Law Commons^™

Timing And Location Of Comi Determined At The Timing Of Filing Chapter 15 Petition, Priya Suresh

Bankruptcy Research Library

(Excerpt)

A debtor’s center of main interest (“COMI”) is not defined under title of 11 of the United States Code (the “Bankruptcy Code”). As a result, bankruptcy courts have taken a number of different approaches to determining a debtor’s COMI. The starting place for determining COMI is the statutory rebuttable presumption that a debtor’s registered office, or habitual residence is the debtor’s COMI. If the presumption is rebutted, the party seeking recognition as a foreign main proceeding must prove by a preponderance of the evidence that the debtor's COMI is in the jurisdiction where the proceeding is pending. Under chapter …

How Courts In The Second Circuit Decide On A Stay Pending Appeal In Bankruptcy Actions, Valerie Timmerman

Bankruptcy Research Library

(Excerpt)

Absent a stay, an appeal may be mooted by actions taken while the appeal is pending. The Federal Rules of Bankruptcy Procedure permit a court to grant “a stay of a judgment, order, or decree” pending an appeal. The purpose of a stay “is to preserve the status quo pending appeal and to protect the rights of all parties in interest.” The standard for a grant or denial of a stay under Bankruptcy Rule 8007 has historically differed among courts, with some favoring the “judicial discretion” test and others opting for the “preliminary injunction” test, depending on the nature …

City’S Retention Of Impounded Vehicle Not Violation Of Automatic Stay, Alexis Zobeideh

Bankruptcy Research Library

(Excerpt)

Upon the filing of a petition under title 11 of the United States Code (the “Bankruptcy Code”), creditors and other parties in interest are generally automatically stayed from taking any action against a debtor or property of the estate. The estate includes “all legal or equitable interests of the debtor in property as the commencement of the case,” with some exceptions. The automatic stay is “one of the most important protections and powerful tools available to a debtor in a bankruptcy.”

It is well established that a creditor cannot take affirmative steps against a debtor or estate property. Prior …

Are Settlement Agreements Executory Contracts? Courts That Say “No” Give More Power To Creditors In Bankruptcy Actions, Kevin Murray

Bankruptcy Research Library

(Excerpt)

In order to provide for quick and efficient resolutions in bankruptcy cases, courts will often encourage settlement agreements. Settlement agreements are so common that it is unusual for there not to be a settlement between adversaries. Additionally, settlement agreements are favored by law to allow the parties to avoid the expense and burdens that are associated with litigating claims.

Courts have taken two approaches when analyzing disputes that involve settlement agreements. Some courts have held that a settlement agreement is a court approved contract between two adversarial parties and its interpretation is governed by the general provisions of contract …

Deciphering Property Insurers’ Indemnification Obligations After Disasters, Pandemics And Business Interruption Losses: An Analysis Of State Supreme Courts And Federal Circuits’ Declaratory Judgments, Willy E. Rice

Journal of Business & Technology Law

No abstract provided.

Apple Inc. V. Pepper:The Future Of Software-Based Retail—Incalculable Damages And Duplicitous Liability, Christopher Derian

Journal of Business & Technology Law

No abstract provided.

Facebook's "Like" Button Plugin And User Tracking: Stretching Outdated And Ambiguous Laws To Protect User Privacy, David Brokaw

Journal of Business & Technology Law

No abstract provided.

Opportunities For Public Comments On Pending Trap/Pot Fishery Regulations To Protect The North Atlantic Right Whale, Catherine Schluter

Marine Affairs Institute Staff Publications

No abstract provided.

Focus On The Future: An Interview With Justin S. Smith, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.

Turning Participation Into Power: A Water Justice Case Study, Jaime Alison Lee

All Faculty Scholarship

No abstract provided.

Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown

Faculty Articles

This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …

Radicalism And Democracy In Monetary System Reform, John Crawford

Vanderbilt Law Review En Banc

No abstract provided.

Democracy And Disenchantment, Ashraf Ahmed

Vanderbilt Law Review En Banc

No abstract provided.

Neutralizing The "800-[P]Ound [G]Orilla": Chancery Court Denies Motions To Dismiss Breach Of Fiduciary Duty Claims Against Controlling Stockholder Engaged In Conflicted Transaction And Special Committee Members, Robert S. Reder, Lisa Orucevic

Vanderbilt Law Review En Banc

No abstract provided.

Road To Reform: The Case For Removing Police From Traffic Regulation, Aaron R. Megar

Vanderbilt Law Review En Banc

No abstract provided.

