Law Commons^™

Ttip: Widening The Market And Narrowing The Competition?, Michele Faioli

Michele Faioli

The Scuola Europea di Relazioni Industriali – SERI is pleased to announce the monographic part “Economia&Lavoro” (vol. 2, 2015), Fondazione Giacomo Brodolini’s four-monthly journal published by Carocci.

Appraisal Activism In M&A Deals: Recent Developments In The United States And The Eu, Raluca Papadima

Raluca Papadima

This article discusses the recent rise in M&A appraisal activism in the United States and, to a lower extent, in the European Union (using France, Germany and Romania as examples). It explains the mechanisms and rationale that lead to appraisal proceedings, their outcome and their effects for the parties involved (buyers, targets, financial advisors) and for M&A practitioners. It concludes that while appraisal activism is expected to continue, and amplify, in the United States, there is not a similarly high or immediate cause for concern in the European Union.

Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould

Rebecca Gould

No abstract provided.

Globalization And Foreign Policy In The Us, Rachele M. Hendricks

Rachele M Hendricks-Sturrup

Globalization is a recent economic phenomenon that directly influences individuals’ freedom, opportunity and resources needed to freely move across the world to engage in and profit from transnational commerce. Several legal scholars and analysts have focused heavily on the costs and benefits of globalization. A number of its lauded benefits include decreased global poverty, increased political cooperation, cultural familiarity, war prevention, standard setting for human civil rights, and the extension of personal financial freedom across the world versus being concentrated mainly in developed nations. On the other side of the globalization coin however, a great deal of concerns have escalated …

Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang

Sang Yop Kang

‘Law and Finance’ theory – which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance – has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in relation to shareholder protection, however, have been highly neglected in these debates. In particular, the significance of one-share-one-vote (OSOV) rule has been inappropriately underestimated. In response, this Article explores (1) why OSOV is an utmost critical component in corporate …

The Inter-American Court On Human Rights’ Judgment In Artavia Murillo V. Costa Rica And Its Implications For The Creation Of Abortion Rights In The Inter-American System Of Human Rights, Ligia M. De Jesus

Ligia M. De Jesus

In Artavia, the Inter-American Court on Human Rights addressed the meaning of article 4(1) the American Convention on Human Rights, which recognizes a person’s right to life beginning at conception. The court handed a restrictive interpretation of this provision, holding that, before implantation, the human embryo is not a person entitled to human rights protection under the American Convention, while redefining the term “conception” as implantation, not fertilization. The court also redefined article 4(1)’s terms “in general, from the moment of conception” to mean that only gradual or incremental protection should be given to prenatal life, depending on the unborn …

Equity Crowdfunding: All Regulated But Not Equal, Garry A. Gabison

Garry A. Gabison

This paper describes how different countries have approached equity crowdfunding. This paper focuses on countries or regulatory authorities that either expressed their awareness of the phenomenon but decided to adopt a holding pattern (monitoring and investigating) or that decided to adopt new laws and regulations. Countries like Australia have opted to reaffirm how their current set of regulations applies to crowdfunding whereas others like the United States, Italy, the United Kingdom, and France have elected to create new exemptions in an effort to facilitate equity crowdfunding. This paper compares how each country decided to regulate the different participants in the …

Nature Of Mortgage In Iran And The U.S. Laws, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

In recent years the contract needs a suitable enforcement that help the parties to get his or her goals due to abuser which is interested in postponing and don't care his or her obligation ,therefore in this article we want to consider Mortgage contract elements.

Breach Of The Contract In Iran, Egypt , And The U.S Laws, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Misrepresentation And Its Elements In Iran And Egypt, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Misrepresentation And Its Elements In Iran And Egypt, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Comparison Iran Laws And The U.S. Violation Obligation In Civil Law, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking in Cote d’Ivoire differs …

Necessary And Obligaions Commitment In Iran Laws, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Barriers In The Law Of Obligations, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

Barriers In The Law Of Obligations, Mohamad Ali Ali Yousefkhani

Mohamad Ali Ali Yousefkhani

No abstract provided.

El Artículo 190 Del Código Civil Peruano: De La Lógica De Un Concepto A La Ilógica De Un Sistema, Jose Gabriel Rivera

Jose L. Gabriel Rivera

El autor, logra evidenciar como dentro del Instituto de la simulación de los negocios jurídicos perviven (y conviven) tres sistemas diversos a saber: el alemán, el italiano y el francés. El punto principal radica en saber a qué sistema debería afiliarse el sistema peruano.

