An Innovative Framework: Evaluating The New German Business Stabilization And Restructuring Law (Starug),
2022
Northwestern Pritzker School of Law
An Innovative Framework: Evaluating The New German Business Stabilization And Restructuring Law (Starug), Andreas Rauch
Northwestern Journal of International Law & Business
This comment examines the restructuring framework, restrukturierungsgesetz (“StaRUG”), and argues that this new law represents an effective—albeit radical—departure from Germany’s previous, conservative insolvency regime. Passed in response to a 2019 EU Directive aimed at modernizing restructuring law Union-wide, and integrated into the German legal system against the backdrop of the COVID-19 pandemic, StaRUG and its ancillary reforms in other areas of German law create a restructuring proceeding that places a premium on a debtor’s continued business operations. Thus, in a striking shift from the traditional German approach to business distress, which strongly emphasized creditor rights, the new StaRUG focuses on …
Riding The Wave: Fairness For Foreign Investors In India’S Impending Insolvency Tsunami,
2022
Fordham University School of Law
Riding The Wave: Fairness For Foreign Investors In India’S Impending Insolvency Tsunami, Nicole Mecca
Fordham Journal of Corporate & Financial Law
Reminiscent of the warning signs of a tsunami, bankruptcy and insolvency courts across the globe have been eerily calm despite unprecedented conditions during the COVID-19 pandemic. The full extent of the pandemic’s effect, including a tidal wave of wide-spread corporate and financial sector harm and wide-spread economic distress, remains to be seen. Much like victims of natural disasters, unsuspecting and increasingly delayed courts will find themselves totally overwhelmed. The inconvenience felt by the courts is distinct, however, from potential harm to financial investors. Although investors could also be harmed by these judicial conditions, they knowingly assumed certain financial risk when …
Effectiveness Of The Existing International Humanitarian Law Provisions In Protecting The Natural Environment During Internal Armed Conflicts,
2022
Elisabeth Haub School of Law at Pace University
Effectiveness Of The Existing International Humanitarian Law Provisions In Protecting The Natural Environment During Internal Armed Conflicts, Joharah M. Alkahtani
Dissertations & Theses
The environment is inherently at risk in any armed conflict and the natural environment is always a victim of wars. In order to properly protect the environment, the international community must explicitly recognize the civilian nature of the environment and bar all damages to it notwithstanding its extent, longevity and severity. The current study focuses on the environmental protection during armed conflicts. In World War I, parties employed the indiscriminate use of chemical weapons as a way of gaining military advantage over their enemies. The world responded by adopting the Convention on the Prohibition of the Development, Production, Stockpiling and …
The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927,
2022
Yeshiva University, Cardozo School of Law
The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts
Cardozo International & Comparative Law Review
This article considers the extensive repressive measures enacted around the world during and in the wake of the First World War. While repressive developments in the World War I and post-war periods have previously been examined in different national contexts, little scholarship has adopted a more global lens. To better organize and consider the relevant developments, this article develops a typology of six different categories of public order governance into which the majority of the repressive measures of the period may be classified: the passage of new laws; the development of new institutions; raids, arrests, prosecutions, and other judicial and …
Letter From The Editor,
2022
Notre Dame Law School
Letter From The Editor, Ijeoma Oti
Notre Dame Journal of International & Comparative Law
No abstract provided.
Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights,
2022
S.J. Quinney College of Law, University of Utah
Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika R. George
Notre Dame Journal of International & Comparative Law
No abstract provided.
The People's (Republic) Algorithms,
2022
Notre Dame Law School
The People's (Republic) Algorithms, Gilad Abiri, Xinyu Huang
Notre Dame Journal of International & Comparative Law
No abstract provided.
Reforming America's Employment-Based Immigration System In A Post-Trump Era,
2022
Notre Dame Law School
Reforming America's Employment-Based Immigration System In A Post-Trump Era, Christian J. Palacios
Notre Dame Journal of International & Comparative Law
No abstract provided.
U.S.-China 'Phase One' Trade Deal: Implications For The World Trade Organization,
2022
Notre Dame Law School
U.S.-China 'Phase One' Trade Deal: Implications For The World Trade Organization, Austin Lowe
Notre Dame Journal of International & Comparative Law
No abstract provided.
