Recent Cases
“Center of Main Interests” Finally Becomes the Center of Main Interest in the Case Law by Judge Leif M. Clark
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In the realm of cross-border insolvency law and policy, as modified universalism has become ascendant over territorialism, the key concept of “center of main interests” has remained stubbornly undefined. Now, however, with the flap over Eurofoods in the European Union and the filings of a couple of hedge funds in the Cayman Islands, courts are finally beginning the task of fleshing out the concept. Predictably, these early-stage forays are somewhat less than satisfying, though the recent effort by Judge Burton Lifland seems to offer promise for developing a standard that others might follow.
Medellin: A Textual Analysis by David Sloss
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The 1992 presidential campaign popularized the slogan, “It’s the economy, stupid.” In Medellin v. Texas, which is scheduled for oral argument before the U.S. Supreme Court on October 10, the Court should adopt the slogan, “It’s the text, stupid.” In the vast majority of cases on the Supreme Court docket, the Court resorts to a variety of extratextual interpretive tools because the relevant legal texts are ambiguous. Medellin is one of those rare cases where the key legal texts—the Supremacy Clause and Article 94 of the U.N. Charter—are unambiguous, directly on point, and dispositive of the main issue. Therefore, the Court should rule in favor of the petitioner on the basis of the Supremacy Clause and Article 94.