Trust And The Triangle Expectation Model In Twenty-First Century Contract Law,
2013
Interdisciplinary Center (IDC) Herzliya
Trust And The Triangle Expectation Model In Twenty-First Century Contract Law, Eli Bukspan
Eli Bukspan
The concept of trust best explains the true nature of contract law and is found in key contract law doctrines such as good faith and public policy. By identifying contractual expectation with the idea of trust, and by considering the actual expectations of the contracting parties as well as the ideal expectations of the public, the Article develops the triangle-of-expectations model—the most coherent account of contract law today. This model, conceptually different than classic contract theory, also contributes to stability, certainty, and the contracting parties’ ability to rely on each other as well as on the contractual institution. Most importantly, …
Csr And Law As Alternative Regulatory Systems,
2013
RMIT University
Csr And Law As Alternative Regulatory Systems, Benedict Sheehy
Benedict Sheehy
Abstract: CSR (Corporate Social Responsibility) is an increasingly important area of corporate and legal concern. In addition to problems defining the meaning of the term and understanding the implications for, there is a lack of understanding how it can, does and should interact with law. This paper answers this gap using a method used in the sociology of law, systems theory. The paper argues that CSR can be understood as a response to social costs and law’s apparent failure to curb those costs. It focuses the examination on social costs generated by large industrial organisations and how they are regulated …
The Debtor Class,
2013
University of Toledo College of Law
The Debtor Class, Kara J. Bruce
Kara J. Bruce
In recent years, individuals seeking bankruptcy protection have encountered an unexpected harm: their lenders have misrepresented the amounts they owe, lost or misapplied their loan payments, and violated clear requirements of bankruptcy law and procedure. Recent investigations of consumer bankruptcy cases reveal widespread abuse of the bankruptcy code, ranging from the filing of unsupported or overinflated proofs of claim to violations of the automatic stay and discharge injunction. Such practices undermine consumer bankruptcy’s central goals to provide consumer debtors a fresh financial start and to achieve the fair treatment of and distribution of assets to creditors. Because many debtors affected …
An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice,
2013
Pepperdine University
An Analysis Of Bank Defenses To Check Forgery And Alteration Claims Under Uniform Commercial Code Articles 3 And 4: Claimant's Negligence And Failure To Give Notice, John W. Hinchey
Pepperdine Law Review
In addressing the dual issues of check forgeries and alteration claims faced by many banks, the Uniform Commercial Code sets forth a system of rights and obligations to remedy these problems. In addition, Articles Three and Four also present an array of bank defenses, the availability of which are largely determined by the bank's position in this system. In this article, the author analyzes the inconsistencies and uncertainties inherent in this framework, and determines that there is much room for creativity on the part of banker's counsel in this area.
Privacy, Transparency & Google's Blurred Glass,
2013
Touro Law Center
Privacy, Transparency & Google's Blurred Glass, Jonathan I. Ezor
Jonathan I. Ezor
No matter the context or jurisdiction, one concept underlies every view of the best practices in data privacy: transparency. The mandate to disclose what personal information is collected, how it is used, and with whom and for what purpose it is shared, is essential to enable informed consent to the collection, along with the other user rights that constitute privacy best practices. Google, which claims to support and offer transparency, is increasingly opaque about its many products and services and the information they collect for it, posing a significant privacy concern.
Los Paraísos Fiscales Y Las Empresas Off-Shore,
2013
Echaiz Abogados
Los Paraísos Fiscales Y Las Empresas Off-Shore, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?,
2013
Pepperdine University
Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch
Pepperdine Law Review
No abstract provided.
Corporate Governance: The Sweedish Solution,
2013
Case Western Reserve University School of Law
Corporate Governance: The Sweedish Solution, Geroge W. Dent Jr
Florida Law Review
The optimal allocation of authority among executives, directors, and shareholders of public companies has been debated as long as there have been public companies, and the issue now seems further from resolution than ever. In recent years Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.”1 The change is a big success—it has pleased …
The Risky Interplay Of Tort And Criminal Law: Punitive Damages,
2013
Columbia Law School
The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun
Daniel M Braun
The rise of modern mass tort litigation in the U.S. has transformed punitive damages into something of a “hot button” issue. Since the size of punitive damage awards grew so dramatically in the past half century, this private law remedy has begun to involve issues of constitutional rights that traditionally pertained to criminal proceedings. This has created a risky interplay between tort and criminal law, and courts have thus been trying to find ways to properly manage punitive damage awards. The once rapidly expanding universe of punitive damages is therefore beginning to contract. There remain, however, very serious difficulties. Despite …
Consumer Debt And Usury: A New Rationale For Usury ,
2013
Pepperdine University
Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris
Pepperdine Law Review
No abstract provided.
