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Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo 2018 Ca’ Foscari University of Venice

Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo

Chicago-Kent Law Review

Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduciary duties when a corporation is insolvent or in the amorphous “zone of insolvency”; notably, to investigate whether the directors should continue to promote the best interests of the corporation for the benefits of its shareholders, or whether their duties shift to creditors.

The resolution of this ubiquitous issue will help to answer the following questions: Do creditors have standing to pursue claims for breach of fiduciary duties in the insolvency scenario? And, if they do, is it direct or derivative standing?

This Article will ...


Modularity In Cross-Border Insolvency, Andrew B. Dawson 2018 University of Miami School of Law

Modularity In Cross-Border Insolvency, Andrew B. Dawson

Chicago-Kent Law Review

This Article proposes a framework for thinking about the design structure of the Model Law on Cross-Border Insolvency. The Model Law has been successful by many metrics; however, it has faced various implementation challenges. As leading scholar Professor Jay Westbrook has noted, thinking about these problems requires thinking about the Model Law as a system. To understand the system, it is necessary to understand its architecture, and I argue that this architecture is best understood as reflecting a modular design structure, i.e., one that divides complex systems into a hierarchical system of self-contained components. Modularity has provided insights into ...


The Avoidance Of Pre-Bankruptcy Transactions: An Economic And Comparative Approach, Aurelio Gurrea-Martínez 2018 Singapore Management University

The Avoidance Of Pre-Bankruptcy Transactions: An Economic And Comparative Approach, Aurelio Gurrea-Martínez

Chicago-Kent Law Review

Most insolvency jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. These mechanisms, generally known as claw-back actions or avoidance provisions, may fulfil several economic goals. First, they act as an ex post alignment of incentives between factually insolvent debtors and their creditors, since the latter become the residual claimants of an insolvent firm, but they do not have any control over the debtor’s assets while the company is not yet subject to a bankruptcy procedure. Thus, avoidance powers may prevent or, at least, reverse opportunistic behaviors faced ...


Infinite Jest: The Otiose Quest For Completeness In Validating Insolvency Judgments, Bruce A. Markell 2018 Northwestern Pritzker School of Law

Infinite Jest: The Otiose Quest For Completeness In Validating Insolvency Judgments, Bruce A. Markell

Chicago-Kent Law Review

Universalism in cross-border bankruptcies strives to reduce waste, and harmonize restructuring and recoveries. Universalism’s avatar is UNCITRAL’s 1997 Model Law on Cross-Border Insolvencies (Model Law). Underlying the Model Law, however, is an implicit assumption that court orders entered in the proceeding where the debtor’s center of main interests is located will be respected in all other states in which the debtor has assets or operations. That assumption may have been incorrect, as shown by cases such as the United Kingdom’s Rubin v. Eurofinance, S.A.

This Article looks at UNCITRAL’s reaction to Rubin: its new ...


Layering, Conversion, And Drifting: A Comparative Analysis Of Path Dependent Change In Consumer Insolvency Systems, Megan McDermott 2018 University of Wisconsin School of Law

Layering, Conversion, And Drifting: A Comparative Analysis Of Path Dependent Change In Consumer Insolvency Systems, Megan Mcdermott

Chicago-Kent Law Review

The past twenty-five years have been marked by major developments in consumer insolvency systems around the world. The threshold challenge for comparative scholars is to keep up with the changes occurring in individual countries, as a necessary—but preliminary—step toward broader comparisons of the historical, social, and institutional forces in consumer bankruptcy. In order for deeper work to take place, though, the field needs consensus on what factors are most useful to analyze. Moreover, the dynamic environment of consumer insolvency requires a framework for analysis that is flexible and adaptable enough to provide insights notwithstanding the rapid changes in ...


Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy, Sarah Paterson 2018 London School of Economics & Political Science

Market Organisations And Institutions In America And England: Valuation In Corporate Bankruptcy, Sarah Paterson

Chicago-Kent Law Review

Courts in England and the United States have traditionally adopted different approaches to the question of valuation in debt restructuring cases. In England, courts have tended to determine whether to approve the allocation of equity in a debt restructuring by reference to the amounts creditors would have received if no debt restructuring had been agreed. The company has typically argued that if no debt restructuring had been agreed either the business or the assets would have been sold. Typically, some evidence of exposure of the business and assets to the market will be submitted to identify the value which would ...


The Ammanati Affair: Seven Centuries Old, And Not Feeling The Age, Eugenio Vaccari 2018 City University of London

The Ammanati Affair: Seven Centuries Old, And Not Feeling The Age, Eugenio Vaccari

Chicago-Kent Law Review

The enactments of the UNCITRAL Model Law on Cross-Border Insolvency and the European Regulations on insolvency proceedings have promoted an incremental approach towards substantive harmonization. This strategy has not remained unquestioned. One of the major criticisms is that such a course of actions overlooks the nature of the issues currently raised in multi-national and cross-disciplinary bankruptcy procedures.

This Article focuses on the Anglo/American bankruptcy tradition. It adopts a doctrinal methodology to question the conclusion that “collectivity” is and should be a procedural, objective, and secondary notion in light of two case studies. It suggests that in the context of ...


The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin 2018 Pepperdine University

The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart 2018 Nova Southeastern University

Re-Sentencing Reform: A Comparative Analysis Of The Juvenile Justice System In The United States, United Kingdom, Colombia And Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.


If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch 2018 Labor courts of Brazil

If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.


Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison 2018 International Committee for the Red Cross's Regional Delegation for the U.S. and Canada

Periodic Review Boards For Law-Of-War Detention In Guantanamo: What Next?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.


Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart 2018 Nova Southeastern University

Reforma De La Revisiòn De Sentencia: Un Análisis Comparativo Del Sistema De Justicia Juvenil En Los Estados Unidos, El Reino Unido, Colombia Y Australia, Vianca I. Picart

ILSA Journal of International & Comparative Law

No abstract provided.


Si Hay Leyes De Antidiscriminiciòn ¿Por Qué Las Mujeres No Demandan Justicia? Una Mirada Al Litigo De Discriminaciòn De Género Casi Ausente En Brasil, Cesar Zucatti Pritsch 2018 Labor courts of Brazil

Si Hay Leyes De Antidiscriminiciòn ¿Por Qué Las Mujeres No Demandan Justicia? Una Mirada Al Litigo De Discriminaciòn De Género Casi Ausente En Brasil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.


Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison 2018 International Committee for the Red Cross's Regional Delegation for the United States and Canada

Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.


Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang 2018 Faculty of Law, National University of Singapore

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the ...


“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog 2018 University of Haifa

“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog

DePaul Journal for Social Justice

No abstract provided.


The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole McCartney, Emmanuel N. Amoako 2018 Northumbria Law School

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers ...


Safety From Flawed Forensic Sciences Evidence, Boaz Sangero 2018 Academic Center of Law & Business, Israel

Safety From Flawed Forensic Sciences Evidence, Boaz Sangero

Georgia State University Law Review

This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system ...


A Room With A Brew: A Comparative Look At Homebrewing Laws In Japan & The United States, Christopher J. Fraga 2018 University of Miami Law School

A Room With A Brew: A Comparative Look At Homebrewing Laws In Japan & The United States, Christopher J. Fraga

University of Miami Law Review

Following the enactment of Prohibition, it took the United States almost four decades to legalize homebrewing. Subsequently, the nation experienced a booming interest in beer. And not just beer, but good beer. Drinkers found themselves invested in both quality and variety. This interest has matured into the craft beer industry. Even in holdover states, where state laws prohibited homebrewing far past 1979, the craft beer industry has experienced near exponential growth following the legalization of homebrewing. This has resulted in significant economic implications. Given these considerations, nations with restrictive homebrewing laws, like Japan, should consider easing them. When specifically applied ...


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower 2018 Saint Louis University

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Henry M. Ordower

No abstract provided.


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