Digital Commons Network^™

Removing The Scaffolding: The Qtip, Provisions And The Ownership Fiction, Dana R. Irwin

Dana Remus Irwin

No abstract provided.

The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic

Antonin I. Pribetic

The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …

Claims For A New Social And Legal Structure In The World Trade Organization And The Brazilian Experience, Michelle Sanchez-Badin

Michelle R Sanchez-Badin Mrs.

The work departs from the assumption that some new challenges instigated by the globalization process affected the multilateral trade system, especially the World Trade Organization (WTO) regulation. Taking into account the complexity of relations among different actors in the international system, the focus of the analysis is the claims for a new social and legal structure in the WTO. In other words, on the claims for institutional structures recognizing new personalities and new sources of law in the multilateral trade system. The analysis is developed under the perspective of the sociology of law. The main hypothesis is that if there …

Symposium Incomplete Contracts: Judicial Responses, Transactional Planning And Litigation Strategies, Juliet P. Kostritsky

Juliet P Kostritsky

Scholars working in the law-and-economics tradition have suggested that courts should use a hypothetical bargain approach to incompleteness, filling in terms that are optimal (efficient) and that the parties themselves would have achieved were it not for the transaction costs.While the authors in this Symposium draw on this traditional economic analysis of contracts, they explore new insights from economics and “economic contract theory”that complicate the analysis of incompleteness in contracts. Relying on economists’ theories of incomplete contracts, the Symposium authors identify uncertainty and the cost of and limited access to information as key problems affecting parties both ex ante when …

Impugnazione Di Deliberazione Assembleare, Conflitto Di Interessi E Nomina Di Curatore Speciale. La Battaglia Giudiziaria Per Il Controllo Di Antonveneta, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

La Libertad Y El 28 De Julio, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

No abstract provided.

Executing The Factually Innocent: The U.S. Constitution, Habeus Corpus, And The Death Penalty: Facing The Embarrassing Question At Last, Charles I. Lugosi

Charles I. Lugosi

No abstract provided.

Wrongful Abortion: A Wrong In Search Of A Remedy, Ronen Perry, Yehuda Adar

Ronen Perry

Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. Based on the expert opinion, she decides to undergo an abortion. Only after the abortion does she learn that the advice regarding the baby's health was a negligent misrepresentation, and that the termination of the pregnancy was unnecessary. Underlying our article is a fundamental intuition that the …

Advertisements Misrepresentation And Remedies, Narsimha Rao A.V

Dr. A.V Narsimha Rao

Advertisements, with their effective designs and statements, influence people in their decision-making. With the exaggerated information, advertisments mislead and dissatisfy the consumer, who in turn becomes a bad advertiser. Due to this, the advertisers face embarrassing situations and pay a heavy price for their mistake. So it is essential to formulate a policy for advertising and make sure they work within the legal framework and in accordance with the codes created for the purpose of maintaining advertisement standards.

Ordered To Die, Marios Papaloukas

Marios Papaloukas

This article by C. Sofoulakis, Christos Papaloukas, Marios Papaloukas is about the case of Terri Schiavo who after suffering a cardiac arrest remained for fifteen years in a vegetative state. It examines whether euthanasia should be allowed in such cases.

The Law Firm Experience, Susan Duncan

Susan Duncan

This short essay describes how to use attorneys to enrich legal writing classes. The lawyers played the role of senior partner in their respective law firms. The students played the role of “junior associate” and consulted with the “senior partner” about the case they are working on.

Numero E Modo Di Nomina Degli Arbitri Tra Arbitrato Ordinario E Arbitrato Societario, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Propuestas Para Una Reforma De La Legislación Societaria En El Perú, Parte 2, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Propuestas Para Una Reforma De La Legislación Societaria En El Perú, Parte 1, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Debate: La Revolución Jurídica Del Derecho Informático, Juan Pablo Pampillo Baliño

Juan Pablo Pampillo Baliño

No abstract provided.

