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Full-Text Articles in Law
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein
Law Faculty Publications
This Article considers the second and different question of how to value the proposed payments under the plan. While the question of how to value the proposed payments under the plan is different from the question of how to value the creditor's security interest in property, there is a connection between the answers to the questions. The value of the payments must at least equal the value of the security interest.
Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins
Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the "discovering" European nations and their successor states, gained legal title to Indian lands in North America. The author argues, using comparative colonial and early American treaty, legislative, and other historical data, that this definition is a legal fiction. In historical reality, discovery was merely an exclusive and preemptive right that vested in the discovering state the right of first purchase.