BANKRUPTCY FORUM SHOPPING: THE UK AND US AS VENUES OF CHOICE FOR FOREIGN COMPANIES

2014 ◽  
Vol 63 (4) ◽  
pp. 815-842 ◽  
Author(s):  
Gerard McCormack
Keyword(s):  
Forum Shopping ◽  
Insolvency Law ◽  
Strategic Manoeuvring ◽  
The Public ◽  
Foreign Companies ◽  
Foreign Countries ◽  
The Us ◽  
The Uk ◽  
Substantive Law ◽  
Similar Basis

AbstractThis paper critically evaluates ‘forum shopping’ possibilities offered by the UK and US in bankruptcy/insolvency cases. While recognizing that in some quarters forum shopping has a bad name, the paper makes the point that strategic manoeuvring and transaction planning is what litigation and case management is all about. Certain countries are popular as forum shopping venues because of substantive law or the procedural advantages brought about by litigating in that country. The paper concludes that while the UK may have shut its doors too firmly against foreign forum shoppers, the US is too much a safe haven. The paper calls for a measure of jurisdictional restraint through raising entry barriers. While a bit of jurisdictional competition in insolvency law-making may be no bad thing, the US approach runs the risk of undermining important policies considered important by other countries such as the protection of employees and the public purse. It is also asymmetrical in that US bankruptcy jurisdiction is assumed in situations where, if foreign countries had acted on a similar basis, US recognition of the foreign proceedings would be denied.

Archaeologists and the Dead

2016 ◽  
Keyword(s):  
Historical Context ◽  
Ethical Considerations ◽  
International Context ◽  
The Public ◽  
The Us ◽  
The Dead ◽  
The Many ◽  
The Uk ◽  
The Relationship ◽  
Experience Effect

This volume addresses the relationship between archaeologists and the dead, through the many dimensions of their relationships: in the field (through practical and legal issues), in the lab (through their analysis and interpretation), and in their written, visual and exhibitionary practice--disseminated to a variety of academic and public audiences. Written from a variety of perspectives, its authors address the experience, effect, ethical considerations, and cultural politics of working with mortuary archaeology. Whilst some papers reflect institutional or organizational approaches, others are more personal in their view: creating exciting and frank insights into contemporary issues that have hitherto often remained "unspoken" among the discipline. Reframing funerary archaeologists as "death-workers" of a kind, the contributors reflect on their own experience to provide both guidance and inspiration to future practitioners, arguing strongly that we have a central role to play in engaging the public with themes of mortality and commemoration, through the lens of the past. Spurred by the recent debates in the UK, papers from Scandinavia, Austria, Italy, the US, and the mid-Atlantic, frame these issues within a much wider international context that highlights the importance of cultural and historical context in which this work takes place.

scholarly journals Regulating health professional scopes of practice: comparing institutional arrangements and approaches in the US, Canada, Australia and the UK

2021 ◽  
Vol 19 (1) ◽  
Author(s):  
Kathleen Leslie ◽  
Jean Moore ◽  
Chris Robertson ◽  
Douglas Bilton ◽  
Kristine Hirschkorn ◽  
...  
Keyword(s):  
Health Professional ◽  
Health Professionals ◽  
Swot Analysis ◽  
Institutional Arrangements ◽  
Scope Of Practice ◽  
Comparative Case Study ◽  
Specific Reference ◽  
The Public ◽  
The Us ◽  
The Uk

