Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Bankruptcy (1)
- Chapter 15 (1)
- Choice of law (1)
- Creditors (1)
- Debtors (1)
-
- Extraterritoriality (1)
- Federal courts (1)
- Federal question jurisdiction (1)
- Forum shopping (1)
- In re Axona Int'l Credit & Commerce Ltd. (1)
- In re Maruko Inc. (1)
- Incorporation (1)
- Insolvency (1)
- Predictability (1)
- Sovereignty (1)
- States (1)
- Territoriality (1)
- Uniformity (1)
- United States Supreme Court (1)
- Universalism (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The Puzzle Of Complete Preemption, Gil Seinfeld
The Puzzle Of Complete Preemption, Gil Seinfeld
Articles
Part I introduces the central themes in the law of federal question jurisdiction. It describes the prevailing interpretations of the constitutional and statutory texts governing the federal courts' jurisdiction to adjudicate disputes involving questions of federal law, and it explores the reasons for the establishment of such jurisdiction. This Part also introduces the well-pleaded complaint rule and examines the reasons for its adoption by the Supreme Court. Part II provides a detailed account of complete preemption doctrine, under which parties are permitted to usher state-law claims into the federal courts despite the apparent absence of any federal question on the …
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow
Articles
A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …