Vacatur Of Awards Under The Tennessee Uniform Arbitration Act: Substance, Procedure, And Strategies For Practitioners, 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 ...
Why Does A Powerful Regulatory Regime Fail? An Examination Of The Regulation Of Prepaid Cards In China, Pan Su
Based on in-depth interviews and news materials, this article examines why there is a regulatory failure in China’s regulation of prepaid cards: the regulation has not served for public interests and the compliance level is low. In Western scholarship, several theories have been raised to explain regulatory failure. The most influential theory is regulatory capture, which means that regulatory agencies have been captured by the industries and serve primarily for the industries’ benefit rather than public interests. Compared to Western countries, China, as a non-democratic state, has a different regulatory regime and provides a new perspective for regulatory failure ...
Transcripts, 2015 Catholic university of eastern Africa
Transcripts, Kevin Ndoho Macharia
Kevin Ndoho Macharia
This are my Transcripts.
Are "Legal" Marijuana Contracts "Illegal"?, 2015 Widener University Delaware Law School
Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer
Luke M Scheuer
America is currently in the midst of a “legal” marijuana business boom. In states which have legalized marijuana thousands of businesses have been created and are being openly operated despite the continued prohibition on their main product by the federal Controlled Substances Abuse Act. As a regular part of their business, these companies enter into contracts which violate the CSA, for example, every time they sell their main product. These businesses, and their stakeholders, rely upon the enforceability of these contracts in order to regulate their relationships. However, under the “illegality” or public policy defense to the enforcement of contracts ...
E-Commerce, Cyber, And Electronic Payment System Risks: Lessons From Paypal, 2015 Author, Educator, Entrepreneur & Professional Corporate Director
E-Commerce, Cyber, And Electronic Payment System Risks: Lessons From Paypal, Lawrence J. Trautman
Lawrence J. Trautman Sr.
By now, almost without exception, every business has an internet presence, and is likely engaged in e-commerce. What are the major risks perceived by those engaged in e-commerce and electronic payment systems? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise?
This article utilizes the relevant annual report disclosures from eBay (parent of PayPal), along with other eBay and PayPal documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from eBay’s regulatory filings. My additions include weaving these ...
Conflicted Counselors: Retaliation Protections For Attorney-Whistleblowers In An Inconsistent Regulatory Regime, 2015 Assistant Professor of Law, City University of New York, Baruch College, Zicklin School of Business
Conflicted Counselors: Retaliation Protections For Attorney-Whistleblowers In An Inconsistent Regulatory Regime, Jennifer M. Pacella
Jennifer M. Pacella, Esq.
Attorneys, especially in-house counsel, are subject to retaliation by employers in much the same way as traditional whistleblowers, often experiencing retaliation and loss of livelihood for reporting instances of wrongdoing about their clients. Although attorney-whistleblowing undoubtedly invokes ethical concerns, attorneys who “appear and practice” before the Securities and Exchange Commission (“SEC”) are required by federal law to act as internal whistleblowers under the Sarbanes-Oxley Act (“SOX”) and report evidence of material violations of the law within the organizations that they represent. An attorney’s failure to comply with these obligations will result in SEC-imposed civil penalties and disciplinary action. Recent ...
Democratizing Startups, 2015 Illinois Institute of Technology
Democratizing Startups, Seth C. Oranburg
Seth C Oranburg
The Jumpstart Our Business Startups Act of 2012 intends to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number over 111. More money is going into ...
The Customary Practice Of Gerawee In Afghanistan: A Case For Transitioning To Real Equity-Based Finance, Haroun Rahimi
The customary practice of Gerawee, in principle, refers to a specific form of synthetic loan. It is a pledge-lease transaction that enables owners of immovable properties to obtain financing based on the market value of those properties in exchange for either paying regular payments in form of rent or transferring the right to lease those properties to a financer. The practice has been developed to help debtors and creditors avoid the prohibition of interest bearing loans under Shari’ah. Despite the efforts of some Muslim jurists to justify the practice under Shari’ah, it is widely criticized. In particular, Afghan ...
Con Los Precios Más Bajos... Mentira Caserito, Solo Estaba Exagerando. Analizando Los Límites De Las Licencias Publicitarias Frente A Los Actos De Competencia Desleal En La Modalidad De Engaño, 2015 Pontificia Universidad Católica del Perú
Con Los Precios Más Bajos... Mentira Caserito, Solo Estaba Exagerando. Analizando Los Límites De Las Licencias Publicitarias Frente A Los Actos De Competencia Desleal En La Modalidad De Engaño, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
“El Principio De Causalidad Del Procedimiento Administrativo Sancionador Frente A Actos De Reorganización Societaria”, 2015 Universidad Nacional Mayor de San Marcos
“El Principio De Causalidad Del Procedimiento Administrativo Sancionador Frente A Actos De Reorganización Societaria”, Jancarlos Jair Vega Lugo
Jancarlos Jair Vega Lugo
El autor precisa la aplicación del principio de causalidad en los procedimientos administrativos sancionadores en los que la persona jurídica infractora realiza actos de reorganización societaria. Sostiene que en cualquier escenario corresponde iniciar o continuar con la imputación de responsabilidad de una persona jurídica resultante de una transformación societaria, pero que en los casos de fusión y escisión corresponderá determinar la forma en la que se ha ejecutado la operación, para luego identificar contra quién ha de dirigirse en lo que será el inicio o la continuación de un procedimiento.
Mi Designación Como Amicus Curiae: Comunicación Oficial., 2015 Universidad Nacional Mayor de San Marcos
Mi Designación Como Amicus Curiae: Comunicación Oficial., Fort Ninamancco Córdova
Fort Ninamancco Cordova
Comunicado oficial, vía correo electrónico de fecha 08 de julio de 2015, en el cual se me informa de mi designación como Amicus Curiae del VII Pleno Casatorio Civil, y se hace la invitación correspondiente. Cabe precisar que el Pleno Casatorio fue oficialmente convocado por la Sala Civil Permanente de la Corte Suprema.
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, 2015 Seattle University School of Law
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, 2015 Seattle University School of Law
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, 2015 Seattle University School of Law
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to ...
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, 2015 Seattle University School of Law
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may ...
Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, 2015 Indiana University Maurer School of Law
Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter
Indiana Law Journal
This Note will give an in-depth review of the legality and policy implications of Verizon’s lengthy certification process. Part I will give a short background of the time leading up to Verizon’s purchase of the C-Block. It will then review the actual rules of the agreement between Verizon and the FCC at the time of the purchase, as well as the pertinent history following the purchase. Part II will analyze whether Verizon’s lengthy certification process violates the C-Block rules or the general spirit of Verizon’s agreement to abide by the rules. Part III will then argue ...
Culture: The Oft Forgotten Ingredient For A Successful International M&A Transaction, Art Gemmell Dr
While the difficulties encountered by management in domestic M&A transactions are substantial, the omnipresence of culture pervading an international M&A transaction brings an added dimension to the already difficult obstacles faced by parties. And yet, culture is too often given the short shrift in an international M&A deal, with the end result being disappointment and unrealised expectations by both parties.
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, 2015 Arizona Summit Law School
Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener
Pace Law Review
Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication ...
An Approach To The Regulation Of Spanish Banking Foundations, 2015 Universidad Pontificia de Comillas
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, 2015 Tulane University of Louisiana
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
No abstract provided.