Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- External debts (16)
- Employment discrimination (15)
- Economic aspects (14)
- External debt relief (14)
- Evaluation (12)
-
- International law (11)
- Sovereign debt (10)
- State succession (10)
- Women (10)
- Cruelty to animals (9)
- Patents & Technology (8)
- Sexual harassment (8)
- Behavior (7)
- Clothing and dress (7)
- Intellectual property (7)
- Law (7)
- Livestock industry (7)
- Sex discrimination (7)
- Sex discrimination against women (7)
- Stereotypes (7)
- Supreme Court decisions (7)
- Animal rights movement (6)
- Armed forces (6)
- Equality before the law (6)
- Extinguishment of debts (6)
- Judicial process (6)
- Litigation (6)
- Military personnel (6)
- Personal appearance (6)
- Public debts (6)
Articles 31 - 60 of 184
Full-Text Articles in Law
Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman
Speaking Of Inconvenient Truths—A History Of The Public Trust Doctrine, James L. Huffman
Duke Environmental Law & Policy Forum
No abstract provided.
Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright
Beyond The Sea And Spector: Reconciling Port And Flag State Control Over Cruise Ship Onboard Environ-Mental Procedures And Policies, Asia N. Wright
Duke Environmental Law & Policy Forum
No abstract provided.
Agency By Analogy: A Comment On Odious Debt, Deborah A. Demott
Agency By Analogy: A Comment On Odious Debt, Deborah A. Demott
Law and Contemporary Problems
DeMott focuses on how one might think about the phenomenon of odious debt from the standpoint of common-law agency. Though this analogy has its flaws, some useful insights can be gathered by examining the similarities and differences between the two doctrines, especially when contemplating the theory of liability in the sovereign context. To illustrate the complexity of comparing odious debt to agency law, she develops a series of comparisons between the consequences of borrowing by a sovereign and that by a private corporation afflicted with inept or corrupt management.
Odious Debt, Old And New: The Legal Intellectual History Of An Idea, James V. Feinerman
Odious Debt, Old And New: The Legal Intellectual History Of An Idea, James V. Feinerman
Law and Contemporary Problems
In a sense, all debts are odious; that is, to use dictionary definitions, "hateful; disgusting; offensive." Yet insofar as international economic law today is concerned, only a certain few debts can be considered "odious debts" in order to contest and perhaps eventually to repudiate them. Here, Feinerman examines the concepts of odious debt and related international legal phenomena, in both historical and contemporary context, with a view of determining the role that denomination of certain debts as odious may play in the overall process of sovereign debt rescheduling.
Sovereign Debt Restructuring, Odious Debt, And The Politics Of Debt Relief, Robert K. Rasmussen
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 …
Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse
Norton V. Suwa And The Unraveling Of Federal Public Land Planning, Michael C. Blumm, Sherry L. Bosse
Duke Environmental Law & Policy Forum
No abstract provided.
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Reining In The Minister Of Justice: Prosecutorial Oversight And The Superseder Power, Abby L. Dennis
Duke Law Journal
Virtually immune from judicial sanction, professional discipline, and civil liability, prosecutors enjoy limitless, unmonitored, and, for the most part, unreviewable power. This power and insulation from review invite abuse and public mistrust, shaking confidence in the criminal justice system. With the system in need of a means of curbing errant prosecutors and restoring public confidence, this Note explores a neglected mechanism of prosecutorial oversight-the superseder power-and argues for increased use of this oversight mechanism, coupled with explicit guidelines for its use and a public review process.
Black And White And Read All Over: Press Protection After Branzburg, Sean W. Kelly
Black And White And Read All Over: Press Protection After Branzburg, Sean W. Kelly
Duke Law Journal
In 1972, the Supreme Court handed the press an apparent resounding defeat in Branzburg v. Hayes, declaring that the Constitution provided reporters no privilege from testifying about their confidential sources. This Note uses previously unpublished materials from the Justices' personal files to illustrate the behind-the-scenes deliberations as the Court shifted in ideology from the propress posture established by Justice Hugo Black in the Pentagon Papers case to the anti-privilege position established by Justice Byron White one year later in Branzburg. It also examines the curious concurring opinion of Justice Lewis Powell in Branzburg and subsequent efforts to craft a qualified …
The World Trade Organization And Regional Trade Agreements: Bridging The Constitutional Credibility Gap, Youri Devuyst, Asja Serdarevic
The World Trade Organization And Regional Trade Agreements: Bridging The Constitutional Credibility Gap, Youri Devuyst, Asja Serdarevic
Duke Journal of Comparative & International Law
No abstract provided.
