scholarly journals PRIORITY AS PATHOLOGY: THE PARI PASSU MYTH

2001 ◽  
Vol 60 (3) ◽  
pp. 581-621 ◽  
Author(s):  
Rizwaan Jameel Mokal
Keyword(s):  
Case Law ◽  
Accurate Description ◽  
Insolvency Law ◽  
Distinctive Features ◽  
Actual Role ◽  
The Status ◽  
Corporate Rescue ◽  
Rescue Procedures

This paper argues that the pari passu principle of insolvency law does not fulfil any of the functions often attributed to it. It does not constitute an accurate description of how the assets of insolvent companies are in fact distributed. It has no role to play in ensuring an orderly winding up of such companies. Nor does it underlie, explain, or justify distinctive features of the formal insolvency regime, notably, its collectivity. The case-law said to support the pari passu principle serves actually to undermine its importance. And the principle has nothing to do with fairness in liquidation. The substantive argument in the paper concludes by examining the actual role of the principle. The arguments made here have important implications for almost every debate about insolvency law, from the status of secured and preferential creditors to the appropriate role of corporate “rescue” procedures.

scholarly journals What does ‘intent to destroy’ in genocide mean?

2009 ◽  
Vol 91 (876) ◽  
pp. 833-858 ◽  
Author(s):  
Kai Ambos
Keyword(s):  
Case Law ◽  
Legal Doctrine ◽  
New Approach ◽  
Knowledge Based ◽  
The Status ◽  
Long Time ◽  
Combined Structure ◽  
Mental Element ◽  
Teleological Interpretation

AbstractGenocide is a crime with a double mental element, i.e. a general intent as to the underlying acts, and an ulterior intent with regard to the ultimate aim of the destruction of the group. The prevailing view in the case-law interprets the respective ‘intent to destroy’ requirement as a special or specific intent (dolus specialis) stressing its volitional or purpose-based tendency. While this view has been followed for a long time in legal doctrine without further ado, it has recently been challenged by knowledge- and structure-based approaches, which have not received sufficient attention. A historical, literal, systematic and teleological interpretation of the ‘intent to destroy’ requirement, taking into account the particular structure of the genocide offence and the meaning of ‘intent’ in comparative law, reveals that the traditional view can no longer be maintained. It should be replaced by a combined structure- and knowledge-based approach that distinguishes according to the status and role of the (low-, mid- and top-level) perpetrators. Thus, the purpose-based intent should be upheld only with regard to the top- and mid-level perpetrators, whereas for the low-level perpetrators knowledge of the genocidal context should suffice. Lastly, this new approach requires a fresh look at the ‘intent to destroy’ requirement in cases of participation in genocide.

scholarly journals The The Role of Public Order Regulations as Acts of Local Law in the Performance of Tasks in the Field of Public Security by Local Self-government in Poland

2021 ◽  
Vol 19 (1) ◽  
pp. 111-129
Author(s):  
Jaroslaw Kostrubiec
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Public Security ◽  
Public Order ◽  
Effective Performance ◽  
The Status ◽  
The Subject ◽  
Local Law ◽  
Visegrad Group

The subject of the article are the issues concerning the enactment by local self-government bodies in Poland of a special category of acts of local law, i.e. public order regulations. Public order regulations belong to the sources of universally binding law in Poland. Not only government administration bodies, but also local self-government may adopt them. By means of public order regulations, such values as: life, health, property of citizens, environment, public order, peace and public security are protected. The status of public order regulations in the Polish legal order, which are bodies of local self-government units to protect the life or health of citizens and to ensure public order, peace and security, is not the subject to clear legislation or consent among scholars in the field and in relevant case-law. Therefore, the aim of the article is to determine the legal status of local law acts in the form of public order regulations in Poland and to define their role in the performance of tasks in the field of public security by local self-government. The author refers also to relevant legal solutions applicable in other member states of the Visegrad Group. The main thesis of the article is a statement that acts of local law in the form of public order regulations are a desirable manifestation of the law-making decentralisation of the state, which is necessary for the effective performance of tasks in the field of public security by local self-government bodies.

