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Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow 2016 California Superior Court (San Francisco)

Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow

Curtis E.A. Karnow

 An historical investigation of California’s  standards of review  of class certification orders, together with an analysis of the standard and its implications for the practical work of trial judges and lawyers litigating class actions. The article concludes by emphasizing the role of the trial plan in certification motions.


The Doctrine Of Frustration In The Law Of Sales, John D. McCamus 2016 Osgoode Hall Law School of York University

The Doctrine Of Frustration In The Law Of Sales, John D. Mccamus

John D. McCamus

No abstract provided.


Law And Finance: The Case Of Stock Market Development In China, Zhong Zhang 2016 University of Sheffield

Law And Finance: The Case Of Stock Market Development In China, Zhong Zhang

Boston College International and Comparative Law Review

Having grown to one of the largest in the world in just over two decades, China’s stock market is cited as a counterexample to the significance of law for financial market development. A thorough examination of the development of China’s stock market, however, finds that law is actually critical to sustaining growth. On the other hand, the trajectory of development in China is growth first followed by law, and the improvement of law is caused by market growth. The experience of China suggests that law and market growth exhibit a bidirectional rather than unidirectional causal relationship, and the ...


Too Big To Nail: How Investor-State Arbitration Lacks An Appropriate Execution Mechanism For The Largest Awards, Jacob A. Kuipers 2016 Boston College Law School

Too Big To Nail: How Investor-State Arbitration Lacks An Appropriate Execution Mechanism For The Largest Awards, Jacob A. Kuipers

Boston College International and Comparative Law Review

Typically, when an international arbitration tribunal renders an award, it includes a specific date by which the defendants must pay the award. If the defendants refuse to pay the award by the mandated deadline and the defendants are not seeking that the award be set aside, then the claimants have the ability to seize assets of the defendants through national courts that could enforce the tribunal’s judgment. Those courts may issue orders to seize a party’s assets in their jurisdiction as a way to enforce all or part of the tribunal’s award. This presents an uphill battle ...


Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge 2016 Texas A&M University School of Law

Apple Pay, Bitcoin, And Consumers: The Abcs Of Future Public Payments Law, Mark Edwin Burge

Mark Edwin Burge

As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than emulation. This Article argues, however, that the legal and market developments of the last several decades in payment systems provide compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public law regulatory scheme for payment systems¾exemplified by Articles 3 and 4 of the Uniform ...


The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White 2016 University of Georgia School of Law

The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White

Georgia Journal of International & Comparative Law

No abstract provided.


The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva 2016 Selected Works

The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva

Benjamin Geva

No abstract provided.


Real Estate Investment Trusts In Canada, Samita Pachai 2016 The University of Western Ontario

Real Estate Investment Trusts In Canada, Samita Pachai

Electronic Thesis and Dissertation Repository

The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination ...


On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr. 2016 Tulane University School of Law

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Journal of Intellectual Property Law

No abstract provided.


Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton 2016 University of Georgia School of Law

Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton

Journal of Intellectual Property Law

No abstract provided.


Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt 2016 Jones Day

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg 2016 University of Kentucky College of Law

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its ...


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon 2016 Southern University Law Center

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang 2016 Tulane University

The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang

Dr. Hao Jiang

In the past 15 years, Delaware courts have consistently allowed a sophisticated party to foreclose fraud claims based on extra-contractual misrepresentations using a disclaimer. However, a survey of the case law revealed that courts dismissed the fraud claims after finding that there was no reasonable/justifiable reliance on the alleged misrepresentation. I conclude that such a freedom to contract around fraud is fictitious. This is because there would be no fraud to start with when justifiable reliance is missing. Therefore, the courts were either right to dismiss the case when they could not find reliance or they decided on the ...


The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang 2016 Tulane University

The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang

Dr. Hao Jiang

In the past 15 years, Delaware courts have consistently allowed a sophisticated party to foreclose fraud claims based on extra-contractual misrepresentations using a disclaimer. However, a survey of the case law revealed that courts dismissed the fraud claims after finding that there was no reasonable/justifiable reliance on the alleged misrepresentation. I conclude that such a freedom to contract around fraud is fictitious. This is because there would be no fraud to start with when justifiable reliance is missing. Therefore, the courts were either right to dismiss the case when they could not find reliance or they decided on the ...


Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder 2016 University of Miami Law School

Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder

University of Miami Business Law Review

No abstract provided.


The Rules Of The Game And The Morality Of Efficient Breach, Gregory Klass 2016 Georgetown University Law Center

The Rules Of The Game And The Morality Of Efficient Breach, Gregory Klass

Georgetown Law Faculty Publications and Other Works

Moralists have long criticized the theory of efficient breach for its advocacy of promise breaking. But a fully developed theory of efficient breach has an internal morality of its own. It argues that sophisticated parties contract for efficient breach, which in the long run maximizes everyone’s welfare. And the theory marks some breaches—those that are opportunistic, obstructive, or otherwise inefficient—as wrongs that the law should deter, as transgressions that should not be priced but punished. That internal morality, however, does not excuse the theory from moral scrutiny. An extended comparison to Jean Renoir’s 1939 film, La ...


Making Offers No One Can Refuse: Effective Contract Drafting—Part 5, Gerald Lebovits 2016 Columbia, Fordham & NYU Law Schools

Making Offers No One Can Refuse: Effective Contract Drafting—Part 5, Gerald Lebovits

Gerald Lebovits

This article, the 5th in a 5-part series, covers contract drafting.


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Journal Articles

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)? This article answers those questions. It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies. Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory. There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


The Insurability Of Claims For Restitution, Christopher French 2016 Penn State Law

The Insurability Of Claims For Restitution, Christopher French

Christopher C. French

Does and should a wrongdoer’s liability insurance cover an aggrieved party’s claim for restitution (e.g., a claim for the disgorgement of ill-gotten gains)?  This article answers those questions.  It does so by first answering the question of whether claims for restitution are covered under the terms of liability insurance policies.  Then, after concluding that they are, it addresses the question of whether claims for restitution should be insurable as a matter of public policy and insurance law theory.  There are long-standing legal and equitable principles that, on the one hand, dictate that a wrongdoer should not be ...


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