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Book Review: Harmonizing Trade Practices In The Eu: Sweet Sounds Or Sour Notes?, James P. Nehf
Book Review: Harmonizing Trade Practices In The Eu: Sweet Sounds Or Sour Notes?, James P. Nehf
James P Nehf
This is a book review of a monograph that analyzes the European Union Unfair Commercial Practices Directive. It includes a brief synopsis of the Directive and discusses its likely impact on consumer protection laws in the EU.
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
“LEGAL TRADITIONS” AND INTERNATIONAL COMMERCIAL ARBITRATION The Common and Civil Law systems have guided the enactment of major codes, laws and guidelines that regulate international commercial arbitration. From the doctrine of freedom of contract to the procedural rules governing arbitration hearings, international arbitration has built its legal culture around these two traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these traditions over international commercial arbitration. Is the American tradition of law practice too litigious to serve as a viable model for international commercial arbitration? Is arbitration unduly preoccupied …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
The Common and Civil Law traditions underpin international commercial arbitration. From the doctrine of freedom of contract to the procedures governing arbitral hearings, international arbitration has built its legal culture around these two great traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these legal traditions over modern arbitration. Is the practice of law in the United States too litigious to serve as a viable model for international commercial arbitration? Is the culture of international arbitration unduly steeped in the Common and Civil Law at the expense of other …
Unofficial Official Comments, Nigel Stark
Unofficial Official Comments, Nigel Stark
Nigel Stark
My Note examines Justice Antonin Scalia’s “plain meaning” theory and asks whether, assuming that theory is correct, whether official comments should be used to interpret a statute. Specifically, I examine the use of the UCC’s Official Comments and its various state variations. I conclude that, under Justice Scalia’s theory, the use of official comments is to interpret the statute is improper and should be avoided.
Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Professional Education, Prepare Students For Private Practice, And Enhance University Life, Seth Freeman
Seth Freeman
What can law schools do to address the criticisms in the Carnegie Foundation’s January 2007 report on legal education? That report found that law schools are not teaching students how to be competent lawyers. One particularly promising answer is cross-disciplinary training with MBAs, which leading law schools such as NYU, Stanford, the University of Pennsylvania, and Harvard have embraced in recent years. In this article, I explore the value of such courses, and discuss a cross-disciplinary course that I successfully debuted in the Fall of 2006 at NYU entitled, “Negotiating Complex Transactions with Executives and Lawyers.” More generally, I argue …