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?,
2013
Pepperdine University
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
Pepperdine Law Review
No abstract provided.
Relative Responsibility In Afdc: Problems Raised By The Noleo Approach—“If At First You Don't Succeed . . .”,
2013
Washington University School of Law
Relative Responsibility In Afdc: Problems Raised By The Noleo Approach—“If At First You Don't Succeed . . .”, Margaret Howard
Margaret Howard
No abstract provided.
Good Faith In Revlon-Land,
2013
Washington and Lee University School of Law
Good Faith In Revlon-Land, Christopher M. Bruner
Christopher M. Bruner
The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties. In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …
Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards ,
2013
Pepperdine University
Friendship, Commerce, And Navigation Treaties: An Analysis Of The Foreign Corporation's Exemption From United States Labor Standards , Gregory S. Lane
Pepperdine Law Review
No abstract provided.
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital,
2013
Invest Detroit
Investing In Cannabis: Inconsistent Government Regulation And Constraints On Capital, Adrian A. Ohmer
Michigan Business & Entrepreneurial Law Review
This note’s focus is on the future of investing in the growing legalized cannabis industry. In Part II, it will provide a brief history of federal and state regulation of cannabis. Part III will discuss the current role of the federal government in regulating the cannabis industry. Part IV will explore the current avenues of access to capital for the cannabis industry. Lastly, Part V will provide suggestions for the federal government and state governments to reduce investment risk that exists in the cannabis industry.
Utah Should Adopt A Modified Version Of The Revised Uniform Limited Liability Company Act,
2013
SJ Quinney College of Law, University of Utah
Utah Should Adopt A Modified Version Of The Revised Uniform Limited Liability Company Act, Russell K. Smith
Utah OnLaw: The Utah Law Review Online Supplement
The Proposed Act offers a number of advantages over the Current Act. The Current Act is an outdated one-of-a-kind statute that is a patchwork of other commercial statutes that do not mesh well. It has significant inconsistencies and is decidedly less business-friendly than the Proposed Act. It is time for the Utah legislature to enact an LLC statute that (1) represents the best thinking of some of the nation’s foremost experts on LLCs and LLC legislation, (2) is drafted while taking into account recent developments and national trends, (3) offers the benefits of uniformity and consistency with Utah’s other unincorporated …
Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience,
2013
Drake University
Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen
Faculty Scholarship
This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panelists advance two premises: First, that law schools need to teach transactional skills because many students will either focus on transactional law or practice general law where transactional skills are necessary; and second, that some of the transactional skills the schools teach should be specific to main street lawyering because a number of students will be main street lawyers. The panelists explain how the transactional skills necessary for main street lawyering differ from skills needed in litigation and big law firms. They …
The Lawyer's Toolbox: Teaching Students About Risk Allocation,
2013
St. Louis University School of Law
The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodriques
Faculty Scholarship
This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …
The Potential For Abuse In Developer-Controlled Community Development Districts,
2013
Barry University School of Law
The Potential For Abuse In Developer-Controlled Community Development Districts, Paul D. Asfour
Barry Law Review
The scope of this article is to discuss Florida Community Development Districts and their potential for abuse and mismanagement on the part of the developers that control them through the developer elected boards of supervisors (boards). This article will discuss the various statutes that control both the districts and their respective boards. In addition, this article will recommend changes to certain sections of those statutes to better protect the residents, who are subject to the districts’ control, from developers who put profit and personal gain above the best interests of the districts they control and the districts’ residents, who have …
Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts,
2013
Assistant United States Attorney
Dollars And Horse Sense: Why Prudent Buyers And Sellers Should Account For Article 2 Of The Uniform Commercial Code In Their Equine Sales Contracts, Veronica J. Finkelstein
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
