Law Commons^™

Fiduciary Duties Of Directors Of Insolvent Corporations: A Comparative Perspective, Alessandra Zanardo

Chicago-Kent Law Review

Over the last two decades, in many jurisdictions great emphasis has been placed on directors’ fiduciary duties when a corporation is insolvent or in the amorphous “zone of insolvency”; notably, to investigate whether the directors should continue to promote the best interests of the corporation for the benefits of its shareholders, or whether their duties shift to creditors.

The resolution of this ubiquitous issue will help to answer the following questions: Do creditors have standing to pursue claims for breach of fiduciary duties in the insolvency scenario? And, if they do, is it direct or derivative standing?

This Article will …

Bernard Bronner Order Denying Motion To Strike, Melvin Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

When Borders Dissolve, Laura N. Coordes

Chicago-Kent Law Review

Scholars have long sought to apply principles from U.S. bankruptcy law to sovereign debt restructurings. Chapter 9 of the U.S. Bankruptcy Code, used to adjust the debts of municipalities, has been a particular source of inspiration, and several proposals currently exist to adapt chapter 9 to address the challenges of sovereign debt restructuring.

The difficulties of applying chapter 9 in practice, however, have demonstrated the limitations of a one-size-fits-all solution to municipal distress. Similarly, attempts to adapt chapter 9 to apply uniformly to a broad range of sovereign states may be ineffective. A recurring problem lies in the fact that …

Modularity In Cross-Border Insolvency, Andrew B. Dawson

Chicago-Kent Law Review

This Article proposes a framework for thinking about the design structure of the Model Law on Cross-Border Insolvency. The Model Law has been successful by many metrics; however, it has faced various implementation challenges. As leading scholar Professor Jay Westbrook has noted, thinking about these problems requires thinking about the Model Law as a system. To understand the system, it is necessary to understand its architecture, and I argue that this architecture is best understood as reflecting a modular design structure, i.e., one that divides complex systems into a hierarchical system of self-contained components. Modularity has provided insights into other …

The Question For Another Day: Hooker V. Illinois State Board Of Elections And Its Effect On The Vitality Of Citizen Ballot Initiatives And Redistricting Reform In Illinois, Thomas Q. Ford

Chicago-Kent Law Review

Like most states, Illinois is no stranger to political gerrymandering. Since 2010, redistricting reformers have made repeated efforts to change the way Illinois's political maps are drawn, essentially by minimizing or eliminating the role lawmakers play in the process. Polls show the vast majority of Illinoisans support such a change. Reformers have chosen Illinois's citizen ballot initiative as their vehicle to amend the redistricting process, but every proposed initiative has been struck down in court before reaching voters. Most recently, the Illinois Supreme Court rejected a proposed initiative in Hooker v. Illinois State Board of Elections. This Note argues …

Preventing Drug-Related Deaths At Music Festivals: Why The "Rave" Act Should Be Amended To Provide An Exception For Harm Reduction Services, Robin Mohr

Chicago-Kent Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

The Invisible Voices Of The Movement To End Violence Against Women: Immigrant Survivors With Criminal Convictions, Leoni Fred

University of Miami Race & Social Justice Law Review

No abstract provided.

The Future Of Tort Litigation For Undocumented Immigrants In Donald Trump’S “Great” America, Dina Lexine Sarver

University of Miami Race & Social Justice Law Review

No abstract provided.

A Monumental Undertaking – Tackling Vestiges Of The Confederacy In The Florida Landscape, Juanita Solis

University of Miami Race & Social Justice Law Review

Symbols of the Confederacy have been a volatile topic across the country as recent events have spurred new resistance to their display. Part I of this note provides a brief introduction into the current controversy surrounding Confederate monuments in the United States, with a particular emphasis on the erected memorials in the Florida landscape. Part II argues that Confederate monuments were mainly erected with the intention of advancing racial subordination during time periods in American history where black Americans resisted white supremacy. As shown by the events that followed right–wing violence in both South Carolina and Virginia, this note argues …

Juvenile Status Offenses: The Prejudicial Underpinnings Of The Juvenile Justice System, Zachary Auspitz

University of Miami Race & Social Justice Law Review

No abstract provided.

The Legacy Of Slavery, Cognitive Shortcuts, And Biased News: The Mass Media’S Vilification Of Black Males And The Resulting “Reasonableness” Of Excessive Force By Law Enforcement, Janyl Relling Smith

University of Miami Race & Social Justice Law Review

No abstract provided.

Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Meg Penrose

Faculty Scholarship

Article Extract:

I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising …

Review Of The Decisions Of The President Of The Offi Ce Of Competition And Consumer Protection Regarding Infringements Of Collective Consumer Interests On The Financial Services Market In 2017, Aleksandra Drożdż

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This review presents the latest decisions of the President of the Office of Competition and Consumer Protection regarding infringements of collective consumer interests on the financial services market. It describes the often-used practices of financial institutions, which have been recognized by the President of the Office of Competition and Consumer Protection as violating these interests.

1872 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

Against Lgbt Exceptionalism In Religious Exemptions From Antidiscrimination Obligations, Carlos A. Ball

Journal of Civil Rights and Economic Development

(Excerpt)

In my estimation, Tebbe is correct that contested legal and policy questions arising from the intersection of religious freedom and equality principles demand difficult normative work. But, after reading the book, I am not sure he realizes the extent to which his social coherence approach is historically driven. Whether through analogies from concrete, past cases or by abstracting normative principles from past cases, Tebbe is essentially looking at how the country has, in the past, accommodated religious freedom in the pursuit of other objectives to guide us through current religious liberty controversies involving LGBT rights and reproductive freedom.

