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The Banking Act 2009 has introduced a special regime to deal with failing banks in the UK. A feature of the legislation is the regulator's power to trigger the regime by determining whether or not a bank is likely to fail. The use of the Act with Dunfermline Building Society has highlighted the...
Persistent link: https://www.econbiz.de/10013136172
This article seeks to demonstrate that when granting relief under the Cross-Border Insolvency Regulations 2006, the English court may apply foreign law consistent with the US Chapter 15 jurisprudence. Three practical areas where the application of foreign law is often important are bankruptcy...
Persistent link: https://www.econbiz.de/10013138277
The court in Mayhew v. King 2010] EWHC 1121 (Ch) failed to recognise that the principle against divestiture has nothing to do with the principle of pari passu distribution. However, the court's actual application of the principle is in many respects a healthy repudiation of the Court of Appeal's...
Persistent link: https://www.econbiz.de/10013138278
Using law and policy as a sustainable competitive advantage source is a recent research stream. This paper illustrates how legal and policy research contributes to firms' strategy in the regulated gambling industry, defined by legislation and jurisprudence. The gambling sector has been a...
Persistent link: https://www.econbiz.de/10013113130
Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...
Persistent link: https://www.econbiz.de/10013113131
Contemporary NCAA athletics compliance administrators hold the reputation of the institution in their hands. They are charged with a plethora of duties including education, monitoring, and enforcement of all NCAA and conference rules and regulations on their campuses (Max, 2005; NCAA, 2000; Texas A&M,...
Persistent link: https://www.econbiz.de/10013113132
Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
Rosa Luxembourg's 1900 pamphlet “Reform or revolution,” which critiqued reformist political strategy, has relevance to, and finds echoes in today's debates on the possibility and desirability of using law to protect society from the market's negative effects. It also summed up the...
Persistent link: https://www.econbiz.de/10013113270
For many years, jurists have struggled to rationalise the common law rules which describe the circumstances in which it is justifiable to eschew the principle of separate legal personality which posits that a company is distinct from its members and managers. This is not particularly surprising....
Persistent link: https://www.econbiz.de/10013116418
Bank debit cards may look like credit cards, but they certainly do not act like them when it comes to account overdrafts. This does not suggest that credit cards are better than debit cards, as complaints abound concerning the transparency of fees charged to consumers for credit card...
Persistent link: https://www.econbiz.de/10013116560