Wider stakeholder interests in reorganization: policy considerations and comparative approaches in U.S. and Canadian law
Bibliographic record
Abstract
In this study I research the theoretical rationales and the literature on the policy considerations of social stakeholders' influence in reorganization proceedings. I argue that there are reasonable foundations for the courts to adhere to the principle of interpretation that maintains that, while secured creditor's fundamental rights can be safeguarded, social entitlements must also be taken in consideration, in insolvency proceedings. I present what these 'social entitlements' are and also what are the reasons for the expansion of their prerogatives within bankruptcy law. After the theoretical discussion, I exemplify in the Canadian and U.S. case law how this principle has already been employed in court reasoning. I propose that the rule of considering social stakeholders in reorganization proceedings can satisfactorily balance the Interests of traditional creditors and of social stakeholders.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.015 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.010 | 0.015 |
| Science and technology studies | 0.022 | 0.034 |
| Scholarly communication | 0.017 | 0.008 |
| Open science | 0.003 | 0.005 |
| Research integrity | 0.006 | 0.004 |
| Insufficient payload (model declined to judge) | 0.012 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".