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While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...
Persistent link: https://www.econbiz.de/10013121376
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
Law school clinical programs can help alleviate poverty and injustice by improving the delivery of entitlements to meet basic needs in disadvantaged communities. Law Schools, as other higher educational institutions, have the responsibility of contributing to social development and social and...
Persistent link: https://www.econbiz.de/10013097179
This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children's affirmative right to education under state...
Persistent link: https://www.econbiz.de/10013097250
The Supreme Court two decades back floated an idea for settle the inter-departmental disputes of the various divisions of the Government in an amicable and non-litigative manner. Towards this intent a Committee of senior departmental officers was formed to monitor such disputes and seek its...
Persistent link: https://www.econbiz.de/10013097262
This article summarizes federal legislation attempts during the past 14 years in the areas of online gambling and sport betting, arguably the most contentious gambling industry sectors. The paper first recaps the key pieces of legislation in effect as of mid-2012 governing the U.S. gambling...
Persistent link: https://www.econbiz.de/10013099569
Empirical studies of judicial behavior using judge-level data are scarce and almost exclusively focused on higher court judges in the U.S. The majority of disputes in any legal system, however, are adjudicated by lower court judges and conclusions about judicial behavior from one legal system...
Persistent link: https://www.econbiz.de/10013101347
Persistent link: https://www.econbiz.de/10013106757
The government's 2011 prosecution of hedge fund manager Raj Rajaratnam and the various investigations into the use of expert networks by hedge funds and other institutional investors have prompted questions about the law of insider trading, permissible methods of gathering information, general...
Persistent link: https://www.econbiz.de/10013108569
Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...
Persistent link: https://www.econbiz.de/10013081363