Law Commons^™

An Empirical Study Of Workers' Demands Through Industrial Actions: A Comparative Analysis Of The United States, Germany And The People's Republic Of China Under The Bargaining Model, Xiaohan Sun

Maurer Theses and Dissertations

The Chinese traditional manufacturing industry used to rely on raw materials and low labor costs to achieve a competitive advantage, however, the Chinese lowest–cost labor market is no longer competitive and the Chinese manufacturing industry is not the strongest player in the high-tech area. The transition of manufacturing industry is confronted with difficulties and challenges.

From the prior research, one of the reasons over labor conflicts is the awareness of rights consciousness. Employment dispute cases have had a significant increase since 2008, and labor disputes gradually increased since the year 2014. Industrial actions, such as strikes and protests, became the …

A Critical Review Of U.S. Securities Laws And The Status Of Initial Coin Offerings: Potential Solutions For Issuers, Muhammed Kus

Maurer Theses and Dissertations

Securities law in the United States has a unique approach to defining what is a security and what is not a security. It includes broadly defined terminology and describes several investment instruments that may be considered a security. Courts use one of two methods to determine whether an investment contract is a security: the Howey Test and the Risk Capital Test.

Initial Coin Offerings are one of the most recent instruments that courts and other governmental organizations need to examine in order to answer whether they meet the criteria of being a security. Depending on the result, the issuers may …

The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Uniformity Interpretation Principle In U.S., Yuqing Nie

Maurer Theses and Dissertations

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.

The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG …

The Sufficiency Of Information Privacy Protection In Saudi Arabia, Abdulaziz Almebrad

Maurer Theses and Dissertations

Since the technology revolution, the rules of privacy law have rapidly changed in many countries to keep pace with new privacy challenges. Surprisingly, Saudi Arabia has no specific data protection legislation. This does not necessarily mean that people’s personal information is totally unprotected. In fact, the legal system in Saudi Arabia relies on both Islamic jurisprudence and written laws. Sharia law, the paramount body of law in Saudi Arabia, places a high value on an individual's privacy and prohibits any invasions therein, except in very limited circumstances. Moreover, other provisions relating to the sanctity and safety of individuals’ personal data …

Exploring Banks' Duty Of Care Towards Non-Customers In U.C.C. Article 3 & 4, Anis A. Houssein

Maurer Theses and Dissertations

This Thesis analyzes the bank transaction regarding cashing or accepting for deposit instruments over forged or unauthorized indorsements. Also, it investigates the development of conversion of instruments through the years and the courts’ contribution to the development. It examines the U.C.C. former section 3-419 and the courts’ reaction to the defense afforded to banks against an allegation of conversion and examines as well the current 3-420 and the reasons that led to the amendment. Besides all that, this Thesis discusses the banks’ defenses regarding Impostors and Fictitious Payees under § 3-404, Employer’s responsibility for fraudulent indorsement by his employee under …

A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke

Maurer Theses and Dissertations

The Labor Law in China, enacted in 1994, was the first statute in China to stipulate dismissal protections. The Employment Contract Law, a more recent law that went into effect in January 2008, strengthened Chinese dismissal protections. For example, in the summary termination about the misconduct, this law only allows six instances for termination, and if a misconduct committed by an employee is not covered in these six instances, it is hard for an employer to discharge this employee legally.

In contrast, America has a more flexible employment law. In America, the doctrine of dismissal is dominated by the …

Gender Equality Menace Under Liberia Domestic Relations Law, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

Like most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant …