Law Commons^™

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.

Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison

Caren Myers Morrison

No abstract provided.

Convocatoria A Junta General: Resolución Nº 018-1999-Orlc/Tr, Abelardo D. Chalán

Abelardo D. Chalán

No abstract provided.

Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen

Sylvia B. Caley

With increasing frequency, human organs and tissues are being placed in the stream of commercial transactions to be treated as commodities. The transplant community, the media, and legislative bodies are following this commercial development with intense interest. The following three topics — the commercialization of biotechnology products, the media’s response to transplant activities, and the European Community’s (EC) development of policies and regulations concerning organ and tissue replacement therapy — highlight many of the ethical and legal concerns facing transplant medicine today. Preparation for the challenges of the future begins with honest appraisal and analysis of the evolution of ethical …

Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz

Mark E. Budnitz

No abstract provided.

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …

66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar

Amit Kumar

Global conference to coincide with the Indian Law Day celebrations, INBA is to conduct Annual Conference, titled “66th National Law Day” on November 25th to 26th, 2015 at The Shangri-La’s Eros Hotel, New Delhi. This conference proposes to bring participation from Legal Luminaries, Senior Government Officials, Legal Departments of Fortune 500 companies, International Law Firms, Senior Lawyers, business and Judges across the globe. The main goal of the conference is to provide platform for Legal Community to discuss and deliberate on several important international legal issues. Opportunities: 1. Networking with Peers. 2. Speaking Opportunity. 3. Get Inspired. 4. Meet Key …

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

Commercial And Consumer Transactions: Cases, Text And Materials, Benjamin Geva, Jacob Ziegel

Benjamin Geva

Commercial and Consumer Sales Transactions provides a comprehensive overview of Canadian sales law with a focus on the parties’ substantive rights and obligations and how these rights are enforced (or not enforced) in practice, particularly in the consumer area. Topics covered include: Seller’s implied obligations with respect to description, quality, and delivery Transfer of title between owners and non-owners Manufacturer’s liability A range of buyer’s remedies

Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva

Benjamin Geva

No abstract provided.

Amending The Competition Act, Trevor Farrow, Kent Thomson

Trevor C. W. Farrow

No abstract provided.

Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben

Stephanie Ben-Ishai

In this article, Professors Stephanie Ben-Ishai and Stephen Lubben explore the recent surge in popularity of “quick-sales,” essentially the pre-reorganization plan sale of an insolvent debtor’s assets. In their examination of quick sales, the authors use the recent examples of Lehman Brothers and Chrysler to illustrate the popularity and relevance of the pre-plan sales. The authors then move on to a more detailed discussion of the quick sales process in both Canada and the United States, isolating the differences and similarities between both countries, and weighing the costs and benefits of each approach. Ultimately, the authors argue that questions of …

Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher

Kylie Fletcher

Extract: Canada is one of the world’s leading petroleum producers. It claims significant proven reserves of oil and natural gas. Canada’s reserves are estimated to be in the order of 173 billion barrels of oil and 70 trillion cubic feet of natural gas. Canada’s provinces, listed in order of entry into confederation, are Ontario (1867), Quebec (1867), Nova Scotia (1867), New Brunswick (1867), Manitoba (1870), British Columbia (1871), Prince Edward Island (1873), Saskatchewan (1905), Alberta (1905) and Newfoundland and Labrador (1949). Its territories are the Northwest Territories, Yukon and Nunavut. Canada has an extensive coastline, and lays claim to significant …

Moderator, Article 9 Remedies, Ingrid Hillinger

Ingrid Michelsen Hillinger

The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown

Ronald Brown

The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.

Promoting Commercial Law Reform In Eastern Europe, Samuel Bufford

Hon. Samuel L. Bufford

This article is my account of what I did in a decade of advising governments and teaching judicial seminars on commercial law matters in Central and Eastern Europe, beginning in 1991. This article contains my individual reflections on more than a dozen visits to developing countries in Central and Eastern Europe to advise governments and to educate their judges, and several visits of judges from some of those countries to the United States. In many ways, my experiences are typical of United States judges who have done the same kind of work in developing countries. In some ways, my experiences …

Perspectives Of A New Executive Director, William H. Henning

William H. Henning

Article Extract:

