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Luz Estella Nagle, Entrevista con una experta sobre las extradiciones de Colombianos a EE.UU., politica contra el narcotrafico de Colombia, y otros temas, (2003)Clicking on the button will copy the full recommended citation.
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James W. Fox, Relational Contract Theory and Democratic Citizenship, 54 Case W. Res. L. Rev. 1 (2003)Clicking on the button will copy the full recommended citation.
In this article I engage Relational Contract Theory ("RCT"), with a focus on the theory of Ian Macneil. I argue that while RCT is a valuable approach to contract and contract law, it has an impoverished approach to the role of the democratic state in contract law. I then contend that by mining some political theories which parallel RCT, particularly the work of Michael Walzer and David Miller, we can construct a relational approach to contract law that credits the democratic state with a significant role in contract law. Such an approach, I argue, provides a more compelling theoretical justification for integrating democratic and dignity-based rights and protections, such as protections against gender and racial discrimination, into contract law. Moreover, a Walzerian approach allows us to view contract law and contract generally as one aspect, or "sphere", of an integrated democratic pluralism and so enables challenges to the colonization of all activities by contract and contract ideology. Ultimately it is the hope of this article to reinvigorate discussions of the role of contract and contract law in democratic society. Along the way I also explore, among other things, the strong links between contract and democracy during the American Reconstruction period, modern issues such as consumer form contracting and unconscionability, and the problem of anormativity in relational contract and other "norms"-oriented theories.
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Roberta Flowers, Litigating with the Elderly Client, 16 National Academy of Elder Law Attorneys Quarterly 2 (2003)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Schemes to Defraud, 27 Champion 12 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Perspectives on Wetlands and Biodiversity: International Law, Iraqi Marshlands and Incentives for Restoration, 15 Colorado Journal of International Envtl. L. and POlicy 1 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Rehabilitating Nature: A Comparative Review of Legal Mechanisms That Encourage Wetland Restoration Efforts, 52 Cath. U. L. Rev. 573 (2003)Clicking on the button will copy the full recommended citation.
This article reviews the current legal mechanisms throughout the world that are designed to encourage wetland restoration activities. Part I examines international law that calls for wetland restoration. Part II explores non-regulatory programs that offer financial incentives for wetland restoration. In particular, direct payments to landowners and indirect payments through tax deductions and credits are noted. Part III explores domestic, non-cash incentives that are outside of traditional, permit-based regulatory programs. Such incentives include the generation of good will or favorable publicity for corporations (or their desire to avoid unfavorable publicity), governmental permission to conduct harvesting activities that would otherwise be limited or prohibited, and governmental assurances not to impose stricter land-use controls if the restoration project results in environmental improvements. Part IV reviews several domestic regulatory programs and indentifes incentives for wetland restoration, including mitigation banking.
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Ciara Torres-Spelliscy, Housing in the Heartland: An Examination of the Hollman v. Cisneros Consent Decree, the Politics of Racial Concentration and the Possibilities Offered by Democratic Experimentalism, 17 Nat'l Black L.J. 98 (2003)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Determining Congressional Intent Regarding Dischargeability of Imputed Fraud Debts in Bankruptcy, 54 Mercer L. Rev. 987 (2003)Clicking on the button will copy the full recommended citation.
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Roy Balleste and Gordon Russell, Implementing Virtual Reference: Hollywood Technology in Real Life, 23 Computers in Libraries 14 (2003)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Domino Effect: The Continued Existence of Liability for Fraud in Bankruptcy Despite Good-Faith Settlements by the Honestly Unfortunate Settlor, 53 Cath. U. L. Rev. 81 (2003)Clicking on the button will copy the full recommended citation.