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Articles 1 - 28 of 28
Full-Text Articles in Law
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
BYU Law Review
No abstract provided.
Congressional Power To Regulate Noncommercial Activity Overseas: Interstate Commerce Clause Precedent Indicates Constitutional Limitations On Foreign Commerce Clause Authority, Jeff Christensen
Washington Law Review
Although the U.S. Supreme Court has not yet ruled any statutes criminalizing the conduct of Americans overseas unconstitutional under the Foreign Commerce Clause, three U.S. Courts of Appeals decisions use the concept of enumerated powers—important in U.S. Supreme Court decisions that invalidate statutes grounded in the Interstate Commerce Clause—to suggest limitations on Congress's Foreign Commerce Clause power. In two decisions, the U.S. Courts of Appeals for the Fifth and Ninth Circuits employed the U.S. Supreme Court's Interstate Commerce Clause framework when analyzing statutes under the Foreign Commerce Clause. In so doing, these courts suggest that Foreign Commerce Clause power is …
Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills
Let History Be Our Guide: Using Historical Analogies To Analyze State Response To A Post-Granholm Era, Matthew B. Mills
Indiana Law Journal
No abstract provided.
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Harmonizing Unfair Commercial Practices Law: The Cultural And Social Dimensions, Thomas Wilhelmsson
Osgoode Hall Law Journal
This article discusses, in light of the European experience concerning harmonization of unfair commercial practices law, the impact of social, cultural, and linguistic variations on the possibility of harmonizing or transplanting rules on commercial communications to consumers. Empirical research on national variations in consumers' responses to advertising and other marketing is used to create a typology of cases in which cultural factors should be taken into account when assessing a commercial practice from a consumer point of view. Differences between countries with regard to consumers' trust, understandings, rationality patterns, decision-making behaviour, values, and preferences are discussed as relevant cases. The …
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
What Does Granholm V. Heald Mean For The Future Of The Twenty-First Amendment, The Three-Tier System, And Efficient Alcohol Distribution?, Gregory E. Durkin
Washington and Lee Law Review
No abstract provided.
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
The Executive Role In Culturing Export Control Compliance, Matthew G. Morris
Michigan Law Review
Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate …
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
University of Richmond Law Review
No abstract provided.
The High Stakes Of Wto Reform, James Thuo Gathii
The High Stakes Of Wto Reform, James Thuo Gathii
Michigan Law Review
Behind the Scenes at the WTO definitively exposes how the trade negotiation process makes it possible for a few rich countries to dominate the trade agenda at the expense of all other countries. It is one of the first studies that authoritatively shows how trade negotiations have developed into "a game for high stakes, between unequally matched teams, where much of the game is played with few rules and no referee" (p. 50). The book attributes the deadlocked nature of the Doha Round of multilateral trade negotiations and the recent disruptions of the World Trade Organization's ("WTO") ministerial meetings to …
Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes
Secured Creditors Holding Lien Creditors Hostage: Have A Little Faith In Revised Article 9, Timothy G. Hayes
Indiana Law Journal
No abstract provided.
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
William & Mary Law Review
No abstract provided.
Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee
Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee
BYU Law Review
No abstract provided.
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
Michigan Law Review
Standard-form contracts offered to consumers contain numerous terms and clauses, most of which are ancillary to the main terms of the transaction. We call these ancillary terms "boilerplate provisions." Since most consumers do not read boilerplate provisions or, if they do, find them hard to understand, courts are suspicious of boilerplate provisions and sometimes find them unenforceable under the doctrine of unconscionability. At times, courts conclude that harsh terms have not been accepted by consumers in the first place and therefore are not included in the contract, and on other occasions courts interpret boilerplate provisions in favor of consumers, applying …
Internet Sales Taxes From Borders To Amazon: How Long Before All Of Your Purchases Are Taxed?, Walter J. Baudier
Internet Sales Taxes From Borders To Amazon: How Long Before All Of Your Purchases Are Taxed?, Walter J. Baudier
Duke Law & Technology Review
What so many internet consumers believe to be tax-free is actually subject to a state use tax. Faced with pressure from states that realize very little of the use tax owed, many online retailers, such as Wal-mart, "voluntarily" collect sales taxes from their customers. But a recent California Appeals Court decision, Borders Online v. State Board of Equalization, could mark a shift towards more prevalent, if not universal, taxation of internet retail.
