Law Commons^™

Failed Exactions, Mark Fenster

Mark Fenster

Through The Legal Looking Glass: Exploring The Concept Of Corporate Legal Strategy, Antoine Masson, Mary J. Shariff

Mary J. Shariff

This paper sets out to examine various forms of legal strategies that have thus far been identified in the areas of litigation, corporate management and competition. The goal here is to identify and classify emerging approaches to legal strategy discussion in order to assist in the overall study of legal strategy theory as well as to assist in the development of an integrated and accurate definition of legal strategy from a law perspective.

Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Robert Glicksman, Catherine O'Neill, Yee Huang, William Andreen, Robin Kundis Craig, Victor Flatt, William Funk, Dale Goble, Alice Kaswan, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Amos Lee's "Street Corner Preacher" Through Michel Foucault's Critique Of Scientific Knowledge: A Critique Of Legal Knowledge, Nick J. Sciullo

Nick J. Sciullo

This article will demonstrate that although students of the law, legal scholars, and practitioners rely on a relatively narrow body of “legal scholarship,” there are in fact sundry diverse sources of legal thought that deserve to be evaluated along with currently accepted legal scholarship. It will present arguments in favor of appreciating music as a unique and important source of legal commentary through which we might understand how people relate to the law—what I have called “coming to the law.” It will demonstrate that music can be uniquely transgressive and presents a powerful alternative to what Michel Foucault called “scientific …

Hybridizing Jurisdiction, Scott Dodson

Scott Dodson

International Jurisdictional Competition Under Globalization: From The U.S. Regulation Of Foreign Private Issuers To Taiwan’S Restrictions On Outward Investment In Mainland China, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Drawing a lesson from the story that the Sarbanes-Oxley Act drives away foreign issuers and then their physical exit provokes a change in the U.S. regulation of non-U.S. issuers, this article takes as another case study the phenomenon that Taiwanese firms list shares overseas, to further test how usual law market demand and supply forces (or underlying exit and voice rights) interplay under international jurisdictional competition. Put simply, both cases of the U.S. and Taiwan significantly elaborate that law market forces underlying international jurisdictional competition are similarly at work even on both sides of the Pacific Ocean. Specifically, globalization strengthens …

To Share Or Not To Share: Cancer And What Teachers Should Tell Students About It, Robert A. Eckhart

Robert A. Eckhart

How much personal information to disclose to students is a fundamental question teachers have been asking themselves for decades. How much should teachers tell their students – a lot or a little? How should they tell them –in class, or face-to-face? Should the teacher only tell their students in a limited manner and then not answer questions, or should they be prepared to answer any and all questions the students might have? These are difficult questions, but if the teacher approaches the disclosure in the right way – avoiding irrelevant, overly negative, or offensive disclosures – it can be a …

The Administrative Efficiency Of Basic Income, Lindsay J. Stirton Ph.D., Jurgen De Wispelaere

Lindsay J Stirton Ph.D.

No abstract provided.

A Tribute To Robert Spector: "It Started With Jurisdiction", Steven S. Gensler

Steven S. Gensler

No abstract provided.

Desprecio De La Dogmática Jurídica Y La Metodología De La Ciencia Del Derecho. Una Aproximación Realista A Los Problemas Del Sistema De Impartición De Justicia, José Balcázar Quiroz

José Balcázar Quiroz

No abstract provided.

Schlechtriem & Schwenzer: Comentario Sobre La Convención De Las Naciones Unidas Sobre Los Contratos De Compraventa Internacional De Mercaderías, Ingeborg Schwenzer, Edgardo Muñoz

Edgardo Muñoz

The Good Faith Principle In Iberoamerican B2b Contract Law, Edgardo Muñoz

Edgardo Muñoz

No abstract provided.

A Theory Of Agency Law, Paula J. Dalley

Paula J. Dalley

No abstract provided.

Waiting For Justice

Dr. Saumya Uma

Comment On Prof. Stephen Powell's Paper - Managing The Rule Of Law In The Americas, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.

Remarks - Enhancing Visits To Places Of Detention Promoting Collaboration, Claudio M. Grossman

Claudio M. Grossman

No abstract provided.

What Legal Employers Want And Really Need, E. Joan Blum, Mary Ann Chirba, Elisabeth Keller, Judith Tracey

E. Joan Blum

No abstract provided.

Insanity Defenses, Ken Levy, Walter Sinnott-Armstrong

Ken Levy

We explicate and evaluate arguments both for and against the insanity defense itself, different versions of the insanity defense (M'Naghten, Model Penal Code, and Durham (or Product)), the Irresistible Impulse rule, and various reform proposals.

