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Full-Text Articles in Law
Conflicting Preferences In Business Bankruptcy: The Need For Different Rules In Different Chapters, Brook E. Gotberg
Conflicting Preferences In Business Bankruptcy: The Need For Different Rules In Different Chapters, Brook E. Gotberg
Faculty Publications
The law of preferential transfers permits the trustee of a bankruptcy estate to avoid transfers made by the debtor to a creditor on account of a prior debt in the 90 days leading up to the bankruptcy proceeding. The standard for avoiding these preferential transfers is one of strict liability, on the rationale that preference actions exist to ensure that all general creditors of the bankruptcy estate recover the same proportional amount, regardless of the debtor's intent to favor any one creditor or the creditor's intent to be so favored. But preference law also permits certain exceptions to strict preference …
Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey
Takings Care Of Business: Using Eminent Domain For Solely Economic Development Purposes, Garreth Cooksey
Missouri Law Review
The controversial ruling in the case of Kelo v. City of New London, Connecticut was an impetus for a nationwide discourse on eminent domain reform. Most of the public strongly condemned Kelo, which allowed the city of New London, Connecticut, to strip Susette Kelo of her home for the development of a Pfizer plant. Political fallout from Kelo ushered in a surge of state legislation that restrained the taking of private property by eminent domain. Some states completely banned condemnation for economic development and for blight. Missouri, like several other states, took a less strict route and banned eminent domain …