Law Commons^™

Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado

José-Manuel Martin Coronado

This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial resources, …

Extensión De Quiebra Y Socios Ilimitadamente Responsables, Carlos Molina Sandoval

Carlos Molina Sandoval

La extensión de quiebra a los socios con responsabilidad ilimitada ha sido el típico e inveterado supuesto concebido ya desde la sanción del Cód. Com. (arts. 1530, Cód Com. de 1.880; 1384, Cód Com. de 1.889; 4, ley 4156; 6, ley 11.719, y 164, ley 19.551). En esencia, importa la declaración de quiebra de los socios con responsabilidad ilimitada en caso de que la sociedad sea declarada en quiebra. Básicamente los presupuestos son: i) declaración de quiebra de la sociedad; ii) existencia de socios con responsabilidad ilimitada. En el presente trabajo se analizan los distintos aspectos del supuesto previsto en …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

Lowering The Filed Tariff Shield: Judicial Enforcement For A Deregulatory Era, Jim Rossi

Vanderbilt Law Review

The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against common law and antitrust claims that reinforce market norms. In the ideal world, Congress would expand the jurisdiction of regulatory agencies to allow them to penalize private misconduct. However, since that has not always happened, the filed tariff doctrine has encouraged private firms to expend resources in using the regulator as a strategy to immunize conduct from antitrust and common law antitrust claims.

This Article assesses how …

Online Defamation: Bringing The Communications Decency Act Of 1996 In Line With Sound Public Policy, Ryan W. King

Duke Law & Technology Review

According to the Communications Decency Act of 1996, a provider of an interactive computer service cannot be held liable for publishing a defamatory statement made by another party. In addition, the service provider cannot be held liable for refusing to remove the statement from its service. This article postulates that such immunity from producer and distributor liability is a suspect public policy, and argues that the statute should be amended to include a broad definition of "development" and a "take-down and put-back" provision.

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee（司法改革背景下的政法治理方式——基层政法委员会制度个案研究）, Meng Hou

Hou Meng

No abstract provided.

Foreword, Stephen M. Schwebel

Vanderbilt Journal of Transnational Law

I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.

Jon's professional accomplishments were increasingly large. …

A Beautiful Mend: A Game Theoretical Analysis Of The Dormant Commerce Clause Doctrine, Maxwell L. Stearns

William & Mary Law Review

While the Commerce Clause neither mentions federal courts nor expressly prohibits the exercise of state regulatory powers that might operate concurrently with Congressional commerce powers, the Supreme Court has long used the dormant Commerce Clause doctrine to limit the power of states to regulate across a diverse array of subject areas in the absence of federal legislation. Commentators have criticized the Court less for creating the doctrine than for applying it in a seemingly inconsistent, or even haphazard way. Past commentators have recognized that a game theoretical model, the prisoners' dilemma, can explain the role of the dormant Commerce Clause …

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.

Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy

ExpressO

Abstract: Corporations law around the world is moving in the direction of the shareholder primacy model, common in the USA and other common law countries. Lawyers, academics and public policy analysts are divided as to the merits of the model and its main competitor, the stakeholder model. The gist of arguments usually hinge on economics. This article examines the claims for and against the two models on their own terms, and suggests that law has a unique contribution to make to the development of the corporation and society.

Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Regulating Internet Payment Intermediaries, Ronald J. Mann

ExpressO

This paper examines legal and policy issues raised by changes in payment methods related to the rise of the Internet. The two major changes – the rise of P2P systems like PayPal, and the rise of Internet billing systems (EBPP) to replace the use of paper bills and checks – both involve new intermediaries that facilitate payments made by conventional payment systems. The paper first discusses how those systems work. It then discusses problems in the framework currently used to regulate those systems in the United States, which has not been updated to protect consumers from the special problems those …

Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts

ExpressO

The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …

An Issue Of Absolution: Section 391 Of The Companies Act, Pearlie Koh

Research Collection Yong Pung How School Of Law

There is an obvious tension in the imposition of directors’ duties. Whilst directors being the management, and therefore the eyes, ears and brain of the corporate person, must be given sufficient discretion to take on entrepreneurial (and hence risky) ventures with a view to profit maximisation, there is also the need to curb excesses, as the potential or opportunity for mismanagement, negligence and fraud is omnipresent. [T]his short article considers section 391 of the Companies Act (Cap 50), arguably the statutory nemesis of directors’ duties. Section 391 gives jurisdiction to the court hearing the case to relieve an officer from …

Forged Facsimile Signatures And Basic Principles Of The Law Of The Check Collection System, James S. Rogers

ExpressO

No abstract provided.