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples,
2022
Humboldt State University
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …
The Roots Of Collapse: Imposing Constitutional Governance,
2022
St. John's University School of Law
The Roots Of Collapse: Imposing Constitutional Governance, Catherine Baylin Duryea
Faculty Publications
The foundational assumption of constitutional governance poses a conundrum for contemporary state-builders: a constitution heavily influenced by foreigners does not represent the views of the governed. Can a modern state-building effort foster democratic institutions when the new government reflects foreign? Nowhere was this tension more apparent than in Afghanistan, where the United States and the United Nations were heavily involved in drafting the 2004 Constitution. They shaped the process from the initial framework to the final, frenzied approval. Foreigners were engaged at both the procedural level—determining how the negotiations would occur and who would participate—and at the substantive level—providing input …
Law, Religion, And The Covid Crisis,
2022
St. John's University School of Law
Law, Religion, And The Covid Crisis, Mark L. Movsesian
Faculty Publications
This essay explores judicial responses to legal restrictions on worship during the COVID-19 pandemic and draws two lessons, one comparative and one relating specifically to U.S. law. As a comparative matter, courts across the globe have approached the problem in essentially the same way, through intuition and balancing. This has been the case regardless of what formal test applies, the proportionality test outside the United States, which expressly calls for judges to weigh the relative costs and benefits of a restriction, or the Employment Division v. Smith test inside the United States, which rejects judicial line-drawing and balancing in favor …
La Liberté D’Expression Aux États-Unis Et En France,
2022
Université Panthéon-Assas Paris
La Liberté D’Expression Aux États-Unis Et En France, Elisabeth Zoller
Books & Book Chapters by Maurer Faculty
A chapter from the Ministry's report, RÉPUBLIQUE ÉCOLE LAÏCITÉ
The Guaranteed Resolution On Effective And Adapted Terms (The Great Process): A New Hybrid Dispute Resolution Process For Guaranteeing A Solution And Resolving Disputes Efficiently,
2022
Mediation & Resolution
The Guaranteed Resolution On Effective And Adapted Terms (The Great Process): A New Hybrid Dispute Resolution Process For Guaranteeing A Solution And Resolving Disputes Efficiently, Claude Amar, Vironique Fraser, Cecile Maitre-Ferri
Cardozo Journal of Conflict Resolution
Over the past twenty years, innovative dispute resolution processes have emerged from practitioners who aimed to tailor them to the parties' process needs. Some of the most widely known processes include med-arb, arb-med, co-mediation with an evaluative and a non-evaluative mediator, baseball arbitration, last offer arbitration, and sealed-arbitration. The list and possible combinations are infinite, when one starts combining processes. However, such spontaneity and adaptivity sometimes result in harmful consequences. In the past, arbitral awards in numerous jurisdictions were refused to be honored on the basis that the process had infringed on fundamental procedural guarantees. For that reason, it is …
Making Sex Work Safe: Using A Consensus-Based Approach To Create Meaningful Policy For Sex Workers,
2022
Benjamin N. Cardozo School of Law
Making Sex Work Safe: Using A Consensus-Based Approach To Create Meaningful Policy For Sex Workers, Alexandra Sandler
Cardozo Journal of Conflict Resolution
Sex work has been described as the world's oldest profession, yet it has remained nearly unchanged in the U.S., largely due to the conflation between sex work and sex trafficking. The term "sex worker" refers to a person who willingly works in the industry to make a living. Sex trafficking, though, is a form of modern-day slavery, in which an individual performs commercial sex as a result of force, fraud, or coercion. The conflation of sex work and sex trafficking in the U.S. has resulted in oppressive policies that undermine the rights and safety of sex workers. With the exception …
Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components,
2022
Benjamin N. Cardozo School of Law
Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa
Cardozo Journal of Conflict Resolution
Afghanistan became the first Muslim country to ratify the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") with no reservations, understandings, or declarations ("RUDs") on March 5, 2003. This event is notable considering that the majority of Muslim countries that ratified the treaty included reservations holding Islamic Sharia law above the tenets of the Convention. The government abstained from making this type of reservation, demonstrating its intent to follow international norms as it entered a new phase of democratic statebuilding.
Speaking Arabic In Israel: "He Whose Hand Is In The Water Is Not Like Whose Hand Is In The Fire",
2022
School of Law, Zefat Academic College (Israel)
Speaking Arabic In Israel: "He Whose Hand Is In The Water Is Not Like Whose Hand Is In The Fire", Yael Efron, Mohammed S. Wattad
Cardozo Journal of Conflict Resolution
No abstract provided.
Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms,
2022
Benjamin N. Cardozo School of Law
Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha
Cardozo Journal of Conflict Resolution
No abstract provided.
Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment,
2022
American UniversityWashington College of Law
Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment, Fernanda Giorgia Nicola Dr., Antonio Caiola
Scholarly Articles in Law Reviews & Journals
Democracy, as well as the rule of law, is one of the founding values of the European Union. With the recent rise of some authoritarian governments in Europe, scholars have focused primarily on the efforts led by the European Commission and the European Court of Justice (“ECJ”) to curb democratic backsliding. While European institutions have struggled defending the rule of law inside the Union through lawsuits and economic sanctions against those governments, the history of integration shows how the European Parliament (“EP”) led the efforts to cure the democratic deficit existing in the European institutional system. Since the end of …
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 5, Iss. 2,
2022
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 5, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
