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Commercial Law

Journal

2012

Institution
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Articles 1 - 30 of 63

Full-Text Articles in Law

Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto Dec 2012

Determining Quorum Of Attendance And Decision Making In The General Meeting Of Shareholders Based On Court Stipulation Due To The Neglectful Absence Of The Majority Foreign Shareholder In A Joint Venture Company (A Foreign Capital Investment Analysis, Ari Wahyudi Hertanto

Indonesia Law Review

The General Meeting of Shareholders (GMS) is one of the company’s organs with the significant role of determining the business course and other issues related to corporate actions; as it is granted by law to the shareholders of the company. Any decision can be made in the GMS; such as determining the shareholders’ unanimous concurrence on the proposed meeting agenda or even if the results of the meeting are actually contrary to such agenda caused by dissenting among themselves. However, the GMS can also pose certain obstacles in situations where one or more shareholders (that appear to be a majority …


American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff Nov 2012

American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff

Pepperdine Law Review

No abstract provided.


Catch Me If You Can: An Analysis Of New Enforcement Measures And Proposed Legislation To Combat The Sale Of Counterfeit Products On The Internet, Jeffrey A. Lindenbaum, David Ewen Nov 2012

Catch Me If You Can: An Analysis Of New Enforcement Measures And Proposed Legislation To Combat The Sale Of Counterfeit Products On The Internet, Jeffrey A. Lindenbaum, David Ewen

Pace Law Review

No abstract provided.


Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller Nov 2012

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.


Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop Nov 2012

Building The House On A Weak Foundation: Edenfield V. Fane And The Current State Of The Commercial Speech Doctrine, Dennis William Bishop

Pepperdine Law Review

No abstract provided.


From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley Nov 2012

From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley

BYU Law Review

No abstract provided.


The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr. Oct 2012

The Legal World Wide Web: Electronic Personal Jurisdiction In Commercial Litigation, Or How To Expose Yourself To Liability Anywhere In The World With The Press Of A Button, Robert M. Harkins Jr.

Pepperdine Law Review

No abstract provided.


Commercial Access Contracts And The Internet: Does The Uniform Computer Information Transactions Act Clear The Air With Regard To Liabilities When An On-Line Access System Fails?, Morgan Stewart Oct 2012

Commercial Access Contracts And The Internet: Does The Uniform Computer Information Transactions Act Clear The Air With Regard To Liabilities When An On-Line Access System Fails?, Morgan Stewart

Pepperdine Law Review

No abstract provided.


Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel Oct 2012

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.


Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying Oct 2012

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.


It Looks Like A Sale; It Quacks Like A Sale…But It's Not? An Argument For The Application Of The Duck Test In A Digital First Sale Doctrine, Matthew J. Turchyn Sep 2012

It Looks Like A Sale; It Quacks Like A Sale…But It's Not? An Argument For The Application Of The Duck Test In A Digital First Sale Doctrine, Matthew J. Turchyn

The Journal of Business, Entrepreneurship & the Law

What are you purchasing when you buy a print of Picasso's Guernica? The piece of paper it is printed on, several courts have replied. In these instances, courts have created a pragmatic legal fiction that allows for the transfer of a copy of a work while the author retains his or her rights and privileges under copyright law. Therefore, the purchaser of the Guernica print could resell his or her legally created print of the painting on the secondary market. This is the essence of the First Sale Doctrine of the U.S. Copyright Act. This practice breaks down, however, when …


Contract Law In A Comparative Perspective, Suharnoko Suharnoko Aug 2012

Contract Law In A Comparative Perspective, Suharnoko Suharnoko

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …


Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady Jul 2012

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez Jul 2012

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.


Selectica Resets The Trigger On The Poison Pill: Where Should The Delaware Courts Go Next?, Paul H. Edelman, Randall S. Thomas Jul 2012

Selectica Resets The Trigger On The Poison Pill: Where Should The Delaware Courts Go Next?, Paul H. Edelman, Randall S. Thomas

Indiana Law Journal

No abstract provided.


Forward Contracts - Prohibitions On Risk And Speculation Under Islamic Law, Nicholas C. Dau-Schmidt Jul 2012

Forward Contracts - Prohibitions On Risk And Speculation Under Islamic Law, Nicholas C. Dau-Schmidt

Indiana Journal of Global Legal Studies

Forward contracts allow buyers and sellers of goods to reduce risk by contracting for sale at a predetermined price and quantity prior to the actual exchange of goods and payment. While forward contracts are extensively used in the Western world without restriction, those who adhere to Islamic law are often constrained by principles intended to reduce risk, gambling, and usury. These principles can prove overly restrictive; however, Islamic law restrictions also illuminate the problems associated with the overly permissive Western system in which speculators contract in a manner tantamount to gambling-a problem associated with the recent financial crisis. This Note …


Enforcing Integrity, Katrice B. Copeland Jul 2012

Enforcing Integrity, Katrice B. Copeland

Indiana Law Journal

No abstract provided.


