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insolvent abroad. Into only one of these provisions (§ 304) did it deposit the entirety of its regulation of a foreign …
Persistent link: https://www.econbiz.de/10014253896
Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...
Persistent link: https://www.econbiz.de/10014102337
Could North Korea (officially, the Democratic People’s Republic of Korea) actually become Northeast Asia’s next big free market economy? At first blush, economic optimism about the Hermit Kingdom seems incredibly misplaced. North Korea is one of the most repressive countries in the world;...
Persistent link: https://www.econbiz.de/10014361078
As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...
Persistent link: https://www.econbiz.de/10014343748
Under what circumstances do third parties have standing to assert a decedent’s cause of action under various federal consumer protection statutes? Over time, federal courts opted to adopt a unique set of principles to guide this determination. This short article affords an overview of these tenets
Persistent link: https://www.econbiz.de/10014255565
According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling...
Persistent link: https://www.econbiz.de/10014255566
Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...
Persistent link: https://www.econbiz.de/10014165060
Franchising serves as one of the most popular forms of owning and operating a business. As the franchise model has grown, so too have issues in vicarious liability. Over the years, multiple methods of allocating the blame to franchisors have developed, such as through statutory construction or...
Persistent link: https://www.econbiz.de/10014243816
A festering ambiguity buried within the thirteenth chapter of the Bankruptcy Code threatens to shadow future rehabilitations of any mixed-use development owned by one or more individuals or proprietorships eligible to file for relief under that chapter. The reason for this pendant danger...
Persistent link: https://www.econbiz.de/10013227800
Amongst the group of related sections touching upon the creation and administration of a plan of debt adjustment pursuant to Chapter 13 of the Bankruptcy Code (“Code”), just one—§ 1329—concerns post-confirmation modification. This section’s first lettered paragraph enumerates the...
Persistent link: https://www.econbiz.de/10013228113