Law Commons^™

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Roger Williams University School Of Law Commencement, May 20, 2022, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Law School News: Professor Of The Year 2022: Brittany Reposa 05/19/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: Staff Person Of The Year 2022: Ann Marie Thompson 05/17/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

U.S. Recognition Practice: Realism, Legitimacy, Or Pragmatism?, Milena Sterio

Law Faculty Articles and Essays

This Article analyzes recent United States' recognition practice and attempts to decipher the United States' apparent shift in its recognition practice toward a realist approach and/or toward focusing on recognizing new borders. As outlined below, this Article concludes that United States' recognition practice, toward both new regimes as well as borders, seems to be driven by pragmatic concerns rooted in American foreign policy as well as American political and strategic interests in a given country or region. Thus, it may be inaccurate to discuss such recognition practices as realist or legitimacy-based in any normative sense; instead, it may be more …

Availability Of Setoff To Foreign Debtors And Representatives In U.S. Courts, Joseph Muschitiello

Bankruptcy Research Library

(Excerpt)

Setoff is the principle of allowing a party to reduce the debt it owes to an entity by applying a credit for any claim it has against the same entity. The purpose of setoff rights is rooted in “avoiding the absurdity of making A pay B when B owes A.” It is meant to be used by debtors as affirmative defenses or counterclaims. Section 553 of title 11 of the United States Code (the “Bankruptcy Code”) generally preserves the right of setoff in bankruptcy cases.

This memorandum explores how and when foreign debtors and representatives may exercise setoff rights …