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Substantive Consolidation Of Debtor And Non-Debtor Entities, Eileen Ornousky

Bankruptcy Research Library

(Excerpt)

Based on section 105’s grant of equitable powers, bankruptcy courts have the power to substantively consolidate debtors. Substantive consolidation pools the assets of separate legal entities and treats them as one, allowing each entity’s liability to be satisfied out of the common pool. Although it has been accepted that courts have the power to consolidate a debtor with other related debtors, it its less clear when courts can consolidate a debtor with a non-debtor, or if courts have the authority to do so at all.

Even though most courts have determined that they do have the power to substantively …

Do Foreign Representatives Need To Satisfy The Recognition Requirement?, Parm Partik Singh

Bankruptcy Research Library

(Excerpt)

A foreign representative must obtain recognition of a foreign proceeding pursuant to section 1517 of title 11 of the United States Code (the “Bankruptcy Code”) prior to applying directly to a court in the United States for any relief such as operating the debtor’s business operations in the U.S. or seeking assets and discovery from U.S. entities. However, under section 1509(f), a foreign representative may sue in a United States court to collect or recover a claim which is the property of the debtor without first obtaining recognition. The scope of this exception, though, remains unclear.

This memorandum explores …

Courts Override Underlying Contractual Obligations In The Chapter 11 Surrender And Abandon Of Aircraft Equipment And Vessels, Lisa Strejlau

Bankruptcy Research Library

(Exceprt)

When chapter 11 airline debtors seek to abandon and surrender collateral under a financing agreement, they are not required to do so in any particular condition under the Bankruptcy Code. This leaves the question of who bears the burden of associated costs unresolved. This memo will discuss how courts interpret the issue of costs associated with the surrender and return of aircraft and related equipment.

Financers of aircraft and related equipment receive special privileges under section 1110 of the Bankruptcy Code (“the Code”). Section 1110 permits a party to take possession of an aircraft in the custody of a …

Millennials, Mississippians, And The 2016 Presidential Election: Implications Of Generational Differences On Voter Behavior, Bess Nichols

Honors Theses

This is a study of the voting patterns of millennial voters (predominately students at the University of Mississippi) and traditional Deep South voters, which for the purpose of this study is men and women above the age of 35. The paper seeks to answer the question: Are millennials ideologically different than their older counterparts in the state of Mississippi? I surveyed a sample of 4,000 students at the University of Mississippi (with approximately 500 responses) and a sample of traditional voters gathered from social media and employees at the University of South Alabama. Respondents were asked questions about their political …

Creditor’S Failure To File A Proof Of Claim Is Inexcusable Where Potential Danger Of Prejudice To Debtor Exists, Meghan Lombardo

Bankruptcy Research Library

(Excerpt)

The Federal Rules of Bankruptcy Procedure provide that when an act is required … to be done at or within a specified period … the court for cause shown may at any time in its discretion… on motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. Rule 9006 grants a pardon for late filings that were caused by neglect. The Supreme Court has defined neglect as “‘giv[ing] little attention or respect’ to a matter or… ‘to leave undone or unattended to especially …

Altruism, Autonomy, And Human Dignity For The Sustainability Of Post-Mortal Organ Donation, Aiyub Mohammad Fahad Alwehaibi

Electronic Theses and Dissertations

In most countries, the shortage for transplant organ sources has become common due to the significant increase in number of awaiting organ recipients, which, in turn, urges countries develop systemic programs in order to increase the number of organ donors and resolve their problems. Generally, either living or deceased organs are accepted in transplant practice, yet, each source holds its own benefits and adverse effects. Living organ donation encounters controversial and problematic issues at individual, social, and humanity levels. Cadaveric organ donation faces the obstacles of the criteria of death, which vary from cultural to medical perspectives, and the effective …

A Systems Approach To Moral Distress In Long Term Care, Margaret Lemley

Electronic Theses and Dissertations

Abstract: The question that this dissertation seeks to answer is whether or not a Systems Approach to Moral Distress can serve to positively address issues of moral distress within the Long-Term Care setting. Because moral distress has largely been understood as a phenomenon of the individual, efforts to address and reduce incidents of moral distress have focused almost entirely on the individual and his or her reaction to specific triggers. Building upon the existing literature this dissertation argues that previous efforts to understand moral distress within the healthcare setting have been limiting in two very important aspects. The first …

Diversifying The Academy: Librarians Coaching Mellon Mays Undergraduate Fellows Through The Scholarly Research Cycle, Alexandra Chappell, Jessica D. Greene, Jennifer Thompson

Library Staff Publications and Research

Increasing diversity within the scholarly community is a priority for academic libraries. Often the focus is on diversifying our staff, programs, collections, and services. But the library can also have an important role to play in campus diversity initiatives that focus on equity and inclusion among the student body and professorate.