Desvelando Los Intereses Ocultos: Neoliberalismo En La Nueva "Defensa Posesoria Extrajudicial", Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

Visión crítica de la Nueva Defensa Posesoria Extrajudicial

El Quinto Pleno Casatorio Civil Y Una Oportunidad Perdida Para Revalorizar El Rol De La Jurisprudencia, Jimmy J. Ronquillo Pascual

Jimmy J. Ronquillo Pascual

El autor señala que la impugnación de acuerdos de asociación se refi ere a la categoría de la anulabilidad. Así, el artículo 92 del Código Civil convierte causas de nulidad en causas de anulabilidad, pero la conversión opera dentro de la categoría de los actos colegiales asociativos inválidos, mas no respecto de aquellos actos colegiales asociativos que deben ser considerados como inexistentes. Por ello, considera que los asociados tienen a su disposición los remedios de anulabilidad e inexistencia, dependiendo de la patología que afecte al acto colegial asociativo que se busca cuestionar.

On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle

Michael Dowdle

This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the …

Ensayo Sobre La Nueva Ley Universitaria 30220, Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

No abstract provided.

Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad

Dr Nafees Ahmad

The Constitutional Law is the part of the core curriculum that every student should study. The course aims to equip students for comparative analysis of major constitutional principles and institutions. In order to do so the course will introduce students into the methods of comparative constitutional law and comparative politics of constitution. It is hard to imagine functioning as a judge or jurist or lawyer etc. anywhere in the world without a basic knowledge of a nation’s charter of government and repository of individual rights. But South Asian University is a unique and rare concept that is unprecedented and has …

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …

Ttip Call For Papers In E&L 2015, Michele Faioli

Michele Faioli

The Scuola Europea di Relazioni Industriali – SERI is pleased to announce a call for papers for the monographic part of one of the 2015 issues of “Economia&Lavoro”, Fondazione Giacomo Brodolini’s four-monthly journal published by Carocci.

2014 Seri Outreach - Eremo Monte Giove May 30-31, 2014, Michele Faioli

Michele Faioli

No abstract provided.

Dynamics Of Democracy : Administrative Law And The Process Of Institutional Changes In Taiwan, Cheng-Yi Huang

Cheng-Yi Huang

No abstract provided.

Democracy, Law And Global Finance: A Legal And Institutional Perspective, Tamara Lothian

Tamara Lothian

Finance has become more a problem than a solution to what the world most wants: socially inclusive growth. It has become a source of crises that threaten the development of the real economy. It has escaped accountability to democratic institutions and often helped, instead, to influence and corrupt them. Its potential to contribute to broad-based opportunity-expanding growth has been largely and massively squandered.

In this piece I seek to understand not only how this failure manifests itself in some of the major countries and regions of the world, but also, how it can be corrected.

The intellectual and policy response …

“A Pointless Legal Revolution? Constitutional Supremacy And Eu Membership In Spain, 1978-2014”, Antonio-Carlos Pereira-Menaut

antonio-carlos pereira-menaut

This topic belongs to history. After Franco’s death (1975) Spain embarked on a ‘legal revolution’ that, if pressed to its extremes, could be hardly compatible with European integration. Understandably, the Spaniards throve to create not just a new constitution but also a whole new legal order, with the following traits:

First, legal monism, and pyramid-like shape. Second, every legally relevant thing should be traceable back to the Constitution, that would legitimate and pervade all laws, by-laws, decrees, orders, administrative acts and judicial rulings. Ideally, every law, act or verdict would be but a development of the Constitution. Third, the border …

Abortion In South Africa And The United States: An Integrative, Contrastive Comparative Analysis Of The Effect Of Legal And Cultural Influences On Implementation Of Abortion Rights, Danielle Y. Blanks

Danielle Y Blanks

Despite similarly progressive abortion rights laws, women in South Africa and the U.S. experience completely different levels of access to legal and safe abortions. In this paper, I will seek to explain the reasons for this disparity by describing the ways in which natural law has influenced the application of law in the U.S. and South Africa while examining the role of cultural values in the realization of abortion rights. I will take an integrative approach to explain ideological similarities and a contrastive approach to denote the cultural differences that have led to a de facto marginalization of South African …

China's State Capitalism And World Trade Law, Ming Du

Michael Ming Du

Melding the power of the state with the power of capitalism, state‐owned and state-controlled enterprises continue to control the commanding heights of the Chinese economy even though market-oriented reforms have led to a rapid expansion of the private sector in China. This article reflects on how China’s practice of state capitalism challenges the world trading system and how WTO law, as interpreted by WTO Panels and the WTO Appellate Body (AB), addresses these challenges. The article concludes that the WTO Agreement on Subsides and Countervailing Measures (SCM Agreement) have been interpreted in such a manner that many key features of …