Law Commons^™

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.

The Chinese Anti-Monopoly Law: New Developments And Empirical Evidence, Michael Faure, Xinzhu Zhang, Susan Farmer

Susan Beth Farmer

Beth Farmer contributed the following chapter: "Competition Policy in China: Trends in Private Civil Litigation"

Effective enforcement of competition laws and regulations benefits society, consumers and market participants, and promotes a competition culture. Private civil actions can contribute to healthy economic development (AML Article 1), consumer welfare, and economic efficiency and more complete and effective enforcement of competition law. This chapter discusses developments in private civil actions under the Chinese AML in the context of recent Provisions of the Supreme People’s Court, national development goals, and the experience of four years of active civil litigation. A spokesperson of the Intellectual …

Player Restraints And Competition Law Throughout The World, Stephen Ross

Stephen F Ross

This article reviews agreements among clubs participating in league sports in many countries throughout the world that limit competition for the services of players. Under the English common law (which governs in most of the British commonwealth), the competition law provisions of the European Union's governing treaty, the American Sherman Act, and the Canadian Competition Act, the governing standard is quite similar. Player restraints cab only be justified if they are related to a legitimate purpose, which is usually defined as one that demonstrably improves the consumer appeal for the sporting competition. Moreover, and significantly, player restraints must be reasonably …

Insights From Canada For American Constitutional Federalism, Stephen Ross

Stephen F Ross

The U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, 132 S. Ct. 2566 (2012), has again focused widespread public attention on the Court as an arbiter of the balance of power between the federal government and the states. The topic of the proper role a nation's highest court in this respect has been important and controversial throughout not only American, but also Canadian history, raising questions of constitutional theory for a federalist republic: What justifies unelected judges interfering with the ordinary political process with regard to federalism questions? Can courts create judicially manageable doctrines to police …

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross

Stephen F Ross

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance …

Charter Insights For American Equality Jurisprudence, Stephen Ross

Stephen F Ross

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …

Canadian Estate Planning Issues, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

Course Materials On East-West Trade Law, Julian Juergensmeyer, A. Burzynski

Julian C. Juergensmeyer

No abstract provided.

Course Materials On The Law Of Socialist Countries, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.

The New Bankruptcy Law: A Czech - U.S. Comparison, 10 Common L. Rev. 3 (2009), Paul Lewis

Paul Lewis

No abstract provided.

United States - Subsidies On Upland Cotton, Recourse To Article 21.5 Of The Dsu By Brazil, 103 Am. J. Int'l L. 110 (2009), Karen Cross

Karen Halverson Cross

No abstract provided.

Gregory C. Shaffer, Defending Interests: Public-Private Partnerships In Wto Litigation, 39 J. World Trade 387 (2005), Karen Cross

Karen Halverson Cross

No abstract provided.

King Cotton, Developing Countries And The "Peace Clause": The Wto's U.S. Cotton Subsidies Decision, 9 J. Int'l Econ. L. 149 (2006), Karen Cross

Karen Halverson Cross

No abstract provided.

Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross

Karen Halverson Cross

No abstract provided.

Improvements To Combat Money Laundering And Terrorist Financing: A Comparative View Of Spain And The United States, William Byrnes

William H. Byrnes

No abstract provided.

Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart Ford

Stuart Ford

No abstract provided.

Paradigm Shift Of The Tax Avoidance Concept: A Comparative View, William Byrnes

William H. Byrnes

No abstract provided.

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision of …

Las Externalidades Y El Criterio De Imputación En La Responsabilidad Extracontractual: Estrategia De Precios Vs. Estrategia De Sanciones (Primera Parte), Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

Demanding Individual Rights And Civil Liberties: An Iranian Approach, Zahra Takhshid

Zahra Takhshid

Iran has a long history of social movements and revolutions. The 1906 Constitutional Revolution led to the recognition of individual rights as part of Iran’s first Constitution. With the Islamic Revolution of 1979, a new constitution was enacted, which devoted one chapter to “the Rights of the Nation.”

The Constitution has introduced several methods to protect the recognized rights: the Guardian Council, the Tribunal of Administrative Justice, and the Commission of Article 90.

In addition to the institutions introduced in the Constitution, the Legislature and the Executive branch proposed new safeguarding procedures and adopted new statutes, which recognized broader range …

The Role Of Religion In Constitutions Emerging From Arab Spring Revolutions, Evelyn Aswad

Evelyn Aswad

No abstract provided.

Water As An Economic Good: Implications For Nations’ Freshwater Resources, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.

Equivalent Tax Self Certification Under Fatca, Gatca And The Eu Tsd, William Byrnes

William H. Byrnes

No abstract provided.

Comparative Racialization: From Subjugation To Resistance And Remedy, Tanya Washington

Tanya Monique Washington

No abstract provided.

All Things Being Equal: The Promise Of Affirmative Efforts To Eradicate Color-Coded Inequality In The United States And Brazil, Tanya Washington

Tanya Monique Washington

No abstract provided.

Global Issues In Intellectual Property Law, Amy Landers, Michael Mireles, John Cross, Peter Yu

Amy L. Landers

This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a domestic Intellectual Property course. The book is very accessible for law students and their professors. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.

Exchange Of Information: Fatca, Gatca, Beps, In The Context Of Latin America, William Byrnes

William H. Byrnes

No abstract provided.

¿La Noción De Contrato Es Homogénea?, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

Transitional Justice In Iraq: Learning The Hard Way, Erin Daly

Erin Daly

The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges from the civil service and the military, and a series of reconciliation conferences. And yet, democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society -- including but not limited to constitutionalism, frequent elections, and …