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Freedom Of Contract Under State Supervision.Pdf, Hao Jiang 2016 Tulane Law School

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang

Hao Jiang Esq.

This study investigates the theoretical obstacles freedom of contract brings to an economy where state ownership is pervasive while the market is not sufficiently competitive such as China. Contrary to the arguments made by existing literatures that attributed all the conflicts of interest between state and private investors and related agency problems to the state ownership and dual role of state as a regulator and market player, and that adoption of unitary treatments to state and private ownerships alike as the solution, I attribute most of the obstacles in the contract law theories to the absence of a free market ...


The Exporting Process: Some Considerations For Practitioners, Albert Caproni III 2016 University of Georgia School of Law

The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Council Of Europe Convention On Products Liability, Bernard Hanotiau 2016 University of Georgia School of Law

The Council Of Europe Convention On Products Liability, Bernard Hanotiau

Georgia Journal of International & Comparative Law

No abstract provided.


Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese 2016 University of Georgia School of Law

Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese

Georgia Journal of International & Comparative Law

No abstract provided.


Slides On Mekong River Agreement Negotiation, Nishant Choudhary 2016 The George Washington University

Slides On Mekong River Agreement Negotiation, Nishant Choudhary

Nishant Choudhary

Power point presentation on Mekong River Agreement


Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach, A.J. Casale 2016 The Catholic University of America, Columbus School of Law

Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach, A.J. Casale

Catholic University Law Review

J.D. Candidate, May 2016, The Catholic University of America, Columbus School of Law; B.A., 2006, The George Washington University. The author would like to thank the staff and editors of the Catholic University Law Review for their contributions to this Comment.


The Two Sides Of Magna Carta: How Good Government Sometimes Wins Out Over Public Choice, Richard A. Epstein 2016 New York University, School of Law

The Two Sides Of Magna Carta: How Good Government Sometimes Wins Out Over Public Choice, Richard A. Epstein

Law & Economics Workshop

No abstract provided.


How Does Hedge Fund Activism Reshape Corporate Innovation?, Alon Brav 2016 The Fuqua School of Business, Duke University

How Does Hedge Fund Activism Reshape Corporate Innovation?, Alon Brav

Law & Economics Workshop

No abstract provided.


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 E. Burge

As technology rolls out ongoing and competing streams of payments innovation exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing 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 of payment systems provides compelling evidence of the most realistic and socially beneficial future for payments law. The paradigm of a comprehensive public-law regulatory scheme for payment systems—exemplified by Articles 3 and 4 of the Uniform Commercial Code—has ...


Defining Agency And Its Scope (Ii), Deborah A. DeMott 2016 Duke Law School

Defining Agency And Its Scope (Ii), Deborah A. Demott

Faculty Scholarship

Fiduciary law necessarily raises issues of delineation and demarcation, which this paper demonstrates through examples involving common-law agents. Serving as an agent, and thus as a fiduciary, does not necessarily mean that agency law prescribes all duties that the agent owes the principal. The agent may have rights external to the relationship that the agent may exercise, distinct from the duty of loyalty owed the principal. When an agent acts outside the bounds of an agency relationship, the principal’s consent is not requisite to conduct that would constitute disloyalty within the bounds of the agency relationship. The paper illustrates ...


New Kids On The Blockchain: How Bitcoin's Technology Could Reinvent The Stock Market, Larissa Lee, Larissa Lee 2015 University of Utah

New Kids On The Blockchain: How Bitcoin's Technology Could Reinvent The Stock Market, Larissa Lee, Larissa Lee

Larissa Lee

Bitcoin is the first and most successful digital currency in the world. It is polarized in the news almost daily, with either glowing reviews of the many benefits of an alternative and international currency, or doomsday predictions of anarchy, deflation, and another tulip bubble.
This Article focuses on the truly innovative aspect of Bitcoin—and that which has gone mostly unnoticed since its inception—the technological platform used to transfer Bitcoin from one party to another. This technology is called the Blockchain. The Blockchain eschews a bank or other middleman and allows parties to transfer funds directly to one another ...


Officer Accountability (Forthcoming), Megan Shaner 2015 University of Oklahoma Norman Campus

Officer Accountability (Forthcoming), Megan Shaner

Megan Wischmeier Shaner

No abstract provided.


Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, Chang-hsien Tsai 2015 Institute of Law for Science & Technology, National Tsing Hua University

Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Crowdfunding has caused a worldwide revolution in startup financing in recent years. Equity-based crowdfunding (“EC”) is still highly regulated in Taiwan, although it was authorized under Title III of the JOBS Act in the United States (the so-called “Crowdfund Act”) in 2012. Notably, in January 2014, Taiwan’s government created the “Go Incubation Board for Startup and Acceleration” (GISA), a government-sanctioned public EC platform run by a government-controlled foundation, the GreTai Securities Market (GTSM). Another breakthrough in Taiwan’s crowdfunding regulatory pattern at the end of April 2015 was the authorization of private portals to administer EC by promulgating the ...


Youtube Marketing: Legality Of Sponsorship And Endorsement In Advertising, Katrina Wu 2015 University of San Diego

Youtube Marketing: Legality Of Sponsorship And Endorsement In Advertising, Katrina Wu

Katrina Wu

YouTube endorsement marketing, sometimes referred to as native advertising, is a form of marketing where advertisements are seamlessly incorporated into the video content unlike traditional commercials. The paper categorizes YouTube endorsement marketing into three forms: (1) direct sponsorship where the content creator partners with the sponsor to create videos, (2) affiliated links where the content creator gets a commission resulting from purchases attributable to the content creator, and (3) free product sampling where products are sent to content creators for free to be featured in a video. Examples in each of the three forms of YouTube marketing can be observed ...


Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman 2015 Selected Works

Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, Steven Feldman

Steven Feldman

Currently, a lively debate exists in the academic community about the fairness of contractual arbitration clauses. The commentators, however, rarely explore the doctrinal aspects of arbitration as found in the Uniform Arbitration Act, the Revised Uniform Arbitration Act, and the Federal Arbitration Act.

This oversight is regrettable because standard form arbitration clauses are a fixture on the current legal landscape and the odds are high that arbitration in its current form will continue for many years to come.

This article analyzes the Tennessee Uniform Arbitration Act (TUAA). One of the most challenging TUAA topics is the action for vacatur (annulment ...


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz 2015 European University Institute Florence

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

Penn State Journal of Law & International Affairs

No abstract provided.


The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian 2015 Catholic University of America, Columbus School of Law

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.


Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler 2015 Catholic University of America, Columbus School of Law

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.


The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray 2015 College of William & Mary Law School

The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray

William & Mary Bill of Rights Journal

No abstract provided.


Dec . 15 : A Day That Changed State History, Ann M Lousin 2015 John Marshall Law School

Dec . 15 : A Day That Changed State History, Ann M Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


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