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Jokubauskas R: International Insolvency
Law and the Treatment of Assets

International Insolvency Law and the Treatment of Assets

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Facing foreclosure? Put together a plan and take action. Don't wait to take action if you're behind in mortgage payments and facing a potential foreclosure. Foreclosure filings are rising again nationwide, and The Foreclosure Survival Guide covers your options for avoiding the loss of your home or at least delaying it. The strategies and useful information in this book will give you the tools you need to develop a plan to try to keep your home or decide if it makes sense to move on. This guide can help you learn how to navigate foreclosure and potentially stay in your home. It gives you the practical information you need, including: <ul> <li>the ins and outs of foreclosure</li> <li>how to decide whether you should try to keep your house</li> <li>what programs are available to potentially save your home, and how to apply for them</li> <li>how to bring your loan current in Chapter 13 bankruptcy</li> <li>if you can't stay in your home, how to avoid unnecessary costs by filing for Chapter 7 bankruptcy</li> <li>what alternatives for giving up the property, like a short sale or deed in lieu of foreclosure, are available, and</li> <li>how to avoid becoming the victim of a foreclosure rescue scam.</li> </ul> This book's powerful yet practical advice also explains the 120-day foreclosure waiting period before foreclosure starts, how the foreclosure process works in each state, potential tax consequences, and more. This edition is updated with the latest information on mortgage-assistance programs for homeowners, federal mortgage servicing laws, HOA foreclosures, property tax foreclosures, and recent court decisions affecting homeowners' rights. Foreclosure can be an intimidating and scary experience. The stress of potentially losing the family home can drive people to make mistakes, either by doing the wrong thing or failing to act at all. You need to know your options if you're having trouble making your mortgage payments or are already in danger of foreclosure. Your actions are vitally important if you want to keep your home or at least get through the process with as little anxiety as possible. This book has essential tips on what to do--and what not to do--if you're facing a foreclosure.

The Foreclosure Survival Guide

Islamic Law in Context

Maqāṣid al-Sharīʿa and Intergenerational Justice

Governance of Common Resources and Islamic Law

Routledge Research in Media Law

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies. The vast majority of media self-regulatory codes impose an obligation not to disclose the identity of such sources, but many legal systems have traditionally been reluctant to offer such a degree of protection to anonymous sources, or any at all. However, the latter part of the twentieth century and early twenty-first century has seen an explosion in the number of such 'source protection' laws, and much judicial and legislative activity to change existing laws.Drawing on media and communications theories the book identifies a number of different theoretical justifications for source protection laws and analyzes whether the application of existing laws are consistent with any of these theories. Using legal materials and codes from a wide variety of countries it considers whether there are any noticeable trends in how different countries address this issue. It explores the influence of the United States and the European Court of Human Rights' jurisprudence on the matter beyond their jurisdictions, and asks the question whether this is an area of law captured by 'globalisation,' or whether countries with different constitutional and media traditions have developed different approaches to 'source protection.'Finally having assess the arguments in support of source protection laws Damian Carney puts forward a model clause and model shield law for the protection of anonymous sources which is theoretically and practically robust.

This book considers whether news gatherers should be required to disclose the identity of anonymous sources used in their stories by courts or other bodies.

A Comparative, Theoretical and Critical Analysis

Journalists, Anonymous Sources and the Law

Building Corporate Venture Programs that Drive Market Leadership

The Innovation Capital Playbook

Hart Studies in Private Law

This book undertakes a unique enquiry into the puzzling doctrine of undisclosed agency. Following an introduction to the doctrine and those issues that its conceptual uncertainty poses for commerce, it then charts a course through the core categories of obligations: contract, equity, tort, and unjust enrichment. In each case, various theses are explored in detail in order to identify the most robust, compelling, and commercially-appropriate rationalisation of undisclosed agency. It brings much needed clarity to a complex field of private and commercial law.

Rationalising Undisclosed Agency

Previously known as Drafting Agreements in the Biotechnology and Pharmaceutical Industries, this title provides precedent agreements for the main types of commercial transaction encountered in the life sciences, biotechnology and pharmaceutical industries. In addition to the print version, each precedent is available via an accompanying website in a format which can be easily downloaded and edited. Detailed commentary on legal, commercial and practice issues accompanies every precedent. Provided by specialist lawyers from across Europe, this commentary also highlights important differences between English law and that of other key EU jurisdictions: Germany, France, the Netherlands, Spain and Sweden. Commentary on specific considerations for the US is also provided. In addition to precedent commentaries, the book also contains detailed commentary and discussion of legal issues common to the life sciences, biotechnology and pharmaceutical industries, as well as links to relevant materials (eg regulatory materials on clinical trials). This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Drafting Agreements in Life Sciences

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Banking, Money and International Finance

Human-Centred Intelligent Finance

AI, Fintech, and the Future of Global Financial Systems

Hart Studies in Commercial and Financial Law

This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

Code of Federal Regulations, Title 12 Banks and Banking

Presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration.

Code of Federal Regulations, Title 12 Banks and Banking 1026-1099, Revised as of January 1, 2025

Emerging Legal Education

Exploring the broader, non-technical, social and political senses of being situated, this edited collection provides a range of different substantive perspectives on situated learning in legal education.The expert cast of contributors to this book highlight the theory, practice, and impact of situated learning in legal education. Chapters apply situated learning to topics including climate change, First Nations and Indigenous voices, inclusion and belonging, authentic assessment, and generative artificial intelligence. The book questions what differences these intersecting contexts and situations - including the technological, the decolonial and the climatological - make to the practice and thinking of legal educators. In doing so, it considers how legal knowledge and professional identity are shaped through participation, experience, and engagement with communities and real-world problems, and what situated learning can contribute to the future of legal education.This book will be of interest to researchers in the fields of legal education, higher education, digital law, climate change law and decolonial law, as well as legal educators and practitioners interested in curriculum, assessment and educational innovation.

Context, Participation and Practice

Situated Learning in Legal Education

International Insolvency Law and the Treatment of Assets

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