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Lifland J's decision in Re Bear Stearns High-Grade Structured Credit Strategies Master Fund (Bankr.S.D.N.Y. September 5, 2007) clearly comports with the intent and structure of chapter 15 that the determination of the existence of a foreign main or non-main proceeding is a definitional matter,...
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Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731895
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731969
From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by inter alia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are...
Persistent link: https://www.econbiz.de/10012773133
This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five...
Persistent link: https://www.econbiz.de/10012776597
This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...
Persistent link: https://www.econbiz.de/10012953269
Russian Abstract: Статья посвящена анализу феномена корпоративных отношений в контексте включения таких отношений в предмет гражданско-правового регулирования....
Persistent link: https://www.econbiz.de/10012961619
This article aims to present a critical view on the use of personal data in the current scenario of hyper-connectivity, bringing to the fore, as an alternative, the possibility of self-managing data, based on a concrete project. We will first present a panorama of privacy in the twenty-first...
Persistent link: https://www.econbiz.de/10012910391
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