Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Bankruptcy (2)
- 502(b)(6) (1)
- Best evidence (1)
- Breach of lease (1)
- Canada (1)
-
- Fourth amendment (1)
- Immigration (1)
- Legal literature (1)
- Lessor damages (1)
- Minority on minority oppression (1)
- Minority oppression (1)
- Public benefits (1)
- Racial stereotypes (1)
- Real property (1)
- Scientific evidence (1)
- Significant voluntary connection (1)
- Statutory interpretation (1)
- Undocumented immigrants (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Wasted Sacrifice Of Lessors' Lost Profit Claims In Bankruptcy, Marie T. Reilly
The Wasted Sacrifice Of Lessors' Lost Profit Claims In Bankruptcy, Marie T. Reilly
Journal Articles
Bankruptcy Code section 502(b)(6) sets the maximum allowable amount of a real property lessor's claim for damages arising for breach of lease in a tenant's bankruptcy case. To the extent a lessor's damages claim under nonbankruptcy law exceeds the maximum amount, it is disallowed. The implicit premise for such disallowance is that real property lessors' damages claims are less worthy of respect in bankruptcy than other claims for damages against the debtor. Real property leases are legally distinct from leases of personal property or other contractual relationships that allocate property rights. But, it does not obviously follow from the distinction …
Aren't You Latino: Building Bridges Upon Common Misperceptions, Victor C. Romero
Aren't You Latino: Building Bridges Upon Common Misperceptions, Victor C. Romero
Journal Articles
This article addresses minority on minority oppression and itragroup animosity. The author discusses ways in which communities of color can use common misperceptions to their advantage as a bridge to building a larger community.
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
The Domestic Fourth Amendment Rights Of Undocumented Immigrants: On Guitterez And The Tort Law/Immigration Law Parallel, Victor C. Romero
Journal Articles
This Article is composed of three parts. Part I examines the problems raised by the Gutierrez I regime, including the collapse of the protective constitutional floor of immigrants' rights portended by that decision. Part II contends that the current plenary power approach to immigration and immigrants' rights issues would likely support, rather than dismantle, the Gutierrez I approach to undocumented immigrants' Fourth Amendment rights. Part III provides an alternative to the plenary power regime by drawing a parallel between domestic tort law for premises liability and immigrants' rights law. This part concludes by showing that Rowland and its progeny could …
Introduction To The Articles Presented By Three Rising Stars In Bankruptcy Scholarship, Samuel Bufford
Introduction To The Articles Presented By Three Rising Stars In Bankruptcy Scholarship, Samuel Bufford
Journal Articles
Bankruptcy law is one of the fundamental legal structures necessary to the functioning of a market economy. In the common law tradition of the United States and England, bankruptcy law dates back to 1542. Bankruptcy law's origins are even more ancient, with roots extending back to at least the Hammaurabi Code and the Law of Moses. In the transition to market economies and Western-style legal systems in Central and Eastern Europe, the development of a viable bankruptcy law is one of the first priorities. This, the United States bankruptcy law that forms the background for this symposium is central to …
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Statutory Interpretation In The Courtroom, The Classroom, And Canadian Legal Literature, Stephen F. Ross
Journal Articles
In recent years, judges and scholars in Canada and the United States are devoting more attention to the theory and techniques involved in statutory interpretation. Although some advocate "foundational" theories to answer all theories of interpretation, most difficult cases require a pragmatic approach that requires analysis of the statutory text, original legislative intent, and legislative purpose in light of modern circumstances. Moreover, the most difficult cases may not be answerable by any of these approaches. In difficult cases, judges often resort to "normative canons" - rules they created to further a jurisprudence they desire. These canons need to be closely …
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
How Good Is Good Enough?: Expert Evidence Under Daubert And Kuhmo, David H. Kaye, David L. Faigman, Michael J. Saks, Joseph Sanders
Journal Articles
This essay is a response to Professor Edward Imwinkelried's article, "Should the Courts Incorporate a Best Evidence Rule into the Standard Determining the Admissibility of Scientific Testimony?: Enough is Enough When it is not the Best." The authors have two basic points. First, the authors wish to make it clear that they never proposed the "best evidence rule" that he so vigorously attacks, and they think his suggestion that they did so is strained. Second, they wish to reiterate that courts sometimes should do more than they have to ensure that expert testimony is reasonably sound. The important debate underway …
South African Perspectives: Its Prospects And Its Income Tax System, Samuel C. Thompson Jr.
South African Perspectives: Its Prospects And Its Income Tax System, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.