Law Commons^™

The Prophecies Of The Prophetic Jurist – A Review Of Selected Works Of Oliver Wendell Holmes, Jr., Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

This is a review of the methodology and style of legal research of Oliver Wendell Holmes, Jr., focusing on the ideological and philosophical leanings that informed his scholarship. The review spans selected works of his undergraduate days through his mid-career writings and his representative opinions on the Supreme Judicial Court of the State of Massachusetts and the Supreme Court of the United States.

Theory In Search Of Practice: The Right Of Innocent Passage In The Territorial Sea, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

The evolution of the law of the sea has been shaped largely by two notions, namely, freedom of navigation on the one hand, and restricted access on the other hand. The interaction between these two opposing notions has led to the acceptance of two compromise concepts, namely, the territorial sea and the right of innocent passage. These concepts have now been codified in the 1982 United Nations Convention on the Law of the Sea. This paper examines the right of innocent passage in the territorial sea under the Law of the Sea Convention regime as matched against contemporary state practice. …

International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher

Cornell Law School J.D. Student Research Papers

Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. They are a powerful tool available to American courts to implement their decision on jurisdiction. It goes without saying that granting such an injunction de facto affects the capability of the other forum to hear the dispute, which conflicts with the principle of comity. American courts therefore only enjoin a party from proceeding in another forum if certain criteria are satisfied. This paper discusses these criteria in the context of international litigations and arbitrations. It analyzes the case law on this issue and …

Deciding On An Efficient Involuntary Bankruptcy Filing Petition Rule, Sergio A. Muro

Cornell Law School J.D. Student Research Papers

Bankruptcy law deals with last recourse solutions to extreme financial and balance-sheet problems. Both debtor and his creditors will have incentives to begin an insolvency case balanced with other reasons that will encourage them not to begin it. Consequently legal systems usually tend to concentrate on rules that will spur either group to bring the bankruptcy proceeding when it is adequate. As a result some countries have creditors bringing most of the proceedings (as is the case of the United Kingdom) and others have debtors as the prime figures.

This paper focuses on the creditor side of the equation and …