Law Commons^™

The Emergence Of Mechanisms For Cross-Border Insolvencies In Canadian Law, Sean Dargan

Connecticut Journal of International Law

In 1983, the United States Bankruptcy Court of the Eastern District of Michigan dealt a blow to the generally cordial relations between the United States and Canada when it ignored a petition granted in the Supreme Court of Ontario in Bankruptcy.' In Toga, the U.S. Court denied a Canadian bankruptcy trustee's request for injunction against a U.S. creditor under 11 U.S.C. §304, holding that it was the court's duty to "protect United States citizens' claims against foreign judgments inconsistent with this country's well-defined and accepted policies."' While Toga is usually examined under the lens of §304 of U.S. Chapter 11,3 …

The Transnational Insolvency Project Of The American Law Institute, Jay Lawrence Westbrook

Connecticut Journal of International Law

In May 2000, the American Law Institute (hereinafter "ALI") completed its Transnational Insolvency Project (hereinafter the "TIP") with the membership's approval of Principles of Cooperation in Transnational Insolvency Cases Among the Members of the North American Free Trade Agreement.' The approval marked the end of a unique five-year cooperative effort by experts in bankruptcy law from Canada, Mexico, and the United States. The resulting text is an authoritative statement of basic principles (hereinafter the "ALl Principles") for the conduct of multinational bankruptcy cases.

The TIP was important both for its results and for its significance in the life of the …

The Genesis, Structure, And Projection Of The New Mexican Insolvency Law, Luis Manuel C. Mejan

Connecticut Journal of International Law

A survey of former Mexican laws reveals antecedents of current laws related to insolvency. The first bankruptcy law, enacted in 1853, followed two models: a French law, enacted in 1802, and a Spanish statute, enacted in 1892. Further, commercial codes, enacted in 1854, 1883, and 1890 (the latter of which is still in effect), had specific chapters on the subject. In 1942, a team chaired by an outstanding lawyer, Mr. Joaquin Rodriguez y Rodriguez, drafted the Bankruptcy Law (Ley de Quiebras y Suspension de Pagos), which was later enacted by Congress. Except for one small amendment, added in 1987, the …

Insolvency Reform And Economic Policy, Sean Hagan

Connecticut Journal of International Law

Insolvency reform seems to be in vogue. Over the past several years, a number of advanced industrial countries have introduced-or are considering introducingsignificant changes in the framework governing the liquidation or rehabilitation of enterprises.' For many emerging market economies, reform in this area has become a central component of their economic reform programs.2 Moreover, in addition to providing financial and technical support for these programs, multilateral financial institutions such as the International Monetary Fund ("IMF") and the World Bank are also devoting considerable resources to the distillation of best practices in the area of corporate insolvency.3 Most recently, the United …

Reforming Brazilian Insolvency Law, Gloria Angelica Contu

Connecticut Journal of International Law

Brazilian insolvency proceedings are governed by Federal Decree-Law Number 7.661 of 1945,' as amended 2 -which provides for two distinct legal proceedings known as concordata and fal~ncia. Concordata proceedings rehabilitate the debtor through a process of debt restructuring while falncia is a forced judicial liquidation of the debtor's estate.3 Each of these proceedings may significantly impact the recovery rights of domestic or foreign creditors, notwithstanding whether the original credit transaction was negotiated outside of Brazilian jurisdiction.

For an international creditor who is deciding whether or not to lend, and under what financial terms, a fair calculation of recovery risk' will …

A Global Approach For Multi-Creditor Out-Of-Court Restructurings - A New Initiative And The Wider Issues, Terry Bond

Connecticut Journal of International Law

Insolvency regimes differ widely around the world, some can be described as highly developed and sophisticated, based as they are on many hundreds of years of experience, constantly being updated and refined in the light of constant usage and practice. The systems of countries such as the United States, the United Kingdom, Canada and various European countries would spring to mind as examples. Equally, there are many jurisdictions where the evolution of insolvency systems is much less advanced, ranging down to those where they are largely ineffective, whether through lack of modem commerciality, or because implementation or predictability are lacking, …

Evaluating The Judges In Baton Rouge, Susan E. Howell

Survey Research Center Publications

The Baton Rouge Bar Association seeks to provide the public, lawyers, and the judges with some sort of evaluation of the judges in the Baton Rouge area. Since it is difficult for the public to obtain information on judges, the Bar Association relied on its own members and the members of the Louis Martinet Society to evaluate all judges, including city, state, and federal courts. Hopefully, the results will be useful to the public, the lawyers, and especially to the judges. Most judges can take satisfaction in the high regard with which they are held by the hundreds of lawyers …

The New Deal Constitution In Exile, William E. Forbath

Duke Law Journal

No abstract provided.

The New Unwritten Constitution, Jed Rubenfeld

Duke Law Journal

No abstract provided.

Why Talking About “States’ Rights” Cannot Avoid The Need For Normative Federalism Analysis: A Response To Professors Baker And Young, Ann Althouse

Duke Law Journal

No abstract provided.

A Localist Critique Of The New Federalism, David J. Barron

Duke Law Journal

No abstract provided.

Circles Of Exile: A Response To Professor Forbath, Garrett Epps

Duke Law Journal

No abstract provided.

Taking What They Give Us: Explaining The Court’S Federalism Offensive, Keith E. Whittington

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Court Review: Volume 38, Issue 3 - Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 38, Issue 2 - No Longer Speaking In Code, Rodney Davis

Court Review: Journal of the American Judges Association

In October 2000, 90 of the 100 appellate and supreme court justices of California were attending their annual appellate institute when Bryan Garner lectured on judicial writing and proposed dropping citations into footnotes. Garner was persuasive and when he announced his “altar call” through a show of hands of judges that were willing to change, I, along with a clear majority of those present, indicated that we were. Yet, a year after that institute only five of us have adopted Garner’s suggestion. I believe I know why.

Court Review: Volume 38, Issue 2 - Afterword, Bryan A. Garner

Court Review: Journal of the American Judges Association

That said, Judge Posner’s response here is off the mark (he doesn’t distinguish citational from substantive footnotes, and therefore doesn’t address my main thesis), based on an irrelevant standard (our opinions are short enough as it is), self-contradictory (a judge can always use footnotes to shorten the text), and downright quirky (opinions shouldn’t have a “spurious air of scholarship”). Although opinions may not be scholarship, their very essence is reasoning, and the citations that judges now throw on the page can obscure the reasoning for both the reader and the writer.

In Hell There Will Be Lawyers Without Clients Or Law, Susan P. Koniak, George M. Cohen

Faculty Scholarship

More than twenty years ago, moral philosopher Richard Wasserstrom framed the debate in legal ethics by asking two questions. Does the lawyer's duty to zealously represent the client, constrained only by the bounds of the law, render the lawyer "at best systematically amoral and at worst more than occasionally immoral in ... her dealings with the rest of mankind[?]" And is the lawyer's relationship with the client likewise morally tainted in that it generally entails domination by the lawyer over the client rather than mutual respect? Wasserstrom answered both questions affirmatively. Though these questions have preoccupied legal ethics scholars ever …

Section 1983'S And Laws Clause Run Amok: Civil Rights Attorney's Fees In Cellular Facilities Siting Disputes, Clive B. Jacques, Jack M. Beermann

Faculty Scholarship

In this article, we argue that enforcing the TCA against state and local zoning authorities raises serious legal concerns, especially if such enforcement is via a § 1983 "and laws" action. In particular, we argue that courts should not award attorney's fees under § 1988 to providers who prevail in claims alleging violation of TCA section 704. First, we argue that this is not an appropriate "and laws" claim because the TCA's cell siting provisions, in the main, do not create rights that are enforceable via § 1983 action. Further, in our view Congress did not intend that providers be …

The Wonderful World Of Genetics, George J. Annas

Faculty Scholarship

Review of Future Perfect: Confronting Decisions about Genetics (2001) by Lori B. Andrews

Reverse Mortgage Information Online, Robin Schard

Articles

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. However, there are traps for the unwary

Hitting For The Academic Cycle, Paul R. Verkuil

Articles

The article reflects on the author's journey through various academic and administrative roles, emphasizing the challenges and rewards of transitioning from faculty to dean to university president and back to faculty. The central argument is that effective academic leadership, particularly in law schools, requires balancing scholarly productivity, institutional differentiation, and collaboration with the broader university community. The author highlights the importance of maintaining scholarly engagement as a dean and president, leveraging unique institutional strengths, and fostering faculty unity through shared academic missions.

Book Review: The Handbook Of Conflict Resolution: Theory And Practice, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

The Constitution In Exile: Is It Time To Bring It In From The Cold?, William W. Van Alstyne

Duke Law Journal

No abstract provided.

The Legal Subject In Exile, Kathryn Abrams

Duke Law Journal

No abstract provided.

Narratives Of Federalism: Of Continuities And Comparative Constitutional Experience, Vicki C. Jackson

Duke Law Journal

No abstract provided.

Congress As Culprit: How Lawmakers Spurred On The Court’S Anti-Congress Crusade, Neal Devins

Duke Law Journal

No abstract provided.

Tripping On The Threshold: Federal Courts’ Failure To Observe Controlling State Law Under The Federal Arbitration Act, Charles Davant Iv

Duke Law Journal

No abstract provided.

Federalism And The Double Standard Of Judicial Review, Lynn A. Baker, Ernest A. Young

Duke Law Journal

From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine2—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat3—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-à-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate constitution—e.g., economic substantive due process, legislative nondelegation— which were banished for their collusion against the New Deal.

Causes Of The Recent Turn In Constitutional Interpretation, Christopher H. Schroeder

Duke Law Journal

No abstract provided.