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanée Brown

Scholarly Works

While watching the murder of George Floyd, one thing should have remained imprinted in everyone's mind: he was a father. This racist officer permanently separated a father from his children when he recklessly, yet intentionally placed his knee on Mr. Floyd's neck for eight minutes and forty-six seconds. When the Administration for Children's Services ("ACS") removes Black children from their homes for unjust reasons, it places its knee on the necks of Black families.

Breathing as a family involves parents and children inhaling and exhaling the love shown to each other. To separate a family means to obstruct that family's …

Rennard Strickland: Living Without Notes, Katheleen Guzman

Other Faculty Publications

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Programmed To Protect And Serve: The Dawn Of Drones And Robots In Law Enforcement, Nanci K. Carr

Journal of Air Law and Commerce

No longer does the field of law enforcement rely solely on human cognition and capability as drones have become first responders, responding to emergency calls with a drone rather than a human officer. Drone technology can transform police work, just as it has package delivery and military strategy. These drone officers allow for higher law enforcement efficiency, safer communities, and even saved lives. However, they also raise civil liberty concerns given that the drones have the power to track vehicles and people without consent, and they can collect and store video records of everyday life, reducing expectations of privacy. This …

Tribute To Charles Tarpley, Jonathan M. Hoffman

Journal of Air Law and Commerce

No abstract provided.

A Primer On Opposing Construction Of Wind Farms Near Public-Use Airports, Alan Armstrong

Journal of Air Law and Commerce

We are witnessing an explosion in the construction of wind turbine generators, cell phone towers, and television/radio broadcast towers around the United States. The statutes, rules, regulations, and police guidance addressing when and where such structures can be erected near public-use airports are complex and intricate. The Federal Aviation Administration (FAA) focuses more on subjective than objective criteria in assessing whether an obstruction to air navigation is a hazard to air navigation.

To the extent the FAA conducts studies to determine whether an obstruction is a hazard, the courts are not uniform in assessing the effects of FAA studies. In …

Drunk Drivers Are A Moving Time Bomb: Should States Impose Liability On Both Social Hosts And Commercial Establishments Whose Intoxicated Guests And Patrons Subsequently Cause Injuries Or Death To Innocent Third Parties, Tracey B. Carter

Law Faculty Scholarship

This Article examines whether states should impose civil liability not only on commercial alcohol vendors under dram shop statutes, but also on social hosts whose intoxicated guests subsequently cause injury or death to innocent third parties. Drawing upon national drunk-driving statistics, historical development of dram shop laws, and comparative analysis of state approaches—particularly in Southeastern jurisdictions—the Article evaluates the effectiveness and limitations of existing liability frameworks. While most states recognize statutory liability for commercial establishments that serve visibly intoxicated persons or minors, many decline to extend comparable liability to social hosts serving adult guests. The Article analyzes the policy arguments …

Microwaving Dreams? Why There Is No Point In Reheating The Hart-Dworkin Debate For International Law, Jason A. Beckett

Faculty Book Chapters

A critique of attempts to transpose Hart and Dworkin's legal theories to international law. I demonstrate why neither approach can provide insights into international law. Hart and Dworkin are institutional theorists, their methodologies are anchored by the need to justify the exercise of socially centralised violence. International law lacks both institutions and centralised violence, and the stabilising force these bring; it is radically indeterminate. Attempts to suppress this indeterminacy have resulted in international lawyers fragmenting into communities of practice, united by their eschatological faith in the international community. I challenge this faith.

The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett

Faculty Journal Articles

Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …

Volume 71 Issue 3 (2021), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Challenge Of Deterring Bad Police Behavior: Implementing Reforms That Hold Police Accountable, Robert M. Bloom, Nina Labovich

Case Western Reserve Law Review

No abstract provided.

23 And Me: Bristol-Myers Squibb, Federal Class Actions & The Non-Party Approach, Bryce Sanders

Case Western Reserve Law Review

No abstract provided.

Sidney Picker, Jr.: In Memoriam, Elizabeth Rindskopf Parker

Case Western Reserve Law Review

No abstract provided.

Book Review, Stephen Ellmann, And Justice For All: Arthur Chaskalson And The Struggle For Equality In South Africa, Michael J. Benza

Case Western Reserve Law Review

No abstract provided.

A Most Ingenious Paradox: Competition Vs. Coordination In Mutual Fund Policy, Ann M. Lipton

Case Western Reserve Law Review

No abstract provided.