This poster will detail a library coaching program developed as part of a local instance of the Mellon Mays Undergraduate Fellowship program, a nationwide initiative to increase faculty diversity by supporting students of color to pursue PhDs and careers as professors. The coaching program pairs librarians with undergraduates in …

The Claremont Colleges Library: Facts & Figures, Fy2017, Joshua Keyes

Library Staff Publications and Research

No abstract provided.

Effect Of Backgrounding Management Strategies On The Performance And Profitability Of Yearling Beef Cattle, Cody Alan Welchons

Department of Animal Science: Dissertations, Theses, and Student Research

Performance and profitability of steers grazing smooth bromegrass during the summer was evaluated. Steers grazed bromegrass with no supplement (CON), grazed bromegrass fertilized with 90 kg N/ha (FERT), or grazed bromegrass and were supplemented with distillers grains plus solubles (DGS) at 0.6% of BW (SUPP). Supplemented steers had increased ADG compared to CON and FERT steers. Profitability was greatest for the SUPP steers due to increased ending BW at the end of the grazing season. Steers grazing fertilized pastures were more profitable than CON steers due to increased stocking rate as a result of improved forage growth.

A 2-yr study …

Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel

American University Business Law Review

No abstract provided.

The Anti-Spoofing Statute: Vague As Applied To The "Hypothetically Legitimate Treader", Catriona Coppler

American University Business Law Review

No abstract provided.

Standards Resources For Engineering And Technology, Margaret Phillips, Sarah Huber

Libraries Faculty and Staff Scholarship and Research

This webliography is a selective compilation of the following: major standards bodies that create or approve standards frequently used by engineers and technologists, standards database aggregators, web sites that provide free or low cost, full-text access to standards, and standards education resources. Only major standards bodies that operate in the U.S. or on an international level are incorporated, excluding non-U.S. national and regional bodies that create or coordinate standards activities in other countries. The standards education resources listed are appropriate for university-level students. All of the resources included are English language web sites. Additionally, all of the resources included are …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Not To Be Blunt, But Consumers Demand Weed With Their Pizza: Model Legislation For Marijuana Courier And Home Delivery Services, London Ryyanen England

SMU Science and Technology Law Review

No abstract provided.

Optimal Use Of Eeg Recordings To Target Active Brain Areas With Transcranial Electrical Stimulation, Jacek P. Dmochowski

Publications and Research

To demonstrate causal relationships between brain and behavior, investigators would like to guide brain stimulationusing measurements of neural activity. Particularly promising in this context are electroencephalography (EEG) and transcranial electrical stimulation (TES), as they are linked by a reciprocity principle which, despite being known for decades, has not led to a formalism for relating EEG recordings to optimal stimulation parameters. Here we derive a closed-form expression for the TES configuration that optimally stimulates (i.e., targets) the sources of recorded EEG, without making assumptions about source location or distribution. We also derive a duality between TES targeting and EEG source …

Training Pharmacists In The Stage-Of-Change Model Of Smoking Cessation And Motivational Interviewing: A Randomized Controlled Trial, Pasquale Caponnetto, Jennifer Dipiazza, Maria Rosaria Aiello, Riccardo Polosa

Publications and Research

This study evaluated the effect of training pharmacists in the stage-of-change model for smoking cessation and motivational interviewing on smoking cessation outcomes. A training based on the stage-of-change model for smoking cessation and motivational interviewing was introduced to pharmacists. Pharmacists were randomly assigned to the intervention or control group. The control group attended a 3-hour training session, whereas the intervention group also attended a further 6-hour training session. At week 24, 12.2 percent of the smokers quit smoking in the intervention group, whereas 1.6 percent of the smokers quit smoking in the control group. The findings of this study showed …

Borneol, A Novel Agent That Improves Central Nervous System Drug Delivery By Enhancing Blood–Brain Barrier Permeability, Qun-Lin Zhang, Bingmei M. Fu, Zhang-Jin Zhang

Publications and Research

The clinical application of central nervous system (CNS) drugs is limited by their poor bioavailability due to the blood–brain barrier (BBB). Borneol is a naturally occurring compound in a class of ‘orificeopening’ agents often used for resuscitative purposes in traditional Chinese medicine. A growing body of evidence confirms that the ‘orifice-opening’ effect of borneol is principally derived from opening the BBB. Borneol is therefore believed to be an effective adjuvant that can improve drug delivery to the brain. The purpose of this paper is to provide a comprehensive review of information accumulated over the past two decades on borneol’s chemical …

The Importance Of A Participatory Charitable Giving Incentive, Roger Colinvaux

Scholarly Articles

Leading tax reform proposals contemplate a charitable deduction claimed by just five percent of taxpayers. Such a limited deduction would fatally undermine the foundations of a giving incentive that has fostered an altruistic and pluralistic society through its broad-based participation and would seriously harm the charitable sector. Section 501(c)(3) would recede in importance as setting the standard for a public benefit organization. More gifts would go to private benefit and political organizations. The article argues that a charitable deduction for the few should be rejected. Instead, Congress should consider expanding the charitable giving incentive by extending it to more taxpayers …

