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Articles 1 - 30 of 90
Full-Text Articles in Law
Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel
Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel
Richard A Grisel
The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.
This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive airspace …
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
State Mandated Disability Insurance As Salve To The Consumer Bankruptcy Imbroglio, Alena Allen
BYU Law Review
From Main Street to Wall Street, Americans are hurting. In 2009, over 1.4 million families filed for bankruptcy. Researchers examining the causes of bankruptcy discovered that as many as sixty-two percent of all bankruptcies were precipitated by a medical crisis. Because many Americans are living paycheck to paycheck and lack disability insurance, when a medical crisis strikes, bank accounts are quickly depleted by the amalgam of high medical bills and lost wages. Disability insurance provides needed wage replacement when a worker is unable to work due to an illness or injury. This Article presents the case for statemandated disability insurance …
Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García
Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García
Bruno L. Costantini García
Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.
The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
The Impairment Of Secured Creditors’ Rights In Reorganization: A Study Of The Relationship Between The Fifth Amendment And The Bankruptcy Clause, James S. Rogers
James S. Rogers
Some commentators and courts have argued that the takings clause of the fifth amendment limits congressional power to interfere with property rights in bankruptcy proceedings. In this Article, Professor Rogers argues to the contrary that, at least with respect to prospective bankruptcy legislation, the bankruptcy clause itself and not the fifth amendment limits congressional bankruptcy power. His view derives from nineteenth and twentieth century case law, particularly cases assessing the validity of restraints on secured creditors' foreclosure rights, and from the theoretical difficulty of distinguishing between supposedly protected property rights and supposedly unprotected contract interests. Professor Rogers also sharply criticizes …
The Myth Of Negotiability, James Steven Rogers
When The Chips Are Down: Do Indian Tribes With Insolvent Gaming Operations Have The Ability To File For Bankruptcy Under The Federal Bankruptcy Code?, Corina Rocha Pandeli
When The Chips Are Down: Do Indian Tribes With Insolvent Gaming Operations Have The Ability To File For Bankruptcy Under The Federal Bankruptcy Code?, Corina Rocha Pandeli
UNLV Gaming Law Journal
Indian gaming has become increasingly popular in the United States, with casino and resort facilities on federally recognized Indian land rivaling the likes of Las Vegas and Atlantic City casinos. Since the passage of the Indian Gaming Regulatory Act of 1988 (“IGRA”), gaming activities on Indian reservations across the country have skyrocketed, providing a substantive source of revenue to once economically downtrodden tribes. The IGRA places Indian tribes involved in gaming operations in a unique position because it affords them federal protection and oversight with respect to gaming operations, whereas state law regulates private gaming operations. In a relatively short …
Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García
Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García
Bruno L. Costantini García
Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant
Student Loans In Bankruptcy And The "Undue Hardship" Exception: Who Should Foot The Bill?, Kyle L. Grant
BYU Law Review
No abstract provided.
Recuperação De Empresas Viáveis Em Dificuldades: Prevenção E Preservação De Valor [Restructuring Distressed Viable Business Entities: Prevention And Value Preservation], Bruno Ferreira
Bruno Ferreira
No abstract provided.
La Jurisprudencia En México, Bruno L. Costantini García
La Jurisprudencia En México, Bruno L. Costantini García
Bruno L. Costantini García
Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?
Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García
Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García
Bruno L. Costantini García
Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.
Protecting Your Retirement Savings From Potential Creditors, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Protecting Your Retirement Savings From Potential Creditors, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Pension Action Center Publications
State and federal laws provide strong protections to New England residents to shield their retirement savings from creditors. The particular protections available depend on whether you have filed for bankruptcy, how your retirement savings are kept, and where you live.
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra
Vanderbilt Law School Faculty Publications
This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra
The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra
Vanderbilt Law School Faculty Publications
This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.
Licensing Intellectual Property And Technology From The Financially-Troubled Or Startup Company: Prebankruptcy Strategies To Minimize The Risk In A Licensee's Intellectual Property And Technology Investment, Richard M. Cieri, Michelle M. Harner
Licensing Intellectual Property And Technology From The Financially-Troubled Or Startup Company: Prebankruptcy Strategies To Minimize The Risk In A Licensee's Intellectual Property And Technology Investment, Richard M. Cieri, Michelle M. Harner
Michelle M. Harner
No abstract provided.
State Bankruptcy From The Ground Up, David A. Skeel Jr.
State Bankruptcy From The Ground Up, David A. Skeel Jr.
