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Articles 1 - 15 of 15
Full-Text Articles in Other Law
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Brooklyn Journal of International Law
The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar
Brooklyn Journal of International Law
The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …
China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie
China's Belt And Road Initiative: An Examination Of Project Financing Issues And Alternatives, August Nelson Dinwiddie
Brooklyn Journal of International Law
In 2013, China launched the Belt and Road Initiative (BRI) to realize the vision of revitalizing the ancient Silk Road. The BRI can be characterized as a vast infrastructure development initiative spanning over sixty-five countries that total almost half of the world's GDP. Since its launch, BRI projects have primarily been financed through commercial loans provided by Chinese banks, creating concerns over debt sustainability. At the top of these concerns are fears over whether participation in the BRI will lead to a "debt-trap scenaro." Public-Private Partnerships (PPPs) provide an alternative financing option. In project development under a PPP, particularly the …
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele
Brooklyn Journal of Corporate, Financial & Commercial Law
Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …
Reforming Regulation In The Markets For Home Loans, Edward J. Janger, Susan Block-Lieb
Reforming Regulation In The Markets For Home Loans, Edward J. Janger, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski
Faculty Scholarship
No abstract provided.
Blame, Praise And The Structure Of Legal Rules, Lawrence Solan
Blame, Praise And The Structure Of Legal Rules, Lawrence Solan
Faculty Scholarship
No abstract provided.
Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden
Residual-Risk Model For Classifying Business Arrangements, Bradley T. Borden
Faculty Scholarship
No abstract provided.
False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson
False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson
Faculty Scholarship
No abstract provided.
Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan
Pernicious Ambiguity In Contracts And Statutes, Lawrence Solan
Faculty Scholarship
No abstract provided.
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
The Written Contract As Safe Harbor For Dishonest Conduct, Lawrence Solan
Faculty Scholarship
No abstract provided.
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Suretyship Principles In The New Articles 3: Clarifications And Substantive Changes, Neil B. Cohen
Faculty Scholarship
No abstract provided.
On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin
On The Knowing Inclusion Of Unenforceable Contract And Lease Terms, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski
Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski
Faculty Scholarship
No abstract provided.