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2015

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Articles 1 - 30 of 36

Full-Text Articles in Law

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen Dec 2015

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law Nov 2015

Newsroom: Practicing Law With Amazon.Com, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker Nov 2015

Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Newsroom: Yelnosky On Master Of Studies In Law, Roger Williams University School Of Law Oct 2015

Newsroom: Yelnosky On Master Of Studies In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Cuba: Open For Business, But Media Beware, Jodi Benassi Oct 2015

Cuba: Open For Business, But Media Beware, Jodi Benassi

Jodi Benassi

No abstract provided.


Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl Sep 2015

Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl

Law Faculty Articles and Essays

No abstract provided.


2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell Sep 2015

2015 Legislative Recap: Important Bills From Nevada's 78th Legislative Session, Thomas W. Stewart, Jenn Odell

Nevada Law Journal

No abstract provided.


A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin Aug 2015

A Beginner's Guide To Business-Related Aspects Of United States Immigration Law, Paul T. Wangerin

Paul Wangerin

Recent media references to various aspects of United States immigration law - important legislative changes recently suggested by introduction of the Simpson-Mazzoli "Immigration Reform and Control Act"; the crisis involving refugees arriving in the United States from Cuba, Haiti, and Southeast Asia; massive investments in domestic companies by citizens or residents of Middle Eastern oil-producing countries; potential reaction by European business people to President Reagan's changing stance regarding investments in the Soviet Union; the economic policies of France's socialist government; and the United States' deteriorating relation wtih certain Central and South American countries - have drawn renew attention to the …


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Jul 2015

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners Jul 2015

Market Principles For Pesticides, Andrew P. Morriss, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Memo To Prime Minister Cameron On The Revision Of The U.K. National Action Plan On Business And Human Rights, Kaitlin Y. Cordes, Sam Szoke-Burke Jul 2015

Memo To Prime Minister Cameron On The Revision Of The U.K. National Action Plan On Business And Human Rights, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

In July 2015, CCSI sent a memo to U.K. Prime Minister David Cameron to provide input on the 2015 revision of the U.K. National Action Plan on business and human rights, originally published in 2013. The memo applauded the U.K. Government’s early adoption of a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.K. Government has an important role to play in promoting responsible business operations. The memo urged the government to highlight the importance of land …


Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall Jun 2015

Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall

Brenda Marshall

This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …


An Assessment Of Affirmative Action In Business, Jordan A. Kennedy Apr 2015

An Assessment Of Affirmative Action In Business, Jordan A. Kennedy

Honors Scholar Theses

Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this …


Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor Apr 2015

Concubinage And Union Libre: A Historical Comparison Of The Rights Of Unwed Cohabitants In Wrongful Death Actions In France And Louisiana, Robert F. Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi Mar 2015

Immigration As Business Strategy: Simplifying American Immigration Law In A Global Economy, Peter Choi

University of Massachusetts Law Review

Despite immigration law’s notorious complexity, public debate on immigration reform has historically ignored basic questions of why and how the current laws should be simplified. Instead, discussion has often focused on substantive proposals—most commonly regarding legalization and border enforcement—without reference to the impact of these proposals on the legal immigration structure. This article emphasizes that any durable immigration reform must take steps to free the immigration system from the intricacies that define it today. The article begins by overviewing the basic features of the modern global economy, their implications for immigration law, and why these implications compel an immigration system …


Flexible Finality In Bankruptcy: The Right To Appeal A Denial Of Plan Confirmation, Joseph L. Nepowada Feb 2015

Flexible Finality In Bankruptcy: The Right To Appeal A Denial Of Plan Confirmation, Joseph L. Nepowada

Joseph L Nepowada

This Article examines the current state of the law interpreting what “finality” means in context of a bankruptcy proceeding and what effect that interpretation has on the appealability of certain orders, such as the denial of plan confirmation under a Chapter 13 bankruptcy proceeding. The article highlights nine courts of appeals and their decisions concerning the appealability of a denial of a plan confirmation and it is apparent that the courts are split with three courts of appeal allowing a debtor to appeal a denial of plan confirmation as a matter of right, while six courts of appeal will deny …


A Concept-Sensitive Managerial Analysis With Law: Applying A Business Concept To A Legal Rule To Identify The Domain Of Business Situations, James E. Holloway Feb 2015

A Concept-Sensitive Managerial Analysis With Law: Applying A Business Concept To A Legal Rule To Identify The Domain Of Business Situations, James E. Holloway

William & Mary Business Law Review

The traditional fact-sensitive managerial analysis with law analyzes business situations to identify legal issues and applies legal rules to facts to make judicial decisions. The fact-sensitive managerial analysis takes decades to identify a family of business situations and lacks the analytical capacity to use business knowledge (concepts) and analytical methods to identify business situations. Alternatively, a concept-sensitive managerial analysis with law increases factual sensitivity by applying a business concept to a legal rule to shorten the duration of identifying an extensive family of business situations. All situations are not useful or effective when making business decisions or managing a business. …


Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To The Tbgi Analytical Framework By Eberlein Et Al, Nachshon Goltz Jan 2015

Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To The Tbgi Analytical Framework By Eberlein Et Al, Nachshon Goltz

Transnational Business Governance Interactions Working Papers

This article analyzes the regulation of children’s privacy online, especially in the context of personal information collection as a commodity, in the United States of America (USA) and the European Union (EU) according to the Transnational Business Governance Interactions analytical framework proposed by Eberlein et al. This article reviews the regulatory structure of the field in these two jurisdictions, including global organizations, according to Elberlein et al components and questions. In the analysis, a map of the regulatory interactions within this global realm will be presented and discussed. Analysis of the influence of each interacting party and the degree of …


Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood Jan 2015

Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood

Transnational Business Governance Interactions Working Papers

Overlaps and interactions among diverse legal rules, actors and orders have long preoccupied legal scholars. This preoccupation has intensified in recent years as transnational efforts to regulate business have proliferated. This proliferation has led to increasingly frequent and intense interactions among transnational regulatory actors and programs. These transnational business governance interactions (TBGI) are the subject of an emerging interdisciplinary research agenda. This paper situates the TBGI research agenda in the broader field of transnational legal theory by presenting a critical review of the ways in which legal scholars have addressed the phenomenon of governance interactions. Legal scholars frequently recognize the …


Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood Jan 2015

Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood

Transnational Business Governance Interactions Working Papers

Overlaps and interactions among diverse legal rules, actors and orders have long preoccupied legal scholars. This preoccupation has intensified in recent years as transnational efforts to regulate business have proliferated. This proliferation has led to increasingly frequent and intense interactions among transnational regulatory actors and programs. These transnational business governance interactions (TBGI) are the subject of an emerging interdisciplinary research agenda. This paper situates the TBGI research agenda in the broader field of transnational legal theory by presenting a critical review of the ways in which legal scholars have addressed the phenomenon of governance interactions. Legal scholars frequently recognize the …


Ip Basics: Avoiding Patent, Trademark And Copyright Problems, Thomas G. Field Jr. Jan 2015

Ip Basics: Avoiding Patent, Trademark And Copyright Problems, Thomas G. Field Jr.

Law Faculty Scholarship

Patents, copyrights and trademarks, as well as trade secrets and related rights, can be used to exclude free riders. These rights are collectively called "intellectual property" or IP.


It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer Jan 2015

It's Like Going To A Cemetery And Lighting A Candle: Aboriginal Australians, Sorry Business And Social Media, Bronwyn Carlson, Ryan Frazer

Faculty of Law, Humanities and the Arts - Papers (Archive)

Death and funeral practices are a constant presence in many Aboriginal Australians’ lives— research in some communities found they are eight times more likely to have attended a funeral in the previous 2 years than non- Aboriginal people. This can be explained by two major factors: inordinately high rates of Aboriginal mortality and cultural practices around death (broadly referred to as Sorry Business). Research in other contexts has found traditions once reserved solely for face- to- face interactions are now also taking place online on social media. This paper draws from interviews conducted with Aboriginal social media users from New …


Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine Jan 2015

Falling Off Balance: How The Tenth Circuit’S Stance On The Implementation Of A Balancing Test Undermines Congressional Intent In Regard To Extending Sovereign Immunity To Economic Entities Of A Tribe, Robert Thomas Redwine

American Indian Law Review

No abstract provided.


Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein Jan 2015

Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein

Saint Louis University Law Journal

No abstract provided.


Teaching Unincorporated Business Associations Through A Simulated Start-Up, Brett H. Mcdonnell Jan 2015

Teaching Unincorporated Business Associations Through A Simulated Start-Up, Brett H. Mcdonnell

Saint Louis University Law Journal

No abstract provided.


The Lively Classroom: Finding The Humor In Business Associations, Stephen F. Reed Jan 2015

The Lively Classroom: Finding The Humor In Business Associations, Stephen F. Reed

Saint Louis University Law Journal

No abstract provided.


Training The Transactional Business Lawyer: Using The Business Associations Course As A Platform To Teach Professional Skills, Constance Z. Wagner Jan 2015

Training The Transactional Business Lawyer: Using The Business Associations Course As A Platform To Teach Professional Skills, Constance Z. Wagner

Saint Louis University Law Journal

No abstract provided.


Teaching Business Organizations From A Transactional Perspective, William K. Sjostrom Jr. Jan 2015

Teaching Business Organizations From A Transactional Perspective, William K. Sjostrom Jr.

Saint Louis University Law Journal

No abstract provided.


Experiencing Business Associations In The Classroom, Esther Barron Jan 2015

Experiencing Business Associations In The Classroom, Esther Barron

Saint Louis University Law Journal

No abstract provided.