Widener University Delaware Law School Legal Studies Research Paper Series最新文献

{"title":"Goals and Governance in Municipal Bankruptcy","authors":"Juliet M. Moringiello","doi":"10.2139/SSRN.2318017","DOIUrl":"https://doi.org/10.2139/SSRN.2318017","url":null,"abstract":"The years from 2011 to 2013 were remarkable in municipal bankruptcy terms. During those years, several cities and counties took the rare step of filing for bankruptcy under Chapter 9 of the Bankruptcy Code. When Detroit filed for bankruptcy in July, 2013, it became the largest city measured by both population and outstanding debt to file for Chapter 9.The recent filings challenge the conventional wisdom that Chapter 9 is poorly tailored to the rehabilitation needs of larger cities and counties. Those who have written about Chapter 9 in the past twenty years have treated Chapter 9 and state intervention in municipal financial affairs as freestanding alternatives rather than as complementary components of a comprehensive municipal financial recovery plan. These authors compare municipal bankruptcy to corporate bankruptcy and conclude that because Chapter 9 does not incorporate all of the Chapter 11 checks on debtor behavior, it cannot adequately promote the financial rehabilitation of a sizable general-purpose municipality. This approach ignores the original goal of Congress in enacting a municipal bankruptcy law in the aftermath of the Great Depression, which was to bring together two sovereigns, the state and the federal government, to accomplish something that neither could accomplish alone – the imposition of a plan to adjust municipal debts that would be binding on all creditors, wherever located. This article refocuses the discussion about the limitations of the municipal bankruptcy process by examining the goals of Chapter 9 and relating its governance provisions to those goals. A refocused discussion is particularly timely, because the deteriorating financial condition of many cities has led states to reexamine their programs for resolving municipal financial distress and the conditions under which they permit their municipalities to file for bankruptcy. Chapter 9 may only be as effective as the state governance that accompanies it. Therefore, policy makers on the state and federal levels need an understanding of the role of Chapter 9 in an integrated scheme for municipal financial recovery in order to decide whether and how to assist municipalities on the state level and to decide whether reforms to Chapter 9 are necessary.","PeriodicalId":404182,"journal":{"name":"Widener University Delaware Law School Legal Studies Research Paper Series","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116416639","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":"Creating the Law of Environmentally Sustainable Economic Development","authors":"J. Dernbach","doi":"10.58948/0738-6206.1673","DOIUrl":"https://doi.org/10.58948/0738-6206.1673","url":null,"abstract":"This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand sustainable development unless we understand what development means. While that term is reasonably well understood at the international level, our closest analogue in the United States is not development in general but rather economic development. A great many recently enacted laws that move the United States toward sustainability can be understood as economic development laws. This article describes seven types of such laws. Each type is explained, and examples are provided. By better understanding these laws and their common characteristics, the article argues, we may better understand how to move more rapidly and effectively toward sustainability.","PeriodicalId":404182,"journal":{"name":"Widener University Delaware Law School Legal Studies Research Paper Series","volume":"759 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117010888","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":"The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention","authors":"T. Pope","doi":"10.1093/acprof:oso/9780199837373.003.0010","DOIUrl":"https://doi.org/10.1093/acprof:oso/9780199837373.003.0010","url":null,"abstract":"United States law has long emphasized treatment over prevention. Only over the past decade have legal measures begun to materially target many of the root causes of morbidity and mortality. This revitalization of public health law is long overdue. But it presents difficult (and, as yet, largely unanswered) ethical and policy questions.This Chapter has four primary aims. First, it describes the traditional neglect of public health law. Second, it describes a built-in bias of the common law toward treatment over prevention. Third, this Chapter describes many of the most notable recent legal developments that increasingly emphasize the prevention, rather than the medical treatment, of health problems. Fourth, this Chapter examines normative problems raised both by these new, more paternalistic public health laws and by others that are likely to follow.","PeriodicalId":404182,"journal":{"name":"Widener University Delaware Law School Legal Studies Research Paper Series","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132884511","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":"Stumbling Toward Sustainability","authors":"J. Dernbach","doi":"10.1108/ijshe.2002.24903dae.002","DOIUrl":"https://doi.org/10.1108/ijshe.2002.24903dae.002","url":null,"abstract":"This book addresses two questions. First, what progress did the United States make toward sustainable development between the 1992 (the date of the U.N. Conference on Environment and Development, or Earth Summit) and 2002? Second, what should the United States do next, particularly in the next 5 to 10 years? The primary focus of this book is law and policy because law and policy represent one of the most powerful ways to change a society's behavior. The book's 32 chapters were written by 42 contributors. The book is divided into sections on consumption and population; international trade, finance, and development assistance; conservation and management of natural resources; waste and toxic chemicals; nongovernmental actors; education; institutions and infrastructure; and governance. The book provides a critical appraisal of U.S. activities, identifying both progress and shortcomings. It also makes recommendations for short-term and long-term actions. More broadly, the book refines and applies sustainable development concepts to the United States. While the United States has unquestionably begun to take some steps toward sustainable development, the country is now far from being a sustainable society, and in many ways is farther away than it was in 1992. The book contains a Synthesis summarizing its findings and recommendations.","PeriodicalId":404182,"journal":{"name":"Widener University Delaware Law School Legal Studies Research Paper Series","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127475305","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":"A Business Review of the Delaware Series: Good Business for the Informed","authors":"Ann E. Conaway","doi":"10.2139/SSRN.1097645","DOIUrl":"https://doi.org/10.2139/SSRN.1097645","url":null,"abstract":"Delaware has long attempted to provide business structures that reflect the demands of the business community in an efficient and productive manner. One prime example of this demand/response is the \"series\" interest available in Delaware limited partnerships, LLCs, and statutory trusts. The series structure combines the flexibility that different types of businesses desire along with the statutory and contractual support that Delaware provides to all of its unincorporated business organizations. Other states have now emulated the Delaware series concept, although there is still considerable confusion as to how a series works. This piece provides an overview of some of the more significant provisions of the Delaware series law. The author concludes that the Delaware series provides a beneficial, efficient use of a combined contractual Delaware entity form with sensible, informed planning.","PeriodicalId":404182,"journal":{"name":"Widener University Delaware Law School Legal Studies Research Paper Series","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123848077","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}