Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Bankruptcy Law (6)
- Comparative and Foreign Law (5)
- International Law (4)
- Securities Law (2)
- American Politics (1)
-
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Entertainment, Arts, and Sports Law (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- Law and Gender (1)
- Military, War, and Peace (1)
- Political Science (1)
- Religion Law (1)
- Social and Behavioral Sciences (1)
- Tax Law (1)
- Institution
- Publication
-
- Osgoode Hall Law Journal (5)
- Indiana Journal of Global Legal Studies (2)
- Oklahoma Law Review (2)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- International Bulletin of Political Psychology (1)
- Northwestern Journal of International Law & Business (1)
- Notre Dame Law Review (1)
- Saint Louis University Law Journal (1)
- Touro Law Review (1)
- University of Miami International and Comparative Law Review (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Grenztiberschreitendes (Internationales) Insolvenzrecht Dervereinigten Staaten Von Amerika Und Der Bundesrepublik Deutschland (Cross-Border Bankruptcy Law Of The United States And Germany), By Edgar J. Habscheid, Hannah Buxbaum
Indiana Journal of Global Legal Studies
No abstract provided.
Worker Dislovation: Who Bears The Burden? A Comparative Study Of Social Values In Five Countries, Clyde Summers
Worker Dislovation: Who Bears The Burden? A Comparative Study Of Social Values In Five Countries, Clyde Summers
Notre Dame Law Review
No abstract provided.
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry
Indiana Journal of Global Legal Studies
No abstract provided.
The Philosophy And Design Of Contemporary Consumer Bankruptcy Systems: A Canada-United States Comparison, Jacob S. Ziegel
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
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 …
Secured Creditors And Consumer Bankruptcy In The United States, William C. Whitford
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 …
Options In Consumer Bankruptcy: An American Perspective, Jean Braucher
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 …
The Changing Politics Of American Bankruptcy Reform, Elizabeth Warren
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 Overseas Dimension: What Can Canada And The United States Learn From The United Kingdom, Michael Adler
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 …
Trends. Immigration And Naturalization Service V. Aguirre, No. 97-1754: Can Crime Be Nonpolitical?, Ibpp Editor
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
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.
Spoiling The Surprise: Constraints Facing Random Regulatory Inspections In Japan And The United States, Andrew Chin
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 …
Economic Sanctions Imposed By The United States Against Cuba: The Thirty-Nine Year Embargo Culminating With The Cuban Liberty And Democratic Solidarity (Libertad) Act Of 1996, Digna B. French
University of Miami International and Comparative Law Review
No abstract provided.
The Fundamentalist Face Of Secularism And Its Impact On Women's Rights In India, Joseph C. Hostetler-Baker & Hostetler Lecture, Ratna Kapur
Cleveland State Law Review
I am going to talk about three things today: The first is to give you a very brief account of the competing understandings of secularism that have emerged in India. I look at the model of secularism that is being promoted by the Hindu Right and the validation this has received from the electorate, but more importantly, the Supreme Court. Secondly, I will address why the wall of separation does not provide a way out of the crisis of secularism in India and how it has not solved the problem of majoritarianism even in the American context. And finally, how …
The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser
The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser
Oklahoma Law Review
No abstract provided.
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Touro Law Review
No abstract provided.
The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser
The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser
Oklahoma Law Review
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
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.