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La Cláusula De Declaraciones Y Garantías En Un Contrato De Compraventa De Acciones, Martín Melgarejo 2017 Universidad de Lima

La Cláusula De Declaraciones Y Garantías En Un Contrato De Compraventa De Acciones, Martín Melgarejo

Martín Melgarejo

No abstract provided.


Las Teorías Sobre La Representación Y El Código Civil Peruano, Fort Ninamancco Córdova 2017 Universidad Nacional Mayor de San Marcos

Las Teorías Sobre La Representación Y El Código Civil Peruano, Fort Ninamancco Córdova

Fort Ninamancco Cordova

Capítulo II de la tesis que el autor sustentó para obtener el Título Profesional de abogado, el 29 de octubre del año 2008. Se analizan las diversas teorías que se han planteado sobre el rol de la voluntad del representado y del representante de cara al negocio o acto jurídico representativo, luego se hace una interpretación de la normativa pertinente del Código Civil peruano a la luz de dichas teorías.


Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland 2017 Boston College Law School

Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland

Boston College Law Review

State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...


Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion 2017 Boston College Law School

Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion

Boston College Law Review

Street art is visual art created in public spaces, many times at the behest of the communities in which the work is created. It is a derivative of graffiti, which is the illicit marking of public locations, usually on buildings or train cars. Retailers’ appropriation of street art and graffiti is becoming commonplace, causing confusion in the market. As a result, street artists have filed an increasing number of copyright and trademark infringement lawsuits to protect their intellectual property rights. There is a debate regarding whether these artists are entitled to trademark protection given the expressive nature of their marks ...


Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green 2017 Boston College Law School

Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green

Boston College Law Review

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin 2017 Selected Works

Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin

Nathalie Martin

Students are often surprised by how much they enjoy commercial law. Anyone who finds either money or power interesting is likely to see the potential for fun in a class where these issues are discussed. In a capitalist society, "Money Law" reflects virtually all of our societal values in one way or another, reflects the culture of capitalism at work, and is "Law and Society" in the broadest sense. While most people find it hard to get excited about secured transactions, this sentiment is not likely to last long if the teacher uses Secured Credit: A Systems Approach. Part I ...


German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen 2017 University of Augsburg

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial And Consumer Transactions Volume Ii: Negotiable Instruments And Banking 3rd Ed., Benjamin Geva 2017 Osgoode Hall Law School of York University

Commercial And Consumer Transactions Volume Ii: Negotiable Instruments And Banking 3rd Ed., Benjamin Geva

Osgoode Course Casebooks

Course Number 2420


Commercial Transactions, John Krahmer 2017 Texas Tech University

Commercial Transactions, John Krahmer

SMU Annual Texas Survey

No abstract provided.


Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman 2017 Washington University School of Law

Corporate Social Responsibility: Are Franchises Off The Hook, Or Can A Treaty Catch Them?, Lauren Verseman

Washington University Global Studies Law Review

In the current human rights compliance landscape, a company like McDonald’s can pledge to serve sustainably sourced beef at its restaurants worldwide but at the same time decline to require policies that ensure employees at McDonald’s franchise locations are not subject to unfair labor practices, human rights abuses, or even human trafficking. This paper will explore the duty of business enterprises to respect human rights. It will then discuss the efforts to define the scope of a business and human rights treaty in the face of the “bundle of contracts”the structures of many business entities, specifically franchise ...


My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating 2017 Washington University School of Law

My Favorite Case To Teach: A Literal “Gateway” For Students To Learn Contract Formation, Contract Terms, And Legal Realism, Daniel Keating

Washington University Journal of Law & Policy

This Essay explains the continued relevance of the issues discussed in Hill v. Gateway 2000, Inc. twenty years later. Keating describes his approach to teaching the case in his classroom, highlighting the broad and narrow issues under Article 2 of the Uniform Commercial Code implicated by the underlying facts. Keating disagrees with the outcome of the case, but praises its value as a teaching tool for sales contract formation and broader policy issues in the legal system.


Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu 2017 Washington University School of Law

Plain Tobacco Packaging’S Impact On International Trade And The Family Smoking Prevention And Tobacco Control Act In The U.S. And Drafting Suggestions, Sunil S. Gu

Washington University Global Studies Law Review

Despite its legal status, tobacco products, due to the potential harmful effects on health, have never been free from various governmental regulations. However, it was easier said than done to regulate them as governments wished, and in fact there were numerous failed attempts. Thus, governments tried to come up with a better and more effective regulation that will reduce the tobacco consumption thereby promoting public health, under the name of public health of their citizens. And plain tobacco packaging measures are the latest solution suggested.

