Empirical Analysis of the Law and Corporate Finance

This article primarily focuses on the Ukrainian judge lustration, analysed from diverse aspects. Ukraine’s legal lustration framework engenders two legal acts— the Law On Restoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, provided instruments and efficiency issues are discussed. This research particularly scrutinises the fundamental European lustration standards, referencing a few European countries’ experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into national lustration procedures is given, considering the European Court of Human Rights’ relevant rulings and the Ukrainian Constitution’s provisions. Remarks on whether all lustration laws comply with the Ukrainian Constitution are offered. Addressing the High Council of Justice’s precedents, a judicial body entitled to verify the judges’ lustration results, an in-depth empirical analysis of those procedural results are provided. Overall, Ukrainian lustration embodies a unique phenomenon due to strong social demand formalized in specially designed regulation.

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Registration of Company Charges Revisited: New and Familiar Problems

Edinburgh Law Review ◽

10.3366/elr.2019.0547 ◽

2019 ◽

Vol 23 (2) ◽

pp. 153-176

Author(s):

Alisdair D J MacPherson

Keyword(s):

Corporate Finance ◽

Considerable Importance ◽

Current Regime ◽

General Improvement ◽

English Law ◽

The Law ◽

A Charge ◽

The Uk

The law of registration of company charges is of considerable importance for corporate finance transactions throughout the UK. This article analyses the current regime that came into force on 6 April 2013. It examines various aspects of the regime, principally from a Scots law perspective, including what is meant by a “charge”, when charges are created, the extent to which unregistered charges are effective, and the rules regarding registration of charges over acquired property. The article demonstrates that, although the new regime is a general improvement on the previous one, there are a number of new and familiar problems concerning its applicability and operation in relation to Scots law. There are also some implications involving the uniformity of Scots law and English law in the area that arise from the fact that the regime is now UK-wide.

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What’s Plainly Wrong in Australian Law? An Empirical Analysis of the Rule in Farah

University of New South Wales Law Journal ◽

10.53637/qyhd6877 ◽

2020 ◽

Vol 43 (3) ◽

Author(s):

Antonia Glover

Keyword(s):

20Th Century ◽

Empirical Analysis ◽

Internal Consistency ◽

The State ◽

Judicial System ◽

Appellate Courts ◽

High Court ◽

Gold Mines ◽

Modern Context ◽

The Law

In Australian Securities Commission v Marlborough Gold Mines Ltd (1993) 177 CLR 485, and again in Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89, the High Court pronounced that Australian courts must follow the decisions of appellate courts across Australia unless convinced that those decisions are ‘plainly wrong’. This article seeks to track the development and application of this rule in both a historical and modern context. It first examines the state of the law prior to Marlborough and then engages in an empirical analysis of the use of the rule since Marlborough in 1993, tracking how often the rule has been used and where divergence between jurisdictions has emerged. The results confirm the existence of a judicial system with an increased focus on, and practice of, internal consistency. This replaces the 20th century paradigm in which loyalty to Britain was prioritised over intra-Australian uniformity.

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Corporate Finance in the Law School Curriculum

Duke Law Journal ◽

10.2307/1372441 ◽

1985 ◽

Vol 1985 (1) ◽

pp. 237 ◽

Cited By ~ 1

Author(s):

William W. Bratton ◽

Robert W. Hamilton

Keyword(s):

Corporate Finance ◽

School Curriculum ◽

Law School ◽

The Law

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Procedural Normative System of the International Court of Justice

Leiden Journal of International Law ◽

10.1017/s0922156517000280 ◽

2017 ◽

Vol 30 (3) ◽

pp. 661-683

Author(s):

SERGEY M. PUNZHIN

Keyword(s):

International Law ◽

Empirical Analysis ◽

General Scheme ◽

International Court Of Justice ◽

Normative System ◽

Procedural Law ◽

Court Of Justice ◽

International Court ◽

The Law

AbstractOn the basis of a thorough empirical analysis, the article comes to a number of theoretical conclusions which have never previously been discussed in the literature. In particular, it demonstrates that the Court's procedure is governed not only by ‘procedural law’ but also by norms which are non-legal. Moreover, it clearly circumscribes which norms in the documents relating to the functioning of the Court are procedural and which lack this character. In their entirety, provisions governing the Court's procedure form a ‘normative system’, with the law being only one of its elements. The Court's procedural norms originate both from the traditional sources of international law as well as from sources which, according to the usual classification, do not necessarily belong to that category. The procedural norms that are derived from all of these sources, while not tending towards uniformity in terms of their characteristics and effect, nevertheless form a system which operates as a whole. The procedure of the International Court of Justice does not fit neatly within the general scheme of ‘legal versus non-legal norms’; neither can one readily apply the theory of traditional sources of international law to a procedural system which brings together heterogeneous elements and must therefore be explained keeping in mind its own logic and nature.

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