It goes without saying that a national economy cannot function efficiently without a core set of commercial laws to provide a stable base. Can you imagine the added costs of doing business if common transactions were governed by truly idiosyncratic laws in the various states? We had just such a situation in secured-finance law before the widespread adoption of Article 9 of the Uniform Commercial Code. Creditors seeking to use personal property as security faced a bewildering array of devices-pledge, chattel mortgage, conditional sale, assignment of accounts receivable, trust receipt, equipment trust, factor's lien, etc. Some of the …

Mi Designación Como Amicus Curiae: Comunicación Oficial., Fort Ninamancco Córdova

Fort Ninamancco Cordova

Comunicado oficial, vía correo electrónico de fecha 08 de julio de 2015, en el cual se me informa de mi designación como Amicus Curiae del VII Pleno Casatorio Civil, y se hace la invitación correspondiente. Cabe precisar que el Pleno Casatorio fue oficialmente convocado por la Sala Civil Permanente de la Corte Suprema.

Culture: The Oft Forgotten Ingredient For A Successful International M&A Transaction, Art Gemmell Dr

art gemmell

While the difficulties encountered by management in domestic M&A transactions are substantial, the omnipresence of culture pervading an international M&A transaction brings an added dimension to the already difficult obstacles faced by parties. And yet, culture is too often given the short shrift in an international M&A deal, with the end result being disappointment and unrealised expectations by both parties.

The Unidroit Principles, 30 J. Marshall L. Rev. 761 (1997), Ann Lousin

Ann M. Lousin

No abstract provided.

The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, Robert C. Hockett

Robert C. Hockett

Since the global financial dramas of 2008-09, authorities on financial regulation have come increasingly to counsel the inclusion of macroprudential policy instruments in the standard ‘toolkit’ of finance-regulatory measures employed by financial supervisors. The hallmark of this perspective is its focus not simply on the safety and soundness of individual financial institutions, as is characteristic of the traditional ‘microprudential’ perspective, but also on certain structural features of financial systems that can imperil such systems as wholes. Systemic ‘financial stability’ thus comes to supplement, though not to supplant, institutional ‘safety and soundness’ as a regulatory desideratum. The move from primarily micro- …

When Nominal Is Reasonable: Damages For The Unpracticed Patent, Oskar Liivak

Oskar Liivak

To obtain a substantial patent damage award a patentee need not commercialize the patented invention; the patentee need only show that its patent was infringed. This surely incentivizes patenting but it dis-incentivizes innovation. Why commercialize yourself? The law allows you to wait for others to take the risks, and then you emerge later to lay claim to “in no event less than a reasonable” fraction of other people’s successes. It is rational to be a patent troll rather than an innovator. This troll-enabling interpretation of patent law’s reasonable royalty provision, however, is wrong as a matter of patent policy. Surprisingly, …

Real Estate Law And Practice Symposium: Foreword, 43 J. Marshall L. Rev. Iii (2010), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

La Directiva 2005/29/Ce Relativa A Las Prácticas Comerciales Desleales: Su Aplicación En La Protección De Los Consumidores De Productos Alimenticios, Luis González Vaqué

Luis González Vaqué

Directive 2005/29/EC on Unfair Commercial Practices was adopted on 11 May 2005 to help consumers benefit from the Internal Market by removing regulatory barriers, deriving from divergent national rules, which discouraged firms from selling and undermined consumers’ trust in buying across the EU. It provides for a high level of consumer protection in all sectors and works as a “safety net” that fills the gaps which are not regulated by other EU sector-specific rules. As far as some practices are not regulated by specific Food Law rules, Directive 2005/29/EC ensures also that foodstuffs consumers are not misled or exposed to …

Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross

Karen Halverson Cross

The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …

China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross

Karen Halverson Cross

This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …

Improvements To Combat Money Laundering And Terrorist Financing: A Comparative View Of Spain And The United States, William Byrnes

William H. Byrnes

No abstract provided.

El Retraso En La Adopción De La Directiva Relativa A Los Secretos Comerciales: ¿Quién Gana… Quién Pierde?, Luis González Vaqué

Luis González Vaqué

Mientras el desarrollo y la gestión de los conocimientos y la información son cada vez más cruciales de cara al buen funcionamiento de la economía de la UE, la exposición del saber hacer y la información de valor no divulgados (secretos comerciales) al robo, el espionaje u otras técnicas de apropiación indebida ha aumentado y sigue aumentando (globalización, externalización, cadenas de abastecimiento más largas, mayor utilización de las TIC, etc.). También aumenta el riesgo de que secretos comerciales robados sean utilizados en terceros países para producir bienes infractores que posteriormente podrían entrar en competencia en el territorio de la UE …