BiblioVault - Books about Conflict of laws

International Bankruptcy

The Challenge of Insolvency in a Global Economy

Jodie Adams Kirshner

University of Chicago Press, 2018

With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge.
With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.

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Red Eagle's Children

Weatherford vs. Weatherford et al.

Edited by J. Anthony Paredes and Judith Knight

University of Alabama Press, 2012

Red Eagle’s Children presents the legal proceedings in an inheritance dispute that serves as an unexpected window on the intersection of two cultural and legal systems: Creek Indian and Euro-American.

Case 1299: Weatherford vs. Weatherford et al. appeared in the Chancery Court of Mobile in 1846 when William “Red Eagle” Weatherford’s son by the Indian woman Supalamy sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.

Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past
events that complement the narratives of professional historians.

Contributors
David I. Durham / Robbie Ethridge / Judith
Knight / J. Anthony Paredes / Paul M. Pruitt
Jr. / Nina Gail Thrower / Robert Thrower /
Gregory A. Waselkov

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Resolving International Conflicts

Peter Hay

Central European University Press, 2009

While focusing on international private law and international arbitration, the essays also address the questions of constitutional law and legal philosophy. State-of-the-art contributions, covering a wide scope from the practical analysis of American arbitration policy and the position of the USA vis-à-vis international law, through the latest developments in German legal practice, to theoretical issues of jurisdiction. Especially rich is the volume in exploring the legal dimension of the European integration process.

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