Corporate Reorganization Law and Forces of Change

Author(s):  
Sarah Paterson

This book is concerned with the way in which forces of change, from the fields of finance and non-financial corporates, cause participants in the corporate reorganization process to adapt the ways in which they mobilize corporate reorganization law. It argues that scholars, practitioners, judges, and the legislature must all take care to connect their conceptual frameworks to the specific adaptations which emerge from this process of change. It further argues that this need to connect theoretical and policy concepts with practical adaptations has posed particular challenges when US corporate reorganization law has been under examination in the decade since the financial crisis. At the same time, the book suggests that English scholars, practitioners, judges, and the legislature have been more successful, over the course of the past ten years, in choosing concepts to frame their analysis which are sensitive to the ways in which corporate reorganization law is currently used. Nonetheless, it suggests that new problems may be on the horizon for English corporate reorganization lawyers in adapting their conceptual framework in the decades to come.

Author(s):  
Elliot R. Wolfson
Keyword(s):  
The Past ◽  
To Come ◽  

This chapter addresses the co-dependence of people's conceptions of end and of beginning. To comprehend the beginning, one must think of it from the perspective of futurity, from the perspective, that is, of the ultimate end. Consequently, the beginning lies not in the past but, rather, in the future. The chapter then relates this mode of philosophizing with the way people understand Jewish eschatology, which lies at the center of Jewish theorization about time. In Jewish eschatology, what is yet to come is understood as what has already happened, whereas what has happened is derived from what is yet to come. Martin Heidegger has dismissed Judaism as a religion that by its very nature cannot experience temporality authentically. Yet his own understanding of temporality accords well with rabbinic conceptions of temporality and later kabbalistic eschatologies.


2021 ◽  
pp. 1-17
Author(s):  
Youssef Cassis ◽  
Catherine R. Schenk

This chapter establishes the conceptual frameworks for assessing memories of financial crises and the ways that the past is used in periods of financial crisis. We use this framework to address three fundamental questions: first, are financial crises remembered, and if so how? Second, have lessons been drawn from past financial crises? And third, have past experiences been used in order to make practical decisions when confronted with a new crisis? These questions are of course related, yet they have been approached from different historical perspectives, using methodologies borrowed from different academic disciplines. One of the objectives of this book is to explore how these approaches can complement each other in order to better understand the relationships between remembering and learning from financial crises and how the past is used by financial institutions. It thus recognizes financial crisis as a recurring phenomenon and addresses the impact that this has in a range of public and policy contexts.


Author(s):  
Sarah Paterson

This chapter explores the way in which the shifts in the fields of finance and non-financial corporates discussed in Chapters 3 and 4 have led to changes in US secured transactions law. It examines the way in which these changes have, in turn, shifted bargaining power towards secured creditors when a debtor attempts to reorganize its debt and equity finance. However, the argument is made that this gives rise to different issues from the traditional concern for secured creditor liquidation bias when it is set in the wider organizational and institutional environment which the book has begun to examine. Turning to England, the chapter explores how the English courts have generally supported the allocation of control rights in distress to senior financial creditors. It reveals why this has, once again, made English corporate reorganization law particularly well adapted to the demands of the past decade.


1898 ◽  
Vol 30 (12) ◽  
pp. 298-300
Author(s):  
F. H. Wolley Dod
Keyword(s):  
The Past ◽  
To Come ◽  
The Hill ◽  

Chionobas.—To hear of the occurence of Chionobas Macounii in the hill-prairie district south of Calgary will doubtless be as much of a surprise to most entomologists as the discovery of it here has been to myself. That a man who, like myself, is ever on the outlook for anything fresh in the way of butterflies, should have lived for five years in Macounii locality without knowing it surpasses my comprehension. whilst overhauling, relaxing, and setting last winter from the captures of the past two seasons, I came across, amongst some papered specimens that had been handed to me by a Mr. Hudson, an ardent collector here, a papered butterfly labelled “Chionobas Chryxus, ♀, July 4th 1896,” taken amongst the spruce about twelve miles west of here; that is to say, about 26 miles to the south-west of Calgary. Now, though I have never yet seen Chryxus here, I have always been expecting to come across it amongst the spruce, and was not much surprised. However, after relaxing and setting me specimen, lo and behold! it was not Chryxus, but agreed rather closely with some C. californica♂ ♂ that I have from Ft. Klamoth, Oregon.


2001 ◽  
Vol 356 (1407) ◽  
pp. 285-297 ◽  
Author(s):  
Dale Purves ◽  
R. Beau Lotto ◽  
S. Mark Williams ◽  
Surajit Nundy ◽  
Zhiyong Yang

Many otherwise puzzling aspects of the way we see brightness, colour, orientation and motion can be understood in wholly empirical terms. The evidence reviewed here leads to the conclusion that visual percepts are based on patterns of reflex neural activity shaped entirely by the past success (or failure) of visually guided behaviour in response to the same or a similar retinal stimulus. As a result, the images we see accord with what the sources of the stimuli have typically turned out to be, rather than with the physical properties of the relevant objects. If vision does indeed depend upon this operational strategy to generate optimally useful perceptions of inevitably ambiguous stimuli, then the underlying neurobiological processes will eventually need to be understood within this conceptual framework.


2018 ◽  
Vol 29 (3) ◽  
pp. 516-546 ◽  
Author(s):  
Gahana Gopal C. ◽  
Yogesh B. Patil ◽  
Shibin K.T. ◽  
Anand Prakash

Purpose The purpose of this paper is to formulate frameworks for the drivers and barriers of integrated sustainable solid waste management (ISSWM) with reference to conditions prevailing in India. Design/methodology/approach A multi-phased approach was adopted in this paper to come up with the conceptual framework of the drivers and barriers of ISSWM. In the first phase, drivers and barriers of ISSWM were identified based on a systematic literature review process. In the second phase, 25 experts having 15 plus years of experience in the field of sustainable development and environmental management were consulted to get their opinion. Validation and understanding of the interrelationship among the selected drivers and barriers were done based on the insights from expert interviews. And in the final phase, structural self-interaction matrix and transitive links are defined based on the expert opinion to come up with the theoretical frameworks of drivers and barriers of ISSWM. Findings Findings reveal the importance to have a system view point approach by giving equal importance to social, environmental and economic pillars of sustainability along with the technology component to effectively and sustainably manage the solid waste disposal. Institutional effectiveness and the robust policy and frameworks are the two variables found to have the highest driving power. Poor social values and ethics, huge population and illiteracy are the three most critical barriers faced by developing nations in achieving the sustainability practices in the solid waste management. The proposed frameworks of drivers and barriers of ISSWM will definitely help policy makers to effectively manage the sustainable waste management practices for developing economies by focusing on the key variables listed out. Research limitations/implications One of the limitations is in the use of very limited sample size in the study. Another limitation is that total interpretive structural modeling fails to come up with the relative weightings of drivers and barriers used in the study. These limitations can be overcome by extending the research by using a semi-structured questionnaire survey with higher sample size for the empirical validation of the model. Practical implications This research will help to clearly understand the framework of drivers and barriers of variables and their hierarchical level based on the driving power and dependence. Since such articles focusing on the conceptual frameworks of drivers and barriers of ISSWM are found to be very scant, this paper will equally help academicians and waste management professionals to understand the concepts deeply, by getting answers to the fundamental questions of “what,” “why” and “how.” Developed framework of drivers explicitly shows the need to attain financial stability through the commercialization of the waste management initiatives, which will help to reduce burden on various governmental institutions. Commercialization opportunities will also help to have more successful start-up ventures in solid waste management domain that can provide improved employment opportunities and hygiene environment in the developing nations like India. Originality/value Based on the authors’ best knowledge, there is hardly any article that explicitly explains the conceptual frameworks of the drivers and barriers of ISSWM by considering the conditions prevailing in developing countries like India. And thus, this can be considered as one of the unique research attempts to build a clear conceptual framework of ISSWM. The study contributes significantly to the existing literature body by clearly interpreting the interrelationships and the driving power and dependence of variables of ISSWM.


Author(s):  
Mark Twain

‘Tom was a glittering hero once more – the pet of the old, and the envy of the young…There were some that believed he would be President yet, if he escaped hanging.’ In this enduring and internationally popular novel, Mark ogaincombines social satire and dime-novel sensation with a rhapsody on boyhood and on America's pre-industrial past. Tom Sawyer is resilient, enterprising, and vainglorious. In a series of adventures along the banks of the Mississippi, he usually manages to come out on top. From petty triumphs over his friends and over his long-suffering Aunt Polly, to his intervention in a murder trial, Tom engages readers of all ages. He has long been a defining figure in the American cultural imagination. Alongside the charm and the excitement, Twain raises serious questions about community, race, and the past. Above all, the book invites discussion of the way in which childhood is invoked to counter the uncomfortable truths of the adult world.


2002 ◽  
Vol 26 (3) ◽  
pp. 219-252 ◽  
Author(s):  
Assimakis Tseronis

The publication of a dictionary is a means to describe, codify and ultimately standardise a language. This process is complicated by the lexicographer’s own attitude towards the language and the public’s sensitivity on language matters. The recent publication of the two most authoritative dictionaries of Modern Greek and their respective lexical coverage reveals the continuing survival of the underlying ideologies of the two sponsoring institutions concerning the history of the Greek language, as well as their opposing standpoints on the language question over the past decades, some 25 years after the constitutional resolution of the Greek diglossia, affecting the way they describe the synchronic state of language. The two dictionaries proceed from opposing starting points in attempting to influence and set a pace for the standardisation of Modern Greek by presenting two different aspects of the synchronic state of Greek, one of which focuses on the long history of the language and thus takes the present state to be only a link in an uninterrupted chain dating from antiquity, and the other of which focuses on the present state of Greek and thus takes this fully developed autonomous code to be the outcome of past linguistic processes and socio-cultural changes in response to the linguistic community’s present needs. The absence of a sufficiently representative corpus has restrained the descriptive capacity of the two dictionaries and has given space for ideology to come into play, despite the fact that both dictionaries have made concessions in order to account for the present-day Greek language.


Keyword(s):  
At Risk ◽  
The Past ◽  
To Come ◽  

ARFR is a generally generation-transcending principle for everything living, ranging from culture to biology. It is an old Norse word believed to have its origin in Latin or Greek. It means Arv in Danish – inheritance in English. The project explores how we are affected by and entangled with the stories that come before us in social-spiritual-material-magical ways. In the words of feminist thinker Karen Barad: To address the past (and future), to speak with ghosts, is not to entertain or reconstruct some narrative of the way it was, but to respond, to be responsible, to take responsibility for that which we inherit (from the past and the future), for the entangled relationalities of inheritance that ‘we’ are, to acknowledge and be responsive to the noncontemporaneity of the present, to put oneself at risk, to risk oneself (which is never one or self), to open oneself up to indeterminacy in moving towards what is to-come. (Karen Barad “Quantum Entanglements and Hauntological Relations of Inheritance: Dis/continuities, SpaceTime Enfoldings, and Justice-to-Come” in Derrida Today 3.2 [2010]: 240–268)


2018 ◽  
Vol 67 (2) ◽  
pp. 206-224 ◽  
Author(s):  
Michiel Baas

This article examines the temporal dimensions of migration trajectories by focusing on a small number of Indian migrants in Singapore who identify as gay. In particular it does so by examining the way ‘being gay’ factored into their decision to come to Singapore (the past), the way it plays a role in their ongoing trajectories (the present) and the way it gradually starts taking up a more prominent role in their plans for ‘the future’. Drawing upon queer migration studies as well as recent studies with a renewed focus on the temporalities of migration, this article argues that ‘queer temporalities’ need to be understood as doubly layered. On the one hand it relates to the im/possibility of a queer (migrant) future while on the other hand pointing at an issue a growing group of migrants in general are faced with: the way rights, opportunities and ‘futures’ are queered from mainstream society. While so far the attention with reference to this has mainly been focused on low skilled migrants who, as is the case also in Singapore, are often excluded from ever permanently staying on in their host nation, with the increasing fine-tuning of migration programmes, this article argues that we need to expand our attention to other groups of variously skilled migrants as well.


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