Abstract Background Fundamentally, the goal of health professional regulatory regimes is to ensure the highest quality of care to the public. Part of that task is to control what health professionals do, or their scope of practice. Ideally, this involves the application of evidence-based professional standards of practice to the tasks for which health professional have received training. There are different jurisdictional approaches to achieving these goals. Methods Using a comparative case study approach and similar systems policy analysis design, we present and discuss four different regulatory approaches from the US, Canada, Australia and the UK. For each case, we highlight the jurisdictional differences in how these countries regulate health professional scopes of practice in the interest of the public. Our comparative Strengths, Weaknesses, Opportunities, Threats (SWOT) analysis is based on archival research carried out by the authors wherein we describe the evolution of the institutional arrangements for form of regulatory approach, with specific reference to scope of practice. Results/conclusions Our comparative examination finds that the different regulatory approaches in these countries have emerged in response to similar challenges. In some cases, ‘tasks’ or ‘activities’ are the basis of regulation, whereas in other contexts protected ‘titles’ are regulated, and in some cases both. From our results and the jurisdiction-specific SWOT analyses, we have conceptualized a synthesized table of leading practices related to regulating scopes of practice mapped to specific regulatory principles. We discuss the implications for how these different approaches achieve positive outcomes for the public, but also for health professionals and the system more broadly in terms of workforce optimization.

THE LEGAL STATUS OF CENTRAL BANK INVESTMENTS UNDER ENGLISH LAW

1998 ◽  
Vol 57 (2) ◽  
pp. 374-390 ◽  
Author(s):  
WILLIAM BLAIR
Keyword(s):  
Legal Status ◽  
Case Law ◽  
Central Banks ◽  
The Public ◽  
State Immunity ◽  
The Us ◽  
English Law ◽  
The Uk ◽  
Special Provision ◽  
Made In

Central banks have enormous sums of money in various forms of investments. When claims are made either against the banks themselves, or against other governmental bodies, issues arise as to whether these assets can be attached, and made available to satisfy judgments. The article explains how central banks are treated in English law. It explains the special provision made in respect of their assets under the State Immunity Act 1978. There is wide immunity from attachment, though questions can arise as to the ownership of such assets. The UK legislation is, in some respects, wider than its counterpart, the US Foreign Sovereign Immunities Act 1976. Recent case law is described in which the English courts have recognised that the public responsibilities of central banks have to be taken account of when determining the extent of their liability to attachment.

Big Data Analytics and the Accessibility of Public Inquiries

2020 ◽  
pp. 217-230
Author(s):  
Philip Garnett ◽  
Sarah M. Hughes
Keyword(s):  
Big Data ◽  
Data Analytics ◽  
Big Data Analytics ◽  
The Public ◽  
The Us ◽  
The Uk

In this chapter, Garnett and Hughes focus on the role of big data in accessing information from public inquiries. Looking at the Chelsea Manning court martial in the US and the Leveson Inquiry in the UK, they argue that the manner in which information pertaining to inquiries is made public is, at best, unsatisfactory. They propose a variety of means to make this information more accessible and hence more transparent to the public through employing big data techniques.

scholarly journals One issue, different stories: The construction of GMO issues on Chinese, American and British mainstream media portals

2019 ◽  
Vol 2 (4) ◽  
pp. 255-275
Author(s):  
Yiqin Ruan ◽  
Jing Yang ◽  
Jianbin Jin
Keyword(s):  
New York ◽  
Media Coverage ◽  
Genetically Modified Organisms ◽  
Scientific Information ◽  
New York Times ◽  
The Public ◽  
Mainstream Media ◽  
The Us ◽  
The Media ◽  
The Uk

Biotechnology, as an emerging technology, has drawn much attention from the public and elicited hot debates in countries around the world and among various stakeholders. Due to the public's limited access to front-line scientific information and scientists, as well as the difficulty of processing complex scientific knowledge, the media have become one of the most important channels for the public to get news about scientific issues such as genetically modified organisms (GMOs). According to framing theory, how the media portray GMO issues may influence audiences’ perceptions of those issues. Moreover, different countries and societies have various GMO regulations, policies and public opinion, which also affect the way media cover GMO issues. Thus, it is necessary to investigate how GMO issues are covered in different media outlets across different countries. We conducted a comparative content analysis of media coverage of GMO issues in China, the US and the UK. One mainstream news portal in each of the three countries was chosen ( People's Daily for China, The New York Times for the US, and The Guardian for the UK). We collected coverage over eight years, from 2008 to 2015, which yielded 749 pieces of news in total. We examined the sentiments expressed and the generic frames used in coverage of GMO issues. We found that the factual, human interest, conflict and regulation frames were the most common frames used on the three portals, while the sentiments expressed under those frames varied across the media outlets, indicating differences in the state of GMO development, promotion and regulation among the three countries.

