Bankruptcy. Corporate Reorganization. State Court Holds Stockholders Contract for Attorney Fees in Exclusive Bankruptcy Jurisdiction Although Bankruptcy Court Earlier Held Contra

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.

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Ships, sovereign immunity and the subtleties of the Brussels I regulation: Case C-641/18 LG and others v. Rina SpA, Ente Registro Italiano Navale: Ships, sovereign immunity and the subtleties of Brussels I: Rina

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x211005973 ◽

2021 ◽

pp. 1023263X2110059

Author(s):

Vincent Power

Keyword(s):

Member State ◽

International Law ◽

Red Sea ◽

State Court ◽

Private Law ◽

Eu Law ◽

Commercial Activity ◽

Sovereign Immunity ◽

Public International Law ◽

Flag State

More than 1000 passengers on a Panamanian-registered ferry drowned in the Red Sea. Some survivors and relatives of some of the victims sued the classification and certification ship society which had surveyed the ferry. Relying on the Brussels I Regulation, the plaintiffs sued the defendants in the latter’s seat (in Italy). The defendants claimed sovereign immunity as they were acting on behalf of Panama (that is, the flag state). The CJEU ruled that, generally, Article 1(1) of the Regulation means that an action for damages, brought against private-law corporations engaged in the classification and certification of ships on behalf of, and upon delegation from, a non-EU Member State, falls within the concept of ‘civil and commercial matters’ in the Regulation. The defendants were therefore not immune. The CJEU qualified its ruling by saying that this is conditional on the activity being not exercised under ‘public powers’ (within the meaning of EU law) because then it would then be a sovereign and not a commercial activity. The CJEU thereby ruled that the customary public international law principle that foreign states have immunity from jurisdiction does not preclude an EU Member State court seised of a dispute from exercising jurisdiction under the Regulation in these circumstances.

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An Update to the Squire State Court of Last Resort Professionalization Index

State Politics & Policy Quarterly ◽

10.1017/spq.2020.7 ◽

2021 ◽

pp. 1-8

Author(s):

Peverill Squire ◽

Jordan Butcher

Keyword(s):

Relative Stability ◽

State Courts ◽

State Court ◽

Reform Movements ◽

Current Version ◽

The Future ◽

Relative Standing

Abstract The current version of the Squire state court of last resort professionalization index is regularly used in studies of state courts. We have updated the index for 2019, producing a second and more recent index. Given the relative stability between this index and its predecessor, it is unlikely that many findings will change. During the 15 years that lapsed between the first index and the more recent one, little changed in most states, while reforms in a few places substantially shifted the relative standing of their court of last resort. It seems unlikely that the nation will experience any sweeping reform movements impacting state courts of last resort across the board. The more likely scenario is the sort of idiosyncratic changes impacting a few courts that were witnessed over the last decade and a half. Thus, looking to the future, it may be prudent to update the index every 5–10 years to capture any notable alterations.

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