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Full-Text Articles in Law
Out Of The Woods : Sino-Forest, Third-Party Releases & The Relationship Between Insolvency & Class Action Law, Shawn V. Therien
Out Of The Woods : Sino-Forest, Third-Party Releases & The Relationship Between Insolvency & Class Action Law, Shawn V. Therien
2014 Undergraduate Awards
Under Canada’s Companies’ Creditors Arrangement Act RSC 1985, c C-36 (“CCAA”), a restructuring plan typically releases creditor claims against the debtor company. Occasionally, a restructuring plan will also release creditor claims against third parties, such as the debtor’s auditor. These releases are known as third-party releases. Third-party releases are a controversial feature of Canadian restructuring proceedings. Nonetheless, the approval of third-party releases is an emerging trend under the CCAA. In 2013, Morawetz J approved a $117 million settlement in an Ontario class action. The settlement was approved as a part of the Sino-Forest Corporation CCAA proceeding. It gave Ernst & …
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Economic Interest Convergence In Downsizing Imprisonment, Spearit
Articles
This Essay employs a variation of the “interest convergence” concept to examine the competing interests at stake in downsizing imprisonment in the United States. In the last few decades, the country has become the world leader in both incarceration rates and number of inmates. Reversing these trends is a common goal of multiple parties, who advocate prison reform under different rationales. Some advocate less imprisonment as a means of tempering the disparate effects of imprisonment on individual offenders and the communities to which they return. Others support downsizing based on conservative values that favor reduced government size, spending, and interference …