The introduction of the plain tobacco measures has stirred huge controversy (understandably so), since it ...


Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny 2017 Washington University School of Law

Treaty-Based Claims Against Subdivisions Of Icsid Contracting States, Douglas Pivnichny

Washington University Global Studies Law Review

This article primarily concerns the juridical personality of States in public international law, how this has changed in the 20th century, and potential consequences of these developments in the field of investor-State arbitration. Specifically, it asks whether a subdivision of a federal State made subject to the jurisdiction of the International Centre for the Settlement of Investment Disputes (“ICSID” or “the Centre”) under Article 25 of the ICSID Convention may be responsible as a juridical person independent of its State for violating an investment treaty (e.g., a bilateral investment treaty (“BIT”) or the investment chapter of a free-trade agreement ...


Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow 2017 Ohio State University College of Law

Can The United States Impose Trade Sanctions On China For Currency Manipulation?, Daniel C.K. Chow

Washington University Global Studies Law Review

Anti-China critics argue that the People’s Republic of China (PRC or China) engages in a long-standing and intentional pattern of currency manipulation that artificially devalues the Chinese currency, the Renminbi (RMB or “people’s currency”) versus the USD. The devaluation of the RMB makes Chinese goods less expensive to the U.S. consumer as they need to exchange fewer dollars for the same amount of RMB used to purchase Chinese imported goods. At the same time, U.S. goods are more expensive to the Chinese consumer as they need to use more RMB to exchange for the same amount ...


Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau 2017 American University Washington College of Law

Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau

American University Law Review

No abstract provided.


A Legal Theory Of Shareholder Primacy, Robert J. Rhee 2017 University of Florida Levin College of Law

A Legal Theory Of Shareholder Primacy, Robert J. Rhee

Working Papers

Shareholder primacy is the most fundamental concept in corporate law and corporate governance. It is widely embraced in the business, legal, and academic communities. Economic analysis and policy arguments advance a normative theory that corporate managers should maximize shareholder wealth. Academic literature invariably describes shareholder primacy as a “norm.” But whether the concept is “law” is contested because, remarkably, we still do not have a coherent legal theory. Our understanding of a fundamental tenet of the field is flawed and incomplete. This article presents a positive legal theory of shareholder primacy. It answers the questions: Is shareholder primacy law? What ...


Recalibrating The Federal Economic Crime Guideline: An Admiring Rejoinder To Judge Bennett And Friends, Frank O. Bowman III 2017 University of Missouri, Columbia

Recalibrating The Federal Economic Crime Guideline: An Admiring Rejoinder To Judge Bennett And Friends, Frank O. Bowman Iii

Faculty Publications

I have read with the greatest pleasure the article on federal white-collar crime sentencing by U.S. District Judge Mark Bennett and Professors Justin Levinson and Koichi Hioki. They review the history of fraud sentencing in the Sentencing Guidelines era, offer a persuasive critique of some deficiencies in the current regime, present the results of their own survey of judicial attitudes toward sentencing a representative fraud case, and propose a series of useful prescriptions for change. Inasmuch as they are kind enough to cite my own work approvingly throughout the article, it will come as no surprise that I agree ...


Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz 2017 University of Missouri School of Law

Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz

Journal of Dispute Resolution

The goal of this Comment is to address the relationship between Middle-Eastern Islamic countries with the rest of the world from an international commercial arbitration perspective. To do that, we will first briefly address the historic sectarian divide between the two main sects in Islam—Sunna and Shia—which will allow the reader to gain a better understanding of the theoretical differences within Islam, resulting in different legal systems and competing political interests. Section II will also briefly address the modern history of both the Kingdom of Saudi Arabia (KSA) and the Islamic Republic of Iran (Iran) because these two ...


Aggregated Royalties For Top-Down Frand Determinations: Revisiting "Joint Negotiation", Jorge L. Contreras 2017 S.J. Quinney College of Law, University of Utah

Aggregated Royalties For Top-Down Frand Determinations: Revisiting "Joint Negotiation", Jorge L. Contreras

Utah Law Faculty Scholarship

In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standardsessential patents (SEPs) using “top-down” methodologies. Top-down royalty approaches begin with the aggregate royalty that should be payable with respect to all SEPs covering a particular standard, and then allocate a portion of the total to individual SEPs. Top-down approaches avoid many drawbacks associated with bottom-up approaches in which royalties for individual SEPs are assessed, often in an inconsistent and piecemeal manner, without regard ...


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