Anti-Employer Blogging: Employee Breach Of The Duty Of Loyalty And The Procedure For Allowing Discovery Of A Blogger’S Identity Before Service Of Process Is Effected, Konrad Lee
Duke Law & Technology Review
The rapid rise in anonymous anti-employer internet blogs by disgruntled employees has created a tension between the liberty interests of employees in free speech and privacy and employers' rights to be free from defamation, disparagement and disclosure of confidential information by an employee. This iBrief argues that the anonymity of anti-employer bloggers should not shield employees from breach of the duty of loyalty claims under tort and contract law, and that Congress should enact rules to govern the disclosure of blogger identity.
Romania's New Child Protection Legislation: Change In Intercountry Adoption Law Results In A Human Rights Violation, Carrie A. Rankin
Romania's New Child Protection Legislation: Change In Intercountry Adoption Law Results In A Human Rights Violation, Carrie A. Rankin
Syracuse Journal of International Law and Commerce
This Note explores and critiques provisions of Law 272 and Law 273, as well as the vulnerable position of Romania's orphaned and abandoned children and Romania's unique challenges to protect them. The remainder of the Introduction maps the history of Romania's orphaned and abandoned children, highlighting the catalysts leading to Romania's need for reform of its child protection laws. Part I traces the drafting process of the new laws, with particular attention on outside influence and how the laws comply with existing international guidelines for inter-country adoption. Part II reveals the devastating consequences the new laws will continue to have …
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
The Threat Of Border Security On Indigenous Free Passage Rights In North America, Joshua J. Tonra
Syracuse Journal of International Law and Commerce
This note will examine the development and current state of passage rights under United States (Part I), Canadian (Part II), and Mexican law (Part 111). Part IV of this note will then critically explore the current state of the law as it affects two tribes whose homelands are bisected by the United States' borders with its neighbors: the Mohawk Nation, along the U.S.-Canada border; and the Tohono O'odham, on the U.S.-Mexico border. The Note will conclude with an examination of a number of possible changes to border policies affecting the indigenous nations, and a proposal for a unified policy for …
Global Compact: A Critique Of The U.N.'S "Public-Private" Partnership For Promoting Corporate Citizenship, Surya Deva
Global Compact: A Critique Of The U.N.'S "Public-Private" Partnership For Promoting Corporate Citizenship, Surya Deva
Syracuse Journal of International Law and Commerce
this article aims to critically evaluate the evolution of, and the progress made by, the Global Compact in making participant corporations "embrace, support and enact" the ten Compact principles. Part I offers insights into the evolution of the Global Compact by critically reviewing the major milestones reached in the last seven years - from the backing of U .N. General Assembly resolutions to the integrity measures, the Shanghai Declaration, the principles for responsible investment, and the new governance framework. Part II elaborates the argument why the Global Compact is still too compact to be termed global in the true sense. …
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Getting A Good Buy With A Little Help From A Friend: Turning To The United States To Go Forward With Australian Takeovers Regulation, James Mcconvill
Syracuse Journal of International Law and Commerce
The idea behind this article is to unlock the hidden "genius" of Australian takeovers law. 1 This is to be achieved not by way of legislative reform, but rather by taking a fresh look at the law which already exists, in light of the structure of U.S. takeovers law and innovation in U.S. corporate law scholarship, along with the use of principles and concepts in marketing. It will draw upon the U.S. economic analysis of law and corporate law; more specifically, treating law as a product in a market. Accordingly, this makes it useful to draw upon principles of marketing …
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
"Birds Of A Feather" Rico: Trying Partners In Crime Together, Julie Gunnigle
Syracuse Journal of International Law and Commerce
This Article examines how RICO's substantive elements, namely "enterprise," "pattern," and "racketeering activity," shift the balance of power in a criminal prosecution by altering the application of procedural and evidentiary rules. Part I reviews the relevant procedural and evidentiary rules, as they existed before RICO and the advent of the "enterprise trial." Part II introduces RICO and examines how it changed the application of these rules, with particular focus on the law of joinder of offenses and offenders. Part III examines the law of joinder and severance in the U .K. where the primary paradigm for a trial is a …
