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The paper deals with with one possible Utopian model, according to which law is an important part of the speculative Utopian Myth. This model is illustrated by using two narratives, created centuries apart. Both stories, from Hebrew sources, refer, in some detail to imaginary societies. Both...
Persistent link: https://www.econbiz.de/10012721613
For the poor, finance is always about much more than economics. In practical as well as philosophical terms it is a matter of basic human rights. As the dust begins to settle on the global financial crisis it is certain that all economies will suffer, but it is in the poorest, least developed...
Persistent link: https://www.econbiz.de/10012722853
International law has traditionally been above all a law aimed at reinforcing sovereignty and, secondarily, of taming it via the emergence of an international community. What is typically excluded from this encounter is a whole series of efforts undertaken by civil society, individuals, or...
Persistent link: https://www.econbiz.de/10012723517
This paper considers the emergence of the concept of authorship in copyright history as a response to the commercial market for literary and artistic works. Copyright law developed in the eighteenth century to create ownership in creative works and ensure that those who produce and distribute...
Persistent link: https://www.econbiz.de/10012724611
This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...
Persistent link: https://www.econbiz.de/10012724846
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
Can a payment in satisfaction of an antecedent debt be both a preference under section 239 of the UK Insolvency Act 1986 and therefore a transaction at an undervalue pursuant to section 238 of the UK Insolvency Act 1986?Describing it as an interesting question of law on which there was no direct...
Persistent link: https://www.econbiz.de/10012726917
The court in Re Ballast [2006] EWHC 3189 (Ch) rejected the proposition that an insurer via subrogation has a proprietary interest in the insured's cause of action, but its reasoning is strewn with confusion and fails to appreciate the impact of insolvency set-off on the principle of...
Persistent link: https://www.econbiz.de/10012729101
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
The Internet has completely changed the landscape of the planet. As a result, many areas of the law are being re-thought or re-developed, while other new issues emerge that defy all remotely related regulations. Online gambling is one of those areas in which the laws have lagged behind the...
Persistent link: https://www.econbiz.de/10012730060