Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, 2015 Central Michigan University
Identifying The Honest Debtor: Section 727(A)(4)(A) Of The Bankruptcy Code And The Need For Consistency In Denial Of Discharge Proceedings, Andrew F. Emerson
Andrew Emerson
No abstract provided.
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, 2015 Florida State University
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg
Seth C Oranburg
Title III of the JOBS Act of 2012, which attempts to encourage entrepreneurship by allowing startups and small business to sell stock to the general public over the Internet through “crowdfunding,” is completely backwards. Its ceiling should be a floor—the $1 million limit should be inverted. By capping startups at raising $1 million from crowdfunding, the JOBS Act does not address the private equity gap, a fundamental problem in startup markets, and exposes unsophisticated investors to risk and fraud. This Article presents a regulatory framework premised on “bridgefunding,” an approach that this article develops to protect new investors by encouraging …
Examining Success, 2015 Temple University
Examining Success, Jonathan C. Lipson
Jonathan C. Lipson
Chapter 11 of the Bankruptcy Code presumes that managers will remain in possession and control of a corporate debtor. This presents an obvious agency problem: these same managers may have gotten the company into trouble in the first place. The Bankruptcy Code thus includes checks and balances in the reorganization process, one of which is supposed to be an “examiner,” a private individual appointed to investigate and report on the debtor’s collapse.
We study their use in practice. Extending prior research, we find that examiners are exceedingly rare, despite the fact that they should be “mandatory” in large cases ($5 …
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Second Edition, 2015 Osgoode Hall Law School of York University
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Second Edition, Bita Amani, Carys Craig
Carys Craig
The legal protection afforded by statutory and common law to brands, logos, and "source-identifiers" in the marketplace is a significant and growing area of concern. Trade-marks are often among a business's most valuable assets, making trade-mark law a vital component of any corporate or commercial practice. The Amani-Craig collaboration produces a timely and current volume that comprehensively covers the law and jurisprudence on trade-mark protection in Canada, providing background and comparative discussion where relevant, and offering insightful commentary to facilitate reader comprehension.
Contribution Arguments In Commercial Law, 2015 University of Virginia
Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin
Emily L Sherwin
No abstract provided.
Flexible Finality In Bankruptcy: The Right To Appeal A Denial Of Plan Confirmation, 2015 Barry University
Flexible Finality In Bankruptcy: The Right To Appeal A Denial Of Plan Confirmation, Joseph L. Nepowada
Joseph L Nepowada
This Article examines the current state of the law interpreting what “finality” means in context of a bankruptcy proceeding and what effect that interpretation has on the appealability of certain orders, such as the denial of plan confirmation under a Chapter 13 bankruptcy proceeding. The article highlights nine courts of appeals and their decisions concerning the appealability of a denial of a plan confirmation and it is apparent that the courts are split with three courts of appeal allowing a debtor to appeal a denial of plan confirmation as a matter of right, while six courts of appeal will deny …
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, 2015 University of Georgia School of Law
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, 2015 University of Georgia School of Law
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
Congress' Role In The International Unification Of Private Law, 2015 United States Department of State
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Georgia Journal of International & Comparative Law
No abstract provided.
Worlds Colliding: Competition Policy And Bankruptcy Fire Sales, 2015 Indiana University School of Law -- Indianapolis
Worlds Colliding: Competition Policy And Bankruptcy Fire Sales, Max Huffman
Max Huffman
Modern business bankruptcies commonly involve mergers and acquisitions pursued as “fire sales.” The bankruptcy forum and the unique incentives bankruptcy creates allow those acquisitions to take place with reduced constituent involvement and regulatory oversight. Those fire sale transactions may present antitrust concerns where they lead to undue concentration in the relevant marketplace. This paper studies the poorly explored tension between bankruptcy law, which favors mergers and acquisitions as value-maximizing propositions and creates opportunity for fire sales, and antitrust law, which disfavors combinations leading to undue concentrations of economic power. The substantial tension manifests both as a matter of substantive law …
Trending@Rwu Law: Professor Carl Bogus's Post: When Corporations Grow Too Powerful: Reviving An Old Debate, 2015 Roger Williams University School of Law
Trending@Rwu Law: Professor Carl Bogus's Post: When Corporations Grow Too Powerful: Reviving An Old Debate, Carl Bogus
Law School Blogs
No abstract provided.
Enduring Design For Business Entities, 2015 University of Arkansas
Enduring Design For Business Entities, William E. Foster
William E Foster
The success or failure of an institution may hinge on some of the earliest decisions of its founders. In constitutional design literature, endurance is a widely accepted drafting objective. Indeed, constitutional endurance is positively associated with prosperous and stable societies. Like drafters of constitutions, business organizers have almost innumerable objectives for their enterprises, and attorneys drafting organizational documents must take into account these myriad goals. Oftentimes the drafting process fails to fully address some of the most important of these aims and results in suboptimal structures that lack predictability and reliability. This article looks specifically at small business organizations and …
We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, 2015 European Parliament
We Do Not Recognise Anything 'Private': Public Interest And Private Law Under The Socialist Legal Tradition And Beyond, Rafal Manko
Dr. Rafał Mańko
In line with Lenin’s famous quote that Bolsheviks “do not recognise anything private” and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Polish case, such legal institutions were usually legal transfers, imported from the Soviet Union. When the socio-economic and political system changed …
La Inscripción Del Acuerdo De Disolución Societaria, 2015 Echaiz Abogados
La Inscripción Del Acuerdo De Disolución Societaria, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Introspection Through Litigation, 2015 UCLA School of Law
Introspection Through Litigation, Joanna C. Schwartz
Notre Dame Law Review
This Article contends that there is a bright side to being sued: organizational defendants can learn valuable information about their own behavior from lawsuits brought against them. Complaints describe allegations of wrongdoing. The discovery process unearths documents and testimony regarding plaintiffs’ allegations. And in summary judgment briefs, expert reports, pretrial orders, and trial, parties marshal the evidence to support their claims. Each of these aspects of civil litigation can bring to the surface information that an organization does not have or has not previously identified, collected, or recognized as valuable. This information, placed in the hands of an organization’s leaders …
Is A Contractual Clause Excluding A Right Of Set-Off Subject To The Requirement Of Reasonableness In The Unfair Contract Terms Act?, 2015 Singapore Management University
Is A Contractual Clause Excluding A Right Of Set-Off Subject To The Requirement Of Reasonableness In The Unfair Contract Terms Act?, Yihan Goh
Research Collection Yong Pung How School Of Law
The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down some general guiding principles relating to the application of the UCTA, namely, when a party is considered to be dealing “as consumer” under s 12(1), when a contract contains standard terms of business under s 3(1) and the application of the requirement of …
Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, 2015 Peking University
Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang
Sang Yop Kang
Although controlling shareholder agency problems have been well studied so far, many questions still remain unanswered. In particular, an important puzzle in a bad-law jurisdiction is: why some controlling shareholders (“roving controllers”) loot the entire corporate assets at once, and why others (“stationary controllers”) siphon a part of corporate assets on a continuous basis. To solve this conundrum, this Article provides analytical frameworks exploring the behaviors and motivations of controlling shareholders. To begin with, I reinterpret Olson’s political theory of “banditry” in the context of corporate governance in developing countries. Based on a new taxonomy of controlling shareholders (“roving controllers” …
The Export Trade Note: A New Instrument For International Trade, 2015 Covington & Burling
The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, 2015 University of Georgia School of Law
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, 2015 University of Georgia School of Law
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.