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Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari 2014 University of Georgia School of Law

Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari

Georgia Journal of International & Comparative Law

No abstract provided.


Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian 2014 University of Georgia School of Law

Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian

Georgia Journal of International & Comparative Law

No abstract provided.


E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk 2014 Seattle University School of Law

E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk

Seattle University Law Review

Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology ...


The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer 2014 Widener Law

The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer

Luke M Scheuer

In recent years many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public are faced with some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and ...


Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell 2014 University of Georgia School of Law

Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams 2014 University of Georgia School of Law

Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams

Georgia Journal of International & Comparative Law

No abstract provided.


For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg 2014 University of Georgia School of Law

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.


When Is A Dog’S Tail Not A Leg?: A Property-Based Methodology For Distinguishing Sales Of Receivables From Security Interests That Secure An Obligation, Steven L. Harris, Charles W. Mooney Jr. 2014 University of Pennsylvania Law School

When Is A Dog’S Tail Not A Leg?: A Property-Based Methodology For Distinguishing Sales Of Receivables From Security Interests That Secure An Obligation, Steven L. Harris, Charles W. Mooney Jr.

Faculty Scholarship

There are two principal ways in which a firm that is owed money payable in the future but needs the money now may use its rights to payment (“receivables”) to obtain the needed financing. It might sell its receivables, or it might borrow and use the receivables as collateral to secure the loan. Different legal consequences follow depending on whether the transaction is a true sale or is a security interest that secures an obligation (a “SISO”).


These legal consequences are particularly salient when the firm enters bankruptcy. If the transaction is a sale, then the buyer can collect the ...


Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard 2014 SelectedWorks

Illegal Agreements And The Lesser Evil Principle, Chunlin Leonhard

Chunlin Leonhard

Illegal agreement disputes force U.S. courts to wrestle with multiple competing interests. The courts’ approach has been generally explained and understood in terms of the general rule of non-enforcement of illegal agreements with numerous exceptions. The case law on this topic has been described as “a vast, confusing and rather mysterious area of the law.” This article offers the insight that, contrary to common belief, courts’ approach to illegal agreements shows a consistent pattern. A review of randomly selected cases shows that the courts have by and large consistently (albeit implicitly) applied the lesser evil principle in resolving the ...


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans 2014 University of Georgia School of Law

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills 2014 University of Georgia School of Law

Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner 2014 University of Georgia School of Law

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander 2014 University of Georgia School of Law

Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander

Georgia Journal of International & Comparative Law

No abstract provided.


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright 2014 University of Georgia School of Law

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm 2014 University of Georgia School of Law

A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm

Georgia Journal of International & Comparative Law

No abstract provided.


The Privatization Challenge In Guyana, Elizabeth A. Reid 2014 University of Georgia School of Law

The Privatization Challenge In Guyana, Elizabeth A. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware III 2014 University of Georgia School of Law

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, JONG-YI CHIOU 2014 SelectedWorks

A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, Jong-Yi Chiou

JONG-YI CHIOU

In response to the development of protection of human right, Judicial Yuan, Taiwan R.O.C. [hereinafter J.Y.]) Interpretation No. 654 (Jan. 23th, 2009) changed Taiwan’s criminal proceedings. It held that article 23 paragraphs 3, and article 28 of Detention Act which provided that when a counsel visits the accused in custody, the visitation shall be under surveillance and audio-recording without considering whether such surveillance complies with the purpose of detention or is necessary in maintaining the order of the detention facility or not, violated the principle of proportionality under article 23 of the Constitution and was ...


A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, JONG-YI CHIOU 2014 SelectedWorks

A Study Of The Right To Counsel Of In Custody Suspects In Taiwan Criminal Proceedings, Jong-Yi Chiou

JONG-YI CHIOU

In response to the development of protection of human right, Judicial Yuan, Taiwan R.O.C. [hereinafter J.Y.]) Interpretation No. 654 (Jan. 23th, 2009) changed Taiwan’s criminal proceedings. It held that article 23 paragraphs 3, and article 28 of Detention Act which provided that when a counsel visits the accused in custody, the visitation shall be under surveillance and audio-recording without considering whether such surveillance complies with the purpose of detention or is necessary in maintaining the order of the detention facility or not, violated the principle of proportionality under article 23 of the Constitution and was ...


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