The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, 2015 University of Paris Dauphine
The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, Eduardo Silva Romero, Luis Miguel Velarde Saffer
American University Business Law Review
No abstract provided.
The Future Of International Arbitration In Central And Eastern Europe, 2015 American University Washington College of Law
The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski
American University Business Law Review
No abstract provided.
The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, 2015 Cornell Law School
The Macroprudential Turn: From Institutional 'Safety And Soundness' To Systematic 'Financial Stability' In Financial Supervision, Robert C. Hockett
Cornell Law Faculty Publications
Since the global financial dramas of 2008-09, authorities on financial regulation have come increasingly to counsel the inclusion of macroprudential policy instruments in the standard ‘toolkit’ of finance-regulatory measures employed by financial supervisors. The hallmark of this perspective is its focus not simply on the safety and soundness of individual financial institutions, as is characteristic of the traditional ‘microprudential’ perspective, but also on certain structural features of financial systems that can imperil such systems as wholes. Systemic ‘financial stability’ thus comes to supplement, though not to supplant, institutional ‘safety and soundness’ as a regulatory desideratum.
The move from primarily micro- …
Veil-Piercing's Procedure, 2015 University of Missouri School of Law
Veil-Piercing's Procedure, Sam F. Halabi
Faculty Publications
With the lines between shareholders and corporations blurring over constitutional rights like free exercise of religion and political speech, questions as to how and under what circumstances the law respects or disregards the separation between shareholders and their corporations have never been more urgent. In the corporate law literature, these inquiries have overwhelmingly focused on the doctrine of piercing the corporate veil, a judicial mechanism normally applied to hold shareholders responsible for the obligations of corporations. The last twenty years of veil-piercing scholarship has been largely devoted to empirical analyses of veil-piercing cases collected from Lexis and Westlaw searches. Since …
Forfeiting Federalism: The Faustian Pact With Big Tobacco, 2015 University of Richmond
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Public Interest Law Review
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …
Non-Uniform Statutes Governing The Sale Of Horses, 2015 University of Kentucky
Non-Uniform Statutes Governing The Sale Of Horses, Frank T. Becker
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Appraisal Activism In M&A Deals: Recent Developments In The United States And The Eu, 2015 Greenberg Traurig LLP
Appraisal Activism In M&A Deals: Recent Developments In The United States And The Eu, Raluca Papadima
Raluca Papadima
This article discusses the recent rise in M&A appraisal activism in the United States and, to a lower extent, in the European Union (using France, Germany and Romania as examples). It explains the mechanisms and rationale that lead to appraisal proceedings, their outcome and their effects for the parties involved (buyers, targets, financial advisors) and for M&A practitioners. It concludes that while appraisal activism is expected to continue, and amplify, in the United States, there is not a similarly high or immediate cause for concern in the European Union.
Tribunal Registral Dice Que Publicación Del Acuerdo De Disolución Y Liquidación De Sociedad Forma Parte Del Título Para Su Inscripción, 2015 Echaiz Abogados
Tribunal Registral Dice Que Publicación Del Acuerdo De Disolución Y Liquidación De Sociedad Forma Parte Del Título Para Su Inscripción, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Consumer Protection, Hijacking And The Concepcion Cases, 2015 Independent
Consumer Protection, Hijacking And The Concepcion Cases, Brandy G. Robinson
Brandy G Robinson
Since its ruling, AT&T Mobility v. Concepcion has been the subject of scrutiny among many people in both the business and legal industries. The ruling’s significance denotes class arbitration is no longer a viable option in certain types of litigation matters. Yet, courts continue to defy this ruling. Post-Concepcion cases help in exploring why there is such a discord and confusion on whether class arbitration or any class alternative dispute resolution method are allowable.This article briefly examines AT&T Mobility LLC v. Concepcion and post-Concepcion cases and what remains for consumers and consumer law attorneys after Concepcion. The article also provides …
La Csjn Y El "Cepo Cambiario", 2015 Universidad de Buenos Aires (UBA)
La Csjn Y El "Cepo Cambiario", Martin Paolantonio
Martin Paolantonio
Nuevo análisis de la jurisprudencia de la Corte Suprema sobre las restricciones cambiarias
El Portador Protegido Del Título Valor Y El Código Civil Y Comercial, 2015 Universidad de Buenos Aires (UBA)
El Portador Protegido Del Título Valor Y El Código Civil Y Comercial, Martin Paolantonio
Martin Paolantonio
Considerando el reciente Código Civil y Comercial, se presenta en la doctrina argentina el concepto de portador protegido, elaborado sobre la base de las disposiciones generales de títulos valores del nuevo ordenamiento de derecho privado.
Monólogo De Fuentes: El Pagaré De Consumo, 2015 Universidad de Buenos Aires (UBA)
Monólogo De Fuentes: El Pagaré De Consumo, Martin Paolantonio
Martin Paolantonio
Análisis de la relación entre el derecho del consumidor, el juicio ejecutivo y la disciplina de los títulos valores, a propósito del conflicto que plantea la interpretación de alguna doctrina y jurisprudencia sobre la base del art. 36 de la ley de defensa del consumidor
Amenities, Amenities, Amenities? How Policymakers Can Swot Their Way To Better Entrepreneurial Facility Options, 2015 The Florida State University
Amenities, Amenities, Amenities? How Policymakers Can Swot Their Way To Better Entrepreneurial Facility Options, Darren Prum
Darren A. Prum
Across the country, policymakers from both the public and private sector regardless of their level of responsibility turn to entrepreneurial ventures as an opportunity to drive economic activity within their sphere of influence. They develop and implement strategies that encourage new business ventures but fail to consider a fundamental aspect of the organizing process of a business, which is finding a suitable facility. As such, this article seeks to consider and evaluate the forms and types of facilities available to entrepreneurs in order to provide policymakers with an insight on the best methods to assist in facilitating their success while …
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, 2015 Pennsylvania State University - Main Campus
Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum
Chad G. Marzen
Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.
Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the various …
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, 2015 Florida State University
The Personal Liability Of Insurance Claims Adjusters For Insurance Bad Faith, Chad G. Marzen
Chad G. Marzen
One of the currents of change sweeping through the insurance industry is the rise of insurance bad faith liability. There is an emerging legal question today as to whether the individual employee adjusters of insurance companies can be subject to bad faith liability.This article examines the question of whether employee-adjusters of insurance companies can and should be held liable for insurance bad faith liability. Early reported cases involving personal liability for bad faith generally held that insurance company employee adjusters were immune from bad faith claims as they were not in privity of contract with insureds. However, three significant decisions …
Trust And Social Commerce, 2015 Penn State Law
Trust And Social Commerce, Julia Y. Lee
Journal Articles
Internet commerce has transformed the marketing of goods and services. The separation between point of sale and seller, and the presence of geographically dispersed sellers who do not engage in repeated transactions with the same customers challenge traditional mechanisms for building the trust required for commercial exchanges. In this changing environment, legal rules and institutions play a diminished role in building trust. Instead, new systems and methods are emerging to foster trust in one-shot commercial transactions in cyberspace.
The Article focuses on the rise of “social commerce,” a socio-economic phenomenon centered on the use of social media and other modes …
"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015), 2015 John Marshall Law School
"Deemed" Security Interests In Ucc Article 9: Avoiding Traps For The Unwary, 14 Depaul Bus. & Com. L.J. 79 (2015), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
Uniform Commercial Code (“UCC”) Section 1-201(35) provides in its detailed definition of security interests that “security interest” means “an interest in personal property or fixtures which secures payment or performance of an obligation.” Other parts of the UCC demonstrate that two relatively distinct kinds of security interests exist. First, the UCC notes that parties to transactions can create security interests by executing “security agreements.” For convenience sake, the security interests created by security agreements can be called “conventional” or “agreed upon” security interests. Second, various sections of the UCC describe security interests that come into existence by operation of law …
Data Protection Laws: Quilts Versus Blankets, 2015 Syracuse University College of Law
Data Protection Laws: Quilts Versus Blankets, Samantha Diorio
Syracuse Journal of International Law and Commerce
No abstract provided.
Forfeiting Federalism: The Faustian Pact With Big Tobacco, 2015 University of Richmond
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Journal of Law and the Public Interest
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …
Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, 2015 University of Richmond
Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, Andrew B. Spalding
Law Faculty Publications
Duty Free rests upon a kind of three-legged stool of legal argumentation. Those legs are: 1) the common law of contract; 2) principles of state liability for official misconduct; and 3) global anti-corruption policy. As this article will show, each leg of that stool is fundamentally flawed; the legal arguments are unpersuasive and occasionally incorrect. This article seeks to deconstruct that stool, exposing the fatal structural flaws in each leg. It thus clears the way for building an arbitral jurisprudence of corruption that actually does what Duty Free attempted: advance global anti-corruption policy in a way that will inure to …