Law Commons^™

Bankruptcy For Cannabis Companies: Canada’S Newest Export?, Stephanie Ben-Ishai

University of Miami International and Comparative Law Review

No abstract provided.

The Low Usage Of Bankruptcy Procedures: A Cultural Problem? Lessons From Spain, Aurelio Gurrea-Martínez

University of Miami International and Comparative Law Review

While filing for bankruptcy does not seem appealing for any debtor regardless of the jurisdiction, the reluctance to use the bankruptcy system varies across countries. This article explores the underlying reasons and economic effects of the low usage of bankruptcy procedures in Spain, where the rate of business bankruptcies is one of the lowest in the world. Some authors have argued that the low usage of bankruptcy procedures in Spain is due to a “cultural” problem faced by Spanish entrepreneurs. According to this hypothesis, the lack of a “bankruptcy culture” makes Spanish entrepreneurs afraid to use the bankruptcy system. In …

Value Tracing And Priority In Cross-Border Group Bankruptcies: Solving The Nortel Problem From The Bottom Up, Edward J. Janger, Stephan Madaus

University of Miami International and Comparative Law Review

No abstract provided.

Cryptocurrencies, Cybersecurity And Bankruptcy Law: How Global Issues Are Globalizing National Remedies, Renato Mangano

University of Miami International and Comparative Law Review

The market for cryptocurrencies is interspersed with cases of loss, theft and fraud and a new transnational practice in bankruptcy law is emerging whereby cryptocurrency exchanges compensate the injured users on a collective basis. This paper will argue: first, that this trend has transplanted into Asia and Europe the US idea according to which bankruptcy law can be employed to avoid mass litigation; secondly, that this trend has transcended the debate about the characterization of digital assets, including the concerns of those scholars who maintain that digital coins cannot be objects of property; and thirdly that – since this practice …

Resolving Corporate Insolvencies In China: The Gap Between Law And Reality, Dr. Zhang Zinian

University of Miami International and Comparative Law Review

This article examines how corporate insolvencies in China, the second largest economy, are handled under the current legislation, the China Enterprise Bankruptcy Law of 2006. Relying on the fresh empirical data arising from the first ten years on the use of China’s three insolvency procedures, reorganization, composition and liquidation, this article reveals the huge gap between the law in the books and the law in action, arguing that the implementation of this law in China perhaps has not achieved the legislative objectives. The constitutional and institutional weaknesses affecting the application of this law are analyzed

Small Business And Bankruptcy: Recent Changes In Kosovo And The United States Compared, Bruce A. Markell

University of Miami International and Comparative Law Review

United States, small businesses account for 99.7% of all employers, and about 47.3% of private sector employment.1 In the European Union (EU) non-financial business sector, SMEs accounted for 99.8% of all enterprises.2 These enterprises employed almost ninety-eight million people—66.6% of total employment—in the EU.

SMEs are variously defined. In the United States, until recently the definition of an SME was an enterprise that employed less than 500 individuals.4 In the EU, SMEs are defined as businesses which employ less than 250 staff and have an annual turnover of less than €50 million, or whose balance sheet total is less than …

Impact Of The Italian Business Crisis And Insolvency Code On Organizational Structures In Msmes, Alessandra Zanardo

University of Miami International and Comparative Law Review

In September 2021, the Italian Bankruptcy Law will be replaced by a new comprehensive Act, the so-called Business Crisis and Insolvency Code.

Two topics have immediately become the “mantra” of this important reform: a) the introduction into the domestic legal framework of early warning tools and alert procedures, along the lines of the French experience; and b) the introduction of a specific obligation on the entrepreneur or the management body of collective entities to implement suitable measures or establish appropriate organizational structures to prevent future insolvency and preserve the business continuity.

These measures are closely related, insofar as the obligation …

Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova

University of Miami International and Comparative Law Review

This article follows the Pussy Riot case from the 2012 trial decision to the 2018 challenge before the European Court of Human Rights (ECtHR). The case revolved around the “punk prayer” performed by three women in Christ the Saviour Cathedral in Moscow. While the case, which centered on violation of freedom of expression, may be framed as a matter of political speech vs. religious speech, it has broader implications. Pussy Riot’s performance and subsequent legal cases were about the ability of pluralism and dissent to counter the carefully constructed government narrative of “traditional values” and moral sovereignty. For democracy to …

Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez

University of Miami International and Comparative Law Review

“With the right to bear arms come a great responsibility to use caution and common sense on handgun purchases.” – Ronald Reagan

The left will say we need more gun control, the right will say it is our constitutional right to bear arms. Is one truly better than the other? Does the answer lie simply in gun education? This note will scrutinize the history of the Second Amendment to the United States Constitution as it relates to gun rights, gun laws, and gun violence. Next, this note will compare those rights, laws, and statistics to that of Switzerland. Switzerland’s gun …

The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree

University of Miami International and Comparative Law Review

The United States has a longstanding history of denying aliens admission based on a wide range of grounds that we have deemed to demonstrate the alien would be either dangerous to society or a financial burden on the state. “Self-sufficiency” has been a basic principle of US immigration law since the country’s earliest immigration statutes. It is the contention of the Department of Homeland Security that the availability of public benefits can create an incentive for immigration to the United States at a rate that cannot be financially supported by the government. Certain European countries, such as Sweden, see a …

Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio

University of Miami International and Comparative Law Review

The language of democracy and democratic organization is usually spoken only in the vernacular of liberal democracy. Liberal democracy, mostly of western origin centers legitimacy of a political order on open, full, and free election for representatives, as well as a substantially unregulated civic space in which individuals and others can engage in political discourse. This essentially exogenous form of democratic organization has been increasingly challenged in the 21st century by an alternative model of endogenous democracy more compatible with states organized along Marxist Leninist principles. These emerging forms of endogenous democratic practices have been developed along two distinct lines, …

Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey

University of Miami International and Comparative Law Review

This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit practice. Further, it examines the role of the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes and how he, in his role as Special Rapporteur, can provide relief to indigenous communities suffering the effects of this …

Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif

University of Miami International and Comparative Law Review

No abstract provided.