Rethinking the 1916 Antidumping Act

Article Abstract:

Courts have mistakenly interpreted the provisions of the Antidumping Act of 1916 as antitrust laws and not as trade laws intended to protect US industries from unfair trade practices. Adopting a trade-related focus and expanding the scope of activity that can be addressed by the Act private right of action will help US industries seek remedies for dumping. International Trade Commission efforts to police dumping have been hampered by slow administrative processes that only provide prospective relief, paid to the government not to the harmed industry.

International trade, Dumping (International trade), International trade regulation, Price discrimination, Antidumping duties, international

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Protection of the "innocent" initial transferee of an avoidable transfer: an application of the plain meaning rule requiring use of judicial discretion

Article Abstract:

The initial transferee of a property subject to avoidance in bankruptcy is liable for the value of the property which can be recovered by the estate under Bankruptcy Code section 550(a). However, the law gives the courts equitable discretion to protect innocent transferees who no longer possess the property but are not mere conduits. Societal interests and equitable principles should be applied by the courts to resolve the confusion over the initial transferee and prevent punitive recovery.

Liability (Law), Legal liability, Transfer (Law)

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