Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Banking and Finance Law (3)
- Bankruptcy Law (3)
- Civil Law (3)
- Commercial Law (3)
- Comparative and Foreign Law (3)
-
- Consumer Protection Law (3)
- Jurisprudence (3)
- Secured Transactions (3)
- Accounting Law (2)
- Administrative Law (2)
- Admiralty (2)
- Agency (2)
- Agriculture Law (2)
- Air and Space Law (2)
- Animal Law (2)
- Antitrust and Trade Regulation (2)
- Business Organizations Law (2)
- Civil Rights and Discrimination (2)
- Communications Law (2)
- Computer Law (2)
- Conflict of Laws (2)
- Constitutional Law (2)
- Courts (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Economics (2)
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Legal Remedies
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Finding Nemo: Rediscovering The Virtues Of Negotiability In The Wake Of Enron, Adam J. Levitin
Finding Nemo: Rediscovering The Virtues Of Negotiability In The Wake Of Enron, Adam J. Levitin
ExpressO
Creditors have long understood that any claims they submit for repayment in a bankruptcy might be valid, but subject to subordination in the order of payment of the bankruptcy estate’s limited funds if the creditor behaved inequitably as the debtor failed. A groundbreaking opinion in Enron’s on-going bankruptcy has expanded the practice of equitable subordination far beyond its traditional reach. According to the court, buyers of bankruptcy claims are now subject to subordination, not just for their own conduct, but also for conduct of previous owners of the claims, regardless of whether the conduct related to the claims.
In a …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev
Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev
Yehuda Adar Dr.
-This article is in Hebrew-
The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …