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Full-Text Articles in Law

The Legal And Social Implications Of Insolvent Cross-Border Real Estate Developers, Edward T. Canuel Jan 2007

The Legal And Social Implications Of Insolvent Cross-Border Real Estate Developers, Edward T. Canuel

Vanderbilt Journal of Transnational Law

This article analyzes the phenomena associated with cyclical real estate markets, discussing the theoretical and market influences which motivate developers during this cycle. Fluctuating commercial real estate markets necessitate a focus on market upswings and downswings, and consideration of the roles and motivations of a wide array of actors, ranging from industry analysts and developers to lenders. Legal considerations, particularly during real estate downturns, or busts, include a variety of issues, particularly if the commercial real estate developers in question conducted business internationally. This Article details the theoretical and economic conditions found during real estate market cycles, with special emphasis …


Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl Jan 2007

Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl

Vanderbilt Journal of Transnational Law

When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature comply with the principles of Islamic law. This Article sets forth proposals for reform that …