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Full-Text Articles in Law
Reconceptualizing Aggression, Michael Anderson
The Evolution Of Modern Sovereign Debt Litigation: Vultures, Alter Egos, And Other Legal Fauna, Jonathan I. Blackman, Rahul Mukhi
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.
Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier
Contracting For State Intervention: The Origins Of Sovereign Debt Arbitration, W. Mark C. Weidemaier
Law and Contemporary Problems
No abstract provided.
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 …
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Clarity And Confusion: Did Republic Of Austria V. Altmann Revive State Department Suggestions Of Foreign Sovereign Immunity?, Mark J. Chorazak
Duke Law Journal
No abstract provided.
Blacklisting As Foreign Policy: The Politics And Law Of Listing Terror States, Matthew J. Peed
Blacklisting As Foreign Policy: The Politics And Law Of Listing Terror States, Matthew J. Peed
Duke Law Journal
No abstract provided.
Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel
Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel
Duke Law Journal
States normally enjoy immunity from suit by private parties, but they may waive this immunity. The Supreme Court's steady contraction of other exceptions to the rule of state sovereign immunity has renewed interest in the previously little-discussed possibilities of waiver. This Article explores the boundaries of waiver doctrine. This Article shows that, prior to 1945, the Supreme Court-even as it enforced a broad, substantive rule of state sovereign immunity-applied a sensible doctrine of waiver that balanced the interests of states with those of private parties and the federal judicial system. The Court's traditional doctrine treated state sovereign immunity like the …
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.
Alaska Law Review
No abstract provided.
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Diplomats Or Defendants? Defining The Future Of Head-Of-State Immunity, Michael A. Tunks
Duke Law Journal
No abstract provided.