Religious Freedom In An Egalitarian Age: Rejecting Doctrinal Nihilism In The Adjudication Of Religious Claims, Laura S. Underkuffler

Journal of Civil Rights and Economic Development

(Excerpt)

Tebbe’s argument proceeds along two separate tracks. First, he rejects the arguments of academic skeptics and others that these conflicts are by nature something that is not amenable to the judicial task. Rather, he argues, conflicts between religious freedom and civil rights can be worked through by courts, using what he calls a “social coherence” approach. This does not, of itself, “pretend to determine unique answers to pressing substantive questions”; but it establishes a way to generate reasoned conclusions that are intrinsically superior to the ad hockery or nihilistic approach that skeptics assume.

Next, Tebbe combines this approach with …

In (Partial) Praise Of (Some) Compromise: Comments On Tebbe, Chad Flanders

Journal of Civil Rights and Economic Development

(Excerpt)

There are four very brief sections to my comment on Tebbe’s book. The first suggests some skepticism about social coherentism, and its hope to provide a neutral method for adjudicating disputes. I apply this skepticism in the second part to Tebbe’s discussion of what counts as “harm” and how to measure it. The third and fourth parts deal with my favored way of dealing with our deep disagreements and compromises when it comes to associations and employment. I should add here that nothing I say is meant to take away from Tebbe’s achievement in his book. The writing is …

Cumulative Faculty Bibliography Through 2009, Fordham Law School Library

Faculty Bibliography

Cumulative Faculty Bibliography Through 2009

Tebbe And Reflective Equilibrium, Andrew Koppelman

Journal of Civil Rights and Economic Development

(Excerpt)

The basic method of Nelson Tebbe’s fine book, “Religious Freedom in an Egalitarian Age,” is what John Rawls called “reflective equilibrium”. Rawls famously proposed a theory of justice that aimed to be “strictly deductive.” His deductions, however, take place within a larger account of justification that he calls “reflective equilibrium,” in which we try to bring our considered moral judgments into line with our more general principles. “A conception of justice cannot be deduced from selfevident premises or conditions on principles; instead, its justification is the matter of the mutual support of many considerations, of everything fitting together into …

What Is The "Social" In "Social Coherence?" Commentary On Nelson Tebbe's Religious Freedom In An Egalitarian Age, Patricia Marino

Journal of Civil Rights and Economic Development

(Excerpt)

It is my pleasure to comment on Nelson Tebbe’s deep and engaging book. In addition to its careful legal analysis, Religious Freedom in an Egalitarian Age bears on important philosophical issues concerning values, moral reasoning and the justification of evaluative beliefs. I find these issues especially interesting because I’ve engaged with some of them myself. Methodologically, Religious Freedom in an Egalitarian Age makes use of a concept of social coherence, and my work also considers questions of how coherence functions in evaluative contexts. What does it mean for our value judgments to fit together in an appropriate way? How …

Attempting To Engage In Socially Coherent Dialogue About Religious Liberty And Equality, Alan Brownstein

Journal of Civil Rights and Economic Development

(Excerpt)

Most book reviews reflect the reviewer’s final conclusions about the author’s finished work. This review is more of a snapshot of the lengthy dialogue I have been engaged in for several months with Nelson Tebbe, the author of the book being reviewed. The symposium conference organized by the St. John’s Journal of Civil Rights and Economic Development in September 2016, invited several church-state scholars to comment on a draft manuscript of Nelson Tebbe’s forthcoming book, Religious Freedom in an Egalitarian Age. However, the book was not fully completed when this multi-participant dialogue began.

Reply: Conscience And Equality, Nelson Tebbe

Journal of Civil Rights and Economic Development

(Excerpt)

In this Reply, I explore some larger questions that have been prompted by the book but that fell outside its focus on the interaction between religious freedom and civil rights law. Spurred by the responses, but also independent of them, I examine the implications of my arguments for an egalitarian theory of the First Amendment. Though it is of course impossible to fully develop such a vision in this Reply, there is room to begin that work. Along the way, I answer some of the more pointed questions posed in these six responses.

Charter Damages: Private Law In The Unique Public Law Remedy, Peter Krikor Adourian

LLM Theses

In 2010, the Supreme Court of Canadas decision in Vancouver (City) v Ward created a framework for a Charter damages claim. In two subsequent decisions, the Court deviated from Ward by relying extensively on private law principles to award public law damages. In doing so, the Court has created increasingly troubling results. I review the history of Charter damages and the Courts relevant Charter and private law damages jurisprudence, with a particular focus on factors like fault thresholds, immunities, and direct liability of government. I find that Ward provides an appropriate and just remedy in accordance with a purposive approach …

“Taking The Threat To American Democracy Seriously: The Truth/Justice/Democracy Initiative,”, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

1869 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

1859 - Report To The California Surveyor General From George Hale, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

1863 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

1864 - Report To The California Surveyor General From Wm. J. Mcgarvey, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock

1860 - Report To The California Surveyor General From Uriah Burns, Monterey County Assessor

Reports to California Surveyor General

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock