Giving Effect to Debt Compromise Arrangements–Binding The Minority or out of The Money Classes of Creditors

2017 ◽  
Author(s):  
Christopher Mallon ◽  
Shai Y. Waisman ◽  
Ray C. Schrock
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Statutory Interpretation ◽  
Insolvency Proceeding ◽  
Text Book ◽  
The Us

When it comes to remedies at a pre-insolvency proceeding stage, it can be said that England and the US are two countries separated by a common law. In particular, the hardening of common law and equitable rules into clear statements that could be set out in a text book in the nineteenth century in England does not appear to have been replicated to the same extent in the US. England has a strict system of precedent and very clear notions of equitable doctrines and statutory interpretation, whereas the US has a looser approach.

A nineteenth century botanical text-book in the Malagasy language

1988 ◽  
Vol 15 (2) ◽  
pp. 171-183
Author(s):  
LAURENCE J. DORR
Keyword(s):  
Nineteenth Century ◽  
Text Book ◽  
London Missionary Society

A botanical text-book written by the Rev. Richard Baron (1847–1907), an English missionary in Madagascar, and first published in 1882 in the Malagasy language is discussed. The text-book borrowed heavily from several nineteenth century English botanical texts that are identified. The book was used for classes at the London Missionary Society Theological College in Antananarivo, Madagascar and although there were two editions of it no copies of the first edition can be located, and only a few copies of the second edition appear to have survived.

The Attitude of the Common Law

1939 ◽  
Vol 7 (1) ◽  
pp. 81-84
Author(s):  
H. C. Gutteridge
Keyword(s):  
Common Law ◽  
Short Note ◽  
English Text ◽  
Text Book ◽  
Contractual Obligation ◽  
Short Statement ◽  
Foreign Law ◽  
The Common

The English text-book writers have very little to say about conflicts in matters of quasi-contract. Dicey, who devotes only a short note to the question, is chiefly concerned with the problem of ‘classification’ and leaves it, otherwise, very much in the air. He refers in a footnote, without any discussion of its import, to a solitary case and gives no indication as to the rules which should, in his opinion, govern the matter. Westlake treats the question with more respect but with a lack of precision. He does not attempt any analysis of the different states of fact which may give rise to the problem in practice, nor does he discuss in any detail the rules to be applied. He confines himself to the statement that there can be little doubt that the proper law of a quasi-contractual obligation ought generally to be drawn from the place with which the act that occasions it has the most real connexion. Burge's Colonial and Foreign Law contains a somewhat obscure passage dealing with a very recondite aspect of the matter, but is otherwise confined to a short, statement of the views of certain Continental authors. Baty dismisses the question as being ‘comparatively unimportant’ Foote and Cheshire ignore the problem altogether, as also do the editors of the relevant title in the Hailsham edition of Halsbury's Laws of England.

scholarly journals Road to the Civil War: The Missouri Compromise

Perceptions ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 5
Author(s):  
Julius Nathan Fortaleza Klinger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Civil War ◽  
The United States ◽  
Research Paper ◽  
Early Nineteenth Century ◽  
True Solution ◽  
Secondary Sources ◽  
The Us ◽  
Underlying Causes

The purpose of this paper is to explore the question of whether or not early nineteenth-century lawmakers saw the Missouri Compromise of 1820 as a true solution to the question of slavery in the United States, or if it was simply a stopgap solution. The information used to conduct this research paper comes in the form of a collation of primary and secondary sources. My findings indicate that the debate over Missouri's statehood was in fact about slavery in the US, and that the underlying causes of the Civil War were already quite prevalent four whole decades before the conflict broke out.

Part I Legal and Practical Challenges to Traditional Trade Finance, 7 Letters of Credit and Stop Payment Orders Made in the Issuer’s Country

2021 ◽  
Author(s):  
Enonchong Nelson
Keyword(s):  
Common Law ◽  
Critical Examination ◽  
Letter Of Credit ◽  
Rome Convention ◽  
The Us ◽  
The Law ◽  
Letters Of Credit ◽  
Contractual Obligations ◽  
Rome I ◽  
Made In

