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Articles 1 - 16 of 16
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International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga
LLM Theses and Essays
Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
An End To The Political Question Doctrine In Korea?: A Comparative Analysis, Myeong-Sik Kim
LLM Theses and Essays
The political question doctrine is one of the controversial issues in Korea and U.S. The most important point is, however, that the current trend on political questions in Korea is in line with that of American judicial activism. In other words, both countries are trying to narrow the range of the doctrine. Nonetheless, the two are proceeding in sharply opposite directions. Fully matured, even excessively extended American judicial activism should return to the classical separation of powers doctrine. In contrast, a developing Korean judicial activism should be accelerated by the support and encouragement of the people, in support of the …
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
Conflict Of Laws In The Enforcement Of Foreign Awards And Foreign Judgments: The Public Policy Defense And Practice In U.S. Courts, Anupama Parameshwaran
LLM Theses and Essays
Public policy is one of the defenses that a court or a party may invoke in order to resist enforcement of an unjust foreign award or judgment. The purpose of this study is to analyze the status of the public policy as a defense to enforcement in the U.S and to examine its success rate. The thesis will contain suggestions to make public policy a more meaningful defense with respect to the enforcement of foreign judgments and its role in bringing about uniformity in the field of foreign judgments will be analyzed.
Freedom Of Speech, Cinema And Censorship: A Comparative Analysis Of Issues Of Freedom Of Speech Violations As A Result Of The Rating Regulation Authorities In The Motion Picture Industry In France And The United States, Stephanie Grenier
LLM Theses and Essays
Motion pictures may be the single greatest cultural influence on the collective psyche, along with television. The silver screen has become a reflection of France (where it was first invented) and the United States (where cinema is a major art form) as nations. With, arguably, [sic] is the national character of these countries at stake; one would expect the government to assert a substantial interest in monitoring this powerful cultural instrument. They do so in France, the industry in charge of it in the United States. Therefore, the success of the motion picture industry has come at the expense of …
Minority Shareholders And Oppression In Close Corporations: Contracting As An Effective Protection Device, Marcella Machado Carneiro
Minority Shareholders And Oppression In Close Corporations: Contracting As An Effective Protection Device, Marcella Machado Carneiro
LLM Theses and Essays
Minority shareholders have been facing problems generated by oppressive behavior of majority shareholders since people started to incorporate. Due to unique characteristics of close corporations, those problems acquire a different dimension when this kind of enterprise is involved. The absence of market for its shares, the nature of the relationship among its partners, and the expectations of the participants on the business create an environment in which oppression develops extremely easily. Along with the help courts and legislators have been providing through increasingly flexible decisions and statutes, practice has shown that there is much to be done by the minority …
Multinational Corporations Facing The Varying Concepts Of Jurisdiction : "Forum Non-Conveniens", Contrasts Between The Anglo-American And The European Law Systems, Sandrine Buttin
LLM Theses and Essays
This thesis compares the rules of jurisdiction applicable to multinational corporations within two legal systems. The Anglo-American system favors forum non conveniens, whereas, the European applies European Regulation (EC) No. 44/2001. The difference between the two approaches permits litigants to practice forum shopping. The focus of the paper is to give an overview of the two approaches and to contrast them.
An Analysis Of The Duty To Negotiate In Good Faith: Precontractual Liability And Preliminary Agreement, Aarti Arunachalam
An Analysis Of The Duty To Negotiate In Good Faith: Precontractual Liability And Preliminary Agreement, Aarti Arunachalam
LLM Theses and Essays
Good faith is one concept that defies a clear definition and courts have struggled to understand and establish its scope and ambit. This paper just seeks to analyze the scope of the duty of good faith as understood at the stage when actually no contract has been formed. Despite considerable support for the existence of a duty of good faith, courts in US have not been very receptive in recognizing the duty of good faith especially in the precontractual stage, especially when parties enter into preliminary agreement. Courts have relied on the a number of factors to determine the enforceability …
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
LLM Theses and Essays
Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …
The Intra-Enterprise Conspiracy Doctrine As Applied To Affiliated Corporations Under Section 1 Of The Sherman Act, Michael B. Menz
The Intra-Enterprise Conspiracy Doctrine As Applied To Affiliated Corporations Under Section 1 Of The Sherman Act, Michael B. Menz
LLM Theses and Essays
The thesis revisits antitrust law’s intra-enterprise conspiracy doctrine in the context of affiliated corporations. After an analysis of the doctrine, its tension with the inevitable cooperation in a corporate group, and the reasons for its rejection in a limited setting by the Supreme Court, the paper goes on to explore the groundings for a broader solution. It clarifies how far the lower courts have extended the Supreme Court’s rationale and suggests a consistent standard as to when corporate groups form a single economic unit for purposes of section 1 of the Sherman Act. According to this standard, courts should assess …
Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov
Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov
LLM Theses and Essays
This thesis discusses the main problems that face tax authorities of many countries in the process of taxation of electronic commerce. It analyzes examples of problems posed by the growth of e-commerce in the context international direct and indirect taxation. Current international policy issues are the subject of discussion of the thesis. The thesis also analyzes some of the proposals regarding taxation of electronic commerce.
Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva
Public And Private Interests In Copyright Law: Creativity, Science And Democracy Vs. Property And Market, Daryana I. Kotzeva
LLM Theses and Essays
Copyright law in USA has a utilitarian objective, which has to be fulfilled through economic incentives given to authors. Creative works produce social and cultural benefits for society. Often the market power of the copyright owner, combined with property aspirations prevents the free flow of information and impedes learning. Restrictions of copyright owner’s monopoly such as the doctrine of fair use are inevitable. Free speech values in the Copyright Clause are consistent with broad public interest of information and are justified by the notion of liberty. The idea-expression dichotomy reconciles the conflict between the Copyright Clause and the First Amendment. …
The Right To Freedom Of Religion Vis A Vis Religious Intolerance In The New Millennium, Buihe P. Okenu
The Right To Freedom Of Religion Vis A Vis Religious Intolerance In The New Millennium, Buihe P. Okenu
LLM Theses and Essays
The right to freedom of religion has come to limelight with the increase in religious violence and intolerance. With the multiplicity of religions, there tends to be an increase in conflicts. Protection of religion as well as protection from religion has become a dire necessity, if there is to be peace in our world today. Individual religious rights as well as group rights and religious minority rights need to be addressed. There is need for a convention on religion, which will have binding and legal effect on all nations. The issue of the enforcement of the right to freedom of …
A Comparison Of Environmental Impact Assessment Process Between The National Environmental Protection Act (Nepa) And The Basic Environmental Protection Act (Bepa), V An Rhee
LLM Theses and Essays
The importance of environmental laws in the developed countries has been well recognized for a long time and a number of regulations, orders and statutes are practically operated for protection of human environments. The environmental laws are firmly located as one of major laws in the legal systems of the United States. Although Korea’s environmental laws were made when those of the United States were created, different backgrounds Korea has affect from establishment of them to development and have brought about harms to environments, which are not originally intended. After several amendments of environmental laws of Korea, there is the …
Offshore Investments, Ana Maura M. Safrin
Offshore Investments, Ana Maura M. Safrin
LLM Theses and Essays
This paper presents a study about offshore investments. It offers a broad analysis of the most popular structures used to carry those investments, the reasons why individuals and corporations choose this path and places that offer benefits for foreign investors. It also presents a discussion about the point of view of some international organizations regarding the use of offshore jurisdictions. Since the author is from Brazil, a brief description of the Brazilian laws for investors that "go offshore" is included in addition to the American laws. The work experience of the author with the subject was a good source of …
Balancing Interests: Statute Of Limitations And Repose In Medical Malpractice Cases, Laurie L. Paterson
Balancing Interests: Statute Of Limitations And Repose In Medical Malpractice Cases, Laurie L. Paterson
LLM Theses and Essays
In the 1970s a crisis occurred in the medical malpractice insurance industry. As tort law began to favor plaintiffs, the number and severity of medical malpractice claims increased. Insurance companies inundated with a deluge of claims correspondingly increased their premiums or pulled out of the malpractice insurance industry all together. Some physicians were unable to obtain medical malpractice insurance and others were faced with as much as a 300% rise in insurance premiums. As a result, the medical profession urged states to enact medical malpractice tort reform. Some states’ tort reform included legislation such as award caps, collateral source offset, …
Privacy And Personal Data Protection In The Information Age: A Comparative Evaluation, Emeka B. Obasi
Privacy And Personal Data Protection In The Information Age: A Comparative Evaluation, Emeka B. Obasi
LLM Theses and Essays
The United States and European economies are both information economies, however, they have different approaches in protecting personal information. This study examines in as much detail as possible, the relevant privacy laws in the two economic regions. The Europeans have a comprehensive legislation regulating personal information that vests considerable control on the data subject. Europeans characterize personal data as a fundamental human right. Americans, on the other hand, protect personal information by legislating for specific industries as the need arises and do not recognize privacy of personal information as a fundamental right. This study concludes the European approach is preferable, …