Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- DePaul University (11)
- Marquette University Law School (5)
- University of Maine School of Law (5)
- American University Washington College of Law (4)
- Penn State Dickinson Law (3)
-
- Southern Methodist University (3)
- Universitas Indonesia (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- Florida A&M University College of Law (2)
- Georgia State University College of Law (2)
- Pace University (2)
- Penn State Law (2)
- University of Florida Levin College of Law (2)
- University of Kentucky (2)
- University of Massachusetts School of Law (2)
- University of Michigan Law School (2)
- Brigham Young University Law School (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Mercer University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Montana (1)
- University of Oklahoma College of Law (1)
- University of South Carolina (1)
- Keyword
-
- Corporate law (4)
- Uniform Commercial Code (4)
- Arbitration (3)
- Act (2)
- Banking (2)
-
- Bankruptcy (2)
- Bills of Lading Act (2)
- Consumer arbitration (2)
- Copyright law (2)
- Corporate governance (2)
- Dodd-Frank Act (2)
- E-commerce (2)
- Economy (2)
- Finance (2)
- Industry (2)
- Legal History (2)
- Legal scholarship (2)
- Liability (2)
- Negotiable Instruments Act (2)
- Regulation (2)
- Sales Act (2)
- Statutory History (2)
- Stock Transfer Act (2)
- Technology (2)
- Uber (2)
- Uniform Commerical Acts (2)
- Uniform State Laws (2)
- Uniform Trade Secrets Act (2)
- Warehouse Receipts Act (2)
- 11 U.S.C. § 107(b) (1)
- Publication
-
- DePaul Business & Commercial Law Journal (11)
- Maine Law Review (5)
- Dickinson Law Review (2017-Present) (3)
- Indonesia Law Review (3)
- Marquette Intellectual Property Law Review (3)
-
- Vanderbilt Journal of Transnational Law (3)
- Washington and Lee Law Review (3)
- American University Business Law Review (2)
- American University Law Review (2)
- Arbitration Law Review (2)
- Florida A & M University Law Review (2)
- Florida Law Review (2)
- Georgia State University Law Review (2)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (2)
- Marquette Law Review (2)
- Michigan Telecommunications & Technology Law Review (2)
- Pace International Law Review (2)
- University of Massachusetts Law Review (2)
- BYU Law Review (1)
- Buffalo Human Rights Law Review (1)
- Catholic University Law Review (1)
- Duke Law & Technology Review (1)
- Florida State University Law Review (1)
- Fordham Law Review (1)
- Georgia Journal of International & Comparative Law (1)
- Journal of Dispute Resolution (1)
- Mercer Law Review (1)
- Montana Law Review (1)
- Oklahoma Journal of Law and Technology (1)
- SMU Annual Texas Survey (1)
Articles 1 - 30 of 70
Full-Text Articles in Law
Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri
Competition Merger Review For Cross-Border Mergers And Acquisitions In Indonesia, Zulheri Zulheri
Indonesia Law Review
This article aimed at expressing ideas on a legal construction of competition merger review (CMR) on Crossborder Mergers and Acquisitions (CBM&A) that have Indonesian legal dimension. The problem has been triggered by the lack of CMR guidelines for CBM&A to nurture a fair and sustainable business competition (FSBC). Consequently, the existing guideline is inadequate for reviewing CBM&A proposals which have a multi-jurisdiction dimension character. As a result, merging (gigantic) companies doing business in Indonesia have enormous opportunities to engage in anti-competitive behavior in the domestic market. In its turn, it brings the impact of reducing competition itself whereby national companies …
Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi
Indonesia And Asean Plus Three Financial Cooperation, Ariswan Gunadi
Indonesia Law Review
Indonesia and ASEAN Plus Three Financial Cooperation is a very well-written book by Eko Saputro. The ASEAN Plus Three Financial Cooperation was established to maintain and strengthen the common objective of its member, particularly in the economic area.1 This book analyzes Indonesia’s current position in East Asia, in the connection with the ASEAN Plus Three Financial Cooperation. Divided into 7 chapters, the book provides an analysis of Indonesia’s role APT financial regionalism with more emphasize on the financial sector instead of education.
Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta
Indonesia's Energy Security: Are We Securing It Right? Lesson Learned From The Eu, Afghania Dwiesta
Indonesia Law Review
Over the past few years, one of Indonesia’s state-owned enterprises, PLN, has conducted dialogues focusing on developing a new value-creative business model to transform itself, a sleepy regulated utility, into a truly competitive electricity service provider. However, efforts to preserve the prominence of the Country’s electricity sector have been ongoing as the sector is still experiencing sustained rolling blackouts, net import dependency and lack of transmission facility enforcement throughout the Indonesian archipelago. Such efforts have been varied from the incentivise policy and programs such as the Public-Private Partnership and the two phases of Fast Track Program. The reformation of electricity …
The Crisis In Corporate Governance: 2002 Style, Robert W. Hamilton
The Crisis In Corporate Governance: 2002 Style, Robert W. Hamilton
Maine Law Review
The period from November 1, 2001 to October 1, 2002 has been an astonishing period for corporate governance in many respects. It began with the completely unexpected collapse of Enron Corporation on November 1, 2001, followed almost immediately thereafter by widely publicized downward profit restatements and bankruptcy filings by a significant number of telecommunication companies. Since November 1, 2001, there have been numerous public reports of fraud, misconduct, and scandals by directors of other well-known corporations such as Lucent Technologies, Kmart, Merck & Co., and Rite Aid Corporation. There also have been disclosures of many instances in which corporate officers …
Commercial Transportation, Stephen G. Lowry, Madeline E. Mcneeley, Kristy S. Davies, Yvonne S. Godfrey
Commercial Transportation, Stephen G. Lowry, Madeline E. Mcneeley, Kristy S. Davies, Yvonne S. Godfrey
Mercer Law Review
Commercial transportation involves all of the significant forms of passenger and property transportation across the United States. This Article covers five major areas: (1) trucking; (2) aviation; (3) limousines, taxis, rideshare services, and commercial transit; (4) autonomous vehicles; and (5) railroads. This Article surveys significant judicial and legislative developments in Georgia commercial transportation law during the period from the beginning of the 2012 regular session of the 151st Georgia General Assembly through May 31, 2017.
Each of the areas covered are subject to heavy federal regulation. Much of this Article discusses Georgia's interaction with federal regulations and laws pertaining to …
Maine Corporation Law & Practice, 2nd Edition, George F. Eaton Ii, Kristy M. Smith
Maine Corporation Law & Practice, 2nd Edition, George F. Eaton Ii, Kristy M. Smith
Maine Law Review
In 2001, several members of the Business Law Section of the Maine Bar Association convened the Corporate Law Revision Committee (the Committee), which set out to adapt the Model Business Corporation Act (the Model Act) for use in Maine. Maine's corporation law had not benefited from a comprehensive over-haul since 1971, and notwithstanding periodic updates of specific components of the statutory regime over the years, a thorough and comprehensive revision was needed to keep pace with modern corporate law and practice in the twenty-first century. The Committee's efforts, under the leadership of James B. Zimpritch, Esq., widely acknowledged as the …
A Progressive Case For A Universal Transaction Tax, Gary Chartier
A Progressive Case For A Universal Transaction Tax, Gary Chartier
Maine Law Review
Federal Reserve Board chair Alan Greenspan’s recent call for tax simplification and his acknowledgement of arguments for a consumption tax may help to place the question of such taxes, including a value-added tax (VAT), on the national political agenda. If the possibility of imposing a VAT does receive significant national attention, the debate it occasions will obviously, and appropriately, focus in part on a variety of technical questions. But normative questions will likely be at issue as well. A VAT is like a sales tax, but is applied at each stage in a product’s development and not merely when it …
Understanding The Consumer Review Fairness Act Of 2016, Eric Goldman
Understanding The Consumer Review Fairness Act Of 2016, Eric Goldman
Michigan Telecommunications & Technology Law Review
Consumer reviews are vitally important to our modern economy. Markets become stronger and more efficient when consumers share their marketplace experiences and guide other consumers toward the best vendors and away from poor ones. Businesses recognize the importance of consumer reviews, and many businesses take numerous steps to manage how consumer reviews affect their public image. Unfortunately, in a misguided effort to control consumer reviews, some businesses have deployed contract provisions that ban or inhibit their consumers from reviewing them. I call those provisions “antireview clauses.”
Anti-review clauses distort the marketplace benefits society gets from consumer reviews by suppressing peer …
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Paypal Is New Money: Extending Secondary Copyright Liability Safe Harbors To Online Payment Processors, Erika Douglas
Michigan Telecommunications & Technology Law Review
The Digital Millennium Copyright Act (DMCA) has shaped the Internet as we know it. This legislation shields online service providers from secondary copyright infringement liability in exchange for takedown of infringing content of their users. Yet online payment processors, the backbone of $300 billion in U.S. e-commerce, are completely outside of the DMCA’s protection. This Article uses PayPal, the most popular online payment company in the U.S., to illustrate the growing risk of secondary liability for payment processors. First it looks at jurisprudence that expands secondary copyright liability online, and explains how it might be applied to PayPal. Then it …
A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman
A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman
Maine Law Review
In Illinois Tool Works Inc. v. Independent Ink, Inc., an ink manufacturer sought to invalidate patents held by a printing system manufacturer by alleging that the patents resulted in illegal tying and monopolization in violation of Sections 1 and 2 of the Sherman Act. This action was preceded by an infringement action brought by Illinois Tool Works (ITW), which was dismissed for lack of personal jurisdiction. Independent Ink (Independent) responded by seeking a judgment of non-infringement and invalidity of patents against ITW. The district court granted summary judgment in favor of ITW on both counts. The court of appeals reversed …
The Corporation As Sovereign, Allison D. Garrett
The Corporation As Sovereign, Allison D. Garrett
Maine Law Review
In the past two hundred years, sovereignty devolved from the monarch to the people in many countries; in our lifetimes, it has devolved in several significant ways from the people to the corporation. We are witnesses to the erosion of traditional Westphalian concepts of sovereignty, where the chess game of international politics is played out by nation-states, each governing a certain geographic area and group of people. Eulogies for the nation-state often cite globalization as the cause of death. The causa mortis is characterized by the increase in the power and normative influence of supranational organizations, such as the United …
The Uniform Commercial Acts, J.P. Mckeehan
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
Uniform Commercial Acts, Samuel Williston
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005, Felix W.H. Chan
E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005, Felix W.H. Chan
Oklahoma Journal of Law and Technology
No abstract provided.
Supremacy Of Law Or Religion: Congress's Power To Amend The Constitution Bypassing Constraints Of The Constitutional Process, Roman Sankovych
Supremacy Of Law Or Religion: Congress's Power To Amend The Constitution Bypassing Constraints Of The Constitutional Process, Roman Sankovych
DePaul Business & Commercial Law Journal
No abstract provided.
The Netflix Tax: Chicago's Extension Of Its Amusement Tax To Include Electronically Delivered Entertainment Faces Numerous Changes And Sets The Stage For Taxing On Streaming-Based Entertainment, Stephanie Cueman
DePaul Business & Commercial Law Journal
No abstract provided.
Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements, Florence Shu-Acquaye
Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements, Florence Shu-Acquaye
DePaul Business & Commercial Law Journal
No abstract provided.
The Eleventh Circuit's Second Shot At Getting It Right: Nonconsensual Nondebtor Releases In Bankruptcy Court, Pierce G. Hand Iv
The Eleventh Circuit's Second Shot At Getting It Right: Nonconsensual Nondebtor Releases In Bankruptcy Court, Pierce G. Hand Iv
DePaul Business & Commercial Law Journal
No abstract provided.
