Law Commons^™

Cancelation Of High Frequency Trades: Clearly Erroneous Or Just A Mistake?, Andrew D. Getsinger

Bocconi Legal Papers

This paper focuses on an often overlooked and obscure element of the current marketplace: erroneous transactions. Historically, before the markets’ heavy reliance on automated systems, erroneous transactions were only rescindable if both parties agreed to rescind — a mutual mistake approach. Today, however, Exchanges have incorporated a dispute process to trade rescission, where members petition to the Exchange (the third-party) for cancelation of a bad-trade. A trade will then be nullified by the Exchange, if the Exchange finds that trade to be “clearly erroneous” or to have been made in “obvious error.” This dispute-process is called the “clearly erroneous execution” …

Fiscal Rules As An Instrument Of Fiscal Consolidation (Chosen Issues), Krystyna Niziol

Bocconi Legal Papers

Chosen issues connected with fiscal rules will be analyzed in this paper. These rules can be used as an instrument of fiscal consolidation, which aim is to limit deficit and public debt. This issue is particularly important in times of a sovereign debt crisis, which many EU countries have to cope with. Regulations of the EU and Polish Fiscal Law concerning the analyzed issues will be discussed in this paper.

Retos De La Publicidad Formal En El Siglo Xxi, Francisco Escajadillo Ch.

Francisco Escajadillo Ch.

La publicidad formal en el Perú de hoy se enfrenta a nuevos retos con el devenir de los tiempos, en función a las necesidades que aquejan a la sociedad en su conjunto. Una aproximación a dicho panorama es el que se propone en las siguientes líneas.

Concesión Minera Vs Derecho De Propiedad: Sobre Los Conflictos Entre El Concesionario Minero Y El Propietario Del Suelo, Francisco Escajadillo Ch.

Francisco Escajadillo Ch.

Un breve análisis sobre los conflictos que se originan debido al impacto social de la actividad minera.

Ohio Medicaid Expansion: Is It Legal?, Erin Killeen

Erin Killeen

No abstract provided.

The Great American Gun Violence Lottery, Erin Ryan

Erin Ryan

Reflecting on the one-year anniversary of the Sandy Hook elementary school shooting, this very short essay compares the experience of gun violence in America to the dystopian game of chance in Shirley Jackson’s classic American short story, “The Lottery.” With references to the role of Constitutional law, media consumption, and cultural change, it urges an available, common-sense middle ground on gun policy. The essay was first published by the American Constitution Society (Dec. 17, 2013) and later appeared in the Huffington Post (Dec. 20, 2013).

Contract As Pattern Language, Erik F. Gerding

Erik F. Gerding

Christopher Alexander’s architectural theory of a "pattern language" influenced the development of object-oriented computer programming. This pattern language framework also explains the design of legal contracts. Moreover, the pattern language rubric explains how legal agreements interlock to create complex transactions and how transactions interconnect to create markets. This pattern language framework helps account for evidence, including from the global financial crisis, of failures in modern contract design.

A pattern represents an encapsulated conceptual solution to a recurring design problem. Patterns save architects and designers from having to reinvent the wheel; they can use solutions that evolved over time to address …

Finding The Point Of Novelty In Software Patents, Bernard H. Chao

Bernard H Chao

The issue of patentable subject matter eligibility is in considerable flux. In 2012, the Supreme Court set forth a confusing new framework for determining patent eligibility. The decision in Mayo v. Prometheus cast serious doubt on the continued viability of many software patents. Indeed, a split quickly emerged in the Federal Circuit. As a result, it was unclear whether adding computer limitations to an otherwise unpatentable concept somehow renders the concept patent eligible. In an attempt to settle this question, the Federal Circuit granted a petition to rehear CLS Bank Int’l en banc. But the judges could not find common …

Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky

Brandon Sadowsky

In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.

La Tercería De Propiedad Contra Garantías Reales, Jimmy J. Ronquillo Pascual

Jimmy J. Ronquillo Pascual

El autor se encuentra a favor de la posibilidad de que vía tercería de dominio se levanten afectaciones judiciales como extrajudiciales (garantías reales). Sin embargo, considera que no basta con derogar el segundo párrafo del artículo 533 del Código Procesal Civil, ya que eso implicaría el retroceso a un escenario en el que la jurisprudencia era contradictoria y tendía a rechazar in limine las pretensiones del tercerista. Finalmente, reconoce que la tercería de propiedad mantiene aún muchos aspectos que deben ser esclarecidos y que una eventual reforma debe mirar íntegramente esta figura.

The Importance Of Free And Frank Advice From The Public Service, Matthew S. R. Palmer Qc

The Hon Justice Matthew Palmer

There has been a systematic diminution in the quality of policy advice in the New Zealand executive government between about 1998 and 2008. That has been associated with a diminution in the willingness of public servants to provide free and frank advice. Leadership at senior political and bureaucratic levels is required to address this as well as cultural change throughout the policy capacity of the New Zealand public service.

Critical Evaluation Of The Effectiveness Of Consumer Complaint Redressal Agencies Under The Consumer Protection Act, 1986, Sudhir Tarote, Sukdeo Ingale

Sukdeo Ingale

In this paper, the authors have bird’s eye view of the provisions of the Consumer Protection Act, 1986 dealing with jurisdictional overlapping, summary proceeding, power to grant interim relief, review powers, appeal, lack of the status of ‘Court of Record’ etc. The authors found some defects in the functioning of the existing framework of the Consumer Complaint Redressal Agencies and have suggested in which way the procedural reform shall go further for better protection of substantive rights of consumer. The scope of this paper is limited to the procedural rights of consumer and does not explore substantive rights of consumer.

Us/Eu Trade For Cross-Border Alternative Societies Labor And Industrial Relations In The Transatlantic Free-Trade Agreement Guidelines, Michele Faioli

Michele Faioli

No abstract provided.

Legal Writing--What’S Next? Real-World, Persuasion Pedagogy From Day One, Adam Lamparello, Charles Maclean

Adam Lamparello

No abstract provided.

International Cooperation Over Water Use In Central Asia, Jaume Saura Estapà

Jaume Saura Estapà

The aim of this paper is to analyse one of the key factors for understanding the region ofCentral Asia: its distinctive relationship to water resources. The first section examines the management of water resources in the region from the viewpoint of the obligation of cooperation established in general international law. Then, we explore the implications of water management in terms of the rights of citizens, regional cooperation in the management, conservation and sustainable development of the inland fisheries of Central Asia, and cooperation in the generation and distribution of hydroelectric power in the region.

The Virtue In Bankruptcy, Matthew Adam Bruckner

Matthew Adam Bruckner

In response to a gap in the corporate bankruptcy literature, this Article offers a new positive theory of corporate bankruptcy law based on virtue ethics. The dominant theory of corporate bankruptcy law—the creditors’ bargain model—is necessarily incomplete because it does not account for bankruptcy courts’ equitable and discretionary powers, or for bankruptcy courts’ need to consider decision-making criteria other than economic efficiency. By contrast, virtue ethics offers insights about these features of corporate bankruptcy law for at least three reasons. First, bankruptcy courts appear to give content to bankruptcy laws by using virtue ethical principles. Second, virtue ethics’ decision-making process—practical …

Religious Victory Over The Affordable Care Act? Possible Recourse For The Employee Of The Religious Employer, Jacqueline Prats

Jacqueline M Prats

In 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (ACA). Even as the Court deliberated, a number of for-profit employers prepared to challenge the law—not the Act as a whole, but a specific part: the requirement that insurance plans cover contraceptives for women, free of co-pay or other cost-sharing. Although their companies were secular, these business owners claimed that the “contraception mandate” violated not only their religious beliefs, but also those of their companies. They challenged the ACA under both the Free Exercise Clause of the First Amendment and a federal statute called the Religious Freedom …

What Do We Worry About When We Worry About Price Discrimination? The Law And Ethics Of Using Personal Information For Pricing, Akiva A. Miller

Akiva A Miller

New information technologies have dramatically increased sellers’ ability to engage in retail price discrimination. Debates over using personal information for price discrimination frequently treat it as a single problem, and are not sufficiently sensitive to the variety of price discrimination practices, the different kinds of information they require in order to succeed, and the different ethical concerns they raise. This paper explores the ethical and legal debate over regulating price discrimination facilitated by consumers’ personal information. Various kinds of “privacy remedies”—self-regulation, technological fixes, state regulation, and legislating private causes of legal action—each have their place. By drawing distinctions between various …

Sobre La Importancia De Una Antropología Del Derecho, Daniel Quiñonez

Daniel Quiñonez Oré

En el presente artículo se manifiesta la importancia que la antropología reviste para el análisis y el estudio del Derecho, postulando la necesidad de salir del esquema postivisita y jerarquizante del mismo, dando cuenta de la existencia de distintas realidades y actores.

