Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legitimacy (2)
- Arbitration (1)
- Argentina (1)
- Argentine financial collapse (1)
- Bankruptcy Clause (1)
-
- Bankruptcy exceptionalism (1)
- Bankruptcy reform (1)
- Bilateral Investment Treaties (BITs) (1)
- Constitutional theory of bankruptcy (1)
- Due process (1)
- Financial distress (1)
- International Center for the Settlement of Investment Disputes (ICSID) (1)
- Investor protection (1)
- Ownership structure (1)
- Religious liberty (1)
- Shareholder elections (1)
- Sovereign debt (1)
- Sovereign immunity (1)
- Technology of corporate voting (1)
- Voting systems (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Argentine Financial Crisis: State Liability Under Bits And The Legitimacy Of The Icsid System, William W. Burke-White
The Argentine Financial Crisis: State Liability Under Bits And The Legitimacy Of The Icsid System, William W. Burke-White
All Faculty Scholarship
This essay examines the jurisprudence of the International Center for the Settlement of Investment Disputes (ICSID) arbitral tribunals in a series of cases brought against the Republic of Argentina in the wake of the 2001-2002 Argentine financial collapse. The essay considers the ICSID tribunals' treatment of non-precluded measures provisions in Argentina's bilateral investment treaties (BITs) and the customary law defense of necessity and argues that the ICSID tribunals have sought to radically narrow the opportunities available to states to craft policy responses to emergency situations while strengthening investor protections beyond the intent of the states parties to the BITs under …
The Hanging Chads Of Corporate Voting, Marcel Kahan, Edward B. Rock
The Hanging Chads Of Corporate Voting, Marcel Kahan, Edward B. Rock
All Faculty Scholarship
Never has voting been more important in corporate law. With greater activism among shareholders and the shift from plurality to majority voting for directors, the number of close votes is rising. But is the basic technology of corporate voting adequate to the task? In this Article, we first examine the incredibly complicated system of US corporate voting, a complexity that is driven by the underlying custodial ownership structure, by dispersed ownership and large trading volumes, and by the rise in short-selling and derivatives. We identify three ways in which things predictably go wrong: pathologies of complexity; pathologies of ownership; and …
Debt And Democracy: Towards A Constitutional Theory Of Bankruptcy, Jonathan C. Lipson
Debt And Democracy: Towards A Constitutional Theory Of Bankruptcy, Jonathan C. Lipson
All Faculty Scholarship
This article examines the relationship between bankruptcy and constitutional law. Article I, § 8, cl. 4 of the Constitution provides that Congress shall have the power to make “uniform laws on the subject of bankruptcies.” While there are many good social, political and economic theories of bankruptcy, there has been surprisingly little effort to explore what it means to have constitutionalized financial distress. This article is a first step in that direction. Constitutional problems with bankruptcy are not new, but present three under-appreciated puzzles: First, why have we put a bankruptcy power in the Constitution, and what does its “peculiar” …