Digital Commons Network^™

Options In Consumer Bankruptcy: An American Perspective, Jean Braucher

Osgoode Hall Law Journal

In both the United States and Canada, a rapid increase in personal bankruptcies has led to demands for stricter laws to force more repayment by consumer debtors. Canada has already taken this step, while the United States may soon do so in response to the counterfactual claim that the problem is debtors with means using bankruptcy as "a method of financial planning." The author suggests that the real problem in both countries, however, is an increase in the ranks of the over-indebted. Bankruptcy is a symptom, signalling to creditors the need to reform themselves. The author concludes that if creditors …

Secured Creditors And Consumer Bankruptcy In The United States, William C. Whitford

Osgoode Hall Law Journal

This article first summarizes the many restrictions that the American consumer bankruptcy system imposes on the enforcement of the contractual rights of secured creditors. The restrictions include the ability, in Chapter 13 proceedings particularly, of the debtor to "strip the lien" of the undersecured creditor, releasing the collateral from the lien upon payment, over time, of only the value of the collateral when it is less than the full amount owing. The article then summarizes many changes in the rights of secured creditors currently being proposed and debated in Congress. The author concludes with his own proposals that would enhance …

The Overseas Dimension: What Can Canada And The United States Learn From The United Kingdom, Michael Adler

Osgoode Hall Law Journal

The United States and, to a slightly lesser extent, Canada have come to regard personal bankruptcy as a routine method of discharging debts, enabling the debtor to make a fresh start. By contrast, in the United Kingdom, bankruptcy is still seen as a remedy of last resort, and creditors may retain the right to enforce debts. The difference in approach is due to the fact that the United States and Canada have traditionally given priority to risk taking over security, while the United Kingdom has continued to give priority to security over risk taking. However, the British government's enthusiasm for …

The Changing Politics Of American Bankruptcy Reform, Elizabeth Warren

Osgoode Hall Law Journal

The political atmosphere in which changes to the American bankruptcy laws occur has shifted since the adoption of the 1978 amendments to the United States Bankruptcy Code. Bankruptcy professionals, who once effectively controlled much of the legislative debate, have lost ground to creditors, who have become much more powerful in influencing bankruptcy legislation. The result has been the politicization of the debate and the setting of the stage for a series of amendments that have rhetorical appeal, but that do not reflect the underlying factual reality of the bankruptcy system.

The Philosophy And Design Of Contemporary Consumer Bankruptcy Systems: A Canada-United States Comparison, Jacob S. Ziegel

Osgoode Hall Law Journal

The rapid increase in the number of consumer bankruptcies in Canada and the United States over the past fifteen years has again focused attention on the philosophy and design of modern insolvency systems, and on the similarities and differences in the approaches adopted in Canada and the United States. In this article, the author points out that the single most important difference is that the United States has historically subscribed to the debtor's right to a "fresh start" after surrendering the debtor's non-exempt property, whereas Canadian law never has, and does not now, confer an absolute right of discharge. Although …

Corporate Nonrecognition Provisions: A Comparison Of The U.S. And Canadian Tax Regimes, Catherine Brown, Christine Manolakas

Dalhousie Law Journal

This article compares the rules governing the federal income taxation of corporate reorganizations in Canada with those in the United States, including transfers of property to a corporation, corporate divisions, share-for-share exchanges, amalgamations or mergers, recapitalizations, and corporate dissolutions. The paper outlines the provisions governing a particulartype of corporate transaction, compares the Canadian tax results with those of the United States, comments on any differences between particular tax provisions, and examines the practical implications of these differences. The authors conclude that although there are a number of parallels between the U.S. and Canadian tax systems, fundamental differences exist that change …

The Rape Victim's Response An Examination Of The Impact Of Situational Factors On Self-Protective Strategies Utilized By Sexual Assault Victims, Sharon K. Flax

Sociology & Criminal Justice Theses & Dissertations

This study explores the impact of several factors on a victims' responses during sexual assault and/or rape. Specifically, the relationship between self-protective measures taken and the victims age, race, social economic status and the victim-offender relationship were examined. The study utilized the 1995 rape subset of the 1992-1995 redesigned National Crime Victimization Survey. The sample consisted of 350 female rape and/or sexual assault victims. Findings suggest that the victim-offender relationship significantly effects victims' self-protective strategies. Victims of intimate-perpetrated assaults utilize more passive-verbal self-protective tactics. Implications for law enforcement efforts and future research are discussed.

