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Articles 1 - 12 of 12
Full-Text Articles in Law
Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce
Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce
Pepperdine Law Review
No abstract provided.
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Continuing The Litigation Of Collateral Valuation In Bankruptcy: Associates Commercial Corp. V. Rash, Kenneth L. Reich
Pepperdine Law Review
No abstract provided.
Not All Defined Value Clauses Are Equal, Wendy G. Gerzog
Not All Defined Value Clauses Are Equal, Wendy G. Gerzog
All Faculty Scholarship
Defined value clauses used to value nonmarketable family limited partnership (FLP) interests create valuation distortions and other public policy issues. This paper describes these abuses and proposes the employment of restrictions similar to those applied to pecuniary formula marital deduction clauses.
The article explains how pecuniary formula marital deduction provisions created valuation distortions by allowing for undervaluation of the marital share that were remedied by the IRS’s Rev. Proc. 64-19 and the enactment of section 2056(b)(10). The article analyzes recent case law expanding the use of defined value clauses into the FLP area and criticizes the courts for not applying …
Valuation Standards For Calculating Icsid Awards, Jason A. Pan
Valuation Standards For Calculating Icsid Awards, Jason A. Pan
Jason A Pan
A common remedy in resolving disputes between foreign investors and their host governments is the award of fair market value as compensation. The International Centre for the Settlement of Investment Disputes (ICSID) is a popular forum for adjudicating such disputes, and since 1997 its caseload has taken off with the onset of globalization. As of 2011, 28% of ICSID cases resulted in an award to the claimant investor. Thus the valuation analysis behind ICSID awards is an important topic for both claimant investors and respondent governments. However, the nature of valuation analysis is that of a subjective and context-specific art …
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Rationalizing Risks To Cultural Loss In Resource Development, Sari M. Graben
Sari M Graben
Abstract In this article, I consider the implications of culture for valuation of cultural loss in cost benefit analysis. I argue that rational choice models have a difficult time quantifying cultural values because they have yet to grapple with the way experts tasked with cost benefit analysis translate knowledge about cultural worldviews for the purposes of comparison. This translation can alter the valuation of the risk so as to undermine the representation of a loss, rather than identify it. However, instead of rejecting the consideration of cultural loss in cost-benefit analysis outright, I build on dialogical approaches to governance that …
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Wendy Gerzog
Defined value clauses used to value nonmarketable family limited partnership (FLP) interests create valuation distortions and other public policy issues. This paper describes these abuses and proposes the employment of restrictions similar to those applied to pecuniary formula marital deduction clauses.
The article explains how pecuniary formula marital deduction provisions created valuation distortions by allowing for undervaluation of the marital share that were remedied by the IRS’s Rev. Proc. 64-19 and the enactment of section 2056(b)(10). The article analyzes recent case law expanding the use of defined value clauses into the FLP area and criticizes the courts for not applying …
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Wendy Gerzog
Defined value clauses used to value nonmarketable family limited partnership (FLP) interests create valuation distortions and other public policy issues. This paper describes these abuses and proposes the employment of restrictions similar to those applied to pecuniary formula marital deduction clauses.
The article explains how pecuniary formula marital deduction provisions created valuation distortions by allowing for undervaluation of the marital share that were remedied by the IRS’s Rev. Proc. 64-19 and the enactment of section 2056(b)(10). The article analyzes recent case law expanding the use of defined value clauses into the FLP area and criticizes the courts for not applying …
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Not All Defined Value Clauses Are Equal, Wendy Gerzog
Wendy Gerzog
Defined value clauses used to value nonmarketable family limited partnership (FLP) interests create valuation distortions and other public policy issues. This paper describes these abuses and proposes the employment of restrictions similar to those applied to pecuniary formula marital deduction clauses. The article explains how pecuniary formula marital deduction provisions created valuation distortions by allowing for undervaluation of the marital share that were remedied by the IRS’s Rev. Proc. 64-19 and the enactment of section 2056(b)(10). The article analyzes recent case law expanding the use of defined value clauses into the FLP area and criticizes the courts for not applying …
Indiana State Police Pension Trust V. Chrysler: A Missed Opportunity To Improve Collateral Valuation Doctrine, Jason A. Pan
Indiana State Police Pension Trust V. Chrysler: A Missed Opportunity To Improve Collateral Valuation Doctrine, Jason A. Pan
Jason A Pan
Section 506(a)(1) of the Chapter 11 bankruptcy code addresses how to value collateral. This issue arose in Indiana State Police Pension Trust v. Chrysler, but unfortunately the Supreme Court declined to hear the case. As a result the current doctrine on whether to value collateral according to a liquidation versus a going concern standard is Assocs. Commercial Corp. v. Rash, which held that collateral should be valued according to its proposed use. The Rash doctrine, that collateral is to be valued using a going concern standard when proposed to be used in a going concern context, creates opportunity for economic …
Till V. Scs Credit Corp.: Can You "Till" Me How To Cram This Down? The Supreme Court Addresses The Proper Approach To Calculating Cram Down Interest Rates, Phillip J. Giese
Till V. Scs Credit Corp.: Can You "Till" Me How To Cram This Down? The Supreme Court Addresses The Proper Approach To Calculating Cram Down Interest Rates, Phillip J. Giese
Pepperdine Law Review
No abstract provided.
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry
Pepperdine Law Review
Proposed amendments to the Bankruptcy Code permitting strip down of under secured home mortgages to the court-determined value of the homes and other modifications of home mortgages in Chapter 13 would substantially alter the risk characteristics of home mortgages, with likely substantial effects on future mortgage interest rates and future mortgage availability. Thus, the future societal cost of such a change in the law likely would be large. This article explains and supports that thesis, primarily on the ground that the proposed changes would leave mortgage holders with all of the future downside risk in the real property market while …
Marital Property Annotated Bibliography, Nancy Levit
Marital Property Annotated Bibliography, Nancy Levit
Faculty Works
This bibliography covers law review articles published, for the most part, after 2007. Articles for which the title is self-explanatory or that concern only a single case, state, or statute are cited, but not annotated.