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Montana Law Review
Tales from a Form Book: Stock Stories and Transactional Documents
The Uberization Of Arbitration Clauses, Jill I. Gross
The Uberization Of Arbitration Clauses, Jill I. Gross
Arbitration Law Review
No abstract provided.
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Arbitration Law Review
No abstract provided.
Golden Parachutes, Severance, And Firm Value, Andrew C.W. Lund, Robert Schonlau
Golden Parachutes, Severance, And Firm Value, Andrew C.W. Lund, Robert Schonlau
Florida Law Review
Golden parachutes (GPs) are now standard contract provisions for public company CEOs. While they have become ubiquitous, they have also been severely criticized for harming shareholder value. As a result, GPs are subjected to intense shareholder activism and are uniquely penalized under both tax and securities law. Recent empirical work suggests that they may indeed be associated with poor firm performance, validating the steps taken to reduce or eliminate GPs.
This Article offers reasons to rethink the consensus that has developed around GPs. First, this Article highlights a substantial endogeneity problem, which earlier studies linking GPs and firm values fail …
Shareholder Protection Across Time, Brian R. Cheffins, Steven A. Bank, Harwell Wells
Shareholder Protection Across Time, Brian R. Cheffins, Steven A. Bank, Harwell Wells
Florida Law Review
This Article offers the first systematic attempt to measure the development of shareholder protection in the United States across time. Using three indices developed to measure the relative strength of shareholder protection across nations, this Article evaluates numerically the protections corporate and securities law have offered shareholders from the beginning of the 20th century to the present day. It accomplishes this by tracking the rights accorded to shareholders across time under three important sources of corporate law: Delaware and Illinois and the Model Business Corporation Act.
This Article’s novel study yields novel results. First, we find that the protections afforded …
Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv
Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv
University of Massachusetts Law Review
The American fishing industry has long been an important part of the economy. In time, overfishing led to restrictions on the industry through the Magnuson-Stevens Act. However, the Act has led to severe curtailments on fishing that have severely hampered the industry. This caused particular harm to the Northeast, resulting in a federally declared fishing disaster. This Note argues that the recently proposed revisions to the Magnuson-Stevens Act allow for a balance between protecting our oceans and allowing the fishing industry to thrive again. This would help the Northeast fishing industry properly recover while preventing any further tragedies of the …
Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey
Uber’S Dilemma: How The Ada May End The On-Demand Economy, Bryan Casey
University of Massachusetts Law Review
This article is the first to point out that a few relatively low-profile lawsuits involving Uber’s liability under the ADA could have an outcome-determinative effect on O’Connor v. Uber Technologies, Inc., the blockbuster employment misclassification case brought against the startup by its own drivers. Because both types of lawsuits hinge on the role that drivers play within Uber’s business model, a ruling in favor of ADA liability which compelled Uber to exert additional control over its drivers would also, in turn, jeopardize the drivers’ legal status as independent contractors. Such an outcome would be catastrophic to Uber’s core business model, …
E Pluribus Unum – Out Of Many, One Common European Sales Law?, Viktor Előd Cserép
E Pluribus Unum – Out Of Many, One Common European Sales Law?, Viktor Előd Cserép
Pace International Law Review
In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and …
Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman
Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman
Georgia State University Law Review
This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.
Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses …
Violence Taxes: New Way To Recoup And Prevent The Costs Of Gun Violence? Or New Method To Destroy Business And Competitiveness?, Joseph R. Buoscio Jr.
Violence Taxes: New Way To Recoup And Prevent The Costs Of Gun Violence? Or New Method To Destroy Business And Competitiveness?, Joseph R. Buoscio Jr.
DePaul Business & Commercial Law Journal
No abstract provided.
In Retrospect Of 40 Years, Another Look At Andrews' Personal Deductions Argument: A Comparison Of Charitable Contributions And Child-Care Expenses, Limor Riza
DePaul Business & Commercial Law Journal
No abstract provided.