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Social and Behavioral Sciences Commons

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Arts and Humanities

Journal

2015

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Articles 1 - 30 of 950

Full-Text Articles in Social and Behavioral Sciences

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi Dec 2015

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs

No abstract provided.


The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse Dec 2015

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs

No abstract provided.


Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode Dec 2015

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs

No abstract provided.


High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen Dec 2015

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs

No abstract provided.


Commercial Law And The Public Interest, Jay Lawrence Westbrook Dec 2015

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs

No abstract provided.


The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes Dec 2015

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs

No abstract provided.


The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano Dec 2015

The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano

Penn State Journal of Law & International Affairs

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman Dec 2015

Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman

Penn State Journal of Law & International Affairs

The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …


The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas Dec 2015

The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas

Penn State Journal of Law & International Affairs

No abstract provided.


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs

No abstract provided.


The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship Dec 2015

The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship

Penn State Journal of Law & International Affairs

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Dec 2015

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Penn State Journal of Law & International Affairs

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs

No abstract provided.


International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread Dec 2015

International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread

Penn State Journal of Law & International Affairs

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, Mary Hiscock, Hans-W. Micklitz Dec 2015

Foreword, Mary Hiscock, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs

No abstract provided.


Luo’S Ethical Experience Of Growth In Mo Yan's Pow!, Zhenzhao Nie Dec 2015

Luo’S Ethical Experience Of Growth In Mo Yan's Pow!, Zhenzhao Nie

CLCWeb: Comparative Literature and Culture

In his article "Luo's Ethical Experience of Growth in Mo Yan's Pow!" Zhenzhao Nie examines the protagonist's experience of self-discovery in the process of natural to ethical choice. Nie's analysis of the novel rests on the theoretical framework "ethical literary criticism" he developed. In the novel Luo's life is narrated in retrospect when he is attempting to become the disciple of a monk and al-though Luo does not find what he is searching for in religion, he arrives at a new stage in his life which is based on ethical principles. The young Luo is unable to make …


Ethical Dilemma And Ethical Epiphany In Mcewan’S The Children Act, Biwu Shang Dec 2015

Ethical Dilemma And Ethical Epiphany In Mcewan’S The Children Act, Biwu Shang

CLCWeb: Comparative Literature and Culture

In his article "Ethical Dilemma and Ethical Epiphany in McEwan's The Children Act" Biwu Shang attempts to explore the ethical nature of the child's welfare in Ian McEwan's novel. Shang examines the various legal cases processed by the British High Court judge Fiona Maye and the blood transfusion case of Adam Henry in particular. Shang argues that Maye adopts ethical criteria throughout the cases she deals with. More significantly, Adam's blood transfusion case and his consequential death lead Maye to her ethical epiphany related to the child's welfare: life is the fundamental welfare of the child and to protect …


Ethical Discourse And Narrative Strategies In Yan's老师,好美 (To My Teacher, With Love), Zhuo Wang Dec 2015

Ethical Discourse And Narrative Strategies In Yan's老师,好美 (To My Teacher, With Love), Zhuo Wang

CLCWeb: Comparative Literature and Culture

In her article "Ethical Discourse and Narrative Strategies in Yan's老师,好美 (To My Teacher, with Love)" Zhuo Wang discusses the way in which narrative converges with ethics at the site of a radical "ethical environment" in Geling Yan's novel. Wang focuses on how the novel's first-person confessional narration, third-person reflective narration, and online narration dialogue with and interrogate one another working together to bring forth Yan's reconsideration of the ethical dimensions of her text. Wang argues that the novel's personal and social ethics are embodied multiple narrative voices which altogether reflect on the close relationship between novels and ethical discourse …


Narrative Ethics And Alterity In Adichie's Novel Americanah, Nora Berning Dec 2015

Narrative Ethics And Alterity In Adichie's Novel Americanah, Nora Berning

CLCWeb: Comparative Literature and Culture

In her article "Narrative Ethics and Alterity in Adichie's Novel Americanah" Nora Berning analyses Chimamanda Ngozi Adichie's novel through the lens of a narrative ethics of alterity. Focusing on the notion of alterity, Berning argues that a specific turn-of-the-century ethics emerges in contemporary fictions of migration in general and in intercultural novels in particular. An ethical genre in its own right, such twenty-first century fictions as Americanah generate a particular kind of ethical knowledge that revolves around questions of identity and alterity and around individual and collective perceptions of self and other. By addressing the interplay of "the ethics …


Perspectives Of Ethical Identity In Ng's Steer Toward Rock And Jen's Mona In The Promised Land, Hui Su Dec 2015

Perspectives Of Ethical Identity In Ng's Steer Toward Rock And Jen's Mona In The Promised Land, Hui Su

CLCWeb: Comparative Literature and Culture

In her article "Perspectives of Ethical Identity in Ng's Steer toward Rock and Jen's Mona in the Promised Land" Hui Su examines Fae Myenne Ng's and Gish Jen's novels. In the novels, the protagonists make different decisions: in Steer Toward Rock Jack after displacement in China adopts US-American identity and in Mona in the Promised Land Mona, a second generation Chinese American, selects Jewish identity. Owing to their different situations, the two protagonists reflect challenges of identity building in the case of the "Other" in US-American culture and society. Su argues that Ng and Jen, although varying in their …


Introduction To Fiction And Ethics In The Twenty-First Century, Zhenzhao Nie, Biwu Shang Dec 2015

Introduction To Fiction And Ethics In The Twenty-First Century, Zhenzhao Nie, Biwu Shang

CLCWeb: Comparative Literature and Culture

No abstract provided.