Constraining Monitors,
2017
Notre Dame Law School
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
Law And Legislation In Municipal Bankruptcy,
2017
The Wharton School, University of Pennsylvania
Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola
Cardozo Law Review
Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These "rule of law"features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different vision of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple actors. Consequently, this Article contends that familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates …
Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard To Do?,
2017
Benjamin N. Cardozo School of Law
Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard To Do?, Roxanne Makoff
Cardozo Law Review
The note argues that New York's current standard for judicial dissolution of LLCs, which requires proving that continuation is "not reasonably practicable," is overly stringent and ineffective in addressing member deadlocks. It advocates for adopting Delaware's "deadlock-plus" standard, which allows dissolution when member relationships are irreparably broken and no exit mechanisms exist in the operating agreement, as a more balanced and efficient approach.
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis,
2017
Brigham Young University Law School
#Ordinarymeaning: Using Twitter As A Corpus In Statutory Analysis, Lauren Simpson
BYU Law Review
No abstract provided.
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama,
2017
Barry University School of Law
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada,
2017
University of Michigan Law School
Gaars And The Nexus Between Statutory Interpretation And Legislative Drafting: Lessons For The U.S. From Canada, Reuven S. Avi-Yonah, Amir Pichhadze
Articles
Rules targeting specific known schemes are not the only tools available in the battle against tax avoidance. Legal systems also use measures that apply generally. The U.S. for example has tended to rely heavily on general doctrines. One such doctrine which is discussed in part 2 of this chapter is the “economic substance” doctrine. Yet as Xiong and Evans recently pointed out “although such judicial doctrines can be used to deal with various aspects of complicated tax abuse judges tended sometimes to limit and sometimes to enlarge the scope of jurisprudential interpretation leading to substantial uncertainty and risk.” One way …
Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act,
2017
Louisiana State University Law Center
Seeking A Definition Of Medical Futility With Reference To The Louisiana Natural Death Act, Frederick R. Parker Jr.
Louisiana Law Review
The article focuses on the issues of medical futility with respect to Louisiana Natural Death Act, and mentions concept of personhood and the right of a severely incapacitated patient to accept or refuse treatment; and conceptual issues of the medical futility.
Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty,
2017
Louisiana State University Law Center
Domestic Drone Surveillance: The Court’S Epistemic Challengeand Wittgenstein’S Actional Certainty, Robert Greenleaf Brice, Katrina L. Sifferd
Louisiana Law Review
The article focuses on the domestic drone surveillance in the U.S. and mentions U.S. Fourth Amendment and the different legal standards of proof that might apply to law enforcement for the use of drones; and role of U.S. Supreme Court in determining epistemic challenge of privacy.
A First Amendment Deference Approach To Reforminganti-Bullying Laws,
2017
Louisiana State University Law Center
A First Amendment Deference Approach To Reforminganti-Bullying Laws, Emily Suski
Louisiana Law Review
The article focuses on the problems of bullying among students and the use of U.S. First Amendment deference approach for reforming anti-bullying laws in the U.S., it also mentions effects of bullying; First Amendment anti-bullying law doctrine on overbreadth; and deferential standards.
The Gibbons Fallacy,
2017
University of Michigan Law School
The Gibbons Fallacy, Richard A. Primus
Articles
In Gibbons v. Ogden, Chief Justice John Marshall famously wrote that "the enumeration presupposes something not enumerated." Modern courts use that phrase to mean that the Constitutions enumeration of congressional powers indicates that those powers are, as a whole, less than a grant of general legislative authority. But Marshall wasn't saying that. He wasn't talking about the Constitution's overall enumeration of congressional powers at all. He was writing about a different enumeration - the enumeration of three classes of commerce within the Commerce Clause. And Marshall's analysis of the Commerce Clause in Gibbons does not imply that the enumerated …
A Generic A Day Keeps The Lawyer Away,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
A Generic A Day Keeps The Lawyer Away, Cara Brumfield
Nevada Law Journal
No abstract provided.
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights,
2017
Fordham University School of Law
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Fordham Law Review
Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …
Towards A Harmonised Approach To Mediation Legislation In Asia?,
2017
Singapore Management University
Towards A Harmonised Approach To Mediation Legislation In Asia?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes.
The English Reformulation Of The Penalty Rule: Relevance In Singapore?,
2017
Singapore Management University
The English Reformulation Of The Penalty Rule: Relevance In Singapore?, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
English law on the rule against penalty clauses (“penalty rule”) has had a stable if unsatisfactory formulation for a while. The courts have long distinguished between liquidated damages and a penalty, on the basis that the former is a genuine pre-estimate of loss and that the latter is an unjustifiable tool used to coerce the performance of a contract. These long-standing principles have now to be re-evaluated in the light of the much-anticipated joint appeals of Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (collectively “Cavendish”). The purpose of this case note is to discuss Cavendish and …
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger,
2017
Barry University School of Law
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Poverty Is The New Crime,
2017
DePaul University
Poverty Is The New Crime, Michelle Jenkins
DePaul Journal for Social Justice
No abstract provided.
Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment,
2017
Florida Coastal School of Law
Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung
DePaul Journal for Social Justice
No abstract provided.
Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police,
2017
DePaul University
Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2017
DePaul University
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017,
2017
Roger Williams University School of Law
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes
Law School Blogs
No abstract provided.