Extract From United States Code Annotated, Section On Article Vi, Clause 3 (West 2013), Citing Tillman's Response To Chafetz, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Article VI, Clause 3 (West 2013), citing Tillman's Response to Chafetz.

[November 18, 2013]

Extract From United States Code Annotated, Section On Article I, Section 3, Clause 7 (West 2013 & 2015), Citing Tillman's Response To Chafetz, And Tillman's Respose To Cassady, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Article I, Section 3, Clause 7 (West 2013 & 2015), citing Tillman's Response to Chafetz, and Tillman's Response to Cassady.

[30 May 2015]

Extract From United States Code Annotated, Section On Article I, Section 6, Clause 2 (West 2013), Citing Tillman's Response To Chafetz, Seth Barrett Tillman

Seth Barrett Tillman

Extract from United States Code Annotated, Section on Article I, Section 6, Clause 2 (West 2013), citing Tillman's Response to Chafetz.

[November 18, 2013]

Citation List To "Six Puzzles For Professor Akhil Amar," "The Puzzles," And "The Answers", Seth Barrett Tillman

Seth Barrett Tillman

This is a citation list to Tillman's "Six Puzzles for Professor Akhil Amar," "The Puzzles," and "The Answers."[27 April 2015]

Extract From Stephen E. Sachs' Book Review, Illinois Law Review, Citing Tillman's Contribution On The Originalism Blog, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Stephen E. Sachs, The “Unwritten Constitution” and Unwritten Law, 2013 U. Ill. L. Rev. 1797, 1822 n.177 (reviewing Akhil Reed Amar, America’s Unwritten Constitution (2012)) (citing Michael Ramsey, Michael Stern and Seth Barrett Tillman on the Vice President’s Impeachment Trial, The Originalism Blog (Nov. 4, 2012, 7:00 AM)).

[October 27, 2013]

Applying Jus In Bello Proportionality To Drone Warfare, David J. Akerson

David J. Akerson

This article applies the international humanitarian law (IHL) principle of proportionality to the use of unmanned aerial vehicles (UAVs), commonly referred to as drones,[1] by the United States military forces (US Military) and the United States Central Intelligence Agency (CIA) in its armed conflicts in Iraq and Afghanistan and the “war on terror” in places such as Pakistan, Yemen, Somalia and Mali.[2] Iraq and Afghanistan at some point were more conventional armed conflicts that yielded to occupations with a continuing conflict against irregular insurgents. Pakistan, Yemen, Somalia and Mali fall into the so-called “targeted killings” genre, defined as …

Law, Bubbles, And Financial Regulation, Erik F. Gerding

Erik F. Gerding

This introductory chapter of the book "Law, Bubbles, and Financial Regulation" outlines how financial regulation can fail when it is needed the most. The dynamics of asset price bubbles weaken financial regulation just as financial markets begin to overheat and the risk of crisis spikes. At the same time, the failure of financial regulations adds further fuel to a bubble.

This book examines the interaction of bubbles and financial regulation through over three centuries of history of financial crises. This perspective reveals that law is crucial to the story of bubbles and that the legal history of the current global …

Ending Slavery: A Papal Mission, Anne T. Gallagher Ao

Anne T Gallagher

My weekend with Pope Francis

Increase Quota, Invite Opportunities, Improve Economy: An Examination Of The Educational And Employment Crisis Of Undocumented Immigrants And Individuals From Abroad, Brittany Fink

Brittany Fink

No abstract provided.

Land Appreciation Charges & Cover-Up Attempt By Awho, Chandra Nath

Chandra Nath

AWHO was established as a Society under the Rule of Law expressly for the welfare of its members and NOT established as a foray by Army Headquarters into Real Estate business in a thriving real estate market at this particular stage in the country’s economy. We, the people, still believe that our obligations as proud Indians and more importantly, as proud veterans, are not just to ourselves, but to all posterity for creating a Society of equals and not divide ourselves into “Rulers” (powerful, autocratic and ever ready to exploit the powerless) and powerless “Subjects”. This paper explores how AWHO …

Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer

Richard M Weinmeyer

Since the early 1990s, legislative and policy reforms have spurred the inclusion of women of childbearing potential in clinical research overseen by the National Institutes of Health and the U.S. Food and Drug Administration. Pregnant women have received no such help, however, despite the tremendous medical needs of this important demographic. This article argues that the exclusion of pregnant women from biomedical research in the United States constitutes sex discrimination as a matter of public policy given the interpretation of existing regulations governing human subjects protections. The current regulations that are in place guiding research on human subjects treat pregnant …