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Articles 1 - 9 of 9
Full-Text Articles in Law
Bankruptcy Law, Hon. Douglas O. Tice Jr., Suzanne E. Wade, K. Elizabeth Sieg
Bankruptcy Law, Hon. Douglas O. Tice Jr., Suzanne E. Wade, K. Elizabeth Sieg
University of Richmond Law Review
No abstract provided.
The Leading Edge, V. 1, Issue 1, Fall 2009
The Leading Edge, V. 1, Issue 1, Fall 2009
The Leading Edge: the Newsletter of the University of Maryland School of Law's Leadership, Ethics and Democracy Initiative
No abstract provided.
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Michigan Law Review
In this Note I propose a method to examine presidents' actions taken outside the normal bounds of executive power by employing the general rubric of equity, in an attempt to find when the president acts with what I term "practical legitimacy." This would be a new category for executive actions that, while perhaps arguably illegal, are so valuable that we want to treat them as legitimate exercises of executive power. To do so, I first examine the history of equity, noting the many relevant parallels to our modern conception of executive power In light of these parallels, I argue that …
A Tenant's Right To Set-Off, Michael Weir
A Tenant's Right To Set-Off, Michael Weir
Michael Weir
In this article the author will discuss the attributes of set-off at common law and in equity. The decision of British Anzani (Felixstowe) Ltd ν International Marine Management (UK Ltd), has provided an impetus to the doctrine of equitable set-off in its application to leases. This case confirms α considerable latitude to a tenant to set off liquidated and unliquidated damages against rental. The author will then discuss the rules of set-off against a landlord constituted by a mortgagee in possession. This discussion will reveal that the application of set-off in that circumstance is dependent upon the local statutory provisions …
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.
University of Richmond Law Review
No abstract provided.
The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond
The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond
Saint Louis University Public Law Review
No abstract provided.
Erisa—On The Edge Of Equity: Can “Appropriate Equitable Relief” Be Capped?, Kristina D. Cooksey
Erisa—On The Edge Of Equity: Can “Appropriate Equitable Relief” Be Capped?, Kristina D. Cooksey
Saint Louis University Public Law Review
No abstract provided.
Tax Policy And Personal Identity Over Time, Lawrence A. Zelenak
Tax Policy And Personal Identity Over Time, Lawrence A. Zelenak
Faculty Scholarship
Tax policy analysts often claim that tax distributional analysis should be based on a lifetime perspective, at least as a theoretical ideal. A prominent argument in favor of a consumption tax base over an income tax base appeals to this lifetime equity perspective, as does the argument for lifetime income averaging under an income tax with progressive marginal rates. These appeals to lifetime equity assume, in most cases without discussion, that personal identity over time is an unproblematic concept, so that the whole-life person is clearly the ideal unit for purposes of distributional analysis. However, the philosopher Derek Parfit claims …
Deterring "Double-Play" Manipulation In Financial Crisis: Increasing Transaction Cost As A Regulatory Tool, Lin (Lynn) Bai, Rujing Meng
Deterring "Double-Play" Manipulation In Financial Crisis: Increasing Transaction Cost As A Regulatory Tool, Lin (Lynn) Bai, Rujing Meng
Faculty Articles and Other Publications
The sub-prime mortgage crisis that originated in the United States has triggered a global credit crunch, threatening the solvency of emerging markets that have relied heavily on foreign debt, and resulting in the devaluation of their currencies. Currency market interventions by the central banks in countries with a currency board system lead to higher short-term interest rates and further declinations in the local stock market. This economic setting invites the double-play manipulation strategy that simultaneously attacks both the local currency and the stock market. History has shown that a central bank’s stock market intervention is costly and that sustaining the …