Law Commons^™

Intergovernmental Agreements & Automatic Exchange With The Usa: Is This The End Of The United States As The World’S Largest Offshore Centre?, William Byrnes

William H. Byrnes

No abstract provided.

Panelist, “Private International Law Beyond The State: Family Law And Legal Pluralism”, Michael Helfand

Michael A Helfand

No abstract provided.

Negotiating Bribery: Toward Increased Transparency, Consistency, And Fairness In Pre-Trial Bargaining Under The Foreign Corrupt Practices Act, Peter Reilly

Peter R. Reilly

No abstract provided.

Límites Constitucionales A La Autonomía Privada: La (Supuesta) Santidad De Los Contratos Bajo El Tamiz De La Comparación Jurídica, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.

Intergovernmental Agreement With The United States – What Should It Contain For Bermuda?, William Byrnes

William H. Byrnes

No abstract provided.

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

For the legal historian, the Age of Justinian is nothing short of pivotal. Medievalists and early modernists interested in the so-called reception of Roman law in later times and places must look back to Justinian and his law books, as classicists and historians interested in Roman republican or early imperial law must frequently look forward to them.

Justinian’s law books are, of course, the Digest, the Code, the Institutes, and the Novels (Novellae Constitutiones), which have become known collectively as the Corpus Iuris Civilis (CIC).

It soon becomes clear to those interested in the CIC that the standard modern version …

New Financing, Market Stabilization, And Debt-Cutting Techniques In Sovereign Debt Restructurings: The European Perspective, Matteo Mazzoni

matteo mazzoni

As of today there are two major models of sovereign debt restructuring. The first model is offered by the experiences of the Paris Club and the London Club. The second model is based on the active intervention, leadership, and financial support of international institutions, such as the IMF.

The recent experiences of sovereign debt restructurings in the Eurozone follow the second model. However, the first model has also been a source of inspiration. In particular, recourse to the practice of seeking solutions through negotiations has been made in the area of debt-cutting required from the private sector’s bondholders.

Notwithstanding the …

Internet Regulation, Peter Yu

Peter K. Yu

No abstract provided.

Procedures For Challenging Arbitrators: Lessons For And From Taiwan, Winnie Ma

Winnie Ma

The parties to arbitration may challenge their arbitrators for genuine reasons, such as lack of impartiality, independence or competence. However, the parties may also misuse or abuse the challenge procedures as dilatory (and even as guerrilla) tactics. Ideally, the procedures for challenging arbitrators should uphold arbitral integrity and legitimacy without unduly compromising arbitral expediency and efficiency. This article explores two controversies concerning the arbitrator challenge procedures. First, who should decide on the challenge - the arbitral tribunal including or excluding the challenged arbitrators, or a separate and neutral entity such as an arbitral institution? Second, should the arbitral proceedings continue …

Author Meets Reader - After The Standard Contract Of Employment: Innovations In Regulatory Design, Thomas Kohler

Thomas C. Kohler

Panel on the book Re-thinking Workplace Regulation: Beyond the Standard Contract of Employment by Harry William Arthurs and Katherine V.W. Stone.

Participant, Sixth Annual Conference On Economics And Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Extraterritoriality Of Eu Data Privacy Law - Its Theoretical Justification And Its Practical Effect On U.S. Businesses, Dan Jerker B. Svantesson

Dan Svantesson

Due to its extraterritorial effect, the European Union’s trailblazing data privacy law has long been a major concern for U.S. businesses. With the proposal for a new data privacy framework in the EU, with potential penalties of up to 2% of an offending enterprise’s annual worldwide turnover, such concerns are justified indeed; particularly as the EU at the same time seems to be expanding the extraterritorial reach of its data privacy law.

This article examines the extraterritoriality of current and proposed EU data privacy law and analyses whether those claims of extraterritoriality can be either justified or objected to by …

Categorization Of Trusts By Fatca And The Intergovernmental Agreements, William Byrnes

William H. Byrnes

No abstract provided.

Consequences For The Accidental (Latin) American And Us Reciprocal Automatic Exchange, William Byrnes

William H. Byrnes

No abstract provided.

The Rise Of China As An Intellectual Property Power, Peter Yu

Peter K. Yu

No abstract provided.

Participant, Pacem In Terris: After Fifty Years, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Gewerkschaftsrechte In Den U.S.A, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Gewerkschaftsrechte In Den U.S.A, Thomas Kohler

Thomas C. Kohler

This lecture addressed the allowable limits of employer co-operation in union organization. Issues surrounding this theme have been of special concern to German unions and large German employers with “transplant” facilities in the U.S. German unions have put considerable pressure on German employers to co-operate with and to extend recognition to employee representatives in the American operations. At least some German employers also have a strong interest in adopting German-style representation structures in their workplaces in the U.S. The lecture addressed the topic in comparative perspective, and also spoke to current political and legal trends.

Bioethics And Law In The United States: A Legal Process Perspective, Charles Baron

Charles H. Baron

No abstract provided.

Faculty Seminar On The Papal Encyclical, Pacem In Terris, Thomas Kohler

Thomas C. Kohler

A seminar on the Papal Encyclical Pacem in Terris at the Lumen Christi Institute.

What Does It Mean To Be Conservative?: A Perspective From Catholic Social Thought, Thomas Kohler

Thomas C. Kohler

A presentation given at the University of Chicago Law School.

Standing Faculty Lecture, Harvard University Trade Union Program, Thomas Kohler

Thomas C. Kohler

No abstract provided.

The Least Religious Branch? The New Islamic Constitutionalism After The Arab Spring, Intisar Rabb

Intisar A. Rabb

No abstract provided.

Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik

Spencer J. Coopchik

In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the Islamic legal principles …

The Inefficiencies Of Legislative Centralization: Evidence From Chinese Provincial Tax Rate Setting, Wei Cui

Wei Cui

Legislative power in China is centralized to an unusual degree, both in comparison to other countries and relative to the country’s high degree of administrative decentralization. Given its a priori inefficiencies, this arrangement should be significant from both positive and normative perspectives, but, surprisingly, has received little attention in legal and social scientific scholarship. We devise a novel method for analyzing the inefficiencies of centralization through studying provincial government behavior, examining provincial rate setting for the vehicle and vessel tax (VVT) in 2007 and 2011. Because all provinces have assigned VVT revenue and VVT administration to sub-provincial governments, provincial rate-setting …

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …