In this context, this Article rejects the positivist corrective justice theory, which states that a decision-maker will not bother with ambiguous cause-in-fact, but instead will be driven to award damages based on the coercing state's perceived immorality.
The Commentary to the Second Reading does not expressly reject Ago's focus on a temporary relationship, but it emphasizes a different point--that coercion is conduct that forces the will of the coerced state, giving it no effective choice but to comply with the wishes of the coercing state.
66) Most notably, this case does not directly support the notion that coercion gives rise to indirect responsibility for the coercing state, but rather that the United States perhaps can be more creative than others in choosing from whom to seek reparations.
85) The ILC disagreed, concluding that coercion should not be limited to the threat or use of armed force, but instead should cover all actions that seriously limit the freedom of decision of the coerced state by making it extremely difficult to act in a way different from that required by the coercing state.
Otherwise, the coercing state would be responsible under direct responsibility, thus removing the need to sue under the provisions involving indirect responsibility.
If it believed Taiwan's politics-first reputation, it would welcome the trade relationship and avoid coercing
Coercing Virtue is about how judges both in the United States and abroad are goading the entire Western world over the decadent edge.
Problem number one is that, from the perspective of anything other than gimmickry, Coercing Virtue is a strangely conceived book.
The conflict between Bork's theoretical affinity for the elected branches of government and his practical contempt for the democratic electorate is just one of the things in Coercing Virtue that fails to compute.
There are legitimate points and absurd points in Coercing Virtue, but more than anything else there are obvious points, animus, and imploding logic.
As NCAA justice goes, Harrick's dismissal was a brilliant move: a response to the past - Blazergate, the Monty's meal, lying to UCLA officials eight times, coercing
assistant Michael Holton to lie - and a preemptive strike against potential problems.
Court convicts them of attacking the 13-year-old Palestinian with a taser gun and coercing
him to undress
Helmi and Raman had also denied breaching the trust of the 37-year-old businesswoman and coercing
her to waive her stake in an information technology firm.