SelectedWorks @ Widener University Commonwealth Law School
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Symposium Bankruptcy and Beyond: Exploring the Causes and Solutions to Municipal Financial Distress Introduction
No full textOn April 14, 2014, a stellar group of experts in municipal finance, bankruptcy, and state and local government law assembled in Harrisburg to discuss the causes of and potential solutions to municipal financial distress with an audience filled with individuals deeply affected by the City of Harrisburg\u27s 2011 bankruptcy filing and subsequent state supervised recovery. This issue of the Widener Law Journal presents the work of several of the speakers who presented that day
A Good Start Incubator Program Helps New Lawyers Learn the Basics of Running a Successful Practice
No full textA joint effort of Widener Law Commonwealth and the Dauphin County Bar Association (DCBA), the incubator project kicked off in 2015 as the first based entirely in Pennsylvania. It provides new legal professionals with Harrisburg office space, computer and printing equipment, training in the work of building a law practice, mentoring and networking support
An Unexceptional Aspect of President Obama\u27s Immigration Executive Actions
No full textDiscussing Obama\u27s recent immigration executive actions and the Obama administration\u27s exercises of executive power
When Does Some Federal Interest Require a Different Result?: An Essay on the Use and Misuse of Butner V. United States
No full textThousands of judges and scholars have relied on the statement in the 1979 Supreme Court opinion in Butner v. United States that “property interests are created and defined by state law . . . unless some federal interest requires a different result.” Often, they cite to the statement as a policy constraint that elevates state property law over federal bankruptcy law. This Essay, written for the American Bankruptcy Institute – University of Illinois Symposium on Chapter 11 Reform, posits that the Butner rule is not as broadly applicable as commonly believed. To do so, the Essay surveys some notable uses and misuses of the Butner rule in the 35 years since the case was decided and concludes that so long as Congress clearly states a federal purpose for modifying a party’s state law property rights at the moment a bankruptcy case is filed, such a modification is permissible
Regulatory Arbitrage, Extraterritorial Jurisdiction and Dodd-Frank: The Implications of US Global OTC Derivative Regulation
No full textA review of the Dodd-Frank rulemaking projects suggests that the U.S. has entered into a “race to the top” of over-the-counter derivative regulation. Many of the Dodd-Frank statutes and proposed rules go well beyond the relatively modest objectives agreed to by the G20 countries in 2009. These efforts in the U.S. create a legal environment ripe for regulatory arbitrage and the isolation of U.S. OTC derivative markets. Isolation results from participants simply abandoning U.S. markets because of overly aggressive U.S. regulation. Regulatory arbitrage occurs as both U.S. and non-U.S. persons attempt to structure their trading activities to avoid the extraterritorial reach of Dodd-Frank. This paper will discuss the regulatory arbitrage implications triggered by the Dodd-Frank reforms and concerns surrounding the extraterritorial powers given to the CFTC to enforce these mandates
What Every Lawyer Needs to Know About Immigration Law
No full textThis practical guide provides legal practitioners with tips on issues that they may encounter when representing clients that may necessitate an examination of immigration-related issues
