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Full-Text Articles in Law

Towards A Payments System Law For Developing And Transition Economies, Raj Bhala Sep 1995

Towards A Payments System Law For Developing And Transition Economies, Raj Bhala

Faculty Publications

This paper examines the legal foundations of large-value credit transfer systems and the importance of certainty, efficiency, and fairness in funds transfer law. A case study is presented to highlight key terminology and concepts. Thereafter, five particularly noteworthy legal rules are discussed in the context of the case study: (1) a rule defining the scope of the law; (2) a rule establishing when the rights and obligations of parties to a funds transfer are triggered; (3) a receiver finality rule; (4) a rule assigning liability for interloper fraud; and (5) a money-back guarantee rule, coupled with provisions on discharge. Finally, …


From Legal Transplants To Legal Formats, Alan Watson Jul 1995

From Legal Transplants To Legal Formats, Alan Watson

Scholarly Works

Most of the time rulers and governments in the Western world as a whole were little interested in making private law. Instead, the task devolved upon some group of the legal elite who became in effect subordinate law makers without having been given power to make law. Thus, Roman jurists as such were private individuals with no ties to government: they made law when their opinions came to win approval from other jurists. English judges in the Middle-Ages and later were appointed to decide cases: the tradition long was that they found the law but did not make it. Continental …


The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith Apr 1995

The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith

Law Faculty Publications

No abstract provided.


Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade Jan 1995

Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade

Articles in Law Reviews & Other Academic Journals

This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.