Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....

This article considers the landscape for “unbundled” legal assistance in New Zealand. The author draws on and discusses the substantial international literature and data from a study conducted on litigants in person in the New Zealand civil court. The author concludes that unbundling may...

This Article presents a skeptical, though not dismissive, view of appraisal arbitrage. While there are benefits associated with appraisal litigation, the Article introduces both economic theory and empirical evidence demonstrating that increased levels of appraisal arbitrage also create...

Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed – variously described as ‘sound culture',...

Ordinarily, in federal practice, a plaintiff is master of the complaint. But the doctrine of "complete preemption," which affects certain federal laws, allows a defendant to recharacterize a plaintiff's state claims as being federal claims in disguise. An ordinary contract dispute, for instance,...

The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by...

Legal commensuration is a complex mechanism of valuation. Its complexity has much to do with the relational nature of the monetary exchange involved between parties in the litigational context. This article offers a framework to understand its process and outcome by focusing on the institutional...

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...