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Is interpreting a legal text something different form understanding it? If this is the case, what does such a difference consist in? Is it a matter of semantic content of the text or does it depend on the communicative function of legal language? And if a straightforward line between...
Persistent link: https://www.econbiz.de/10012724684
While the question why we Americans name our statutes is rarely asked and not obvious, it turns out to be extremely interesting and, at least in the case discussed in this essay, illuminating. Namely, it appears to have occurred to someone on Capitol Hill that there is something to be gained by...
Persistent link: https://www.econbiz.de/10012724817
Prof. Adam Kolber's theory on punishment calibration is a novel and interesting way to approach the problem of personality differences among prisoners and the questions those differences raise for classical retributivist and consequentialist punishment theories. However, there are problems of...
Persistent link: https://www.econbiz.de/10012725420
The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh (the state in which BALCO is located) and by some public spirited individuals before various High Court and finally...
Persistent link: https://www.econbiz.de/10012725745
The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...
Persistent link: https://www.econbiz.de/10012725916
In this paper, we develop a new screen to detect manipulation in commodities markets. If manipulation is occurring, not all of the relevant information is being filtered through the market, which means that the market is being quot;fooledquot; and its ability to forecast future prices is...
Persistent link: https://www.econbiz.de/10012726372
Lifland J's decision in Re Bear Stearns High-Grade Structured Credit Strategies Master Fund (Bankr.S.D.N.Y. September 5, 2007) clearly comports with the intent and structure of chapter 15 that the determination of the existence of a foreign main or non-main proceeding is a definitional matter,...
Persistent link: https://www.econbiz.de/10012729102
Persistent link: https://www.econbiz.de/10012730859
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731895
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731969