Dear John, You Are A Human Trafficker, Mary Graw Leary

Scholarly Articles

Human trafficking finally presents a crime that appropriately shifts the culpability from the abused to the abuser. As the heinous world of human trafficking is studied and more is understood about its inner workings, we can no longer conflate victimization with over-criminalization. The purpose of this paper is to shine light on the force and fraud that perpetuates the enslavement of victims who are sexually trafficked. Beginning with the Mann Act passed by Congress and up until more recently, the Trafficking Victims Protection Act, this paper traces the historical and societal shifts that are necessary to situate Sex Purchasers in …

Affirmatively Replacing Rape Culture With Consent Culture, Mary Graw Leary

Scholarly Articles

The debate concerning affirmative consent consists of two camps: those who assert people must affirmatively establish a desire to engage in sexual contact and those who believe this is an unattainable standard. However, this is not where the debate should start and end. This paper argues that the movement towards affirmative consent in sexual contact will reduce the occurrence of sexual assault. Criminal law sets the backdrop for this paper, but the author recognizes the limits of criminal law. In order to combat sexual assault, there must be a multidisciplinary response. By providing a comprehensive definition of affirmative consent and …

Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles

Scholarly Articles

A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.

This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …

Teaching College: The Ultimate Guide To Lecturing, Presenting, And Engaging Students, Norman Eng

Publications and Research

Your students aren’t reading. They aren’t engaged in class. Getting them to talk is like pulling teeth. Whatever the situation, your reality is not meeting your expectations. Change is needed. But who’s got the time? Or maybe you’re just starting out, and you want to get it right the first time.

If so, Teaching College: The Ultimate Guide to Lecturing, Presenting, and Engaging Students is the blueprint. Written for early career instructors, this easy-to-implement guide teaches you to:

• Think like advertisers to understand your target audience—your students
• Adopt the active learning approach of the best K-12 teachers
• Write a syllabus …

The Impact Of New York State's 2016 Mold Licensing Requirement On Indoor Air Quality Assessments, Angelo Lampousis, Mark Drozdov

Publications and Research

As of January 2016, New York joined a select number of states in regulating mold. The New York State Department of Labor has approved mold-related training courses in three levels, ranging from two to four days. These include the mold abatement worker, mold remediation contractor, and mold assessor courses. In this presentation we share the experience obtained to date from delivering the above referenced courses and challenges as an approved training provider. We also evaluate the relative effectiveness of the mode of delivery as it relates to different audiences.

Modernism, History, And Censorship: The United States Vs. Two Books: Pay Day And Ulysses, 1930-1933, Václav Paris

Publications and Research

No abstract provided.

T. E. Lawrence's Seven Pillars Of Wisdom And The Erotics Of Literary History: Straddling Epic., Václav Paris

Publications and Research

No abstract provided.

A Less Corrupt Term," Supreme Court Round-Up For Ot 2016, Kevin C. Walsh, Marc O. Degirolami

Scholarly Articles

In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.

Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left by …

Originalist Law Reform, Judicial Departmentalism, And Justice Scalia, Kevin C. Walsh

Scholarly Articles

Drawing on examples from Justice Antonin Scalia's jurisprudence, this Essay uses the perspective of judicial departmentalism to examine the nature and limits of two partially successful originalist law reforms in recent years. It then shifts to an examination of how a faulty conception of judicial supremacy drove a few nonoriginalist changes in the law that Scalia properly dissented from. Despite the mistaken judicial supremacy motivating these decisions, a closer look reveals them to be backhanded tributes to judicial departmentalism because of the way that the Court had to change jurisdictional and remedial doctrines to accomplish its substantive-law alterations. The Essay …

Religious Accommodation, Religious Tradition, And Political Polarization, Marc O. Degirolami

Scholarly Articles

A religious accommodation is an exemption from compliance with the law for some but not for others. One might therefore suppose that before granting an accommodation, courts would inquire about whether a legal interference with religious belief or practice is truly significant, if only to evaluate whether the risk of political polarization that attends accommodation is worth hazarding. But that is not the case: any assessment of the significance of a religious belief or practice within a claimant's belief system is strictly forbidden.

Two arguments are pressed in support of this view: (1) courts have institutional reasons for acquiescing on …

Metaphysical Right And Practical Obligation, Adam J. Macleod

Scholarly Articles

My task is to say what remains of property rights. My answer is: quite a lot. We have reason to be optimistic about the constitutional status of private property. To explain why, I will relate a short story about property jurisprudence in Anglo-American law. It is a story not merely about property, but also about ordered liberty. Thus, this story is not just for property scholars; it holds valuable lessons for scholars and jurists who are interested in other aspects of American constitutionalism as well. Accounts of property rights often begin with the familiar treatise of John Locke. My account …