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Full-Text Articles in Law
Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio
Clash Of The Titans: Collisions Of Economic Regulations And The Need To Harmonize Prescriptive Jurisdiction Rules, Milena Sterio
Law Faculty Articles and Essays
Part I of this article describes regulatory clashes involving different states' public laws, and then focuses on certain areas of law, including antitrust, securities, and Internet commerce and publishing, where such clashes are most likely to take place. Part II focuses on the different solutions to this regulatory puzzle invoked by scholars, advocating either territorial-based or substance-based approaches. Part III then critiques the two approaches, while emphasizing the need to address the issue from a global perspective, that is, by seeking to harmonize jurisdiction-allocating rules on an international level.
Iraq, Secured Transactions & The Promise Of Islamic Law,, Mark J. Sundahl
Iraq, Secured Transactions & The Promise Of Islamic Law,, Mark J. Sundahl
Law Faculty Articles and Essays
When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature must comply with the principles of Islamic law. This Article sets forth proposals for reform …