Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Nova Southeastern University (41)
- University of Washington School of Law (20)
- Seattle University School of Law (19)
- University of Richmond (19)
- University of Miami Law School (18)
-
- UC Law SF (15)
- Penn State Law (14)
- Maurer School of Law: Indiana University (9)
- UIC School of Law (9)
- Brigham Young University Law School (7)
- University of Michigan Law School (7)
- Golden Gate University School of Law (6)
- University of San Diego (6)
- University of Maryland Francis King Carey School of Law (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Pace University (2)
- University of the Pacific (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- North Carolina Central University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- William & Mary Law School (1)
- Keyword
-
- Law (20)
- Adolf Berle (19)
- Corporations (19)
- Seattle University (19)
- Seattle University Law Review (19)
-
- Berle (18)
- Berle & Means (18)
- Berle symposium (18)
- Berle's footsteps (18)
- Corporate power (18)
- Corporate social responsibility (18)
- Law Corporations and Society (18)
- Social welfare (18)
- Society (18)
- The Modern Corporation and Private Property (18)
- The modern corporation (18)
- Corporate law (6)
- Gardiner Means (6)
- United States (6)
- Corporate governance (5)
- WTO (4)
- World Trade Organization (4)
- Australia (3)
- Comparative law (3)
- GATT (3)
- Gaming law (3)
- International law (3)
- South Africa (3)
- TRIPS (3)
- Treaties (3)
- Publication
-
- ILSA Journal of International & Comparative Law (41)
- Washington International Law Journal (20)
- Richmond Journal of Global Law & Business (19)
- Seattle University Law Review (19)
- UC Law SF International Law Review (15)
-
- Penn State International Law Review (14)
- University of Miami Inter-American Law Review (13)
- UIC Law Review (8)
- Annual Survey of International & Comparative Law (6)
- Indiana Journal of Global Legal Studies (6)
- San Diego International Law Journal (6)
- University of Miami International and Comparative Law Review (5)
- BYU Law Review (4)
- Michigan Journal of International Law (4)
- Brigham Young University International Law & Management Review (3)
- Maryland Journal of International Law (3)
- UNLV Gaming Law Journal (3)
- Federal Communications Law Journal (2)
- Global Business & Development Law Journal (2)
- Pace Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- Villanova Law Review (2)
- Washington and Lee Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Canadian Journal of Law and Technology (1)
- Chicago-Kent Law Review (1)
- Fordham Urban Law Journal (1)
- Indiana Law Journal (1)
- Journal of Business & Technology Law (1)
- Michigan Law Review (1)
Articles 31 - 60 of 214
Full-Text Articles in Law
The Misapplication Of Leung Kwok Hung In Hong Kong: Authorizing The Rationality Requirement For Textually Absolute Rights, Albert Connor Buchman
The Misapplication Of Leung Kwok Hung In Hong Kong: Authorizing The Rationality Requirement For Textually Absolute Rights, Albert Connor Buchman
Washington International Law Journal
The Hong Kong Bill of Rights Ordinance (BORO) guarantees many fundamental rights to Hong Kong’s permanent residents. In these constitutionally significant statutes, two types of rights exist: 1) textually qualified rights, which contain qualifying language indicating for what purposes a legislated restriction is permissible, such as when necessary for national security, public order, public health or morals, and 2) textually absolute rights, which contain no language indicating when a legislated restriction on that right is permissible. In Leung Kwok Hung & Others v. HKSAR, the Hong Kong Court of Final Appeal formulated a rationality requirement for when restrictions are …
Public Welfare, Artistic Values, And The State Ideology: The Analysis Of The 2008 Japanese Supreme Court Obscenity Decision On Robert Mapplethorpe, Yuri Obata
Washington International Law Journal
On February 19, 2008, the Japanese Supreme Court delivered a decision declaring that a collection of photographs by the late American photographer Robert Mapplethorpe did not violate obscenity laws in Japan. The fact that the Japanese Supreme Court publicly found close-up and detailed images of male genitalia in Mapplethorpe’s work no longer obscene perhaps makes the decision a landmark one since the present-day restriction of sexually explicit expression in Japan respected the obscenity standard from the 1957 precedent, the Lady Chatterley’s Lover decision, which ruled that the translation of D. H. Lawrence’s Lady Chatterley’s Lover was obscene. However, close reading …
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Seeking Civilian Control: Rule Of Law, Democracy, And Civil-Military Relations In Zimbabwe, Jeremiah I. Williamson
Indiana Journal of Global Legal Studies
Rule of law and democratic reform projects often concern lofty questions of constitutional law. But in many countries desperate for reform, deeply entrenched social and political problems present preconditions to any discussion of constitutional reforms aimed at democracy and the rule of law. Zimbabwe is one such nation, which like many others faces the problem of military intervention into domestic politics. This Note examines structural and historical aspects of Zimbabwe's military problem and utilizes the theory of objective civilian control to demonstrate the plausibility of meaningful reforms. In so doing, this Note provides a demonstrative model for reforming civilmilitary relations …
The Emergence Of Hollywood Ghosts On Korean Tvs: The Right Of Publicity From The Global Market Perspective, Hyung Doo Nam
The Emergence Of Hollywood Ghosts On Korean Tvs: The Right Of Publicity From The Global Market Perspective, Hyung Doo Nam
Washington International Law Journal
The Right of Publicity is both a cultural based property and a corresponding right that protects the entertainment industry in the worldwide market. Discussion of the Right of Publicity, as a preliminary matter, must separate the policy-based approach of the United States from the doctrinal approaches. In order for this discussion to be carried out, the author considers the Right of Publicity with two new approaches. First, it is the author’s view that the Right of Publicity must be understood in the context of the entertainment market, considering the role of each player and their relationship to each other. Second, …
Climate Refugees Require Relocation Assistance: Guaranteeng Adequate Land Assets Through Treaties Based On The National Adaptation Programmes Of Action, Holly D. Lange
Washington International Law Journal
Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of “climate refugees” will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, …
Transformation Of Land Rights In Indonesia: A Mixed Private And Public Law Model, Daryono
Transformation Of Land Rights In Indonesia: A Mixed Private And Public Law Model, Daryono
Washington International Law Journal
Transformation of land rights from colonial to post-colonial systems in many developing countries was primarily undertaken by two different models: firstly, it was entirely governed by private law to allow voluntary transformation, and secondly, it was under public law where the state placed a tight administrative control during the transformation process. Both models had benefits and limitations, but they generally failed to develop modern property rights systems. A third regime of a mixed private and public law model has been promoted to create balance between private and public orders experienced within Indonesia. The mixed private and public law transformation creates …
The Displaced Residents' Right To Relocation Assistance: Toward An Equitable Urban Redevelopment In South Korea, Jihye Kim
Washington International Law Journal
Major urban redevelopment projects are currently on-going to beautify the urban landscape in Seoul, which is the most densely populated metropolitan area of South Korea. In this process, massive acquisition of homes has taken place, displacing many residents who are now demanding relocation assistance. South Korean law imposes obligations upon developers to provide relocation assistance for displaced residents. However, vagueness in the statutory language causes not only confusion in the implementation of the law, but has also led to a Supreme Court decision denying displaced residents’ legal right to relocation assistance. This interpretation further expanded developer’s discretion in carrying out …
Two Concluding Remarks, European Union Countries, North Atlantic Treaty Organization, National Security, Elisabeth Zoller
Two Concluding Remarks, European Union Countries, North Atlantic Treaty Organization, National Security, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Professor Zoller offers several closing thoughts, focusing on the rationales for maintaining NATO in the twenty-first century and the theme of peace through law. She concludes that NATO is vital for European security, and that NATO is here to stay for both legal and factual reasons.
Transatlantic Perspectives on Law, Security and Power: A German/American Dialogue on NATO’s 60th Anniversary, Symposium.
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
When Is An Alternative Forum Available? Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels
Indiana Law Journal
No abstract provided.
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo
Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo
Brigham Young University International Law & Management Review
No abstract provided.
American Precedent, Australian Legislation—Are The Rules Of Golf In Violation Of Antitrust Law, Lynden Griggs, Leela Cejnar
American Precedent, Australian Legislation—Are The Rules Of Golf In Violation Of Antitrust Law, Lynden Griggs, Leela Cejnar
Brigham Young University International Law & Management Review
No abstract provided.
Vertical Separation Of Telecommunications Networks: Evidence From Five Countries, Robert W. Crandall, Jeffrey A. Eisenach, Robert E. Litan
Vertical Separation Of Telecommunications Networks: Evidence From Five Countries, Robert W. Crandall, Jeffrey A. Eisenach, Robert E. Litan
Federal Communications Law Journal
The widespread adoption of mandatory unbundling in telecommunications markets has led to growing interest in mandatory "functional separation," i.e., separation of upstream network operations from downstream retail operations. Since 2002, vertical separation has been implemented in five OECD countries: Australia, Italy, New Zealand, Sweden, and the United Kingdom. In 2008, the International Telecommunications Union noted "a tremendous amount of interest" in functional separation around the world; and, in April 2009, the European Parliament held its second reading on a new regulatory framework that embraces functional separation as an "exceptional measure." While the U.S. does not currently require unbundling of broadband …
La Cyberintimidation: Analyse Juridique, Karen D. Levin
La Cyberintimidation: Analyse Juridique, Karen D. Levin
Canadian Journal of Law and Technology
Dans ce mémoire va être traitée une analyse juridique de la cyberintimidation. Dans une première partie, nous tenterons de définir le terme « cyberintimidation » et les enjeux qui s’y rattachent. En deuxième lieu, nous examinerons la motivation qui mène à la cyberintimidation, ainsi que la manière dans laquelle l’acte se produit. Troisièmement, nous évaluerons les provisions du droit criminel fédéral, des droits de la personne, et du droit des délits civils afin de déterminer l’efficacité de notre système juridique à détourner la cyberintimidation. Finalement, nous trancherons la question de réforme qui se propose au Canada, la comparant aux réformes …
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi
The (Mis)Categorization Of Sex In Anglo-American Cases Of Transsexual Marriage, John Parsi
Michigan Law Review
The United States' promise to establish equality for all has been challenged by post-operative transsexuals seeking recognition in their acquired sex. The birth certificate is the legal gateway to changing other legal documents; but the process for changing the birth certificate varies widely from state to state. This lack of national uniformity makes post-operative transsexuals' recognition of their acquired sex complicated at best and impossible at worst. This Note details the legal progression from non-recognition to recognition of post-operative transsexuals' acquired sex in the United Kingdom and through the European Court of Human Rights. The Note goes on to explore …
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
Privatizing Family Law In The Name Of Religion, Robin Fretwell Wilson
William & Mary Bill of Rights Journal
No abstract provided.
Natural Law, Positive Law, And Conflicting Social Norms In Harper Lee's To Kill A Mockingbird, Maureen E. Markey
Natural Law, Positive Law, And Conflicting Social Norms In Harper Lee's To Kill A Mockingbird, Maureen E. Markey
North Carolina Central Law Review
No abstract provided.
Barricades And Checkered Flags: An Empirical Examination Of The Perceptions Of Roadblocks And Facilitators Of Settlement Among Arbitration Practitioners In East Asia And The West, Shahlaw F. Ali
Washington International Law Journal
Contemporary research on roadblocks and facilitators of settlement has thus far been framed by standard economic modeling and distributive bargaining theories. Each of these frameworks provides helpful insights into those elements that assist or hinder the settlement process. However, each of these models has thus far not examined how particular roadblocks and facilitators of settlement operate in the context of international commercial arbitration proceedings from a comparative cross-cultural perspective. How diverse regions approach roadblocks and facilitators of settlement in the context of the integration of global markets is a new arena for research and practice. To date, most research on …
Bank Privitization In Vietnam: Examining Changes To Management In Vietnam's New Banking Law, Decree No. 59/2009/Nd-Cp, George B. Radics
Bank Privitization In Vietnam: Examining Changes To Management In Vietnam's New Banking Law, Decree No. 59/2009/Nd-Cp, George B. Radics
Washington International Law Journal
Due to its WTO obligations, by 2010 Vietnam must open its banking system to the world. As a result, the nation attempted to drastically modernize its state owned banks through partial privatization. This partial privatization, locally translated as equitization, proposed serious challenges to the existing legal infrastructure facilitating banks. To cope with these new challenges, in September 2009, Vietnam’s new banking law, Decree 59/2009/ND-CP, was passed. An important change in the new banking law is its stricter regulation on the qualifications of managers. It is suspected that such regulation signals the nation’s resistance to surrender control over its banks and …
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Washington International Law Journal
