Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Dec 2004

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …


The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell Apr 2004

The A.H. Robins Bankruptcy, Jeb Gerth, Ed Meade, Ryan Russell

Chapter 11 Bankruptcy Case Studies

No abstract provided.


Hijacking Chapter 11, George Kuney Jan 2004

Hijacking Chapter 11, George Kuney

College of Law Faculty Scholarship

No abstract provided.


Hijacking Chapter 11, George Kuney Jan 2004

Hijacking Chapter 11, George Kuney

Scholarly Works

No abstract provided.


The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr. Jan 2004

The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.

All Faculty Scholarship

Chapter 11's distinctive post-petition financing rules trace their ancestry back to the origins of large scale corporate reorganization in America in the nineteenth century. In this sense, post-petition financing has always been with us. But in the past decade, the role of the financers has changed. After a century in the shadows, post-petition lenders have stepped onto center stage. The DIP loan agreement has become the single most important governance lever in many large Chapter 11 cases. Why have these formerly bashful financers suddenly started hogging the spotlight? I argue in this article that the generous terms offered to DIP …