations, this paper focuses on the present-day circumstances of the Western Shoshone and the ongoing impairment of Indigenous rights caused by U.S. laws and policies. This article will walk the reader through the international process used by the Western Shoshone petitioners and provide thoughts on how to build on that success and move towards full recognition, respect for and implementation of Indigenous Peoples' human rights.
The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees: Evolution And Relevance For Today, Pierre-Michel Fontaine
The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees: Evolution And Relevance For Today, Pierre-Michel Fontaine
Intercultural Human Rights Law Review
One may justifiably wonder why the relevance of the 1951 Convention relating to the Status of Refugees, ("Convention"), which has been called alternatively a "Bill of Rights for Refugees" and a "Magna Carta for Refugees," would be made an issue in a discussion on refugee law. The fact is that it became quite fashionable in some circles within the refugee advocacy community in the late 1980's and early 1990's to boldly claim that the 1951 Convention (its Protocol was rarely mentioned in this context) was no longer relevant to most refugee situations. Such a claim continues to be made today, …
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Northwestern Journal of Technology and Intellectual Property
Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Northwestern Journal of Technology and Intellectual Property
No abstract provided.