scholarly journals The Ethics and Dilemmas of Preventive Detention

2021 ◽  
Author(s):  
◽  
Geetanjali Bhim
Keyword(s):  
New Zealand ◽  
Considerable Increase ◽  
Preventive Detention ◽  
Western Society ◽  
The Public ◽  
Dangerous Offenders ◽  
The Us ◽  
Case Files ◽  
The Uk ◽  
Made In

<p>There has been a considerable increase in the use of preventive sentencing in New Zealand since the mid-1980s. It has become widely accepted across Western society that preventive sentencing and supervision regimes are needed to protect the public from dangerous offenders. This thesis examines whether the development and use of preventive sentencing regimes is ethically justified, and if not what changes need to be made in order to alleviate some of the ethical dilemmas associated with indeterminate sentencing regimes. Preventive detention practices in Australia the UK and the US are reviewed to establish general practice regarding the development of legislation, use of risk assessment and the detention of dangerous offenders. This is compared to New Zealand practices, through research and analysis of three preventive detainee case files. The files confirm that the ethics of preventive detention has shifted from protecting the rights of individual offenders to protecting the public from them.</p>

A Theory of the Executive Branch

2021 ◽  
Author(s):  
Margit Cohn
Keyword(s):  
Science Research ◽  
Executive Branch ◽  
General Level ◽  
Constitutional Theory ◽  
The Public ◽  
Political Dominance ◽  
The Us ◽  
Impossible Task ◽  
The Public Sphere ◽  
The Uk

The executive branch in Western democracies has been handed a virtually impossible task. Expected to ‘imperially’ direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, the book argues that the tension between the political dominance of the executive branch and its submission to law is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' model, the executive branch is concurrently subservient to law and dominant over it, while concepts of substantive legality are compromised. Drawing on legal and political science research, the book classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law, emergency and air-pollution law, in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This innovative book, concerned with an area that has been surprisingly under-researched on a general level beyond extensive studies of national executives, offers a theoretical foundation that should ground all analyses of the arguably most powerful branch of modern government.

8. Hate crime

2021 ◽  
pp. 211-235
Author(s):  
Angus Nurse ◽  
Mark Walters
Keyword(s):  
Civil Rights ◽  
Hate Crime ◽  
Minority Groups ◽  
Social Issues ◽  
The Public ◽  
Homophobic Violence ◽  
The Us ◽  
Civil Rights Movements ◽  
And Gender ◽  
The Uk

This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).

Electronic communications and communities

Antiquity ◽  
1997 ◽  
Vol 71 (274) ◽  
pp. 1049-1051 ◽  
Author(s):  
David L. Carlson
Keyword(s):  
Information Exchange ◽  
The Internet ◽  
Web Pages ◽  
Web Surveys ◽  
Electronic Communications ◽  
The Public ◽  
The Us ◽  
Barriers To Communication ◽  
The Uk ◽  
The Web

The barriers to communication between scholars and between scholars and the public have been falling as the Internet has grown. Although most of the publicity goes to the web, surveys show that the email is used by more people. Since it is based on characters rather than graphics, bandwidth and modem speed are less problematic than they are for web pages. In addition, while the web is the best way to disseminate information on the internet, electronic conferences and newsgroups are still the best way to interact on the internet. Electronic conferences for archaeologists began in 1986 when Sebastian Rahtz and Kris Lockyear created the ‘Archaeological Information Exchange.’ Four years later AIE begat ARCH-L and the number of archaeologists participating has grown steadily. Today ARCH-L has about 1800 subscribers in 44 different countries; most subscribers are in the US and the UK. ARCH-L now averages about 16 messages a day; just under 3000 messages were posted in the first 6 months of 1997. In addition to ARCH-L, there now are at least 40 other electronic conferences and newsgroups covering different aspects of archaeology.

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