Clearing Away The Mist: Suggestions For Developing A Principled Veil Piercing Doctrine In China, Bradley C. Reed
Clearing Away The Mist: Suggestions For Developing A Principled Veil Piercing Doctrine In China, Bradley C. Reed
Vanderbilt Journal of Transnational Law
It was less than thirty years ago that China stood economically isolated from the rest of the world. Times have certainly changed. Today China's economy is one of the fastest growing in the world, and Western businesses are inundating the country to access the abundance of cheap labor. Corporate activity is progressing, yet it was only twelve years ago that China enacted its first corporate law which officially recognized the concept of limited liability. And it was not until less than a year ago that China recognized one of the most important (and most often litigated) corporate law doctrines: piercing …
From Fretting Takeovers To Vetting Cfius: Finding A Balance In U.S. Policy Regarding Foreign Acquisitions Of Domestic Assets, Gaurav Sud
Vanderbilt Journal of Transnational Law
Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal government as possible. This scheme lies in stark contrast to the merger law of many other developed nations and, as such, has become a trademark of U.S. corporate law. Recent events, however, have brought into question the system's desirability in cross-border transactions where foreign entities are investing in U.S. assets. Proponents of reform argue that the federal government should become more involved in the approval process for these transactions given increased concerns of national security, while opponents argue …
State Regulation Of Unsolicited Bulk Commercial E-Mail And The Dormant Commerce Clause, Jeffrey D. Zentner
State Regulation Of Unsolicited Bulk Commercial E-Mail And The Dormant Commerce Clause, Jeffrey D. Zentner
Vanderbilt Journal of Entertainment & Technology Law
This note will analyze the implications of the dormant Commerce Clause as applied to Virginia's stringent anti-spam law, under which two spammers have already been convicted of felony spamming. Part I will lay out the background of anti-spam legislation, case law involving other state statutes, and a brief history of United States Supreme Court dormant Commerce Clause jurisprudence. Part II will examine the validity of state spam regulation under the Federal CAN-SPAM Act of 2003 and current dormant Commerce Clause jurisprudence, using Virginia's anti-spam law as an example. Finally, Part III will examine the shortcomings of the CAN-SPAM Act and …
Always Low Prices, Always At A Cost: A Call To Arms Against The Wal-Martization Of America, 40 J. Marshall L. Rev. 267 (2006), Justin R. Watkins
Always Low Prices, Always At A Cost: A Call To Arms Against The Wal-Martization Of America, 40 J. Marshall L. Rev. 267 (2006), Justin R. Watkins
UIC Law Review
No abstract provided.
The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin
The "Protection Of Lawful Commerce In Arms Act": Immunity For The Firearm Industry Is A (Constitutional) Bulls-Eye, R. Clay Larkin
Kentucky Law Journal
No abstract provided.
Statutory And Judicial Approaches To Gray Market Goods: The "Material Differences" Standard, Lynda J. Oswald
Statutory And Judicial Approaches To Gray Market Goods: The "Material Differences" Standard, Lynda J. Oswald
Kentucky Law Journal
No abstract provided.
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
Syracuse Journal of International Law and Commerce
India's Information Technology Act (/TA) recognizes the legal validity of £-documents, £-signatures and £-contracts, and also promotes £-government. £-documents are not allowed in wills, trusts, sales of real property, negotiable instruments and powers-of-attorney. An £-document may be used to satisfy a statutory requirement of writing; authentication; retention; publication; and governmental filing, issuance or payment. A digital signature complies with a statutory requirement for a handwritten signature to be affixed on paper. The /TA includes £-contract rules relating to: attribution, acknowledgement of receipt, and time and place of transmission and reception of an electronic message. Rules are provided for the regulation …
The Ghost Of Alan Freed: An Analysis Of The Merit And Purpose Of Anti-Payola Laws In Today's Music Industry, Kristen Lee Repyneck
The Ghost Of Alan Freed: An Analysis Of The Merit And Purpose Of Anti-Payola Laws In Today's Music Industry, Kristen Lee Repyneck
Villanova Law Review
No abstract provided.