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
Duke Journal of Comparative & International Law
No abstract provided.
Exchange Consolidation And Models Of International Securities Regulation, Bo Harvey
Exchange Consolidation And Models Of International Securities Regulation, Bo Harvey
Duke Journal of Comparative & International Law
No abstract provided.
Private Versus Public Regulation: A Comparative Analysis Of British And American Takeover Controls, Brian E. Rosenzweig
Private Versus Public Regulation: A Comparative Analysis Of British And American Takeover Controls, Brian E. Rosenzweig
Duke Journal of Comparative & International Law
No abstract provided.
Financial Regulation In A Global Market Place: Report Of The Duke Global Capital Markets Roundtable, James D. Cox, Edward F. Greene
Financial Regulation In A Global Market Place: Report Of The Duke Global Capital Markets Roundtable, James D. Cox, Edward F. Greene
Duke Journal of Comparative & International Law
No abstract provided.
Odious Debt Wears Two Faces: Systemic Illegitimacy, Problems, And Opportunities In Traditional Odious Debt Conceptions In Globalized Economic Regimes, Larry Catá Backer
Odious Debt Wears Two Faces: Systemic Illegitimacy, Problems, And Opportunities In Traditional Odious Debt Conceptions In Globalized Economic Regimes, Larry Catá Backer
Law and Contemporary Problems
Backer examines how the traditional notion of odious debt as a method of repudiating sovereign debt may undergo a conceptual revolution as it changes focus from the illegitimacy of governments obtaining loans to the illegitimacy of the systems through which such loans are made and enforced generally. He focus his analysis on the conceptual framework Fidel Castro sought to introduce into the debate about the legitimacy of sovereign debt and the extent to which this reframing might influence international institutional approaches.
Odious, Illegitimate, Illegal, Or Legal Debts—What Difference Does It Make For International Chapter 9 Debt Arbitration?, Kunibert Raffer
Odious, Illegitimate, Illegal, Or Legal Debts—What Difference Does It Make For International Chapter 9 Debt Arbitration?, Kunibert Raffer
Law and Contemporary Problems
Once upon a time, sovereign debts were just that-debts or the entitlement to be repaid fully, including interest. During the 1970s it was thought unnecessary to make any distinctions between debts, based on the assumption that sovereigns might possibly become illiquid, but could never become insolvent. Commercial banks disregarded the most elementary rules of prudent banking, including their duty of due diligence as lenders, laboring on the assumption that whatever flowed into developing countries would eventually flow back with fees and interest. Here, Raffer discusses the international dchapter nine debt arbitration.
Law And Transnational Corruption: The Need For Lincoln’S Law Abroad?, Paul D. Carrington
Law And Transnational Corruption: The Need For Lincoln’S Law Abroad?, Paul D. Carrington
Law and Contemporary Problems
No abstract provided.
