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Articles 1 - 14 of 14

Full-Text Articles in Legal History

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr. Oct 2007

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.

Faculty Scholarship at Penn Law

Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable ...


Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla Sep 2007

Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva Jul 2007

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano


Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva May 2007

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis Mar 2007

Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis

University of Richmond Law Review

No abstract provided.


Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist Mar 2007

Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist

University of Richmond Law Review

No abstract provided.


Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora Feb 2007

Interrogation Of Detainees: Extending A Hand Or A Boot?, Amos N. Guiora

ExpressO

The so called “war on terror” provides the Bush administration with a unique opportunity to both establish clear guidelines for the interrogation of detainees and to make a forceful statement about American values. How the government chooses to act can promote either an ethical commitment to the norms of civil society, or an attitude analogous to Toby Keith’s “American Way,” where Keith sings that “you’ll be sorry that you messed with the USofA, ‘Cuz we’ll put a boot in your ass, It’s the American Way.”

No aspect of the “war on terrorism” more clearly addresses this ...


The American Tradition Of Racial Profiling, Jean Phan Feb 2007

The American Tradition Of Racial Profiling, Jean Phan

ExpressO

The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just ...


Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan Jan 2007

Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan

Felice J Batlan

When the World Trade Center Twin Towers fell in 2001, the United States entered a period of what seems like perpetual crisis-a country increasingly threatened from within and outside its borders. In the aftermath of 9/11, Arab Americans, as well as other foreign nationals, worried about their immigration status and the potential violence they might face and feared that they would be painted as enemies of the United States. In law enforcement initiatives following the attacks, Arab American men were jailed, often for significant periods of time, on charges that were at best specious. Likewise, enemy combatants in Guantinamo ...


Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore Jan 2007

Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore

The John Marshall Law Review

No abstract provided.


The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr. Jan 2007

The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.

The John Marshall Law Review

No abstract provided.


The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt Jan 2007

The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt

The John Marshall Law Review

No abstract provided.


The Class Action As Political Theory, Martin H. Redish, Clifford W. Berlow Jan 2007

The Class Action As Political Theory, Martin H. Redish, Clifford W. Berlow

Washington University Law Review

We have two goals in this Article. Initially, we seek to alter the nature of the class action debate, by expressly inserting the perspective of political theory. Recognizing how the modern class action is structured may have significant consequences for the foundations of normative political theory, we hope to remove the theoretical superficiality that has characterized much of the modern scholarly debate concerning class actions. While on occasion that debate has touched on questions of political theory, those references are generally superficial or misguided. At the very least, then, we hope to establish that acceptance of one or the other ...


Ireland 1880-2005: A Constitutional Perspective, Sir David Williams Jan 2007

Ireland 1880-2005: A Constitutional Perspective, Sir David Williams

University of Richmond Law Review

No abstract provided.