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Full-Text Articles in Law

The Bankruptcy Trust As A Legal Person, Thomas E. Plank Jul 2000

The Bankruptcy Trust As A Legal Person, Thomas E. Plank

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The purpose of this article is to show how the Bankruptcy Code authorizes the creation of the bankruptcy trust as a legal person. The filing of a petition under the Bankruptcy Code creates an "estate" consisting of enumerated property interests. The Code also provides for the appointment of a trustee-a separate bankruptcy trustee or, in chapter 11 or chapter 12 cases, the debtor in possession-with broad powers to act as the representative of the estate. The Code does not, however, expressly define the status of the estate as a legal entity. Although the Code occasionally speaks of the estate as …


Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long Apr 2000

Tortious Interference With Business Relations: "The Other White Meat" Of Employment Law, Alex B. Long

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No abstract provided.


The Salience Of Race, Deborah W. Post Jan 2000

The Salience Of Race, Deborah W. Post

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No abstract provided.


Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

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Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any application …


The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank Jan 2000

The Creditor In Possession Under The Bankruptcy Code: History, Text, And Policy, Thomas E. Plank

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No abstract provided.


Newly Available, Not Newly Discovered, Penny White Jan 2000

Newly Available, Not Newly Discovered, Penny White

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No abstract provided.


Who Gets The Takings Claim? Changes In The Land Use Law, Pre-Enactment Owners, And Post-Enactment Buyers, Gregory M. Stein Jan 2000

Who Gets The Takings Claim? Changes In The Land Use Law, Pre-Enactment Owners, And Post-Enactment Buyers, Gregory M. Stein

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No abstract provided.


Recognizing Race In The American Legal Canon, Fran Ansley Jan 2000

Recognizing Race In The American Legal Canon, Fran Ansley

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No abstract provided.


"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer Jan 2000

"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer

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No abstract provided.