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Outputs (16)

Judicial Discretion in Ownership Disputes over the Family Home (2014)
Presentation / Conference Contribution
Hayward, A. (2014, December). Judicial Discretion in Ownership Disputes over the Family Home. Paper presented at Association of Law, Property and Society, University of British Columbia, Vancouver, Canada

The neoliberal (il)legitimacy of the duty of loyalty (2014)
Journal Article
Attenborough, D. (2014). The neoliberal (il)legitimacy of the duty of loyalty. Northern Ireland Legal Quarterly, 65(4), 405-428

The reformulated duty of loyalty now found in s 172 of the Companies Act 2006 has been seen as imprecise or an ambiguous development for directors’ duties. It has generated debate about what is the best reading of the duty, the most fundamental aspec... Read More about The neoliberal (il)legitimacy of the duty of loyalty.

Good Offices: Grasping the Place of Law in Conflict (2014)
Journal Article
O'Donoghue, A. (2014). Good Offices: Grasping the Place of Law in Conflict. Legal Studies, 34(3), 469-496. https://doi.org/10.1111/lest.12029

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within inte... Read More about Good Offices: Grasping the Place of Law in Conflict.

Priority and rescue financing in the Commonwealth Caribbean: lessons from the United States of America, United Kingdom and European Union (2014)
Journal Article
Ashby, L. (2014). Priority and rescue financing in the Commonwealth Caribbean: lessons from the United States of America, United Kingdom and European Union. Commonwealth law bulletin, 40(2), 317-340. https://doi.org/10.1080/03050718.2014.899917

In investigating the operation of the rescue culture in the Commonwealth Caribbean as compared to the United Kingdom administration regime and Chapter 11 of the United States Bankruptcy Code, this paper laments that the Commonwealth Caribbean and the... Read More about Priority and rescue financing in the Commonwealth Caribbean: lessons from the United States of America, United Kingdom and European Union.

How Trade Law Changed: Why it Should Change Again (2014)
Journal Article
Linarelli, J. (2014). How Trade Law Changed: Why it Should Change Again. Mercer law review, 65(3), 621-668

One of the most enjoyable moments I have as an academic lawyer is when students, who have had limited exposure to the law on international economics and commerce, have the profound moment when they realize how many rules and institutions are at work... Read More about How Trade Law Changed: Why it Should Change Again.

The Right to Property. (2014)
Book Chapter
Allen, T. (2014). The Right to Property. In R. Dixon, & T. Ginsburg (Eds.), Comparative Constitutional Law in Asia (250-276). Edward Elgar Publishing. https://doi.org/10.4337/9781781002704.00018

Eminent domain - the power to take private property for public use - is an inherent aspect of sovereignty. However, the institution of private property would have little meaning if governments expropriated property without restraint. Hence, most cons... Read More about The Right to Property..

The Financial Crisis: A Reason to Improve Shareholder Protection in the EU? (2014)
Journal Article
Mukwiri, J., & Siems, M. (2014). The Financial Crisis: A Reason to Improve Shareholder Protection in the EU?. Journal of Law and Society, 41(1), 51-72. https://doi.org/10.1111/j.1467-6478.2014.00656.x

The global financial crisis of 2008 has stimulated the debate on corporate governance and shareholder protection. The intuitive reason for the topicality of shareholder protection is that insolvencies mainly harm shareholders as the companies' residu... Read More about The Financial Crisis: A Reason to Improve Shareholder Protection in the EU?.

Citations to Foreign Courts – Illegitimate and Superfluous, or Unavoidable? Evidence from Europe (2014)
Journal Article
Gelter, M., & Siems, M. (2014). Citations to Foreign Courts – Illegitimate and Superfluous, or Unavoidable? Evidence from Europe. The American Journal of Comparative Law, 62(1), 35-85. https://doi.org/10.5131/ajcl.2013.0012

The theoretical arguments in favor and against citations to foreign courts have reached a high degree of sophistication. Yet, this debate is often based on merely anecdotal assumptions as to their actual purpose. This Article aims to fill this gap in... Read More about Citations to Foreign Courts – Illegitimate and Superfluous, or Unavoidable? Evidence from Europe.