2,225 research outputs found
Interview with Philip Gerard
No full textInterview with Philip Gerard, author and professor of creative writing at UNCW. Here, he discusses his background and education, the founding and structure of UNCW's MFA in Creative Writing program, and the concerns of memoir and creative nonfiction
Business rescue for Zambia: suggestions for legislative reform
No full textIncludes bibliographical references.A Company is an integral part of the community in which it does business as it impacts on that community and the economy of the country as a whole. Consequently, the failure of that company not only affects that community but also the shareholders, suppliers, employees and customers. The company law of a country therefore needs to provide a means to preserve commercial enterprises that are capable of making a useful contribution to the economic life of a country. In recent years, several developed and developing countries have enacted business rescue legislation to supplement existing insolvency rescue procedures such as receivership and the scheme of arrangements. This dissertation discusses the need for Zambia to enact adequate business rescue legislation considering the current inadequacies in the existing Companies Act
Philip Gerard, 25th Annual ODU Literary Festival
No full textPhilip Gerard has published fiction and nonfiction in numerous magazines, including New England Review, Bread Loaf Quarterly, Creative Nonfiction, Hawaii Review, Hayden\u27s Ferry Review, and The World & I. He is the author of three novels: Hatteras Light, Cape Fear Rising, Desert Kill; two books of nonfiction, Brilliant Passage...a schooning memoir and Creative Nonfiction - Researching and Crafting Stories of Real Life, and Writing a Book that Makes a Difference. His most recent book is Secret Soldiers, about the first and last battlefield deception outfit ever authorized by the U.S. Army. Gerard has written shows for public television and radio. He teaches creative writing at the University of North Carolina at Wilmington
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Secured credit under English and American law /
No full textSecured Credit drives economic activity. Under English Law it is possible to create security over almost any asset, but the law is widely considered to be unsatisfactory for several reasons, including a cumbersome registration system, a preoccupation with formalistic distinctions and the lack of clear and rationally-determined priority rules. Gerard McCormack examines the current state of English law highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point: this Article has successfully serviced the world's largest economy for over 40 years and is increasingly used as the basis for legislation by Commonwealth jurisdictions including Canada and New Zealand. The Law Commission has suggested the enactment of similar legislation in England. In addition, McCormack considers if there really is a case for the priority of secured credit, as well as if there are other international models to draw upon. Contains the text of Article 9
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Implementing Strategies for the Model Law on Cross-Border Insolvency: The Divergence in Asia-Pacific and Lessons for UNCITRAL
No full textThe UNCITRAL Model Law on Cross-border Insolvency was conceived in 1997 with the objective of facilitating the optimal management of cross-border insolvency. Its aim was to do so by providing an adoptable, consistent framework for countries to recognize foreign insolvency proceedings. While the Model Law has achieved some success in promoting cooperation among the different Asian-Pacific states in cross-border insolvency proceedings, the goals of the model law have still yet to be realized to their fullest extent. This is likely the result of states neglecting to fully implement the model law into their respective domestic laws and state judiciaries inconsistently interpreting what legislation they have implemented to enact the model law. This informative Article by Wai Yee Wan and Gerard McCormack examines the different strategies Asia-Pacific states have taken to implement the model law and assesses the reasons for the divergence among the different states. This Article illustrates the complexities and limitations of achieving the objectives of a model law when the path dependency matters and sets each state on a unique course
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Corporate rescue law ::an Anglo-American perspective /
No full textThis book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is 'pro-debtor' and UK law is 'pro-creditor', and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights
Kant and Gerard on imagination
No full textAlexander Gerard, a schottish philosopher, is nowadays almost
forgotten, but at the time of Kant’s philosophical development he was a very
popular author and his works were translated to german. Kant mentioned Gerard
sometimes in his lectures on anthropology, particularly about genius and
imagination. A near analysis and comparing of their conception of genius and
imagination shows a significant influence of Gerard on Kant. Purpose of this
paper is to analyse this influence in the particular case of imagination and active
imagination.O filósofo escocês Alexander Gerard foi quase que inteiramente
esquecido pela história da filosofia. Mas na época em que Kant estava
desenvolvendo sua filosofia crítica, particularmente nos anos 1770, Gerard era
um autor bastante popular, tendo seus principais escritos traduzidos inclusive
para o alemão. Kant o menciona algumas vezes nas lições sobre antropologia,
permitindo assim documentar sua leitura. Este artigo procura mostrar a
influência de Gerard sobre Kant na concepção de uma imaginação ativa, peça
central da filosofia transcendental kantiana
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Secured credit and the harmonisation of law ::the UNCITRAL experience /
No full textThis is a discerning analysis of international harmonisation efforts for secured credit law and examines the role of globalisation and finance capital in shaping such efforts. Gerard McCormack reveals how an "efficient" law is often seen to increase the availability, and lower the cost, of credit, thereby contributing to international development. He considers whether the most comprehensive international standard--the United Nations Commission on International Trade Law (UNCITRAL) Legislative Guide (2008)--is actually suitable for adoption at the national level. In particular, he examines the hypothesis that American law and lawyers have shaped the content of the Guide to the extent that it is not suitable for translation into other laws
Corporate rescue law ::an Anglo-American perspective /
No full textThis book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is 'pro-debtor' and UK law is 'pro-creditor', and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights
Philip Gerard : an individual /
No full textMode of access: Internet."This first and limited edition of 'Philip Gerard, an individual,' printed for the Faculty and students of Drake University, and for the personal friends of the author, consists of five hundred copies. The number of this book is 98." Signed by author
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