Game Theory, Vatican Ii, And Catholic Commitment, Derek K. Yonai

Derek K. Yonai

We will examine the effects of Vatican II on the behavior of Catholics. Work done previously examined the declining religious vocations in the Catholic Church using marginal analysis and discuss the effects of doctrinal strictness and commitment of followers. We will attempt to combine these insights because not only have vocations declined since Vatican II but church attendance and other measures of lay Catholic commitment have declined as well. This indicates that the effects of Vatican II extend beyond the clergy and a more encompassing analysis is necessary. We will construct a dynamic game theory model that will address the …

Expert Recommendations And The Evolution Of European Best Practices For The Treatment Of Overindebtedness, 1984-2010, Deventer: Kluwer

Jason Kilborn

No abstract provided.

Know Your Customer - Or Not, Genci Bilali

Genci Bilali

“Know Your Customer” (KYC) is the due diligence and bank regulation that banks and other financial institutions perform in order to identify their clients and ascertain relevant information pertinent to doing financial business with them. The KYC policies are largely applied from banks and other financial institutions not only to prevent identity theft fraud, money laundering and terrorist financing but also to regulate the risk in business of lending and investment banking activities between banks and their customers.

Commercial and investment banks failed to comply and implement fully the KYC policies in lending monies and selling financial products to their …

Conventional Wisdom: Acknowledging Uncertainty In The Unknown, Mary Margaret Meg Penrose

Meg Penrose

No abstract provided.

Repondre A La Crise : Activite Irreprochable, Transparence Des Marches, Entraide Internationale Et Autres Developpements De La Pratique Et De La Jurisprudence, Christian Bovet, Fabien Liegeois

Dr. Fabien LIEGEOIS

Secret Bancaire Et Assistance Administrative Internationale En Matière Fiscale: Les Changements Apportés Par La Révision Des Conventions Suisse-France Et Suisse-Usa, Fabien Liegeois

Dr. Fabien LIEGEOIS

Analyse de la situation juridique postérieure à la décision du Conseil fédéral suisse de reprendre les standards de l'OCDE en matière d'échange de renseignements fiscaux (voir en particulier les incidences de ce changement de cap politique sur la protection de la sphère privée des contribuables et la portée du secret bancaire).

Workplace Consequences Of Electronic Exhibitionism And Voyeurism, William A. Herbert

William A. Herbert

The popularity of email, blogging and social networking raises important issues for employers, employees and labor unions. This article will explore contemporary workplace issues resulting from the related social phenomena of electronic exhibitionism and voyeurism. It will begin with a discussion of the international social phenomenon of individuals electronically distributing their personal thoughts, opinions, and activities to a potential worldwide audience while at the same time retaining a subjective sense of privacy. The temptation toward such exhibitionism has been substantially enhanced by the advent of Web 2.0. The article then turns to the legal implications of electronic voyeurism including employer …

Some Think Of The Future: Internet, Electronic And Telephonic Labor Representation Elections, Sara Slinn, William A. Herbert

William A. Herbert

Amid the scholarly dialogue regarding amending labor certification procedures, there have been calls for the adoption of internet, electronic and/or telephonic representation voting (IETV) procedures in representation elections. To date, most labor relations agencies in the United States and Canada have not implemented IETV. Three notable exceptions are the National Mediation Board (NMB) and the Federal Labor Relations Authority (FLRA) in the United States, and the Canada Industrial Relations Board (CIRB). This article explores the strengths and weaknesses of IETV and the potential for wider adoption of this technology in the representation election context. The article examines NMB’s rationale in …

Card Check Labor Certification: Lessons From New York, William A. Herbert

William A. Herbert

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …

Cast Light And Evil Will Go Away: The Transparency Mechanism For Regulating Regional Trade Agreements Three Years After, Jo-Ann Crawford, Chin Leng Lim

Chin Leng Lim

Our aim is to test the idea that the WTO’s ability to regulate RTAs is likely to decline with the proliferation of RTAs worldwide. According to this idea: (1) “people who live in glass houses should not throw stones”, (2) with the proliferation of RTAs, WTO members are likely to place their interests before the interests of the multilateral system, and (3) there would be fewer WTO members demanding stricter disciplines for RTA regulation. However, our finding is that WTO members have at least continued to accord attention to the problems associated with RTA proliferation, and they continue to engage …

Bewitched, Bothered And Bewildered: The Courts And Revised Article 9 Of The Uniform Commercial Code Ten Years Later, Margit Livingston

Margit Livingston

No abstract provided.

Comparative Judicial Attitudinalism: A Preliminary Study Of Judicial Choices In Westminster Legal Systems, Zoe D. Robinson

Zoe Robinson

No abstract provided.