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Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim 2014 Seoul National University; University of Michigan Law School

Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim

Articles

Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …


Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler 2014 Duquesne University

Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler

Duquesne Law Review

No abstract provided.


Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson 2014 Duquesne University

Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson

Duquesne Law Review

No abstract provided.


Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo 2014 Duquesne University

Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo

Duquesne Law Review

No abstract provided.


Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa 2014 Duquesne University

Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa

Duquesne Law Review

No abstract provided.


The Age Of Constitutions In The Americas, M C. Mirow 2014 Florida International University College of Law

The Age Of Constitutions In The Americas, M C. Mirow

Faculty Publications

The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and …


Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari 2014 University of Richmond Law School

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Richmond Journal of Global Law & Business

No abstract provided.


Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills 2014 University of Richmond Law School

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.


The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers 2014 Barry University, Dwayne O. Andreas School of Law

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.


Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun 2014 Deheng Law Firm

Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun

Richmond Journal of Global Law & Business

No abstract provided.


Legitimacy-Based Discrimination And The Development Of The Judicial Power In Japan As Seen Through Two Supreme Court Cases, Colin P. A. Jones 2014 University of Pennsylvania Carey Law School

Legitimacy-Based Discrimination And The Development Of The Judicial Power In Japan As Seen Through Two Supreme Court Cases, Colin P. A. Jones

East Asia Law Review

In September of 2013 the Supreme Court of Japan issued two judgments dealing with the constitutionality of statutory schemes that discriminated based on legitimacy. The first case resulted in the Court finding the provision unconstitutional, a rare occurrence in Japan. The second case found no constitutional problem to exist. This article will compare and contrast the two decisions while explaining the family law context in which they arose. It also offers an explanation of how the Court could arrive at two seemingly contradictory conclusions at almost the same time in its history.


A Us/India Model For China’S Ethnic Policies: Is The Cure Worse Than The Disease?, Barry Sautman 2014 University of Pennsylvania Carey Law School

A Us/India Model For China’S Ethnic Policies: Is The Cure Worse Than The Disease?, Barry Sautman

East Asia Law Review

Some scholars in China argue that minority rights inscribed in law, such as ethnic regional autonomy and preferential policies, must be reformed along liberal lines: minorities should be “depoliticized” -- treated as cultural groups whose members have only individual, not collective, rights. They propose a “second generation of ethnic policies” for China that they argue would resemble policies in the United States and India. This article shows, however, that the United States and India do not have the features of ethnic equity and peace that they are supposed to exemplify, as their minorities have subordinate, deteriorating social positions and are …


Masthead, 2014 University of Pennsylvania Carey Law School

Masthead

East Asia Law Review

No abstract provided.


The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release, Jianlin Chen 2014 University of Pennsylvania Carey Law School

The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release, Jianlin Chen

East Asia Law Review

No abstract provided.


Licensing Intellectual Property In China, Lei Mei 2014 University of Pennsylvania Carey Law School

Licensing Intellectual Property In China, Lei Mei

East Asia Law Review

No abstract provided.


Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei 2014 University of Pennsylvania Carey Law School

Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei

East Asia Law Review

No abstract provided.


Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?, Rui Bu 2014 University of Pennsylvania Carey Law School

Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?, Rui Bu

East Asia Law Review

No abstract provided.


A Dynamic Theory Of Judicial Role, David Landau 2014 Florida State University College of Law

A Dynamic Theory Of Judicial Role, David Landau

Scholarly Publications

Recent scholarship has focused heavily on the activism of courts in the fragile democracies of the “Global South.” Courts in countries like India, Colombia, and South Africa have issued landmark decisions in difficult political environments, in the process raising unanswered questions about the appropriate conception of judicial role in these climates. Much of the judicial and academic effort in these contexts is self-consciously oriented towards using courts to carry out basic improvements in the quality of political systems seen as badly deficient. In other words, the core task is to improve the quality of the democratic system over time. These …


The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff 2014 University of Colorado Law School

The President And Congress: Separation Of Powers In The United States Of America, Harold H. Bruff

Publications

Although the framers of the Australian Constitution adopted many features of the United States Constitution, they rejected the separation of legislative and executive power in favour of responsible government in a parliamentary system like that of the United Kingdom. In doing so, Australians depended on existing conventions about the nature of responsible government instead of specification of its attributes in constitutional text. The United States Constitution contains detailed provisions about separation of powers, but unwritten conventions have produced some central features of American government. This article reviews conventions developed by Congress that constrain Presidents in the domestic sphere with regard …


Global Experimentalist Governance, Grainne De Burca, Robert O. Keohane, Charles F. Sabel 2014 Columbia Law School

Global Experimentalist Governance, Grainne De Burca, Robert O. Keohane, Charles F. Sabel

Faculty Scholarship

This article outlines the concept of Global Experimentalist Governance (GXG). GXG is an institutionalized transnational process of participatory and multilevel problem solving, in which particular problems, and the means of addressing them, are framed in an open-ended way, and subjected to periodic revision by various forms of peer review in light of locally generated knowledge. GXG differs from other forms of international organization and transnational governance, and is emerging in various issue areas. The Montreal Protocol on ozone-depleting substances is used to illustrate how GXG functions. The conditions for the emergence of GXG are specified, as well as some of …


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