Cuestiones Procesales En La Ley De Defensa De La Competencia, Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Licencias "Atadas" Sobre Derechos Intelectuales Y Defensa De La Competencia., Gabriel Martinez Medrano

Gabriel Martinez Medrano

No abstract provided.

Análisis Jurídico Del Control En Los Grupos De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Responsabilidad Derivada De Las Relaciones Contractuales Entre Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Uniform Commercial Code Survey, Sales, Robyn L. Meadows, Larry T. Garvin, Carolyn L. Dessin

Robyn L Meadows

No abstract provided.

Bounded Rationality, The Doctrine Of Impracticability, And The Governance Of Relational Contracts, Donald J. Smythe

ExpressO

This article uses a behavioral economics approach to analyze the effects of the doctrine of impracticability on “relational” contracts -- long-term contractual agreements that are typically adapted to changed circumstances and unforeseen contingencies as they arise. In contrast to conventional law and economics studies, the article concludes that the impracticability doctrine has the potential to improve the efficiency and productivity of a wide range of long-term contractual agreements, and offers normative guidelines as to how the doctrine should be applied. The article also examines and rejects various philosophical objections to the impracticability doctrine, such as the arguments that it interferes …

The Pending Determination Of The Legality Of Internet Gambling In The United States, Gregory Manter

Duke Law & Technology Review

Internet gambling has been targeted on many fronts in the United States, including Congress, the courts, the Bush Administration and credit card agencies. This iBrief details recent trends in the regulation of online gaming, and concludes that while absolute prohibitions may be ineffective, the combined resistance of these institutions will prevent the industry from expanding its customer base.

Once A Director, Always A Fiduciary?, Pearlie Koh

Research Collection Yong Pung How School Of Law

The corporate director is subject to duties of good faith and loyalty. As he stands in a fiduciary position vis-a-vis the company on whose board he sits, he is subject to strict obligations of self-denial. Indeed, ensuring adherence to an absolute rule in this regard is justified by the need to control, albeit in a necessarily imperfect and arguably ineffective manner, the exercise of discretion by the director who stands in an undoubted position of power with respect to the company. A director therefore is obliged to avoid a conflict of interests and is prohibited from profiting from his office. …

A Continuing History Of Arkansas's Usury Law: On The Verge Of Extinction?, Kenneth E. Galchus Ph.D., Ashvin Vibhakar Ph.D.

University of Arkansas at Little Rock Law Review

No abstract provided.

‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello

Juliet M. Moringiello

No abstract provided.

La Captura Del Agente Regulador, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Can The Internet Kill? Holding Web Investigators Liable For Their Criminal Customers, Mark Sweet

Duke Law & Technology Review

As the wealth of online information grows, private investigation websites are becoming more powerful and popular. Their client lists include attorneys, insurance agencies, banks, neighbors, employers, and, oh yes, stalkers and identity thieves. When a stalker used information from a web investigator to track down and kill his victim, the New Hampshire Supreme Court held the investigator liable for its customer's criminal acts. This iBrief considers how far liability should extend for a web investigator, distinguishes web investigators from handgun and bullet retailers, and explains how this decision realizes a policy against privacy invasions.

Enrique Normand Sparks: Maestro Del Derecho Societario En El Perú, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Public Independent Fact-Finding: A Trust-Generating Institution For An Age Of Corporate Illegitimacy And Public Mistrust, R. William Ide Iii, Douglas H. Yarn

Vanderbilt Law Review

Public distrust in the wake of corporate scandals caused corporate legitimacy crises for the companies involved and for the marketplace as a whole. The loss of trust has contributed to an environment in which traditional responses to allegations of wrongdoing and incompetence are less effective. Alternatively, organizations engage in "Public independent fact-finding" ("PIFF") by hiring public figures with reputations for integrity to conduct internal investigations and to report their findings to the public. This Article describes the role played by trust, reputation, and social legitimacy in the health of organizations and examines corporate legitimacy crises and traditional responses. Identifying factors …