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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...
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In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...
Persistent link: https://www.econbiz.de/10012764488
Following the terrorist attacks on September 11, 2001, the President ordered the creation of military tribunals in which to try persons associated with the attacks. Several persons currently imprisoned at Guantanamo Bay, Cuba, have been charged with capital crimes. As originally set forth by...
Persistent link: https://www.econbiz.de/10012756774
The contribution is based on an earlier article, 'Reshaping Commonwealth Caribbean Jurisprudence: From Pratt and Morgan to Joseph and Boyce' (2007) 32 (2) West Indian Law Journal (forthcoming). That article traces the continuity between the Privy Council decision in Pratt and Another v the AG...
Persistent link: https://www.econbiz.de/10012721099
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
Lon Fuller's claim that polycentric disputes are unsuitable for adjudication has had a powerful impact on the English law of justiciability. Fuller conceded, as many have noted, that polycentricity is a matter of degree and that counter-examples can be admitted without collapsing the concept....
Persistent link: https://www.econbiz.de/10012773281
This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a...
Persistent link: https://www.econbiz.de/10012781671
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