Bankruptcy literature is increasingly accepting the continued existence of bankruptcy and secured debt and becoming more interested in analyzing specific features thereof. This article undertakes such a task, analyzing the entitlement to the going-concern surplus (GCS) generated during corporate...

This article is about the origins, betrayal, and litigation of a promise of law. In 1942, while it ordered the internment of 21,457 Canadians of Japanese descent, the Canadian government enacted orders-in-council authorizing the Custodian of Enemy Property to seize all real and personal property...

This chapter examines the issue of coexistence of genetically modified organisms (GMOs) alongside conventional and organic crops. The central focus is on whether there is a veritable opportunity for coexistence of all three types of crops, which allows for freedom of choice by both farmers and...

Is autonomy “natural”? In Ecolawgic: The Logic of Ecosystems and the Rule of Law, I argue that a legal system of intrinsic neutrality is one over which no political office or branch of government has control and in which individuals have the autonomy to pursue their own interests. In...

Cryptocurrencies such as bitcoin or ethereum are gaining ground not only as alternative modes of payment, but also as platforms for financial innovation, particularly through token sales (ICOs). All of these ventures are based on decentralized, permissionless blockchain technology whose...

Trust drafting practices have changed dramatically in recent decades. A range of considerations has led to an increase in the dispositive discretions held by trustees. In some cases, the trustees' dispositive discretions effectively govern the whole trust structure, leading to what the author...

The present value discount rate is about the investor, the expected market rate of return on his best alternative asset (BAA), his opportunity cost of buying a subject asset (not the subject's rate of return, subject owner's/seller's cost of capital, nor the required rate of return on an...

This paper will explore the benefits of using the social obligation norm account of private property in the environmental law context. Using a selection of tradeable environmental allowance regimes from New Zealand and Australia, it will argue that the social obligation norm avoids the...