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ItemThe 1.5 Billion General Motors Recalls at the Dangerous Intersection of Chapter 11, Article 9, and TARP(University of Cincinnati Law Review, 2017) Henry, Sally McDonaldThis article, then, joins other articles' that have examined the power of secured creditors in mega-chapter 11 cases and proposes reforming long-standing practices. Rather than take a theoretical, big-picture approach to the role of secured creditors in chapter 11 cases, this article takes a close look at one extraordinarily successful case in which a $1.5 billion issue went terribly wrong. To understand what happened here, I have read thousands of pages of pleadings, exhibits, and hearing transcripts from the General Motors chapter 11 case relating to the Term Loan. What I conclude is that the typical provisions of mega-case debtor-in-possession financing, which evolved at a time when the law regarding security interests was dramatically different than it is now and when lending syndicates were oftentimes dramatically different than they are now, are antiquated, dangerous models that need to go back to the shop before more unfairness takes place in chapter 11 cases. In order for us to understand the need for change, Part II of the article will review the perfection and termination of security interests and the importance of perfected security interests in chapter 11 cases. Part III of this article will discuss the extraordinary "First Day" and debtor-in-possession financing orders entered in the GM case and the subsequent litigation to recover the money. Part III will also address the continuing controversies regarding the effect of the First-Day orders on the distributions to creditors. Part IV will set forth modest proposals to make it less likely that favored creditors will walk away with a windfall to which they are not entitled. Item12 U.S.C. Section 1821(d)(13)(B) Does Not Give The FDIC The Right To Assert D'Oench, Duhme Defenses For The First Time On Appeal: Larsen v. FDIC. 835 S.W.2d 66 (Tex. 1992)(Texas Tech Law Review, 1993) Bowles, JasonDiscusses an application of the D'Oench, Duhme defenses and other procedural norms in Larsen v. FDIC, 835 S.W.2d 66 (Tex. 1992). Also discusses other available strategies to assert such defenses post-judgment in a Texas forum. This article also discusses the common law D’Oench, Duhme rule of estoppel, which bars enforcement of an unwritten agreement between a borrower and a financial institution when the agreement is asserted by the borrower against the federal regulator. ItemThe 1970 Clean Air Amendments: Federalism In Action Or Inaction?(Texas Tech Law Review, 1974) Kramer, Bruce M.Observes the monumental changes the 1970 amendments made to environmental law. The author praises the dual system of enforcement and variance approval. Moreover, the author believes that a federal presence limits leniency in regulating clean air practices. In fact, the federal government taking control over clean air policies is in response to state and local government failure to ”clean up air.” ItemThe 1970 Clean Air Amendments: Federalism in Action or Inaction?(Texas Tech Law Review, 1974) Kramer, Bruce M.The article will consider in depth only that part of the Clean Air Act that deals with stationary sources, and more specifically that portion dealing with federal enforcement of state implementation plans. Professor Kramer precedes this discussion with the legislative battle that occurred in the years leading up to the passing of the Clean Air Act. Item1973 Philip C. Jessup International Law Moot Court Memorials on Behalf of Applicant and Respondent, Neptunius V. Atlantica(1973-02-16) Boze, Carolyn Elaine; Cochran, Donald B.; Drinnen, Claud H.; Hollums, John R.; Howell, Richard L. Item1974 Philip C. Jessup International Law Moot Court Memorials on Behalf of Applicant and Respondent, The State of Industria v. The State of Latia(1973) Caylor, David C.; Larson, Kenneth Q. ItemThe 1975 Amendments to the Texas Business Corporation Act and the Texas Securities Act(Texas Tech Law Review, 1975) Bateman, Hal M.; Dawson, William B.Discusses the main amendments to the securities act which include exemptions from registration, rule-making authority for the Texas Securities Board, clarifications of sec 334 of the Act, and a remedy to receivership in certain cases brought by the attorney general. The author believes the 1975 amendments appear to have resolved a number of problems in this area of the law. However, the author foresees future problems that might arise once the amendments are put into practice. Item1975 Amendments to the Texas Business Corporation Act and the Texas Securities Act(Texas Tech Law Review, 1975) Bateman, Hal M.Professor Bateman discusses recent changes to the Texas Business Corporation Act and the Texas Securities Act, including changes to restrictions on transferability of shares, close corporations, corporate formalities, option exemptions, State Securities Board, exempt transactions, and receiverships. ItemThe 1977 Clean Air Act Amendments: A Tactical Retreat From the Technology-Forcing Strategy?(Urban Law Annual, 1978) Kramer, Bruce M.The Clean Air Act of 1970 utilized the innovative concept of health-based standards to achieve a technology-forcing strategy, which meant that protection of the public health could be the sole consideration in either attaining or setting an appropriate standard. However, this technique was strongly opposed for excluding from consideration any economic or technological feasibility issues as well as the social ramifications of its implementation. When applied to air pollution, this strategy necessarily involved an “all-or-nothing” result that forced stationary sources to either develop the technology necessary to limit emissions or be shut down. The Supreme Court’s decision in Union Electric confirmed the technology-forcing mandate and the resulting necessity of stationary source shutdowns in many areas of the country. Congress responded by enacting the Clean Air Act Amendments of 1977, which endorsed the technology-forcing strategy while removing the non-flexible attainment date and expanding the availability of extensions, revisions, and variances. This article considers post- Union Electric litigation involving stationary sources and the original technology-forcing strategy, and analyzes the impact of the 1977 Amendments on the continued viability of the technology-forcing strategy for stationary sources. To some extent any delay, extension, or variance emasculates the technology-forcing strategy. However, faced with the reality of non-attainment and the possible closure of important industrial operations, and apparently heeding Justice Powell's advice in Union Electric, Congress decided that delay was better than shutdowns. Item1985 Revisions to Texas Property Code, Chapter 41(Texas Tech Law Review, 1986)Provides commentary for title 41 of the Texas Property Code. The commentary starts by providing a brief history and reasoning behind homestead rights and continues with commentary related to applicability and application of several sections of the code. ItemThe 1991 Ethics Reform Legislation - Background(Texas Tech Law Review, 1992) Bresnen, Steven; Gagen, Joseph; Baccarisse, Louis; Rathgeber, Julia; Reynolds, Carl; Lundquist, Karen; Shivers, ShariDiscusses various background aspects of the 1991 ethics reform legislation. There is an introduction to why ethics reform was needed, a discussion of the Texas Ethics Commission, the Lobby Reform Act of 1991, campaign finance, penal code provisions, personal financial disclosure and conflict-of-interest provisions. Each section was written by a different individual and provides a different point of view and information. Item1995 Revisions to the DTPA: Altering the Landscape(Texas Tech Law Review, 1996) Shannon, Brian D.This Article will explore the various provisions of House Bill 668 and discuss the Bill's revisions to the Deceptive Trade Practices Act's (DTPA) and Insurance Code. In particular, the Article will examine amendments to the DTPA waiver provisions, certain exclusions from coverage under the Act, new causes of action under the DTPA, a rewrite of the DTPA's damages provisions, certain procedural revisions, and a variety of amendments to the Insurance Code. Item1995 Texas Tech University School of Law Commencement(1995-05-13) Texas Tech University School of Law Item2(B) or Not 2(B)? Whether the Negative Implication of § 502(B) Requires Disallowance of Contractual Post-Petition Attorneys’ Fees in Bankruptcy (And Why There Should Be a New Majority Approach)(Texas Tech Business & Bankruptcy Law Journal, 2015) Miller, RonaldThis comment discusses the nonuniformity in the application of 502(b) to post-petition attorneys’ fees in bankruptcy. The comment analyzes the Supreme Court decision in Travelers, which avoided resolving the issue of whether post-petition fees are disallowed by the negative implication of § 506(b). The comment further analyzes the Texas majority view in In re Seda France that disallows attorneys’ fees. Finally, the comment explains the growing minority view that post-petition fees are allowable. Item2000-2001 Members of the Journal of Texas Administrative Law(2001) Texas Tech University School of Law Item2007 Texas Legislative Update: Intestacy, Wills, Trusts, and Related Matters(2008-01) Beyer, Gerry W.An update of the legislative changes regarding selected matters pertaining to Texas wills, trusts, estates, and other related matters.