Odious Debts Or Odious Regimes, Patrick Bolton, David Skeel
Odious Debts Or Odious Regimes, Patrick Bolton, David Skeel
Law and Contemporary Problems
Odious regimes have always been there. That there is no silver-bullet solution that will prevent odious regimes from arising, or stymie them once they do, is evident from the plethora of responses employed by the international community once a regime's odiousness becomes clear. Current odious debt doctrine dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. The Sack definition contemplates a debt-by-debt approach to questionable borrowing. If a loan is used to benefit the population--to build a highway or water-treatment plant, for instance--the obligation would be fully enforceable, no matter how pernicious the borrower regime. …
Harmonization Without Consensus: Critical Reflections On Drafting A Substantive Patent Law Treaty, Jerome H. Reichman, Rochelle Cooper Dreyfuss
Harmonization Without Consensus: Critical Reflections On Drafting A Substantive Patent Law Treaty, Jerome H. Reichman, Rochelle Cooper Dreyfuss
Duke Law Journal
In this Article, we contend that the World Intellectual Property Organization's proposed Substantive Patent Law Treaty (SPLT) is premature. Developing countries are struggling to adjust to the heightened standards of intellectual property protection required by the TRIPS Agreement of 1994. With TRIPS, at least, these countries obtained side payments (in the form of trade concessions) to offset the rising costs of knowledge products. A free-standing instrument, such as the SPLT, would shrink the remaining flexibilities in the TRIPS Agreement with no side payments and no concessions to the catch-up strategies of developing countries at different stages of technological advancement. More …
Deciding Death, Corinna Barrett Lain
Deciding Death, Corinna Barrett Lain
Duke Law Journal
When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court's Eighth Amendment '' evolving standards of decency '' doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive the Court's decisions in this area; majoritarian forces elsewhere do. To make my point, I first examine three sets of '' evolving standards '' death penalty decisions in which the Court implicitly or explicitly reversed itself, attacking the legal justification for the Court's change of position and offering an extralegal explanation for why those cases came out the …
Protecting The Least Of These: A New Approach To Child Pornography Pandering Provisions, Stephen T. Fairchild
Protecting The Least Of These: A New Approach To Child Pornography Pandering Provisions, Stephen T. Fairchild
Duke Law Journal
The pandering of child pornography - selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution - facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about panderers' First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm - children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.
A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick
A Measure Of Harmony: The Orchestration Of Rule 32(H) With The “Discordant Symphony” Of Booker, Leeann Rosnick
Duke Law Journal
Sentencing in the post-Booker world presents a variety of challenges and uncertainties for the courts, Congress, and the general public. This Note examines one such challenge, considering the difficulties surrounding Federal Rule of Criminal Procedure 32(h) in light of Booker. The Note develops the history of both Rule 32(h) and the Booker decision, analyzes changes and suggested amendments to Rule 32(h), and concludes that the conflict between Rule 32(h) and Booker can be easily resolved with slight alterations to the language of Rule 32(h).
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Promoting And Establishing The Recovery Of Endangered Species On Private Lands: A Case Study Of The Gopher Tortoise, Blake Hudson
Duke Environmental Law & Policy Forum
No abstract provided.
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 …
Odious Debt, Odious Credit, Economic Development, And Democratization, Tom Ginsburg, Thomas S. Ulen
Odious Debt, Odious Credit, Economic Development, And Democratization, Tom Ginsburg, Thomas S. Ulen
Law and Contemporary Problems
When a country signs an international treaty, it is not the government but the state that is bound, and the obligation will stand until a subsequent government formally exits the treaty. Exit is presumed to be costly: a government that "repudiates" earlier treaty obligations will suffer reputational harm in its international relations. Moreover, this general background norm of international law applies as well to debt: a government can announce that it is renouncing debt, but it will suffer severe reputational harm in the debt marketplace, much as a government that repudiates public international law obligations suffers a reputational harm. Here, …
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
Law and Contemporary Problems
Several issues relating to odious debt and contemporary efforts to expand the odious debt doctrine to cover all debts of odious regimes are maddeningly complex, implicating difficult issues in areas ranging from the international law of state succession to the law of commercial paper--itself a source of biannual trauma for thousands of bar aspirants. However, the scope of the debate as it has been developed in the literature is too narrow and, therefore, the questions posed too simple. In particular, any analysis of odious debt must account for issues that inhere to transitions and transitional justice. Here, Gray make some …
The Institutionalist Implications Of An Odious Debt Doctrine, Paul B. Stephan
The Institutionalist Implications Of An Odious Debt Doctrine, Paul B. Stephan
Law and Contemporary Problems
Sovereigns incur debts, and creditors look to the law to hold sovereigns to their obligations. In legal terms, the question is whether to recognize and define an odious debt defense through a treaty or national legislative acts, on the one hand, or through the decisions of authoritative dispute-settlement bodies, whether international arbitral organs or domestic courts. Moreover, others may think that odious debt doctrine as a means can optimize the social welfare generated by sovereign-debt contracts. Here, Stephan examines the social welfare in the economic sense but attacks the problem from a different direction and concludes that no satisfactory mechanism …
Foreword, Anne Hazlett