Daughters Of Charity: Catholic Women And Their Communities In Antebellum America, Linda Merritt Mccubbins

Institute for the Humanities Theses

This study calls into question common assumptions about the limited public role of Catholic women during the antebellum period of American history. To understand the roles Protestant women played during this era, it is important to understand Catholic women's roles. Through primary and secondary source documents, the similarities and differences relating to church structure and theology will be documented. The study will also examine reasons why Protestant women converted to Catholicism during a profoundly anti-Catholic era.

In the late eighteenth and early nineteenth centuries, women, both Catholic and Protestant, played an increasingly public role through organized benevolence and other activities. …

Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor

International Bulletin of Political Psychology

This articles discusses a recent Supreme Court case revolving around whether foreigners who have committed serious nonpolitical crimes outside the US are ineligible for refugee status regardless of the severity of persecution that would await them at their countries of origin.

Special 301 In China And Mexico: A Policy Which Fails To Consider How Politics, Economics, And Culture Affect Legal Change Under Civil Law Systems Of Developing Countries, Keshia B. Haskins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

No. 117 Journal Of East Asian Libraries, Journal Of East Asian Libraries

Journal of East Asian Libraries

No abstract provided.

Federal Reserve Bulletin February 1999, Federal Reserve System: Board Of Governors

Documents

No abstract provided.

Resource Law Notes Newsletter, No. 45, Winter Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Can Everyone Make The Grade? Some Thoughts On Student Grading And Contemporary Classrooms, Jo M. Hendrickson, Robert A. Gable, M. Lee Manning

Communication Disorders & Special Education Faculty Publications

High school officials should consider alternative perspectives on grading in light of increasing student heterogeneity. Their challenge is to consider grading policies and practices that apply equally to students with and without diverse needs or disabilities. Schools should think about incorporating various combinations of percent, criterion-referenced, and norm-referenced grading into a more flexible policy on grading; ensure that student expectations are unambiguously described in writing and in sufficient detail; and subject their policies on grading to periodic review and be prepared to make any necessary modifications. Moreover, schools should collaborate with various stakeholders to develop policies on grading that guarantee …

When Federal Law Is Also State Law: The Implications For State Constitutional Law Methodology Of Footnote 7 In Commonwealth V. Matos, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin

Northwestern Journal of International Law & Business

This Article is organized as follows. Part I presents a rational actor model of legal compliance under an enforcement regime based on random inspections and identifies two classes of reforms that can be applied in combination to improve aggregate compliance. Part II introduces the problem of corrupt tip-offs into the model and argues that exogenous reforms are necessary to combat corruption. Part III surveys the use of random administrative inspections in the United States, reviews the approaches taken by four such programs to improve compliance and fight corruption, and describes the various constraints under which they must operate. Part IV …

American Military Options In A Taiwan Strait Conflict, 1999, Clinton H. Whitehurst Jr.

Publications

No abstract provided.

Ordinary Women: Government And Custom In The Lives Of New Hampshire Women, 1690-1770, Marcia Schmidt Blaine

Doctoral Dissertations

The prominence of patriarchy and common law has caused many historians to concentrate on the limitations placed on eighteenth-century Anglo-American women. The results often present women as objects, rather than subjects, of study. Using four major primary sources: Governor, Council and Assembly records, petitions, licensing materials, and treasury records, this study examines the relationship between ordinary women and the provincial government of New Hampshire in order to explain the customary options available to women in proceedings with the government. Even with a spouse still living, Anglo-American women acted as family agents and representatives when captured by the Native Americans and …

Times Are Changing – Flood Mitigation Technology: Proceedings Of The 22nd Annual Conference, May 18-22, 1998, Association Of State Floodplain Managers

FMHI Publications

No abstract provided.

The Significant Cases Of The Honorable Theodore Mcmillian During His Tenure On The United States Court Of Appeals For The Eighth Circuit 1978 - 1999, Honorable Donald P. Lay

Saint Louis University Law Journal

No abstract provided.