This chapter offers a critical examination of the significant, but largely unexplored, question whether, and to what extent, a foreign order restraining the issuing bank from making payment under a letter of credit can afford the issuing bank a good defence to a claim in a court outside that bank’s home jurisdiction. At common law, in England as well as in other jurisdictions, such as Hong Kong, Singapore and the US, such orders have only limited effect in the forum. This chapter argues that the approach of the English courts to article 4 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations meant that such orders could defeat a claim against the issuing bank in England only in very narrow circumstances. It goes on to examine the extent to which the changes introduced in article 4 of the Rome I Regulation of 17 June 2008 on the law applicable to contractual obligations have altered the position under English law, so that stop payment orders made in the issuer’s home jurisdiction may now have a much wider reach in England. The chapter contends that notwithstanding the amendments to article 4, in the specific context of letters of credit, the approach of the English courts under the Rome I Regulation is likely to be broadly similar to that under the Rome Convention. The Rome I Regulation has not (even unintentionally) opened the door to stop payment orders made in the issuer’s home jurisdiction.

Wanostrocht’s Practical Grammar and the grammar-translation model

2020 ◽  
Author(s):  
Simon Coffey
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Translation Model ◽  
Late Eighteenth Century ◽  
Intended Purpose ◽  
The Us ◽  
Late Eighteenth ◽  
Background Detail

Wanostrochts’s Practical Grammar was first published in London in 1780, then in the US from 1805.1 It was one of the most successful pedagogical grammars of its time, appearing in revised forms for almost a century. It was probably the first grammar to include ‘exercises’ in the same volume and represents a prototype of what would become known as the ‘grammar-translation’ manual that provided a template for most language schoolbooks throughout the nineteenth century and beyond. The analysis in this chapter considers the content of Wanostrocht’s primer as an example of late eighteenth-century language epistemology, and provides broader background detail to help better understand the context of the publication, its intended purpose, and the reasons for its enduring popularity.

Law Making

2019 ◽  
pp. 206-238
Author(s):  
John Baker
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Case Law ◽  
Symbiotic Relationship ◽  
Legal Change ◽  
Inns Of Court ◽  
History Of ◽  
The Common ◽  
Common Learning ◽  
Law Making

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.

The Authority of the Administration

2020 ◽  
pp. 45-66
Author(s):  
Janet McLean
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Radical Change ◽  
Public Trust ◽  
Administrative Law ◽  
Legitimate Authority ◽  
The Common ◽  
Theoretical Foundations

The authority claims of the administration have undergone radical change with consequences for the shape and content of administrative law. In the seventeenth century, authority was claimed in office, as a means to limit the imposition of the King’s will and to secure the independence of officials, especially the judges. In the eighteenth century, virtue, property, and independence became the basis for office, and the common law sought to enhance such authority through notions of public trust. After the nineteenth-century transition to more centralised and bureaucratic hierarchy, democracy became the new source of authority for the administration, reinforced by the ultra vires doctrine. In each era, the authority claims of the administration have been reflected in the frameworks for judicial supervision. In this way the common law has simultaneously constituted and controlled authority. In the present day we are in the process of rethinking whence administrators derive their legitimate authority and the theoretical foundations of judicial review. Beginning with the authority claims of the administration and framing a juridical response which reflects and tests such claims would be a good place to start.

Conclusion

2020 ◽  
pp. 205-212
Author(s):  
Maria A. Windell
Keyword(s):  
Nineteenth Century ◽  
Alternative Possibilities ◽  
Women's Suffrage ◽  
Reform Movements ◽  
The Us ◽  
Mexico Border ◽  
Women’S Suffrage ◽  
Us Mexico Border

Transamerican Sentimentalism concludes by returning to the 1880s and exploring how the mode translates not only across the US–Mexico border but also through language. The coda juxtaposes an 1878 suffragist document that maligns “the Mexicans, Half-Breeds and ignorant, vicious men [who] voted solid against women’s suffrage in Colorado” with Helen Hunt Jackson’s 1884 novel Ramona and José Martí’s 1888 translation thereof. Given their associations with nineteenth-century reform movements, it is perhaps unsurprising that these distinct yet varied documents use sentimentalism to generate connective possibilities. Yet the coda notes how they each also use the mode as a tool of dispossession. Within this contradiction lie the contingent, disjunctive, and anachronistic accumulations that define transamerican sentimentalism—and that open powerful alternative possibilities for hemispheric connection.

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