Digital Commons Network^™

Class Action In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In April 2011 the Mexican Parliament approved a legislative package that regulates class actions. The amended laws are six: (1) Federal Code of Civil Proceedings; (2) Federal Civil Code; (3) Federal Law of Economic Competence; (4) Federal Law of Consumer’s Protection; (4) Organic Law of the Federal Judicial Power; (5) General Law of Ecological Equilibrium and Environmental Protection; and (6) Law of Protection to the User of Financial Services. On August 30th 2011, the Federal Official Gazette published this amendment to the federal law.

Conventional Wisdom: Acknowledging Uncertainty In The Unknown, Meg Penrose

Meg Penrose

No abstract provided.

The New Judicial Takings Construct, Timothy M. Mulvaney

Timothy M. Mulvaney

No abstract provided.

Proteção Ao Acionista Minoritário No Brasil: Breve Histórico, Estrutura Legal E Evidências Empíricas, Bruno Meyerhof Salama, Viviane Muller Prado

Bruno Meyerhof Salama

A Economia Da Arbitragem, Bruno Meyerhof Salama

Bruno Meyerhof Salama

Operações De Crédito Dentro De Grupos Financeiros: Governança Corporativa Como Complemento À Regulação Bancária, Bruno Meyerhof Salama, Viviane Muller Prado

Bruno Meyerhof Salama

Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors discuss different legal mechanisms to franchise your business successfully while minimizing legal risks.//////////////////////////////////////Los autores analizan los diferentes mecanismos legales para desarrollar una franquicia con éxito y reducir al mínimo los riesgos legales.

Regulatory Overlap, Overlapping Legal Fields, And Statutory Discontinuities, Todd S. Aagaard

Todd S Aagaard

Lawmakers and scholars alike criticize regulatory overlap on the ground that giving administrative agencies overlapping jurisdiction leads to duplicative or conflicting regulation which is inefficient and unduly burdensome. This Article challenges this orthodox account of regulatory overlap through examination of six case studies in which the Environmental Protection Agency and the Occupational Safety and Health Administration have managed their jurisdictional overlap so as to create regulatory synergy rather than dysfunction. Although this Article is not the first to argue that regulatory overlap may improve the effectiveness of regulatory programs, the case studies examined here highlight two important aspects of regulatory …

Von's Oklahoma, Dennis W. Arrow

Dennis W. Arrow

No abstract provided.

Sham Marriages, Ancillary Powers, And Moral Discourse, Siyuan Chen

Siyuan CHEN

No abstract provided.

The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen

Siyuan CHEN

No abstract provided.

Expert Evidence And The Ultimate Issue Rule, Siyuan Chen

Siyuan CHEN

No abstract provided.

Complementary Protection For Victims Of Human Trafficking Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

The international legal framework regulating the problem of human trafficking contains the presumption that the return of victims of human trafficking to their countries of origin is the standard resolution for their cases. However, victims might have legitimate reasons for not wanting to go back. For those victims, resort to the legal framework of the European Convention on Human Rights could be a solution. I elaborate on the protection capacity of Article 3 when upon return victims face dangers of re-trafficking, retaliation, rejection by family and/or community and when upon return in the country of origin victims could be subjected …

Sample Problem-Based Teaching Materials: First Year Contracts, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

Transnational Business And Environmental Harm: A Twail Analysis Of Home State Obligations, Sara L. Seck

Sara L. Seck

Duress, Péter Cserne

Péter Cserne

This chapter is to appear in Contact Law and Economics, part of the Elgar Encyclopedia of Law and Economics, 2nd ed. Its purpose is to provide an overview of the economic analyses of contractual duress. The focus is on the distinctive features of the economic perspective on the duress doctrine, as developed in the theoretical literature of law and economics. Along with the results of economic analysis, the legal background and some non-economic theories of duress are also briefly presented.

Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann

James Grimmelmann

In addition to gerund-noun-noun titles and a concern with the misaligned incentives of businesses that handle consumers' financial data, Chris Hoofnagle's Internalizing Identity Theft and Juliet Moringiello's Warranting Data Security share something else: hidden themes. Hoofnagle's paper is officially about an empirical study of identity theft, but behind the scenes it's also an exploration of where we draw the line between public information shared freely and secret information used to authenticate individuals. Moringiello's paper is officially a proposal for a new warranty of secure handling of payment information, but under the surface, it invites us to think about the relationship …

Negotiating Federalism, Erin Ryan

Erin Ryan

Impact Of The Financial Crisis On Trade & Investment, Padideh Ala'i

Padideh Ala'i

Trade And Sustainable Development, Padideh Ala'i

Padideh Ala'i

Is It Just The Horns Of A Dilemma?, Craig B. Mousin

Craig B. Mousin

No abstract provided.

Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …

New Business Models For Music, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

The popular music industry is in the middle of a technology-driven revolution. It is clear that the old order has been swept away, but it is not yet clear what form the “new order” will take. The major labels are on life support and will not survive in anything like their previous form. Compact Discs are dead as a distribution medium. Copyright is unenforceable and hence essentially irrelevant except at the margins of the “new order.” Barriers to entry have been reduced dramatically as the costs of producing top-quality recordings have declined by a couple of orders of magnitude. Portable …

"Open The Doors And Where Are The People?: Constitutional Dialogue In The Shadow Of The People", Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Procedimiento De Acciones Colectivas. Comunicación A Consumidores, Derecho De Exclusión Voluntaria Y Cosa Juzgada., Gabriel Martinez Medrano

Gabriel Martinez Medrano

Comentario a la Resolución de la Cámara en lo Contencioso Administrativo y Tributario de la Ciiudad Autónoma de Buenos Aires, Sala II.

Blindsight: How We See Disabilities In Tort Litigation, Anne Bloom, Paul Steven Miller

Anne Bloom

No abstract provided.

The Relationship Between The New York State Division Of Housing And Community Renewal And The New York City Housing Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Drafting New York Civil-Litigation Documents: Part Iv—The Complaint, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

New York Residential Landlord-Tenant Law And Procedure—2010-2011 (3d Ed. 2011), Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Societal Properties And Law On Same-Sex Non-Marital Partnerships And Same-Sex Marriage In European Union Nations, Larry D. Barnett, Pietro Saitta

Larry D Barnett

No abstract provided.