Pictures as Precedents

2017 ◽  
Author(s):  
Peter Goodrich
Keyword(s):  
Child Custody ◽  
Case Law ◽  
Visual Media ◽  
Recent Case ◽  
Legal Practice ◽  
Legal Argument ◽  
Judicial Decisions ◽  
The Status ◽  
The Impact

Contemporary expansion of the use of images, photographs, film, animation and other visual media in legal argument has given rise to a practice and subdiscipline of visual advocacy. Less studied and commented on, this scopic dimension to legal practice has also resulted in an increasing use of images in judicial decisions. Recent case law provides examples of an image of an ostrich with its head buried purportedly remonstrating against failure to cite binding precedent, a smiling emoji in a decision relating to child custody, numerous splash pages and online order icons in cases relating to consumer purchases over the net, and many further instances of pictures coming to play the law. This chapter directly addresses the role of the eye and the impact of the visual upon the reasoning of judgments, as also on the status and import of precedents that include pictures.

Corporate Insolvency Law and Reforms in South Africa

2019 ◽  
pp. 88-106
Author(s):  
Amit Kumar Kashyap ◽  
Harsha Asnani
Keyword(s):  
South Africa ◽  
South African ◽  
Insolvency Law ◽  
Corporate Insolvency ◽  
Corporate Rescue ◽  
Rescue Procedures ◽  
Legal Infrastructure

Every country has provided business recuse system and a regime for the protection of insolvent debtors. South Africa has had this legal infrastructure since 1926 when the statutory procedure of judicial management was introduced by the Companies Act 1926. The chapter discusses the judicial management, mechanisms to secure unpaid debts, carrying on business during insolvency, and the new corporate rescue procedures applicable for South African companies as provided in Companies Act 2008. The chapter also puts a light on corporate insolvency informs in South Africa.

scholarly journals The Legal Framework of Corporate Rescue Procedure: A Brief Overview

2015 ◽  
Vol 4 ◽  
pp. 57-65
Author(s):  
Saquib M Shadman
Keyword(s):  
Present Status ◽  
Legal Framework ◽  
Insolvency Law ◽  
The Law ◽  
Corporate Rescue ◽  
Rescue Procedures ◽  
Rescue Procedure ◽  
Insight Into

This paper is designed to throw an insight into the legal framework of corporate rescue procedure of the companies in the case of insolvency which are generally governed by insolvency laws. It analyzes the present status and application of insolvency law of our country in the context of companies, by comparing the same with the law of England & Wales. The paper contains major provisions of the present law relating to corporate rescue procedures in English jurisdiction including landmark judgments given in that context. By this comparison, the paper aims to provide the reader with the instigation of thought for making possible improvements in our present law by way of implementing rescue procedures for companies which are in financial difficulties.Northern University Journal of Law Vol.IV 2013; p.57-65

scholarly journals Common and distinctive features of judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power

2021 ◽  
pp. 79-86
Author(s):  
I. M. Yusko
Keyword(s):  
Public Authorities ◽  
Distinctive Features ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
The Status ◽  
Administrative Proceedings ◽  
The Cost ◽  
First Time ◽  
Court Mediation