Politics Of Language: The California Bilingual Education Initiative, Amara Holstein

Ethnic Studies Review

This essay examines issues of power and multiculturalism in relation to the education of children through debate over monolingual versus bilingual education and how language is a source of power.

National Collecting Trends: Collection Analysis Methods And Findings, Anna H. Perrault

School of Information Faculty Publications

The primary focus of collection evaluation and assessment has been the subjective judgment of the strengths and weaknesses of library collections. The process has generally been a local application, often utilizing peer group comparative data. Quantitative collection analysis to support the subjective processes of collection evaluation and assessment is now almost universally conducted through extraction of data from local systems or network databases. National collecting patterns can be studied through the use of data extracted from the bibliographic utilities. This article examines the use of data from the OCLC/AMIGOS Collection Analysis CD and standard statistical series as a methodology for …

"The Law Will Make You Smart": Legal Consciousness, Rights Rhetoric, And African American Identity Formation In Massachusetts, 1641-1855, Scott Hancock

Doctoral Dissertations

In 1834, one of the informal leaders of Boston's black community rebuked a black defendant in court, declaring "the law will make you smart." This dissertation uncovers how African Americans in Massachusetts did indeed become 'smart' through an ongoing engagement with the law for over two hundred years. While the law could be oppressive, the accessibility of the legal system in Massachusetts enabled black women and men, slave and free, to learn to use the law in efforts to exercise some control over their daily lives. In the deteriorating racial atmosphere during the first half of the nineteenth century, the …

The Changing Landscape Of America's Societal Sector, Denise Harb

Honors Theses

This paper will outline the changes in the nonprofit sector since 1945 and will attempt to show that these changes are the result of various shifts in the contextual environment in which the sector has developed. This review of the history of the nonprofit sector will trace the influence of such factors as World War two and the controversy which surrounded foundations mainly until the 1960s. Other contextual factors include more academic transformations such as the influence of Keynesian economic theory and the 1960's research on the roles of mediating structures in American democracy.

A Comparative Case Study On Why Women Run For Public Office : Hillary Rodham Clinton & Elizabeth Hanford Dole, Ashley Elizabeth Lorenz

Honors Theses

As our political history evolves, slowly but surely more and more women are running for public office. What are the things that propel women to run for local, state, or federal leadership positions? Are there certain factors that are contingent upon their embarkment into the political arena? The answers to these questions all contribute to the "creation," if you will, of a political woman. In order to better understand these factors and their effects, I will examine case studies of two women, Hillary Clinton and Elizabeth Dole, through the lenses of four such factors including the timing as it relates …

The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis

Scholarship@WashULaw

In this article, Professor Adrienne D. Davis traces the interaction of race, sex, and estate law in the antebellum and postbellum South. Through a close analysis of intestate succession and testamentary transfers involving the formerly enslaved, she unearths the role of private law in reconciling and preserving both property rights and racial hierarchy. The article centers on a series of historical case studies involving the rights of formerly enslaved women and their children to postmortem transfers of wealth. While the law of private property generally served to reinforce racial hierarchy, these cases involved the use of property rights -- specifically, …

Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner

Faculty Scholarship

This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …

The Boeing-Mcdonnell Douglas Merger: Competition Law, Parochialism, And The Need For A Globalized Antitrust System, Kathleen Luz

Faculty Scholarship

On July 1, 1997, the Federal Trade Commission (FTC) closed its investigation of the merger of the Boeing Company (Boeing) and the McDonnell Douglas Corporation (McDonnell Douglas), essentially approving the merger. The proposed $14 billion merger was quite significant, as it would unite the first and third largest civil aircraft companies in the world. Although the proposed merger had passed muster under U.S. antitrust laws, Boeing still faced the obstacle of gaining approval from the European Commission (EC), the antitrust enforcement agency of the European Union (EU). The EC initially sought to reject the merger and to levy heavy penalties …

Panjabi Women's Attitudes Towards Seeking Professional Psychological Help, C Meera Chohan

Theses and Dissertations

No abstract provided.

Pesticide Issues And Public Policy Interaction, Elroy E. Haadem

Theses and Dissertations

No abstract provided.