Constitutional Jurisdiction Over Paracopyright Laws , Jeremy F. De Beer

Jeremy de Beer

This paper considers whether the Government of Canada's proposed legislation addressing technological protection measures and rights management information would be constitutionally valid federal law and examines the provinces' role in the debate over these copyright reforms. The Constitution allocates exclusive legislative responsibility for various matters to either the federal or provincial governments. The constitutionality of the proposed provisions turns on their pith and substance, which seems to involve technological and contractual controls over terms of distribution of digital materials. For a list of reasons, qualifications on the legal effects, intended to tether the legislation to existing copyright doctrine, may not …

La Naturaleza Jurídica De La Sociedad, Carlos D. Echaiz Moreno

Carlos D Echaiz Moreno

No abstract provided.

Lo Errado, Lo Inconcluso Y Lo Imprevisto En La Ley General De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Sentencing Commissions As Provocateurs Of Prosecutor Self-Regulation, Ronald F. Wright

Ronald F. Wright

This Article examines potential efforts by sentencing commissions to influence the work of prosecutors, especially the charges they select and the plea bargains they enter. The practical objections to prosecutorial guidelines issuing from a sentencing commission emphasize two problems: the linguistic impossibility of creating meaningful guidelines and the political impossibility of promulgating them. But experience in the states casts doubt on each of these objections. Some states have codified preexisting prosecutor guidelines, generated by prosecutors themselves, while other states have prompted prosecutors to develop their own internal guidance.

Prompted self-regulation of prosecutors will prove most effective when the ambitions for …

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.

Intercountry Adoption As Child Trafficking, David M. Smolin

David M. Smolin

This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.

Motherhood, Fatherhood And Law: Child Custody In Israel, Daphna Hacker

Daphna Hacker

No abstract provided.

El Recurso Extraordinario Por Arbitrariedad De Sentencia En La Corte Suprema, Horacio M. Lynch, Laura Bierzychudek, María Clara Pujol, Sofía Plazibat, Martín Bruzzi

Horacio M. LYNCH

Este trabajo comprende un estudio realizada entre el 21 de febrero y el 21 de mayo de 2005 sobre la labor de la Corte Suprema de Justicia de la Nación Argentina con relación al Recurso Extraordinario Arbitrariedad de Sentencia. Presenta la situación objetiva y actual generada por este peculiar recurso extraordinario y su incidencia en el trabajo de la Corte a través del análisis estadístico de sus fallos y de su estudio comparativo. Asimismo, se integra y completa con otros documentos – un folleto con las conclusiones más importantes, presentadas en forma gráfica y una presentación en Power Point – …

An Arbitrator's Authority To Award Attorney Fees For Bad-Faith Arbitration, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Lo Transitoriamente Eterno, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack

Malla Pollack

In 2001, the United States Supreme Court decided that sexually reproduced plants (which include major crop plants such as corn) are statutorily proper subject matter for utility patents. See J.E.M. Ag Supply, v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). Since that decision, critics from many disciplines have argued that the world's food supply is at risk from giant agribusinesses' manipulation of utility patents on genetically modified plants and animals. In light of these fears, this paper revisits J.E.M. and then highlights a related, still-open legal problem with biotechnology patents.

Looking backwards to J.E.M., the paper reaches several negative …

A Network Effects Perspective On Software Piracy, Ariel Katz

Ariel Katz

The software industry frequently maintains that software piracy is no more than theft and a cause of huge losses. Courts and other policy makers easily adopt that straightforward argument. Surprisingly, however, many software publishers do not employ any technological measures to protect their software from piracy and many popular software products are distributed without any means of protection and are easily pirated. This lack of protection is puzzling; a solution for that puzzle is the focus of the article. The first part of the article challenges the conventional explanations that are usually given for the failure to protect software and …

An Exchaustive Commentary On - The Prevention Of Food Adulteration Act & Rules (Central And States With State Amendments) - A Book Review, Aparna Meduri

Aparna Meduri

No abstract provided.

Tracing, Spousal Gifts, And Rebuttable Presumptions: Puzzles Of Oregon Property Division , Leslie Joan Harris

Leslie J. Harris

No abstract provided.

Contratto Di Compravendita E Riserva Di Proprietà Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.