Law Commons^™

Lender Control Liability Functional Examination: The Firm And Heuristics, Sergio A. Muro

Cornell Law School J.S.D. Student Research Papers

Lender control is criticized due to problems arising out of conflict of interests among different priority claimholders. Recently, it has been defended as a way to make the reorganization process more efficient. This paper builds on previous research on the theory of the firm to show that lender control generates inefficiencies even in situations where there is only one layer of legal claimants. Specifically, the paper demonstrates that departing from the nexus of explicit contracts paradigm, used by both previous critics and supporters of lender control, allows to understand other sources of lender control inefficiencies based on its inability to …

Myanmarese Refugees In Thailand: The Need For Effective Protection, Buhm Suk Baek, Gauri Subramanium

Cornell Law School J.S.D. Student Research Papers

This paper deals with the Thai government's policy on refugees with a special focus on refugees from Myanmar. It is designed to give suggestions to international human rights NGOs working in the Thai-Myanmar border areas for the protection of the human rights of Myanmarese refugees. Most international human rights NGOs in this region are lobbying for the Thai government to ratify the Refugee Convention or at the very least, take active steps towards the protection of refugees under customary international law.

This paper is, however, concerned by these NGOs’ reliance on the ratification of the Convention as a solution to …