Now showing items 11-20 of 40
'Repeal Amendment' foes misstate potential impact
Craig W. Dallon, Op-Ed, 'Repeal Amendment' Foes Misstate Potential Impact, Omaha World-Herald, Jan. 31, 2011, at 5B.
"Reasonably equivalent value" in § 548 avoidance actions: An analytical framework post-In re TOUSA, Inc.
Irina Fox, “Reasonably Equivalent Value” in § 548 Avoidance Actions: An Analytical Framework Post-In re TOUSA, Inc., 20 Norton J. Bankr. L. & Prac. 469 (2011).
Avoidance powers in bankruptcy are designed to prevent the debtor from fraudulently siphoning away his property on the verge of bankruptcy. Usually, a trustee in bankruptcy can avoid prepetition transfers of the debtor’s ...
Status of corporations in the Travaux Préparatoires of the Genocide Convention: The search for personhood
Michael J. Kelly, The Status of Corporations in the Travaux Préparatoires of the Genocide Convention: The Search for Personhood, 43 Case W. Res. J. Int'l L. 483 (2011).
This article delves into the negotiating history of the 1948 Genocide Convention to determine whether corporations were intended to be included or excluded in the term "persons" as that term is used in the treaty and, ...
Iraq 2003-2013: A tragedy in three acts
Michael Kelly, Op-Ed, Iraq 2003-2013: A Tragedy in Three Acts, JURIST, Dec. 16, 2011, http://jurist.org/forum/2011/12/michael-kelly-iraq-retrospective.php.
Murky mess of MERS: The complications of collecting on promissory notes when MERS is around
David P. Weber, The Murky Mess of MERS: The Complications of Collecting on Promissory Notes when MERS is Around, ConsiderChapter13.ORG (Apr. 10, 2011).
In this era of "robo-signers," asset-backed securities and unprecedented foreclosures, the mechanics of collecting on a promissory note accompanying a mortgage or deed of trust are often forgotten or not followed for a ...
What to do when things go wrong
Linda S. Scheirton, Keli Mu & Catherine Mahern, What to Do when Things Go Wrong, in Foundations in Patient Safety for Health Professionals, 121 (Kimberly A. Galt & Karen A. Paschal eds., 2011).
Low-intensity computer network attack and self-defense
Sean Watts, Low-Intensity Computer Network Attack and Self-Defense, 87 Int'l L. Stud. 59 (2011), reprinted in 41 Israel Yearbook on Human Rights 83 (Yoram Dinstein ed., 2011).
Newly created State cyber security agencies, the reality of cyber attacks, and evolutions in cyber attack strategy will have important effects on the UN Charter's security regime, specifically the law governing States' ...
Coercive use of immigration status in a civil society
David P. Weber, The Coercive Use of Immigration Status in a Civil Society, Neb. Law., Nov./Dec. 2011, at 11.
Anti-bootlegging provisions: Congressional power and constitutional limitations
Craig W. Dallon, The Anti-Bootlegging Provisions: Congressional Power and Constitutional Limitations, 13 Vand. J. Ent. & Tech. L. 255 (2011).
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...
Ending corporate impunity for genocide: The case against China's state-owned petroleum company in Sudan
Michael J. Kelly, Ending Corporate Impunity for Genocide: The Case Against China's State-Owned Petroleum Company in Sudan, 90 Or. L. Rev. 413 (2011).
This case study explores the corporate criminal liability of the Chinese National Petroleum Corporation (CNPC) for complicity in the Darfur genocide in Sudan. Together with theoretical elements published elsewhere, this ...