{"title":"Theorising About Insolvency Law and the Public Interest in the Context of Insolvent Utilities: An Australian Perspective","authors":"A. Wardrop","doi":"10.2139/SSRN.2786455","DOIUrl":"https://doi.org/10.2139/SSRN.2786455","url":null,"abstract":"The insolvency of a privatised utility raises problems of balancing the general public's interest as consumers of the essential service and the interests of other stakeholders particularly creditors. One mechanism of dealing with this conflict is to incorporate the notion of the public interest within insolvency regulation. This article discusses theoretical justifications for incorporating public interest issues into insolvency law when dealing with insolvent utilities. The article argues that while that the indeterminacy argument provides a strong rationale for refusing to open up insolvency law to all interests that might have a nexus to financial distress of ordinary trading companies, the special nature of essential services tips the balance in favour of a limited use of the public interest within insolvency regulation of utilities. One problem with incorporating the public interest within regulation relates to definitional difficulties and the article discusses the different ways in which theorists have approached the problem of providing a coherent basis for identifying the public interest. The article identifies 6 elements that may comprise the public interest in utility insolvencies.","PeriodicalId":227672,"journal":{"name":"La Trobe Law School - Law & Justice Research Paper Series","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127788848","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Valuing Discretionary Interests and Accompanying Rights","authors":"Tobias J. Barkley","doi":"10.2139/SSRN.2753385","DOIUrl":"https://doi.org/10.2139/SSRN.2753385","url":null,"abstract":"Many modern family and commercial trusts contain trustee discretionary powers. It is through these powers that the property held in these trusts are distributed to beneficial objects. As such being the object of such a power can be an important source of funds. The desirability of such a position is enhanced if the object of the power also holds powers that enable indirect control of the trust, such as a power to remove trustees and appoint new trustees. This paper investigates whether standard legal valuation principles could be used to put a monetary value on these types of interests. The paper accepts for this purpose that such interests might be 'property' but makes no argument on this point.","PeriodicalId":227672,"journal":{"name":"La Trobe Law School - Law & Justice Research Paper Series","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130718873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An Economic Justification for the Attorney-Client Privilege","authors":"Keith. Kendall","doi":"10.2139/ssrn.1425123","DOIUrl":"https://doi.org/10.2139/ssrn.1425123","url":null,"abstract":"The attorney-client privilege is one of the most identifiable and enduring features of the legal profession in the United States. However, the privilege has received constant criticism over the years, with many calls for its total abolition. These criticisms are founded on a number of grounds, including the philosophical (the privilege only serves to protect the guilty) and justice (maximising the amount of evidence available to the court to reach the best decision). Additionally, some critiques are founded on economic grounds, including characterising the privilege as a form of monopoly control over certain services as well as facilitating rent seeking behaviour on the part of the legal profession. This paper presents economics arguments put forward in favour of retaining the privilege, as well as a new justification that equates the attorney-client privilege with the privilege against self incrimination on functional grounds.","PeriodicalId":227672,"journal":{"name":"La Trobe Law School - Law & Justice Research Paper Series","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130257678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Resistance, Revision and Retrenchment in the Transition to a Competitive Market Economy in China","authors":"R. Peerenboom","doi":"10.2139/SSRN.1265114","DOIUrl":"https://doi.org/10.2139/SSRN.1265114","url":null,"abstract":"China has generally benefited from globalization, particularly in the economic area, and Chinese citizens know it. China, for its part, has been one of the most open developing countries. The general trend since economic reforms began in 1978 has been toward greater openness, and a more competitive market economy. However, China never followed the Washington Consensus, particularly with respect to relationship between domestic economy and international economy. Moreover, Chinese government officials and citizens are now much more acutely aware of the many practices adopted by rich countries to pursue their own national economic interests and to protect their own domestic companies. As result, there are now signs of a retrenchment in China and a growing protectionism. Part I provides an overview of China's economic policies and development strategies, highlighting the differences between Beijing's development strategy and the Washington Consensus; the recent policy shift away from the focus on aggregate growth to a greater concern with sustainable development, social justice and the creation of a harmonious society; and the rise of nationalism and the increase in protectionist sentiments.Part II takes a closer look at various areas where there has been resistance to economic globalization, or signs of retrenchment, including WTO compliance, enforcement of IP rights, M&A regulations, anti-monopoly law, securities litigation, anti-dumping cases, property law, bankruptcy, labor law and the legal profession. Part III explains the recent push back on economic globalization, and why nevertheless the general trend is still toward greater openness and a more competitive economy.","PeriodicalId":227672,"journal":{"name":"La Trobe Law School - Law & Justice Research Paper Series","volume":"53 Suppl 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123395086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}