The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...

This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...

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...

What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

New Zealand lawyers are dealing increasingly with Japan, and with its big corporations. This article discusses points of interest which arise, e.g. Cross-cultural overview, the status of the merchant, the development and use of law, Japanese strength of tradition and how Japan and its business...

This article addresses the issue of insurance coverage for commercial enterprises as a consequence of the recent spate of droughts in the southwestern United States. This almost two-decade long drought results from increasing temperatures and climate change. The article posits that damage or...

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...

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...

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...