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Nine Into Eleven: Accounting for Common Interest Communities in Bankruptcy
Get PDFEver more Americans live in a common interest community such as a homeowners’ association or condominium. Common interest communities restrict the uses owners may make of their property but provide benefits to the owners. The community association pays for these benefits by levying assessments on the owners’ property. Common interest communities offer a wide variety of benefits that can be divided into two sorts: public and private. Local municipalities typically provide public benefits at taxpayer expense; private entities usually afford private benefits at the consumer’s expense.
Like both public and private entities, common interest communities can experience the problem of financial distress. The ultimate solution to financial distress is relief under the Bankruptcy Code. Private entities are eligible for relief under chapter 11; public entities—municipalities—are eligible for relief under chapter 9. Chapter 9 affords municipalities significant protections compared to private entities under chapter 11 because of the irreducible political sovereignty of municipalities. Nonetheless, even though common interest communities also provide public goods, they are eligible for relief only under chapter 11 and thus lack the protections afforded by chapter 9.
Chapter 11 of the Code should be amended in two ways to afford common interest communities some of the benefits of chapter 9. Specifically: (1) the standard of the best interests of creditors in a proposed chapter 11 plan of reorganization should not be evaluated against a hypothetical chapter 7 liquidation; and (2) a common interest community should be able to cram down its plan without regard to retention by the community of its assets. Without these amendments, common interest communities in financial distress and their members will be less likely to reorganize, and the cost of providing public goods will revert to the local community and its taxpayers
Life Sentences
No full textIn the United States, sentences to confinement for life are typically reserved for those crimes deemed by policymakers to be the most heinous. The issue has contributed to growing concern considering the significant increase in the number of incarcerated inmates and of life sentences imposed by the courts. Depending on the jurisdiction (e.g., state versus federal), the jury or judge is responsible for imposing sentences. Some jurisdictions distinguish between a life sentence without the possibility of parole, a natural life sentence, and a life sentence with the possibility of parole. Others do not. Those sentenced to life without the possibility of parole must serve the rest of their natural lives in prison
Leandro\u27s Left Behind: How North Carolina\u27s English Learners Have Been Denied Their Fundamental Right to a Sound Basic Education
Get PDFUnder Leandro v. State, the North Carolina Constitution guarantees a sound basic education for all students enrolled in public schools. This Comment addresses the state\u27s current system for educating the rising number of non-native English speaking students and demonstrates how that system has failed to meet Leandro\u27s command.
This Comment uses the framework constructed in Leandro to explore North Carolina\u27s current challenges in educating English Learners ( EL ). It examines the long-standing achievement gap that exists between EL students and their native-English speaking peers and demonstrates that EL students are not receiving a sound basic education. Additionally, this Comment examines the language-acquisition programs currently used throughout the state and the promising steps North Carolina has taken to address the needs of these students. It also considers programs implemented in other jurisdictions and offers proposed solutions for further improvement to ensure that North Carolina\u27s EL students obtain their constitutionally guaranteed opportunity to a sound basic education
Demystifying the Qualified Payment Right: Structuring and Administering a Sec. 2701-Compliant Entity
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The Next Frontier in Drone Law: Liability for Cybersecurity Negligence and Data Breaches for UAS Operators
Get PDFWhile questions related to UAS operations and use in government surveillance have been discussed at length, the legal ramifications of cybersecurity negligence and data breaches for UAS operators have yet to be addressed. In Part I, this article seeks to explore those areas by discussing the UAS data chain. Vulnerabilities in this data chain specific to UAS and in general are explored, followed by an examination of the state of the law related to the collection, use, retention, and dissemination of data. Part I concludes with an overview of current voluntary “Best Practice” documents offering guidance for collecting and managing data. Part II of this article applies Article III standing requirements and third-party liability limitations to the cybersecurity negligence and data breach issues. Existing federal law does not address liability for cybersecurity negligence or data breaches in UAS operations. This, combined with current interpretations of Article III standing requirements and a lack of a required standard of care for UAS operators to protect against cyber attack by third parties, results in the lack of a legal remedy for people whose private data is captured by drone and later compromised in a cybersecurity breach. Thus, it appears UAS operators are effectively shielded from liability for data breaches beyond the UAS operation and in flight data collection
Employment and Diversity-Based Visas: Why Birthright Citizenship Is Not All That Is Wrong With America\u27s Immigration System
Get PDFAs the American immigration system presently operates, various incongruities exist for those seeking to permanently immigrate to the United States. Requirements and processing times differ greatly depending on an individual\u27s home country and the type of relationship the individual has with a U.S. sponsor (e.g., familial vs. employment based). For example, as of December 2016, the most recent application under review for brothers and sisters of U.S. citizens from the Philippines is from May 22, 1993, while the EB-5\u27s employment-based visa processing date for investors from the Philippines is listed as Current. Consider the hypotheticals of Maria Guinto and Maricris Llamador Gunigundo:
Maria Guinto is a 32-year-old woman from the Philippines. Her only brother, Erik Lumaban, is a United States citizen. Erik is the only family that Maria has left, as her parents were killed in a car accident when she and Erik were both very young and neither of her parents had any brothers or sisters. Thus, Maria wishes to join her brother and his wife in the United States and to become a U.S. citizen herself To do so, Maria must prove that she has a qualifying family relationship. In this case, the fact that Maria is the sister of a U.S. citizen places her in the fourth family-sponsored preference. As such, Maria will wait over twenty years for her turn to obtain a legal immigrant visa. This does not include the time it will take U.S. Citizenship and Immigration Services (USCIS) to process her application, which can be up to sixteen months, or longer, depending on the volume of applications.
On the other hand, Maricris Llamador Gunigundo, a wealthy Filipino investor, has made his fortune by constructing and operating high-end hotels in and around the Philippines. Maricris is an avid traveler and frequently travels to the United States on vacation. However, Maricris is unhappy with the amount of time it takes for him to obtain visitor visas to the United States and with the lines he must stand in when entering the country. Thus, Maricris decided that he would like to obtain an American green card to enter and exit the United States more easily. He then decided that he is willing to invest the required $1 million in a new commercial enterprise in the United States. This investment will qualify Maricris for the fifth employment-based category, or an EB-5 visa. As such, USCIS will review Maricris\u27s application immediately, though he may experience some wait time for USCIS to actually process his application.
This hypothetical illustrates just one of many discrepancies that exist in the American immigration system today and highlights the unfair advantages that the very wealthy are provided over those seeking to join their families here in the United States. As such, the United States should alter its immigration system by reallocating the EB-5 employment-based visas and all diversity lottery visas to the family-sponsored category in order to increase the number of visas granted to family members of lawful permanent residents and U.S. citizens each year
Thirty-Ninth Annual Hooding and Graduation Ceremony (2017)
Get PDFhttps://scholarship.law.campbell.edu/commencement/1095/thumbnail.jp