In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …
Islam, The State And The Constitutional Court In Indonesia, Simon Butt
Islam, The State And The Constitutional Court In Indonesia, Simon Butt
Washington International Law Journal
Indonesia is home to more Muslims than any other country. Yet it is not an Islamic state and is unlikely to become one, despite the strong and sustained urgings of some Muslim groups. Indonesian Islam is, like Indonesian society itself, dynamic and diverse, accommodating a wide variety of practices and beliefs. One area of contention between conservative Muslims on the one hand, and the state (supported by many more moderate Muslims) on the other, is the extent to which Islamic law should be recognised, applied and enforced by institutions of state. The Indonesian government's response has generally been to limit …
Fee Simple Estate And Footholds In Fishing: The Australian High Court's Formalistic Interpretation Of The Aboriginal Land Rights Act, Heather Ahlstrom Coldwell
Fee Simple Estate And Footholds In Fishing: The Australian High Court's Formalistic Interpretation Of The Aboriginal Land Rights Act, Heather Ahlstrom Coldwell
Washington International Law Journal
The coast of the Northern Territory in Australia boasts some of the world’s best fishing and hosts a lucrative commercial fishing industry. The Northern Territory is also home to over 50,000 Aboriginal people who rely on these waters for their subsistence and livelihood. However, the Aboriginal population is effectively barred from participating in the commercial fishing industry by Territory regulations and economic disadvantage. In July 2008, ten years of litigation over access to coastal waters adjoining Aboriginal land in the Northern Territory culminated with the High Court’s decision in Northern Territory of Australia v. Arnhem Land Aboriginal Trust. The …
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
(F)Linging (I)Ndispensible (F)Reedoms (A)Side: Why Fifa's "6+5" Will Not Survive, Michael Levinson
University of Miami International and Comparative Law Review
No abstract provided.
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
Affirmative Action In Brazil: Reverse Discrimination And The Creation Of A Constitutionally Protected Color-Line, Christopher Dischino
University of Miami International and Comparative Law Review
No abstract provided.
Hong Kong's Discriminatory Air Time: Family Viewing Hours And The Case Of Cho Man Kit V. Broadcasting Authority, Lauren E. Sancken
Hong Kong's Discriminatory Air Time: Family Viewing Hours And The Case Of Cho Man Kit V. Broadcasting Authority, Lauren E. Sancken
Washington International Law Journal
Hong Kong’s long standing commitment to media and press freedom came under question when the Broadcasting Authority issued a ruling against a television show about same-sex couples. In deciding Cho Man Kit v. Broadcasting Authority, the Court of First Instance affirmed that sexual orientation must be afforded freedom of expression in public broadcasting. However, the Court found that the Broadcasting Authority had lawfully ruled that the show be excluded from family viewing hours. Though the opinion was in many ways a legal victory for homosexuals in Hong Kong, this Comment argues that the family viewing hours ruling undermines the …
Governing And Financing Blended Enterprise, Dana Brakman Reiser
Governing And Financing Blended Enterprise, Dana Brakman Reiser
Chicago-Kent Law Review
The image of nonprofit and for-profit as dual and exclusive categories is misleadingly simple. This blurring of the boundary between for-profit and nonprofit has gone on for years and appears only to be gaining steam. Yet, traditionally, the law has put to organizations a choice of either the nonprofit or for-profit form of organization. In the first decade of this century, organizational law is beginning to catch up with the boundary-blurring trend. In the United States and abroad, legislatures are creating new forms for blended enterprise, including several U.S. states' low-profit limited liability company (the "L3C") and the community interest …
Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux
Constitutional Anomalies: When Canada's Proportionality And The U.S.'S Categorization Just Don't Fit The Bill, Zakarij N. Laux
University of Miami Inter-American Law Review
No abstract provided.
The Ubs/Irs Settlement Agreement And Cayman Island Hedge Funds, Chris Horton
The Ubs/Irs Settlement Agreement And Cayman Island Hedge Funds, Chris Horton
University of Miami Inter-American Law Review
No abstract provided.
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
Effective Protection Against Refoulement In Europe: Minimizing Exclusionism In Search Of A Common European Asylum Policy, Michael Campagna
University of Miami International and Comparative Law Review
No abstract provided.
Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana
Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana
University of Miami International and Comparative Law Review
No abstract provided.
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
San Diego International Law Journal
This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.