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1

Failed promises: Insurance company insolvencies : a report. U.S. G.P.O., 1990.

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2

Reasons why the Canada Pacific Railway syndicate failed to float its stock. s.n., 1993.

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3

Simon, Gleeson, and Guynn Randall. Part I Elements of Bank Resolution Regimes, 3 Bank Resolution and Bank Groups. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199698011.003.0003.

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This chapter looks at how the structure of bank groups is factored into the resolution process. In analysing the resolution of banks and other legal entities, a focus on the legal entities alone is a form of false consciousness. Instead, the focus needs to be on resolving the overall financial enterprise of which the bank is a part. By focusing on resolving groups instead of individual legal entities, financial regulatory authorities around the world have developed the single-point-of-entry (SPE) resolution strategy, which has been widely accepted as the most promising solution to the too-big-
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4

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 5. Corporate personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0005.

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This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In additio
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5

French, Derek. 5. Corporate personality. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0005.

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This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the House of Lords affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In
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6

North Atlantic Trading Company: Wealthy aggregation of booking agents who combined for the purpose of stimulating immigration from continental Europe to Canada ; bonus restricted to agriculturalists and domestic servants ; contract cancelled because Company failed to live up to one of its important provisoes; desirable immigrants were secured. s.n., 1995.

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7

Preston, Katherine K. English-Language Opera at the End of the Century. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199371655.003.0008.

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This chapter addresses operatic activity in the 1890s—in particular, an insatiable public appetite for comic opera and operetta that eventually eclipsed interest in the translated continental repertory. After close inspection of representative English grand opera and light opera companies, the author concludes with a discussion of two ensembles that enjoyed extraordinary success in the late 1890s: the Bostonians (formerly the Boston Ideals) and the Castle Square Opera Company. In the face of changing American tastes at the turn of the century, the old-fashioned Bostonians eventually failed whi
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8

(Circular): I am instructed by the directors of this bank to inform you that all attempts to sell the privileges of the bank have hitherto failed, and that the necessary expenses incurred in keeping an office open, without being able to carry on any profitable business, are so great, that the value of the stock is rapidly decreasing .. s.n., 1985.

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9

Anton R, Valukas, Byman Robert L, and Murray Daniel R. Part I United States, 1 The Rise and Fall of Lehman Brothers. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0001.

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This chapter begins by introducing the history of the status of Lehman Brothers in the financial world. It discusses the ranking of Lehman Brothers and the revenues recorded in 2007 and contrasts that to the status of the company in the following year. The fall of Lehman, the chapter argues, nearly took with it the entire global economy. The chapter goes on to argue that even though the company’s fall was spectacularly rapid, Lehman’s rise before that was far more storied and measured. It presents thorough detail on the rise of Lehman Brothers from the beginnings when Henry Lehman emigrated fr
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10

Karnein, Anja. Noncompliers’ Duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813248.003.0007.

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This chapter examines in what sorts of situation noncompliers, of which there are many in the climate justice context, can be thought to have duties—apart from the duty to comply—and how these duties ought best be described. It problematizes the unclear status of a duty that tells an agent what to do in cases where she is not doing what she ought to and reviews four possible ways to circumvent this “status problem” when explaining the presence of duties for noncompliers. Only one of these positions can show that noncompliers have duties because they failed to comply and not simply because they
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11

Solis, Gary D. America, the 1949 Geneva Conventions, and War Crime Courts-Martial in the Vietnam Conflict. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199379774.003.0004.

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Throughout the US-Vietnam conflict (1965–1973), American forces labored to comply with the Geneva Conventions and customary laws of war, though US war crimes largely overshadowed those efforts. This chapter relates the training US forces received on the law of war and describes how military lawyers practiced law “in country.” US combatants were constantly directed to report war crimes, known or suspected. Too often those directives were not obeyed. My Lai is fully examined, including its badly failed military prosecutions. Disturbing post-trial clemency by civilian authorities, in many cases,
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12

Simon, Gleeson, and Guynn Randall. Part II The US Resolution Regime, 5 Fundamentals of Resolution Authority. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199698011.003.0005.

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This chapter looks at the history and fundamental elements of resolution authority as it has been developed and used in the United States. The goal of resolution authority in the United States has been to deal with failed banks and other financial institutions in a manner that stems runs, avoids contagion and preserves critical operations, the same goal as deposit guarantee schemes. First introduced in the United States in 1933 as part of the deposit insurance programme for banks, resolution authority was originally little more than the method by which the Federal Deposit Insurance Corporation
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13

Levillain, Kevin, Simon Parker, Rory Ridley-Duff, Blanche Segrestin, Jeroen Veldman, and Hugh Willmott. Protecting Long-term Commitment. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198805274.003.0003.

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Growing attention is being paid to the benefits of considering the long-term interests of multiple constituencies in corporate governance. A theory of the corporation where fiduciary duties of directors point to the legal entity and not to its shareholders goes beyond a pure prioritization of shareholders’ interests. However, the notion that board members mediate the interests of all constituencies fails to account for a ‘positive’ conception of corporate purpose and underlying asymmetries in allocations of rights between stakeholders. Addressing corporate governance as a fundamentally ‘open’
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14

John, Fellas, and Elul Hagit. 7 Enforcing International Arbitration Agreements. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0008.

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This chapter addresses the enforcement of agreements to arbitrate, the question of what one party to an international contract should do when the other fails to comply with its agreement to arbitrate. It addresses three basic issues. The first is whether one party can proceed with the arbitration and obtain an enforceable award even if the other party fails to participate in the arbitration. Secondly, the chapter inquires as to whether one party can seek the intervention of the courts to enforce its agreement to arbitrate in the event that the other party to the arbitration agreement refuses t
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15

Cabrelli, David. 20. Collective Redundancies. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198813149.003.0020.

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This chapter examines the law on collective dismissals, which involve the large-scale off-loading of labour by an employer. It first considers the key provisions of the Collective Redundancies Directive. In particular, it focuses on the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely consultation and notification. It then turns to Chapter II Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statuto
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16

Molinari, Alessandra. Riflessioni sulle economie dei secoli X e XI. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198777601.003.0014.

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Chris Wickham has recently turned his attention to the economic and social transformations of the central Middle Ages. In the same period relations between the Christian and Muslim worlds have been presented primarily in terms of holy war or raids, and hardly ever framed in economic terms. Archaeology can help to answer questions about exchange routes, systems of production and settlement patterns, and pottery provides a key element in reconstructing the complexity of pre-modern economic networks. In this paper I want to compare two case studies. I will first examine the role of Palermo in the
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17

Isett, Philip. Hölder Continuous Euler Flows in Three Dimensions with Compact Support in Time. Princeton University Press, 2017. http://dx.doi.org/10.23943/princeton/9780691174822.001.0001.

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Motivated by the theory of turbulence in fluids, the physicist and chemist Lars Onsager conjectured in 1949 that weak solutions to the incompressible Euler equations might fail to conserve energy if their spatial regularity was below 1/3-Hölder. This book uses the method of convex integration to achieve the best-known results regarding nonuniqueness of solutions and Onsager's conjecture. Focusing on the intuition behind the method, the ideas introduced now play a pivotal role in the ongoing study of weak solutions to fluid dynamics equations. The construction itself—an intricate algorithm with
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18

Rady, Mohamed Y., and Ari R. Joffe. Non-heart-beating organ donation. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0390.

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The transplantation community endorses controlled and uncontrolled non-heart-beating organ donation (NHBD) to increase the supply of transplantable organs at end of life. Cardiac arrest must occur within 1–2 hours after the withdrawal of life-support in controlled NHBD. Uncontrolled NHBD is performed after failed cardiopulmonary resuscitation in an unexpected witnessed cardiac arrest. Donor management aims to protect transplantable organs against warm ischaemic injury through the optimization of haemodynamics and mechanical ventilation. This also requires antemortem instrumentation and systemi
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19

Nassauer, Anne. Situational Breakdowns. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190922061.001.0001.

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This book provides an account of how and why routine interactions break down and how such situational breakdowns lead to protest violence and other types of surprising social outcomes. It takes a close-up look at the dynamic processes of how situations unfold and compares their role to that of motivations, strategies, and other contextual factors. The book discusses factors that can draw us into violent situations and describes how and why we make uncommon individual and collective decisions. Covering different types of surprise outcomes from protest marches and uprisings turning violent to ro
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20

Szmukler, George. How mental health law discriminates against persons with mental illness. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780198801047.003.0005.

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Mental health law discriminates against people with mental illness when it comes to detention and involuntary treatment. This is evident when we compare such law with that applying in the rest of medicine, certainly in countries with well-developed legal systems. Mental health law fails to respect patient ‘autonomy’ (or self-determination) in the same way as it does in the rest of medicine. Furthermore, a confusion between a person’s health interests and the protection of others results in laws permitting the preventive detention of people with mental disorders—probably uniquely so—on the basi
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21

Watson, Tim. “Every Guy Has His Own Africa”. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190852672.003.0004.

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This chapter analyzes the writer Saul Bellow as an anthropological novelist, focusing on his African novel, Henderson the Rain King. Bellow incorporates ethnographic source material, including some from his erstwhile teacher Melville Herskovits, but Henderson is a bumbling caricature of the academic fieldworker. Nevertheless, the novel asks essential anthropological questions about how culture determines human behavior and thought and how cultural patterns change. I compare Bellow’s work with C. P. Snow’s The Two Cultures, which promoted the ideas of technical know-how and knowledge transfer f
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22

Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 6 Conduct of the Proceedings. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0006.

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This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account
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23

Henry G, Burnett, and Bret Louis-Alexis. Part II Key Risks and Disputes Associated with International Mining Projects, 10 Environmental and Social Disputes. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198757641.003.0010.

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This chapter examines the principal manifestations of social and environmental risks facing mining companies, emphasizing those resulting in international arbitration disputes. Environmental disputes can arise when mining companies fail to abide by environmental norms and regulations; or when these norms or regulations changes during the life of a mining project. Mining companies responsible for environmental contamination or pollution may be responsible for the cleanup of pollution to land or water supplies and to compensate victims of pollution. It is therefore imperative for mining companie
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24

Breton, Gilles, Jean-Paul Laurens, and David Bel, eds. L’internationalisation différenciée des universités - Points de vue d’acteurs. Editions des archives contemporaines, 2020. http://dx.doi.org/10.17184/eac.9782813003461.

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Dans ce second cahier sont proposées de nouvelles études et prolongées les réflexions initiées dans le premier. Gilles Breton, tout d’abord, discute de la contribution des universités conçues comme acteur d’un monde politique globalisé qui ne se réduit plus aux seules relations inter-étatiques. Les textes suivant sont des études de terrain. Olivier Garro s’intéresse à trois universités très actives à l’international dont le point commun est de faire partie des meilleures de leur pays (Cameroun, Liban, Vietnam) sans pour autant figurer dans les classements internationaux. Daoud Nour Ahmed analy
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