The article examines the place of disputes over appeals against decisions, actions or omissions of the subjects of power in modern conditions. Some scientific views on the classification of types and kinds of mediation as a legal institution are analyzed. Existing models of mediation are identified. It is stated that in the Ukrainian legal system there are two possible models of mediation: judicial and extrajudicial. The own concept of «judicial mediation» is formulated. It is argued that judicial mediation is provided by administrative procedural law in the form of dispute resolution with the participation of a judge. The content of out-of-court mediation and its significance in administrative disputes are revealed. Features and signs of judicial and extrajudicial mediation are described. It is stated that judicial mediation is rarely used in administrative proceedings, and there are no mechanisms for the use of out-of-court mediation. The essence of judicial and extrajudicial within the framework of resolving disputes concerning appeals against decisions, actions or omissions of subjects of power has been studied. Modern scientific approaches to the ratio of components of judicial, extrajudicial mediation and litigation are generalized. It is proved that in science there is no single approach to the characteristics of extrajudicial and judicial mediation. For the first time, the author provides a comparative description of the main elements of judicial and extrajudicial mediation in disputes concerning the appeal of decisions, actions or omissions of the subjects of power. The role of judicial and extrajudicial mediation as legal institutions is defined. The possibility of using judicial and extrajudicial mediation in disputes concerning appeals against decisions, actions or omissions of subjects of power has been established. The basic principles of judicial and extrajudicial mediation are formulated. The status of a mediator in judicial and extrajudicial mediation is revealed. The functions of the mediator are highlighted. The duration of judicial and out-of-court mediation procedures is stipulated. The cost of judicial and extrajudicial mediation procedures is substantiated. The essence and content of the result of judicial and extrajudicial mediation procedures are determined. It is proved that judicial and extrajudicial mediation in disputes with public authorities and their officials have their advantages and disadvantages. In particular, it was found that, compared to judicial, out-of-court mediation in disputes over appeals against decisions, actions or omissions of subjects of power is a more effective conciliation procedure, but there are questions about the level of professionalism and education of the mediator. Ways are provided to improve the implementation of judicial and extrajudicial mediation in resolving disputes concerning appeals against decisions, actions or omissions of the subjects of power.

The Practice and Case Law of Israel in Matters Related to International Law

1994 ◽  
Vol 28 (4) ◽  
pp. 707-730 ◽  
Author(s):  
Deborah Perla
Keyword(s):  
International Law ◽  
Catholic Church ◽  
Case Law ◽  
The State ◽  
Territorial Disputes ◽  
Diplomatic Relations ◽  
Holy See ◽  
The Status ◽  
State Of Israel

I. The Fundamental Agreement between the Holy See and the State of IsraelOn December 30, 1993, the Fundamental Agreement between the Holy See and the State of Israel was signed in Jerusalem by representatives of both parties. The agreement, which precedes the first diplomatic relations entered into between the Holy See and the State of Israel, covers areas of international relations which include both general issues such as human rights and freedom of religion and particular issues regarding Vatican-Israel relations, such as the status of the Catholic Church in Israel and the role of the Holy See in territorial disputes in the region. The goals and meanings of many of the provisions of the Agreement have as yet to be further defined however, and several of them will be discussed following a brief survey of the historical events leading to the conclusion of this agreement.

The study of interfacial reactions of nickel thin films on GaAs

1983 ◽  
Vol 41 ◽  
pp. 156-157
Author(s):  
L.J. Chen ◽  
Y.F. Hsieh
Keyword(s):  
Thin Films ◽  
Integrated Circuits ◽  
Interfacial Reactions ◽  
Metal Contacts ◽  
Nickel Thin Films ◽  
Thin Foils ◽  
The Status ◽  
Si Doped ◽  
Electron Microscopes

One measure of the maturity of a device technology is the ease and reliability of applying contact metallurgy. Compared to metal contact of silicon, the status of GaAs metallization is still at its primitive stage. With the advent of GaAs MESFET and integrated circuits, very stringent requirements were placed on their metal contacts. During the past few years, extensive researches have been conducted in the area of Au-Ge-Ni in order to lower contact resistances and improve uniformity. In this paper, we report the results of TEM study of interfacial reactions between Ni and GaAs as part of the attempt to understand the role of nickel in Au-Ge-Ni contact of GaAs.N-type, Si-doped, (001) oriented GaAs wafers, 15 mil in thickness, were grown by gradient-freeze method. Nickel thin films, 300Å in thickness, were e-gun deposited on GaAs wafers. The samples were then annealed in dry N2 in a 3-zone diffusion furnace at temperatures 200°C - 600°C for 5-180 minutes. Thin foils for TEM examinations were prepared by chemical polishing from the GaA.s side. TEM investigations were performed with JE0L- 100B and JE0L-200CX electron microscopes.

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

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