Oregon Review of International Law : Volume 20, Number 1 (2018)
https://scholarsbank.uoregon.edu/xmlui/handle/1794/24361
2024-03-28T21:39:53ZWhat Happens When an Island Starts to Drown Under Its Own Weight? The Debt Crisis of Puerto Rico
https://scholarsbank.uoregon.edu/xmlui/handle/1794/24368
What Happens When an Island Starts to Drown Under Its Own Weight? The Debt Crisis of Puerto Rico
Leblanc, Emily
Hurricanes, floods, and earthquakes are recent natural disasters to have hit the Commonwealth of Puerto Rico. Compounding these natural disasters is one that is man-made: the Puerto Rican debt crisis. Current estimates are that Puerto Rico owes more than $73 billion to its bondholders. How did this happen? This Comment is an examination of the legislation designed to help Puerto Rico restructure its finances and reorganize and/or discharge its debt.
28 pages
2019-02-14T00:00:00ZUnmarried Cohabitants: How the United States Is Still Not Protecting Same-Sex Couples
https://scholarsbank.uoregon.edu/xmlui/handle/1794/24367
Unmarried Cohabitants: How the United States Is Still Not Protecting Same-Sex Couples
Ballard, London S.
Same-sex couples often face discrimination throughout their daily lives. Although the United States is making efforts to remove that discrimination, many problems still exist and disrupt same-sex couples’ lives. For example, when sharing property, the name on the property’s legal title of certificate often dictates the owner(s) without considering if, and with whom, they live. Unmarried cohabitants might not be protected under zoning ordinances that only protect “traditional families” connected by blood, marriage, or adoption. Unmarried cohabitants might struggle to bring inheritance claims if his/her partner dies without a will. For tax purposes, unmarried cohabitant couples are often classified as “single,” so they are unable to reap marital tax benefits like their married counterparts. These are just a few examples of the legal drawbacks facing unmarried cohabitants.
30 pages
2019-02-14T00:00:00ZWithout Silence, There Is No Golden Rule; Without Dissent, There Is No Progress
https://scholarsbank.uoregon.edu/xmlui/handle/1794/24366
Without Silence, There Is No Golden Rule; Without Dissent, There Is No Progress
Uluc, Inan; Sutton, Kristi R.
The frequency of dissenting opinions accompanying arbitration awards in international arbitration has multiplied, particularly in international investment arbitration. Accordingly, dissenting opinions are now inevitable companions to majority awards. Notwithstanding the fact that dissenting opinions neither form part of an arbitral award nor constitute a separate award, the escalation of dissenting opinions spawns anxiety in scholars and practitioners. This trepidation ignited a crusade whereby those opposed to the practice of rendering dissent challenge the role and usefulness of these opinions. In this respect, this Article initially considers and critiques specific arguments raised by those opposed to dissenting opinions in international arbitration. Following analysis of the criticisms, this Article explores the beneficial and constructive aspects of dissenting opinions. Evident from this discussion is that dissenting opinions are not only integral to supplement an arbitrator’s quasi-judicial capacity, but also encourage issuance of well-reasoned awards. Clear from the benefits of dissenting opinions in international arbitration, any departure from the present clemency espoused toward the practice will eventuate in the field’s regression.
56 pages
2019-02-14T00:00:00ZOperation Restore Legacy Renders Southern African Development Community (SADC) Constitutionalism Suspect in the Coup d’État That Was Not a Coup
https://scholarsbank.uoregon.edu/xmlui/handle/1794/24365
Operation Restore Legacy Renders Southern African Development Community (SADC) Constitutionalism Suspect in the Coup d’État That Was Not a Coup
Chigara, Benedict Abrahamson
This Article examines the SADC constitutional norm on the absolute prohibition of unconstitutional takeover of power in light of the 2017 change of power in Zimbabwe. That year, the country underwent a correction of governance from a Mugabe-contrived family dynasty to sovereign control of Zimbabwe’s peoples. This Article recommends the urgent development by the SADC of a parallel constitutional normative structure requiring the absolute sanctity of the national assembly ballot as a precondition to implementation of the absolute prohibition of unconstitutional takeover of power. The new norm should also have a similar, if not stronger, monitoring and enforcement mechanism.
46 pages
2019-02-14T00:00:00Z