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Articles 1 - 5 of 5
Full-Text Articles in Law
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner
All Faculty Scholarship
Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the legal …
Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz
Suem - Spitz's Ultimate Equitable Maxim: In Equity, Good Guys Should Win And Bad Guys Should Lose, Roger Young, Stephen Spitz
South Carolina Law Review
No abstract provided.
Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs
Minority Shareholder, Minority Citizen: A Perspective Piece, Anthony Briggs
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill
Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill
Fordham Journal of Corporate & Financial Law
No abstract provided.
Resisting The Expansion Of Bankruptcy Court Power Under Section 105 Of The Bankruptcy Code: The All Writs Act And An Admonition From Chief Justice Marshall, Daniel Bogart
Daniel B. Bogart
This article is divided into three main parts. In the first part, the article criticizes the expansive use of section 105 of the Bankruptcy Code by bankruptcy courts, and argues that this is an inappropriate extension of bankruptcy court power. It begins with a history of section 105 and argues that the drafter intended section 105 to be of limited scope. The drafter assumed that bankruptcy courts would rely on the All Writs Act, upon which the language of section 105 is based. This part then examines a number of typical scenarios in which courts have over reached in application …