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Articles 1 - 9 of 9
Full-Text Articles in Law
Debtor In Possession Financing: The Jursidiction Of Canadian Courts To Grant Superpriority Financing In Ccaa Applications, Janis Sarra
Dalhousie Law Journal
Restructuring of insolvent corporations can be an effective means of a voiding the social and economic consequences of firm failure. Key to successful restructuring is financing (called DIP financing) in the interim period during which the corporation is attempting to develop a viable business plan that is acceptable to stakeholders. Canadian courts have exercised their inherent jurisdiction to grantsuch financing. A recent case before the Supreme Court of Canada settled. However, there continue to be challenges to the courts'jurisdiction. This article suggests that the degree of uncertainty created by the courts' granting of DIP financing has been exaggerated and that …
Arbitrators Should Write Opinions For Parties And For Courts, Josef Rohlik
Arbitrators Should Write Opinions For Parties And For Courts, Josef Rohlik
Saint Louis University Law Journal
No abstract provided.
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Vanderbilt Law Review
Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …
Getting Their Feet Wet: The Supreme Court And The Practical Implementation Of Treaty Rights In The Marshall Case, Phillip Saunders
Getting Their Feet Wet: The Supreme Court And The Practical Implementation Of Treaty Rights In The Marshall Case, Phillip Saunders
Dalhousie Law Journal
Judicial decisions which recognize aboriginal or treaty rights to natural resources inevitably lead on to a process of negotiation, as governments and aboriginal and other users of the resource define the access and management regimes which allow for practical implementation of the legal rights. Courts should be cognizant of the impact of their decisions on such negotiations, and provide adequate clarity and substantive guidance to negotiators. This article considers the decisions of the Supreme Court of Canada in the Marshall case from this perspective, and details the shortcomings which made the prospects for successful negotiations less favourable. The weaknesses in …
Removing A "Section 96" Judge: An Historical Case Study, Barry Cahill
Removing A "Section 96" Judge: An Historical Case Study, Barry Cahill
Dalhousie Law Journal
The creation of the Canadian Judicial Council in 1971 and the gradual disappearance of county and district court judges into the superior court judiciary filled a lacuna in the Constitution Act, 1867. The tenure of county court judges was less secure than that of superior court judges, which was constitutionally entrenched and protected. The Judges Act, passed originally to provide for the removal of county court judges, articulated a mechanism which was extended to superior court judges at about the same time as county and district courts were beginning to disappear from the Canadian judicial scene. The lack of such …
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
Litigation In The United States And Mexico: A Comparative Overview, Robert M. Kossick, Jr.
University of Miami Inter-American Law Review
No abstract provided.
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack
ILSA Journal of International & Comparative Law
This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris
ILSA Journal of International & Comparative Law
The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.
Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle
Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle
South Carolina Law Review
No abstract provided.