All Faculty Scholarship
After a brief, high profile debate, proposals to create a new bankruptcy framework for states dropped from sight in Washington in early 2011. With the debate’s initial passions having cooled, at least for a time, we can now consider state bankruptcy, as well as other responses to states’ fiscal crisis, a bit more quietly and carefully. In this Article, I begin by briefly outlining a theoretical and practical case for state bankruptcy. Because I have developed these arguments in much more detail in companion work, I will keep the discussion comparatively brief. My particular concern here is, as the title …
Bankruptcy, James D. Walker Jr., Amber Nickell
Bankruptcy, James D. Walker Jr., Amber Nickell
Mercer Law Review
The past few years have been somewhat uneventful in terms of the development of bankruptcy law in Eleventh Circuit courts. The year 2010 was no exception. The lack of significant cases in the lower courts, however, has been offset by notable activity in the Supreme Court of the United States, which has decided five bankruptcy cases since last year's Survey.
The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
The Case For "Cramdown": Eliminating The Practical And Ideological Barriers To Pure Mortgage Modification, Peter J. Leo
University of Miami Business Law Review
No abstract provided.
Reciprocity Comity, Edward Janger
The Heroic Enterprise Of The Asbestos Cases, Gregory C. Keating
The Heroic Enterprise Of The Asbestos Cases, Gregory C. Keating
Gregory C. Keating
The asbestos crisis pushed our adjudicative institutions to the brink of failure, and exposed the extraordinary difficulty of managing mass tort litigation on a scale so vast. Even so, there is much to praise in the efforts of courts to come to grips with this, the greatest of all mass accidents. The asbestos cases are an heroic judicial effort to construct a form of enterprise liability, one tailored to the distinctive features of a mass disaster of unprecedented scope and duration. Asbestos is the greatest of modern mass accidents. It is the expression of a nightmarishly well-organized world of systematically …
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Gebhart V. Gaughan: Clarifying The Homestead Exemption As To Post-Petition Appreciation, Natalie R. Barker
Golden Gate University Law Review
This case summary begins by discussing the facts and procedural history of the two consolidated appeals in Gebhart. Next, it outlines and reviews the analysis of the Ninth Circuit. Lastly, it concludes by briefly discussing the implications of the Ninth Circuit’s decision in Gebhart.
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Proprietary Remedies In Insolvency: A Comparison Of The Restatement (Third) Of Restitution & Unjust Enrichment With English And Commonwealth Law, Anthony Duggan
Washington and Lee Law Review
This Article deals with proprietary remedies, in particular the constructive trust, and their application in the defendant’s bankruptcy. The Article offers a comparative analysis of English and Commonwealth law with the relevant parts of the recently completed Restatement (Third) of Restitution & Unjust Enrichment. The discussion is organized around five simple hypotheticals, each representing issues which courts in England and other parts of the Commonwealth have found particularly troubling: mistaken payments; misrepresentation in the context of land dealings; misrepresentation in other contexts; breach of fiduciary obligation; and specific performance. The aim is to identify the likely outcome in each case …
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Student Articles and Papers
The core of many companies' business model depends heavily on access to a trademark license. Unfortunately, despite possessing a license and turning a profit, some of these companies run into difficulties and are forced to file for chapter 11. This article analyzes the legal issues faced by a company in this situation. First, it explores the existing tension at the intersection of bankruptcy and trademark law, then discusses the three approaches courts have taken to resolving this tension. It concludes with the proposal that only one of these approaches appropriately balances the competing interests at stake.
A New Approach To Section 363(F)3, Evan F. Rosen
A New Approach To Section 363(F)3, Evan F. Rosen
Michigan Law Review
Section 363(f) of the Bankruptcy Code provides five circumstances in which a debtor may be permitted to sell property free of all claims and interests, outside of the ordinary course of business, and prior to plan confirmation. One of those five circumstances is contained in § 363(f)(3), which permits such a sale where the "interest is a lien and the price at which such property is to be sold is greater than the aggregate value of all liens on such property." While it is far from certain whether § 363(f)(3) requires a price "greater than the aggregate [face value] of …
Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware
Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware
Stephen Ware
The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin
The Affordability Paradox: How Consumer Bankruptcy's Greatest Weakness May Account For Its Surprising Success, Angela Littwin
William & Mary Law Review
When the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made consumer bankruptcy more expensive for all debtors, it inadvertently reignited a debate about how to make the system more affordable for its neediest beneficiaries. Even before BAPCPA, consumer bankruptcy suffered from the irony that those who needed it the most were often too poor to take advantage of its relief.
The seemingly obvious solution to this problem is to eliminate the major cost that consumer bankruptcy filers bear, that of paying their own lawyers. But in our rush to undo the harm caused by BAPCPA’s worsening of the …
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford
University of Richmond Law Review
No abstract provided.
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
University of Richmond Law Review
No abstract provided.
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada
University of Richmond Law Review
This article analyzes the early days of the credit crisis as well as two of the largest casualties of that period-Lehman Brothers and General Motors. In addition, by focusing on the bankruptcy proceedings of these two entities as well as other judicial decisions rendered since the financial crisis began, it examines the role that courts have played in the crisis.
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Reinstatement V. Cramdown: Do Secured Creditors Win Or Lose?, Heather Lennox, Michelle M. Harner, Eric R. Goodman
Michelle M. Harner
No abstract provided.