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Full-Text Articles in Law

Journal Staff Oct 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati Oct 2010

Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati

Law and Contemporary Problems

This volume contains the research and recollections of more than a dozen


Essay: Restructuring Corporate Debt In The Context Of A Systemic Crisis, Sean Hagan Oct 2010

Essay: Restructuring Corporate Debt In The Context Of A Systemic Crisis, Sean Hagan

Law and Contemporary Problems

No abstract provided.


Lawsuits And Empire: On The Enforcement Of Sovereign Debt In Latin America, Faisal Z. Ahmed, Laura Alfaro, Noel Maurer Oct 2010

Lawsuits And Empire: On The Enforcement Of Sovereign Debt In Latin America, Faisal Z. Ahmed, Laura Alfaro, Noel Maurer

Law and Contemporary Problems

No abstract provided.


Herding Cats: Collective-Action Clauses In Sovereign Debt — The Genesis Of The Project To Change Market Practice In 2001 Through 2003, Randal Quarles Oct 2010

Herding Cats: Collective-Action Clauses In Sovereign Debt — The Genesis Of The Project To Change Market Practice In 2001 Through 2003, Randal Quarles

Law and Contemporary Problems

No abstract provided.


Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood Oct 2010

Essay: Sovereign Syndicated Bank Credits In The 1970s, Philip R. Wood

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.


Toward A Cosmopolitan Ethic In Debt Restructuring, Carmen Amalia Corrales Oct 2010

Toward A Cosmopolitan Ethic In Debt Restructuring, Carmen Amalia Corrales

Law and Contemporary Problems

Corrales discusses the sovereign debt restructuring process. Process -- or the series of actions, actors, and influences involved in a transaction -- is rarely examined in law. But the dynamics of process and the unspoken codes that affect it are, nonetheless, key to complex transactions and sovereign debt restructuring.


Constructing Restructuring: Legal Narrative, Language Ideology, And The Financial Rehabilitation Of Iraq, Hadi Nicholas Deeb Oct 2010

Constructing Restructuring: Legal Narrative, Language Ideology, And The Financial Rehabilitation Of Iraq, Hadi Nicholas Deeb

Law and Contemporary Problems

No abstract provided.


Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea Oct 2010

Donegal V. Zambia And The Persistent Debt Problems Of Low-Income Countries, Thomas Laryea

Law and Contemporary Problems

No abstract provided.


Competition In The Underwriting Markets Of Sovereign Debt: The Baring Crisis Revisited, Juan H. Flores Oct 2010

Competition In The Underwriting Markets Of Sovereign Debt: The Baring Crisis Revisited, Juan H. Flores

Law and Contemporary Problems

Flores discusses the bargaining power of Argentina's federal government relative to that of the underwriting banks. It examines how the financial intermediaries' gatekeeping function eroded when faced with increased competition. Under normal circumstances, underwriters should have impeded Argentinean access to capital markets or at least hardened the terms under which Argentina could borrow.


Addressing Collective-Action Problems In Securitized Credit, Nancy P. Jacklin Oct 2010

Addressing Collective-Action Problems In Securitized Credit, Nancy P. Jacklin

Law and Contemporary Problems

No abstract provided.


Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo Oct 2010

Peru’S Experience In Sovereign Debt Management And Litigation: Some Lessons For The Legal Approach To Sovereign Indebtedness, Manuel Monteagudo

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.


The Market For Odious Debt, Caroline M. Gentile Oct 2010

The Market For Odious Debt, Caroline M. Gentile

Law and Contemporary Problems

No abstract provided.


Sovereign Debt Renegotiation: Restructuring The Commercial Debt Of Hipc Debtor Countries, Mark A. Walker, Barthélemy Faye Oct 2010

Sovereign Debt Renegotiation: Restructuring The Commercial Debt Of Hipc Debtor Countries, Mark A. Walker, Barthélemy Faye

Law and Contemporary Problems

No abstract provided.


When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski Oct 2010

When Bad Things Happen To Good Sovereign Debt Contracts: The Case Of Ecuador, Arturo C. Porzecanski

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.


Sovereign Sukuk: Adaptation And Innovation, A. Roger Wedderburn-Day Oct 2010

Sovereign Sukuk: Adaptation And Innovation, A. Roger Wedderburn-Day

Law and Contemporary Problems

No abstract provided.


Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf Oct 2010

Reflections On The Bosnia Debt Restructuring, Mark H. Stumpf

Law and Contemporary Problems

No abstract provided.


The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera Oct 2010

The Return Of Capital Controls?, Andrew Yianni, Carlos De Vera

Law and Contemporary Problems

No abstract provided.


The Republic Of Congo’S Debt Restructuring: Are Sovereign Creditors Getting Their Voice Back?, Mark B. Richards Oct 2010

The Republic Of Congo’S Debt Restructuring: Are Sovereign Creditors Getting Their Voice Back?, Mark B. Richards

Law and Contemporary Problems

No abstract provided.


Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier Oct 2010

Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier

Law and Contemporary Problems

No abstract provided.


Complexities Of Addressing Interest Arrears In A Brady Transaction: The Case Of The Republic Of Argentina 1992 Financing Plan, Jeanne C. Olivier Oct 2010

Complexities Of Addressing Interest Arrears In A Brady Transaction: The Case Of The Republic Of Argentina 1992 Financing Plan, Jeanne C. Olivier

Law and Contemporary Problems

No abstract provided.


Journal Staff Jul 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Foreword, Andrew E. Taslitz Jul 2010

Foreword, Andrew E. Taslitz

Law and Contemporary Problems

No abstract provided.


Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley Jul 2010

Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley

Law and Contemporary Problems

Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.


Government Dragnets, Christopher Slobogin Jul 2010

Government Dragnets, Christopher Slobogin

Law and Contemporary Problems

Slobogin describes the nature and effects of dragnet actions. They do so primarily through the prism of Supreme Court and lower court cases, but these sections also look at law-enforcement efforts that have yet to lead to litigation and imagine future dragnet efforts as well, with a special emphasis on the role technology can play in motivating dragnets and carrying them out. He then summarizes the Supreme Court's approach to group searches and the most significant alternative proposals for dealing with them.


Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb Jul 2010

Probabilities In Probable Cause And Beyond: Statistical Versus Concrete Harms, Sherry F. Colb

Law and Contemporary Problems

Colb surfaces the "statistical versus concrete harms" disparity in judicial (and more broadly, human) reactions to probability-based behavior. In particular, it identifies the disparity in case law that either explicitly relies on the distinction as a normatively proper ground for legal decisions or that operates in a manner best explained by resort to this distinction. Though the paper is primarily descriptive, it suggests, tentatively, that lawmakers, judges, and juries should exercise greater care and deliberation in applying what may seem like a "natural" approach to distinguishing between permissible and impermissible harm. It is thus a plea for "conscious" consideration of ...


What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz Jul 2010

What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz

Law and Contemporary Problems

Taslitz defines probable cause as having four components: one quantitative, one qualitative, one temporal, and one moral. He focuses on the last of these components. "Individualized suspicion," the US Supreme Court has suggested, is perhaps the most important of the four components of probable cause. That is a position with which he heartily agree. The other three components each play only a supporting role. But individualized suspicion is the beating heart that gives probable cause its vitality.