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Law practice and legal education are facing fundamental changes. Many assume that these changes will force law schools to give up on theory and focus more on training students for the practice of law. However, this Essay shows that the future may be more uncertain and complex. The only thing that is certain is that law schools may face, for the first time, the need to provide the type of education the market demands rather than serving lawyers’ and law professors’ preferences. Legal educators must respond to these demands by serving not just the existing U.S. market for legal services but also a global market for legal information. This may call for training in some, but not all, of the theories and disciplines that have been developing in law schools.
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... fraud claims often involve trust and corporate structures which are managed or controlled from Je.... Piercing the Corporate Veil . It is possible in Jersey to p... are currently five such countries being Australia, Finland, Guernsey, the Isle of Man and the United...
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[...] corporate group" is not a legal concept- one notable exception is the German Konzernrecht -but it is used extensively among practitioners. The vertical association described above might be extended where, for example, B owns shares in C and so on. Given that insolvency touches on so many raw nerves and tensions in a society's regulation- treatment of employees, destruction or rescue of businesses, entrepreneurial initiative, loss of money by creditors, respective rights and obligations of debtors and creditors, tensions between different groups of creditors (secured, unsecured, preferential), and the role of management and the principles of governance- the fact that progress is slow is hardly surprising. [...] to this list we have now added the issue of enterprise group identit...
... what corporate lawyers call lifting or piercing the veil of incorporation. While the personality o... groups, would seem to characterise Australian law and practice. As in the U.K. and the United St...
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... Leval's opinion argues in favor of corporate liability under the Alien Tort Statute ("ATS"),... to the corporation? What about piercing the corporate veil? Can these judgments be di...National Australia Bank Ltd., 130 S. Ct. 2869, 2876-77 (2010), w...
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... to beg the question to be decided." (5) Corporate presence, he observed, "can be manifested only by ... especially, the corporate law doctrine of veil piercing--it may be misused in a manner that produ... to this subsidiary doing business in Australia, but it is never made clear and no other evidence ...
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The financial crisis of 2007 has brought into sharper focus a set of rising global financial actors-the sovereign investors. In the form of sovereign wealth funds ("SWFs"), sovereigns have become an important player in the global financial market and its stability. Over the last decade, SWFs became more visible and more aggressive in the scope and form of their interventions in global finance. State-owned enterprises began to operate indirectly through subordinate legal persons that operate like privately held multinational corporations. In this new form, sovereigns are becoming a more significant presence in global markets, as owners as well as investors. More importantly, sovereign owners have begun to coordinate their economic activities for economic and sovereign goals. Consequently...
...Large corporate aggregations threatened the hierarchy of legal aut...1. The United States, Canada, and Australia. "Existing U.S. policies are designed to prevent f.... "First among equals" is a not-so-veiled reference to both the idea of vertical relationshi...Hodge & Andrew B. Sachs, Piercing the Mist: Bringing the Thompson Study into the 199...
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This article will outline the circumstances in which Australian courts will pierce the corporate veil. It will also discuss "shadow directors" and analyze three cases highlighting the importance of a parent ensuring that subsidiaries make independent decisions. The expression "lifting or piercing the corporate veil" refers to a court looking behind the separate legal personality of a company. In effect, the court will look behind the corporate entity to assign a corporate right, privilege, duty or liability to a member of the company where a strict application of the separate legal personality doctrine would vest the liabilities or rights solely in the company. The corporate veil may be lifted where there has been a fraud or other breach of the law. The fraud and sham argument refers to...
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... the circumstances of this case, the corporate veils of both Flat Dog and the P.C. should be pier... on which the Board typically relies in piercing the corporate veil. In White Oak, the Board cited... have fled in droves to Canada, Australia [etc.]. . . . Against the trend however, we decide...
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... the circumstances of this case, the corporate veils of both Flat Dog and the P.C. should be pier... on which the Board typically relies in piercing the corporate veil. In White Oak, the Board cited... have fled in droves to Canada, Australia [etc.]. . . . Against the trend however, we decide...
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...Public attitudes 2. Job performance, corporate image, and customer preferences 3. Pragmatic conce...Michigan 3. Australia 4. Europe 5. The contributions and limitations of ... appearance, including weight, clothing, piercing .. or hair style." (174) By contrast, 33% "said [t... have sometimes been prohibited from wearing veils on the ground that they may undermine gender equal...