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 …
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.
Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration,
2013
Hirsch & Westheimer, P.C.
Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach
William P. Huttenbach
Recent case you might find of interest regarding the United States Supreme Court upholding a contractual waiver of class arbitration. This case involves merchants filing a class action antitrust suit against American Express. See American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013). Respondents are merchants who accepted American Express cards. The contract between parties contained a clause that required all disputes between said parties to be resolved by arbitration and that no claims could be arbitrated on a class action basis. Respondents brought a class action suit against Petitioners for violation of the federal antitrust laws due …
Contract Clauses As Public Goods: A New Way Of Understanding Inefficient Clauses,
2013
Università Guglielmo Marconi
Contract Clauses As Public Goods: A New Way Of Understanding Inefficient Clauses, Enrico Baffi
enrico baffi
he aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing the abuse of economic dependency. This is a new approach that can be extended to other provisions and appears to rest on fairly solid microeconomic foundations. There is no doubt, however, that many criticisms can be leveled against it. Very briefly, I shall argue that the production of clauses characterized by being rather vague, indeterminate …
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext,
2013
Florida International University College of Law
Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown
Latoya C. Brown, Esq.
This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …
The Regulation Of U.S. Money Market Funds: Lessons From Europe,
2013
Florida International University College of Law
The Regulation Of U.S. Money Market Funds: Lessons From Europe, Latoya C. Brown
Latoya C. Brown, Esq.
The recent financial crisis challenged long held perceptions of money market funds (“MMFs”) as stable and highly liquid instruments. Regulators in the US and in Europe now seek to impose additional rules on MMFs to avoid another significant failure as happened to the Reserve Fund. In the US, the debate is drawing even more media attention as question of which regulatory body - such as the Securities and Exchange Commission, the Treasury Department, and the Financial Stability Oversight Council – should lead the way has taken interesting twists and turns. This paper examines primary reform options being proposed in the …
Amiable Composition And Ex Aequo Et Bono Arbitration,
2013
University of East London
Amiable Composition And Ex Aequo Et Bono Arbitration, Mohamed Raffa, Mohamed Raffa
Mohamed Raffa Dr.
Amiable Composition and arbitration ex aequo et bono are variations of commercial arbitration in which the parties expressly agree that the Arbitrator is not bound by strict rules of law and is free to give effect to general considerations of equity and fair-play on an award decided upon being equitable and bona fide.
Aval Y Objeto Social,
2013
Universidad de Buenos Aires (UBA)
Aval Y Objeto Social, Martin Paolantonio
Martin Paolantonio
A propósito de una nota a fallo, análisis de la relación entre el aval y el objeto social, particularmente en el ámbito de garantías a terceros
