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Articles 1 - 8 of 8
Full-Text Articles in Comparative and Foreign Law
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
All Faculty Scholarship
This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …
Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits
Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits
Indiana Journal of Global Legal Studies
A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …
Improving Patent Quality Through Post-Grant Claim Amendments: A Comparison Of European Opposition Proceedings And U.S. Post-Grant Proceedings, Jennifer Turchyn
Improving Patent Quality Through Post-Grant Claim Amendments: A Comparison Of European Opposition Proceedings And U.S. Post-Grant Proceedings, Jennifer Turchyn
Michigan Law Review
Congress enacted the Leahy-Smith America Invents Act to encourage innovation, strengthen U.S. patents, and achieve greater uniformity with foreign patent systems. The America Invents Act introduced two new post-grant patent validity proceedings: inter partes review and post-grant review. The new U.S. proceedings are similar to European opposition proceedings, but there are significant differences in the extent of the patent owner’s ability to amend claims, the patent’s claim construction, the patent owner’s evidentiary burden, and the procedural requirements. The U.S. proceedings result in a very limited opportunity for amendment and a high percentage of invalidated patents. In contrast, European opposition proceedings …
Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer
Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer
ILSA Journal of International & Comparative Law
Secession, conventionally, has been seen as a corollary of the "rights of peoples"; whether would-be secessionists were entitled to a state of their own, depended on whether they were a "people" sufficiently distinct from the balance of a states's population.
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung
ILSA Journal of International & Comparative Law
The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt
The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt
ILSA Journal of International & Comparative Law
The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.
Introductory Remarks-Alien Tort Claims Act, Charles Curlett
Introductory Remarks-Alien Tort Claims Act, Charles Curlett
ILSA Journal of International & Comparative Law
Good morning ladies and gentlemen, and welcome. We are fortunate to have with us today a distinguished panel of professors and practitioners who will be speaking about various aspects of current Alien Tort Claims Act' (ATCA) litigation. Before I introduce them, I thought we might begin with the language of the Statute itself
The Conflict Of Laws: A Comparative Study. Volume Four Property: Bills And Notes: Inheritance: Trusts: Application Of Foreign Law: Lntertemporal Relations, Ernst Rabel
Michigan Legal Studies Series
With this fourth and final volume, the monumental survey of existing systems of conflicts law, initiated by the late Ernst Rabel in 1939 under the auspices of the American Law Institute but conducted after 1942 through the generous sponsorship of the University of Michigan Law School, is completed. It is most fortunate that, despite the fact that the present volume was prepared in various institutions during the years immediately preceding the author's death on September 7, 1955, he not only finished but also revised the proofs of the text; the various tables were later compiled at Ann Arbor.