Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, 2015 Selected Works
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge
Mark Edwin Burge
The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …
El Objeto Del Negocio Jurídico En Una Reciente Sentencia En Casación: Notas Sobre Un Confuso Concepto., 2015 Universidad Nacional Mayor de San Marcos
El Objeto Del Negocio Jurídico En Una Reciente Sentencia En Casación: Notas Sobre Un Confuso Concepto., Fort Ninamancco Córdova
Fort Ninamancco Cordova
No abstract provided.
Shari'ah Law As National Security Threat?, 2015 The University of Akron
Shari'ah Law As National Security Threat?, Cyra Akila Choudhury
Akron Law Review
The Article proceeds in three parts: in Part II, the Article describes three anti-shari’ah measures. It describes Oklahoma’s Save Our State amendment to show how these laws target Islam. It also reviews the recent decision by the Tenth Circuit Court of Appeals affirming the grant of a preliminary injunction against the certification of Oklahoma’s constitutional amendment. It then describes Arizona’s law that targets shari’ah as well as other legal traditions. It also examines the original version of the Tennessee bill to illustrate the motivations behind the revised, watered down version that was eventually passed by the legislature. Part II concludes …
The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, 2015 Jilin University
The Multi-Angle Perspective On The Doctrine Of The Most Significant Relationship In The Practice Of The Private International Law In China, Hong Yun Tian, Jia Yi Geng
Jiayi Geng
Abstract Today as communications between countries are becoming more and more frequently, no one can be an outsider but have to start dealing with civil and commercial cases with foreign elements and there is no exception ofChina, an emerging economic superpower. The doctrine of the most significant relationship, one of the two cornerstones of the modern private international law, has been playing an important role in resolving disputes took place in China, especially after the promulgation of the Law of the People’s Republic of China on Application of Laws in Foreign-related Civil Relations(Law) and the Interpretation of the Supreme People's …
An Approach To The Regulation Of Spanish Banking Foundations, 2015 Universidad Pontificia de Comillas
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, 2015 Tulane University of Louisiana
Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont
Rick Beaumont
No abstract provided.
Defining The Wingspan Of The Migratory Bird Treaty Act, 2015 The University of Akron
Defining The Wingspan Of The Migratory Bird Treaty Act, Ashley R. Fiest
Akron Law Review
This Comment will focus on the widely different interpretations, applications, and enforcement of the MBTA and the consequences that will result if a concrete solution is not implemented soon. Part II will discuss the background, historically and legislatively, that led to the enactment of the MBTA and its current implementation. Part III will discuss the current conflict within the courts regarding how the MBTA is to be applied. In discussing this conflict, this section looks at the particular reasoning behind two of the most recent decisions on this issue and what led each of the courts to different interpretations. Part …
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), 2015 The John Marshall Law School, Chicago
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill
Timothy P. O'Neill
No abstract provided.
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, 2015 Pace University
Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze
Pace International Law Review
In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).
Chapter IV, by analyzing the travaux, determines the primary purpose of the …
Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, 2015 University of Georgia School of Law
Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
The Traditional View Of Public Policy And Ordre Public In Private International Law, 2015 University of Georgia School of Law
The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, 2015 University of Georgia School of Law
Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, 2015 Columbia Law School
Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis
Georgia Journal of International & Comparative Law
No abstract provided.
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, 2015 American University Washington College of Law
Two Conflicting Filing Periods For A Constructive Discharge Claim: Which One Is A Better Measure?, Aditi Kumar
Aditi Kumar
Constructive discharge is a long-standing phenomenon. The doctrine emerged in the 1930s in the context of alleged unfair labor practices under the National Labor Relations Act (NLRA). Constructive discharge occurs when the working conditions are so intolerable that a reasonable employee feels that she no choice but to quit her job. The Supreme Court brought the discussion of constructive discharge to light in Pennsylvania State Police v. Suders[1] where it discussed this principle in a hostile work environment context. Over the years, there has been much debate over the time period when a constructive discharge claim should begin. Since …
Handelsrätt Och Internationell Privat- Och Processrätt, 2015 Lund University, Faculty of Law
Handelsrätt Och Internationell Privat- Och Processrätt, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, 2015 Texas A&M University School of Law
Too Clever By Half: Reflections On Perception, Legitimacy, And Choice Of Law Under Revised Article 1 Of The Uniform Commercial Code, Mark Edwin Burge
William & Mary Business Law Review
The overwhelmingly successful 2001 rewrite of Article 1 of the Uniform Commercial Code was accompanied by an overwhelming failure: proposed section 1-301 on contractual choice of law. As originally sent to the states, section 1-301 would have allowed non-consumer parties to a contract to select a governing law that bore no relation to their transaction. Proponents justifiably contended that such autonomy was consistent with emerging international norms and with the nature of contracts creating voluntary private obligations. Despite such arguments, the original version of section 1-301 was resoundingly rejected, gaining zero adoptions by the states before its withdrawal in 2008. …
Private International Law And The Internet, 2015 Lund University, Faculty of Law
Private International Law And The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
The Conflict Between Forum-Selection Clauses And State Consumer Protection Laws: Why Illinois Got It Right In Jane Doe V. Match.Com, 2015 IIT Chicago-Kent College of Law
The Conflict Between Forum-Selection Clauses And State Consumer Protection Laws: Why Illinois Got It Right In Jane Doe V. Match.Com, Marty Gould
Chicago-Kent Law Review
To what extent can companies “contract out” of state consumer protection statutes through the use of choice of law and forum selection clauses in standard form adhesion contracts? The only court in Illinois to rule on the issue, a state court case dealing with Match.com, held that the Illinois Dating Referral Services Act (IDRSA) voids forum-selection clauses contrary to stated Illinois public policy, as declared by Illinois statutes. Outside of Illinois, however, federal courts have held that the exact same Match.com forum-selection clause was valid and enforceable despite being in direct conflict with similar statutes in other states. These cases …
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, 2015 Kent State University - Kent Campus
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Book Review: Private International Law In English Courts, 2015 University of Missouri School of Law
Book Review: Private International Law In English Courts, S. I. Strong
Faculty Publications
Although debates about cooperation versus competition make for good scholarly fodder, this issue actually has an important practical component, as demonstrated by Professor Adrian Briggs of the University of Oxford in his masterful new book, Private International Law in English Courts. Like all truly superlative texts, Professor Briggs's book is deceptively accessible. The prose is not only elegant and eloquent, it is peppered with the dry wit one would expect from an Oxford don.