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Full-Text Articles in Law
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Shall Weigh Your God And You: Assessing The Imperialistic Implications Of The International Religious Freedom Act In Muslim Countries, Matthew L. Fore
Duke Law Journal
No abstract provided.
Global Decentralization And The Subnational Debt Problem, Steven L. Schwarcz
Global Decentralization And The Subnational Debt Problem, Steven L. Schwarcz
Duke Law Journal
According to the World Bank, decentralization of government is a pivotal force that will shape global development policy in the twenty-first century. Subnational debt restructuring has emerged as one of decentralization's most difficult problems. Financially troubled municipalities face many of the same concerns, for example, as financially troubled nations: holdout creditors can stymie collective attempts at debt restructuring, and reliance on politically motivated lenders of last resort (the International Monetary Fund in the case of troubled nations, the central government in the case of troubled municipalities) can foster moral hazard. In a prior article, I argued that an international convention …
Intermediary Risk In A Global Economy, Steven L. Schwarcz
Intermediary Risk In A Global Economy, Steven L. Schwarcz
Duke Law Journal
Worldwide financial markets increasingly depend on structures that reduce risk by interposing intermediaries between investors and the companies obligated to pay them. This reduction of risk may be offset, however, by the risk that an intermediary will fail, and its creditors then will claim against assets held by the intermediary for the benefit of investors. If the intermediary holds assets solely in a custodial capacity, this risk traditionally is addressed by agency and trust law. What is novel, however, is that intermediaries in a wide range of domestic and international dealings-including the trading of investment securities, the sale of loan …
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi
Duke Law Journal
Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …
Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine
Negotiating Federalism: State Bargaining And The Dormant Treaty Power, Edward T. Swaine
Duke Law Journal
The orthodox view that states have no role in U. S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a "dormant" bar on state participation-that is, absent a controlling federal statute or treaty-is obscure. Revisionist scholarship and recent Supreme Court case law suggest that Congress alone should decide when the states must stay out of foreign relations. In this Article, Professor Swaine argues that both the orthodox and revisionist views neglect an alternative basis for a judicial role-the Treaty Clause, enforced through the dormant treaty power. The text, structure, …
Protectionism, Prestige, And National Security: The Alliance Against Multilateral Trade In International Air Transport, Randall D. Lehner
Protectionism, Prestige, And National Security: The Alliance Against Multilateral Trade In International Air Transport, Randall D. Lehner
Duke Law Journal
No abstract provided.
Gatt And Nafta: Marrying Effective Dispute Settlement And The Sovereignty Of The Fifty States, Samuel C. Straight
Gatt And Nafta: Marrying Effective Dispute Settlement And The Sovereignty Of The Fifty States, Samuel C. Straight
Duke Law Journal
No abstract provided.
Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi
Racial Justice In The Age Of The Global Economy: Community Empowerment And Global Strategy, Anthony D. Taibi
Duke Law Journal
No abstract provided.
Trade Legalism And International Relations Theory: An Analysis Of The World Trade Organization, G. Richard Shell
Trade Legalism And International Relations Theory: An Analysis Of The World Trade Organization, G. Richard Shell
Duke Law Journal
No abstract provided.
The Customary International Law Of State-Sponsored International Abduction And United States Courts, Jonathan A. Gluck
The Customary International Law Of State-Sponsored International Abduction And United States Courts, Jonathan A. Gluck
Duke Law Journal
No abstract provided.
The Treatment Of Foreign Country Convictions As Predicates For Sentence Enhancement Under Recidivist Statutes, Alex Glashausser
The Treatment Of Foreign Country Convictions As Predicates For Sentence Enhancement Under Recidivist Statutes, Alex Glashausser
Duke Law Journal
No abstract provided.
Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa
Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa
Duke Law Journal
No abstract provided.
Continental Law And Common Law: Historical Strangers Or Companions?, R. H. Helmholz
Continental Law And Common Law: Historical Strangers Or Companions?, R. H. Helmholz
Duke Law Journal
No abstract provided.
The International Patent System And Third World Development: Reality Or Myth?, A. Samuel Oddi
The International Patent System And Third World Development: Reality Or Myth?, A. Samuel Oddi
Duke Law Journal
This article examines the impact on Third World countries of their membership in the international patent system. Professor Oddi begins by discussing the traditional rationale for the existence of a patent system. He concludes that although this rationale may have some validity for developed countries, the rationale is not applicable to developing countries. The institution of a patent system in a developing country may confer significant social costs on that country; membership in the international patent system may exacerbate those costs. For those countries that do belong to the international patent system, Professor Oddi suggests changes to ameliorate the costs …
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Transnational Corporations And Developing Public International Law, Jonathan I. Charney
Duke Law Journal
In recent years the international community has been developing various international codes of conduct, many of which will contain rules governing the behavior of transnational corporations (TNCs). Most of these rules are being developed with little or no direct TNC participation. Professor Charney argues that because TNCs represent major, independent centers of influence, failure to include them in the codes of conduct negotiations may result in rules that do not accurately reflect the realities of TNC interests and power. If the international community later seeks to convert these rules into legal norms, TNC resistance will probably place costly strains on …
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Applying The International Law Of Sovereign Immunity To The States Of The Union, John M. Rogers
Duke Law Journal
No abstract provided.