Law Commons^™

Reconstructing The Taiwanese Rule On Pure Economic Loss: Establishing A General Standard For Recovery For Pure Economic Loss In Unintentional Torts, Wen-Hsuan Yang

Maurer Theses and Dissertations

An important issue in Taiwan today is whether pure economic loss can be recovered as a right under the former part of first paragraph of Article 184 in Civil Code of Taiwan, thereby making it recoverable in unintentional torts. Contrary to most scholars in Taiwan, this Thesis argues that 1) pure economic loss should be a recognizable harm under the former part of first paragraph of Article 184; and 2) economic loss should be considered on a category-by-category basis, rather than the traditional all-or-none basis presently used in Taiwan.

Traditionally, two arguments are made against recovery for pure economic loss …

A Comparative Analysis Of Shareholder Derivative Litigations In Taiwan: Rethinking Of Law, Implementation, And Suggestion, Ting-Hsien Cheng

Maurer Theses and Dissertations

Since the 1990s, Taiwan’s capital market has been tarnished by several corporate scandals, many involving managerial embezzlements and false/misleading financial reports. One of the main reasons why these scandals frequently occurred is the lack of an effective system of checks-and-balances or good corporate governance mechanisms within Taiwan’s companies. To deal with this deficiency for corporate governance, there have been many discussions in Taiwan’s academia of corporate laws about how to reform the provisions of Taiwan Company Act, especially for a better internal monitoring mechanism.

In fact, in last two decades, Taiwan has taken a series of legal reforms as an …

Establishing A Suitable Lay Participation System For The Taiwanese Criminal Justice System, Yi-Lin Lou

Maurer Theses and Dissertations

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this …

Conceptualizing Copyright Enforcement And Management In The Digital Age Through Two Models: The Right-Holder-Centric Model And Cooperative Model, Yang Sun

Maurer Theses and Dissertations

This dissertation focuses on the issues of copyright enforcement and management. Especially, the research looks into how the digital technology reshapes the general perceptions and landscape of the copyright system in terms of online enforcement and management. Stepping into the digital age, the interaction between copyright holders and other parties, including online users and the ISPs, establishes two coexisting models—the right-holder-centric model and the cooperative model. Therefore, the dissertation analyzes which model is more appropriate and efficient with respect to online copyright enforcement and management.

As a matter of fact, the coexistences of two models provides copyright holders and other …

Enhancing The Effectiveness Of The Public Procurement System Of Iraq Through Reforming The Bid Protest Processes, Ali Ahmed Rahman

Maurer Theses and Dissertations

This dissertation addresses the legal framework of the bid protest system in Iraq, which is designed to check illegalities and irregularities in awarding public contracts by contracting agencies. Several regional and international agreements emphasize the significance of bid protest processes for member states. However, the mere existence of bid protest forums is not sufficient to ensure their effectiveness. The vast majority of developing countries have bid protest mechanisms, but this does not mean that they are functioning as necessary. This work begins by assessing the theoretical controversies surrounding the issue of what works best, more discretion or more oversight, in …

The Role Government Should Play In The American Recovery And Reinvestment Act 2009, Jungmi Bang

Maurer Theses and Dissertations

The purpose of this research is to determine the most effective way to administer an economic stimulation act and what role the government should play. More specifically, the paper will discuss administrative problems and limitations, such as the government’s possible disengagement from the real market stake holders’ assessment in the ARRA and will provide possible solutions to eliminate or minimize those defects. Ultimately, the research seeks to satisfy the real market stake holders’ expectation by analyzing the pros and cons of the ARRA, and by comparing Korea’s administrative approach to adopting an economic stimulation plan in the real market with …

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Maurer Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and …

An Analysis Of Patent System And Antitrust Law Issues In Oled Display Industry: Focusing On The Patent Strategy For Securing Technologies And Materials, Meyoung Ju Joung

Maurer Theses and Dissertations

This dissertation presents an analysis of patent system and antitrust law issue in OLED (Organic Light Emitting Diode) display industry focusing on the patent strategy for securing technologies and materials. Material patent holders of multinational companies wielding great market power in OLED industry have pursued a variety of strategic patenting including combination inventions and broadly claimed inventions to maintain their competitive position by extension of the market exclusively beyond the legitimate scope initially granted by the patent within the current regulatory framework. Recently, their questionable patents have been challenged through patent invalidation trials brought by prospective infringers, claiming that the …

Rethinking Hedge Fund Regulation: Focusing On The U.S., The U.K., And Korea, Eun Jip Kim

Maurer Theses and Dissertations

Until the global financial crisis in 2008, hedge funds had relied on various safe harbor rules to remain unregulated. Since then, various subprime mortgage crisis-driven regulatory reforms have been made worldwide. Through the implementation of registration and reporting obligations the hedge fund regulatory framework has been changed to reinforce regulations that may provide financial stability, making hedge funds more like other regulated entities.

Current hedge fund regulations are based on the policy grounds, on one hand, that macro-prudential regulations are necessary due to the potential adverse effects on the market from hedge fund size and leverage positions, and on the …

A Comparative Study Of Gmo Labeling And Liability Systems In The Us, Eu, And South Korea: The Circumstances And A Future Potential For Harmonization, Moonsook Park

Maurer Theses and Dissertations

With the remarkable development of GMOs, GMO trade has also increased. The different attitudes on GMOs among the countries all over the world, specifically the US, EU, and South Korea, have the potential to create international trade conflicts. In order to mediate the conflicts, reasonable labeling and liability systems need to be established to prevent potential GMO risks. The Biosafety Protocol regarding the transboundary movement of GMOs exists to resolve such tensions, but it fails to sufficiently solve the problems and provide clear regulations concerning GMO labeling and liability systems.

A successful GMO labeling and liability system should emphasize the …

A Study On The Safe Harbor Rules For Online File Hosting Service Providers Under Copyright Law In China, Shi Xu

Maurer Theses and Dissertations

Today both the U.S. and China are plagued with copyright infringement, particularly infringement involving online file sharing via file hosting services. The safe harbor rules in the U.S. Digital Millennium Copyright Act (here after “DMCA”) §512(c) provide a certain amount of protection for contributory infringers, such as file hosting service providers, as long as certain conditions are met. Although China has borrowed extensively from DMCA §512(c) in setting up its own safe harbor rules, their content and standard of review remain unclear, leading to inconsistencies in judgments. In this circumstance, this thesis tries to analysis each element of the safe …

The Applicability Of The Crime Of Aggression To Armed Conflicts Involving Quasi-States, Hyeyoung Lee

Maurer Theses and Dissertations

The crime of aggression, as defined in the Rome Statute of the International Criminal Court, is only applicable to inter-state armed conflicts. There is, however, a gray area when an armed conflict erupts in the territory of a recognized state and initially looks like civil war, but has international elements such as the involvement of a quasi-state whose status and rights are disputed in international law. Resolving the issue of whether the crime of aggression is applicable to disputes involving quasi-states is important because (1) there are many quasi-states throughout Europe, Asia, and Africa; and (2) quasi-states are a …