A new era in United States cooperation in international insolvency adminstrations?

Cross-border insolvency laws are increasingly being influenced by the UNCITRAL Model Law on Cross-border Insolvency provisions. The United States has recently enacted domestic legislation based on these provisions by way of Ch 15 of the Bankruptcy Abuse Prevention and Consumer Protection Act 2005, which inserted Ch 15 into USC, Title 11. This article briefly explains the provisions of this United States legislation and draws attention to the important case law commenting and explaining same. It further attempts to alert local practitioners to the changes, benefits and detriments they may encounter when acting pursuant to this legislation.

Digital TV in Australia and the USA: a cross-impact analysis of the adoption and diffusion of digital TV in Australia and the United States

The paper examines the adoption and diffusion of Digital Television (DTV) in Australia and the United States, identifying historical, technical, regulatory, marketing, and other commonalities and differences that appear to be most significant to its adoption, as both countries have experienced a 'sluggish' diffusion and adoption of DTV so far. Using library research and borrowing the cross-impact matrix method from futures research, the authors develop J J events related to the various influences and groups of stakeholders that had shaped the policy making and adoption of DTV. We then carry out a comparative analysis between the two countries to make evident their impacts, strengths, and directions of influence. The authors suggest that the implementation of DTV in these two developed countries appears to be nearly identical. Even though Australian and US broadcasting models are fundamentally different, the diffusion process for DTV is primarily affected by the nature of digital technology and globalisation, two trends that may be diminishing the import of the nation-state in the technology adoption process. The paper concludes that these broader economic and technical events may have greater import to DTV's successful diffusion than do traditional, cultural, and nationalistic factors suggested in earlier comparative broadcast studies.

Ethical transnational corporate activity at home and abroad: A proposal for reforming continuous disclosure obligations in Australia and the United States

Multinational Corporations establish operations in states with lower legal and ethical standards in areas including the environment, wages, labor standards, human rights, corruption, and company taxation. Corporate law scholars cannot be indifferent to the horrific consequences of these lax standards. From contributing to rapes and violent incidents stemming from trade in conflict minerals in the Congo to the killing of workers due to poor conditions in garment manufacturing units in Bangladesh, multinational corporations exploit conditions in developing countries abroad without disclosing their actions at home. We advance a normative argument to clarify and strengthen the existing model of disclosure-based regulation to hold MNCs accountable. We argue that, since the core expectations held by shareholders of companies are the same whether they are operating within our borders or externally, a harmonization of disclosure obligations imposed by law would be a more flexible and less costly solution. We posit that a broader reading of the disclosure obligations of companies under existing legislation like the Reg. S-K in the United States, the continuous disclosure rules under * Dean and Professor of Law, University of Newcastle Law School. Sandeep Gopalan would like to thank Terrie Troxel, Jack Tatom, Professor Bill Wilhelm, and the Networks Financial Institute at Indiana State University College of Business for their valuable support in conducting research for this article. We are also grateful to Audrey Son, Bassam Khawaja, and the editorial staff of the Columbia Human Rights Law Review for their excellent editorial work. ** Solicitor and doctoral candidate, University of Newcastle Law School. 2 COLUMBIA HUMAN RIGHTS LAW REVIEW [46.2:1 the Australian Corporations Act 2001, and listing rules such as those adopted by the Australian Securities Exchange and the New York Stock Exchange would require the disclosure of material corporate practices outside our national borders.