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Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George
Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George
Faculty Scholarship
Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and …
An Analysis Of Durrett And Its Impact On Real And Personal Property Foreclosures: Some Proposed Modifications, William H. Henning
An Analysis Of Durrett And Its Impact On Real And Personal Property Foreclosures: Some Proposed Modifications, William H. Henning
Faculty Scholarship
Section 548(a)(2) of the Bankruptcy Code empowers a bankruptcy trustee to avoid fraudulent transfers of the debtor's assets if the debtor was insolvent at the time of the transfer. Since 1980, a number of federal courts have allowed trustees in bankruptcy to avoid properly conducted foreclosure sales of a debtor's pledged collateral when the collateral was sold for less than seventy percent of its fair market value. These courts have based their decisions on the theory that the transfers involved in these sales are fraudulent conveyances. This theory has been the subject of vigorous opposition from mortgage holders and other …