Finding Safe Harbor: Navigating Washington's New Unfair Competition Law, Daniel Shickich Jul 2012

Finding Safe Harbor: Navigating Washington's New Unfair Competition Law, Daniel Shickich

Washington Journal of Law, Technology & Arts

Under a new law, manufacturers and retailers that sell products in Washington State could face stiff penalties if their products are made using stolen or misappropriated information technology (“stolen IT”). In 2011 the Washington Legislature passed Substitute House Bill 1495, creating a new cause of action that allows private plaintiffs or the state attorney general to seek injunctive relief and damages against manufacturers that use stolen IT in their business operations. The law also creates an additional claim for actual damages of up to $250,000 against third parties who contract with violating manufacturers and sell the products in Washington. Using …


Who Decides Whether Clarity Is Clear?: An Analysis Of Tila’S Clarity Of Disclosure Requirement In Actions By Consumers Against Creditor Card Companies, Brandon Mohr Jun 2012

Who Decides Whether Clarity Is Clear?: An Analysis Of Tila’S Clarity Of Disclosure Requirement In Actions By Consumers Against Creditor Card Companies, Brandon Mohr

Pace Law Review

Section 1 begins by discussing credit card usage and the levels of debt of American consumers. Section 2 outlines the history of TILA, which was promulgated by Congress in 1968, as well as the enforcement power bestowed by Congress on the Federal Reserve Board to implement TILA. This exploration also includes descriptions of Regulation Z and the Schumer Box requirements that state exactly what information needs to be clearly and conspicuously displayed in credit card application materials as well as how the information is to be displayed for consumers to review. Section 3 discusses the recent Ninth Circuit case Rubio …


Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert Jun 2012

Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert

Washington Law Review

Since Roman times, creditors have invoked the limited extrajudicial remedy of self-help repossession. Pre-colonial English laws also allowed for a limited repossession remedy outside of the courts, provided the creditor accomplished the repossession without a “breach of the peace.” The Uniform Commercial Code (UCC) has allowed for the self-help remedy since the 1950s, making it available for any secured party in the event of contractual default so long as there was no breach of the peace. The drafters of the UCC, however, failed to define what constituted a “breach of the peace,” choosing to allow the courts to flesh out …


“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv Jun 2012

“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv

Washington and Lee Law Review

No abstract provided.


Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis May 2012

Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis

Golden Gate University Law Review

This Comment argues that the broad interpretation of the FCPA’s business nexus requirement, which criminalizes payments that both directly and indirectly “obtain or retain business,” encourages prosecutorial abuse and deviates from the intended purpose of the Act. The Justice Department’s expansive approach to FCPA enforcement has cost companies tremendously, even though the Act’s drafters intended for a more balanced approach. Part I of this Comment will discuss the history and background of the Foreign Corrupt Practices Act of 1977 and its amendments in 1988 and 1998. Part II will examine the application of the business nexus requirement in United States …


Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen May 2012

Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen

BYU Law Review

No abstract provided.


The Dispute Settlement Understanding Of The Wto Agreement: An Inadequate Mechanism For The Resolution Of International Trade Disputes, Sean P. Feeney Apr 2012

The Dispute Settlement Understanding Of The Wto Agreement: An Inadequate Mechanism For The Resolution Of International Trade Disputes, Sean P. Feeney

Pepperdine Dispute Resolution Law Journal

The 1994 signing of the World Trade Organization (WTO) Agreement marked the initiation of the most far-reaching and comprehensive international agreement on trade in the history of the modern world. The creation of an actual trade organization was a marked improvement over the WTO's predecessor, the 1944 GATT, which never formed an organization per se. Among the many improvements to the GATT, the WTO Agreement substantially changed the mechanism for dispute settlement whenever conflict arose between member states. This change, codified as the Dispute Settlement Understanding ("DSU"), was initially hailed as a great improvement over the GATT dispute settlement provisions. …


Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel Apr 2012

Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel

Pepperdine Dispute Resolution Law Journal

The Federal Arbitration Act ("FAA") of 1925 was created to ensure enforceability of agreements to arbitrate. The FAA is the centerpiece of the federal arbitration policy as construed by the Supreme Court. Section 10(a) FAA enumerates grounds on which an arbitral award can be set aside. The central issue discussed herein is whether parties can agree by contract to allow one of the parties to initiate review of the arbitral award by a court that would otherwise have jurisdiction over those parties, or whether the court's powers are somehow limited to the grounds for vacatur enumerated in Section 10(a) FAA. …


Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins Apr 2012

Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins

Pepperdine Dispute Resolution Law Journal

By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a "possible work topic considered by the Commission . . . Conciliation," in the space of two and one-half years became the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its …


Cloud Computing, Clickwrap Agreements, And Limitation On Liability Clauses: A Perfect Storm?, Timothy J. Calloway Apr 2012

Cloud Computing, Clickwrap Agreements, And Limitation On Liability Clauses: A Perfect Storm?, Timothy J. Calloway

Duke Law & Technology Review

“To the cloud!” trumpets a commercial by Microsoft, whose aim is to herd customers, and their checkbooks, into the cloud computing fold. But Microsoft, and other cloud providers like Amazon and Google, might inadvertently be doing just the opposite. It is not for lack of security or even early adopter apprehension that potential customers might turn away. Nor is it a lack of fantastic, cost-saving applications of cloud technology.

Rather, the problem is buried deep within these tech giants’ clickwrap agreements—the ones that customers rarely read and to which they invariably click “I Agree.” Hidden in these agreements are limitation …


The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks Mar 2012

The Limits Of Limiting Liability In The Battle Of The Forms: U.C.C. Section 2-207 And The "Material Alteration" Inquiry, Colin P. Marks

Pepperdine Law Review

No abstract provided.


The Roberts Court & The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.