1,281 research outputs found
Equitable Subordination, Fraudulent Transfer, and Sovereign Debt
Feibelman focuses on two particular doctrines of lender liability-equitable subordination and fraudulent transfer, expanding upon proposals to employ private domestic law as a strategy for addressing the problem of odious debt. Although doctrines of equitable subordination and fraudulent transfer do not appear to have been applied to sovereign debt by US courts in the past, both should be available to sovereigns\u27 creditors in most if not all US jurisdictions. In addition, he also addresses practical, doctrinal concerns as well as normative implications of employing theories such as equitable subordination and fraudulent transfer to respond to the problem of odious debt. These doctrines arguably capture the precise harm of odious debt better than other doctrines of private law
Bulletin of the Massachusetts Archaeological Society, Vol. 41, No. 1
Introduction (John Rosser) The Geological Setting of the Green Hill Site (David C. Roy) Petrography, X-ray Diffractometer Analysis and Quarry Sites (Douglas DeNatale) The Paleoethnobotany of Green Hill (Lawrence Kaplan) Recent Wild Fauna (Robert Stanhope) References Cited (Parts 1 and 2
A Bankruptcy Trap for the Unwary Creditor: Equitable Subordination Resulting from Excess Creditor Control
Analysis of Stress Distribution in Torsional Shear Testing
The research described herein is concerned with the establishment of a specimen geometry that will lead to a more uniform stress distribution in cyclic torsional shear testing. This goal is realized by means of a parametric study using the method of finite elements and a homogeneous, isotropic, linear-elastic soil characterization. The results of these analyses provide a good qualitative measure of the relative effects of the several parameters under consideration. On the basis of the parametric study, design charts are developed which enable an appropriate specimen geometry to be selected for any specified degree of stress uniformity
The learning portfolio in higher education: an integrative review
The learning portfolio is often lauded as a powerful pedagogical tool, and consequently,
is rapidly becoming a central feature of contemporary education. This paper synthesizes and
critically reviews the literature pertaining to its use in higher education contexts specifically. Three
key themes are identified and discussed. First, although the theory underlying the use of learning
portfolios is promising, robust empirical evidence supporting their effectiveness remains sparse.
Second, the tool is rooted in a complex pedagogy, and its potential can only be realized if the
processes underlying this pedagogy are properly understood by advocates and executed by users.
Third, there is a recurring tension between the developmental (process) and evaluative (product)
conceptualizations of the learning portfolio. On the basis of these findings, some recommendations
for future research and practice in this area are identified
Passion & Purpose: Raising the Fiscal Fitness Bar for Massachusetts Nonprofits
Presents data on and financial analyses of the state's nonprofit sector by organization type, budget, focus area, and location. Recommends better financial stewardship, restructuring, repositioning, and reinvestment to enhance nonprofits' sustainability
In Re Yellowstone Mountain Club: Equitable Subordination to Police Inequitable Conduct by Non-Insider Creditors
The Creative Economy in Maine: Measurement & Analysis
The Creative Economy is today a large and important part of Maine’s economy. The data in this study show that both the arts & culture and technology sectors of the Creative Economy are large and growing. Arts & culture industries have exhibited particularly strong employment growth at a time when major parts of our technology industries have seen significant employment declines. Although concentrated in urban areas, arts & culture industries flourish throughout Maine, and it is outside urban counties that this economy particularly blooms during the summer
Making Sense Out of Bankruptcy Courts\u27 Recharacterization of Claims: Why Not Use § 510(c) Equitable Subordination?
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