Bankruptcy law sometimes takes substantive rights as it finds them under nonbankruptcy law. Other important aspects of bankruptcy law compel the development of federal common law. Professor Vern Countryman wrote that the former Bankruptcy Act: "frequently incorporates...a state statute or rule...

In this article, Professor Skibine shows how in the last thirty years or so, the United States Supreme court has taken legal principles based on functionalism and transformed them into inflexible rules based on formalism. This has allowed the Court not only to rule against Indian tribal...

This paper examines the origins of investor protection under the common law by analysing the development of shareholder protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply suggesting a default template of rules....

This paper examines the origins of investor protection under the common law by analysing the development of shareholder protection in Victorian Britain, the home of the common law. In this era, very little was codified, with corporate law simply suggesting a default template of rules....

Before 1804, France was strictly divided in terms of legal regimes: a part was under Roman civil law while the majority of the territory was under customary laws which, as with common law, gave more flexibility to judges and fewer rights to the state. This dichotomy offers the unique opportunity...