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Information Technology And The Law - An Overview Of Issues, Ulf Maunsbach 2015 Lund University, Faculty of Law

Information Technology And The Law - An Overview Of Issues, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Full Faith And Conflict Of Law: The Peculiar Legacy Of Legal Federalism, Sheldon D. Pollack 2015 University of Delaware

Full Faith And Conflict Of Law: The Peculiar Legacy Of Legal Federalism, Sheldon D. Pollack

Sheldon D Pollack

The new constitution crafted by the delegates to the Constitutional Convention of 1787 was a major improvement over its predecessor (the ill-fated Articles of Confederation), especially in concentrating greater political authority at the center of the confederation, it imposed a flawed constitutional structure on the new regime based on the same untenable proposition that undermined the national government of the Confederacy—namely, that it was possible to preserve the states as separate “sovereign” political organizations within the political union. In adopting a federal constitutional structure for the new republic (as opposed to a “consolidated” or “unitary” government), the Founders institutionalized ...


Full Faith And Conflict Of Law: The Peculiar Legacy Of Legal Federalism, Sheldon D. Pollack 2015 University of Delaware

Full Faith And Conflict Of Law: The Peculiar Legacy Of Legal Federalism, Sheldon D. Pollack

Sheldon D Pollack

The new constitution crafted by the delegates to the Constitutional Convention of 1787 was a major improvement over its predecessor (the ill-fated Articles of Confederation), especially in concentrating greater political authority at the center of the confederation, it imposed a flawed constitutional structure on the new regime based on the same untenable proposition that undermined the national government of the Confederacy—namely, that it was possible to preserve the states as separate “sovereign” political organizations within the political union. In adopting a federal constitutional structure for the new republic (as opposed to a “consolidated” or “unitary” government), the Founders institutionalized ...


Buying Voice: Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark 2015 Boston University School of Law

Buying Voice: Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark

Nancy J Moore

“Buying Voice: Financial Incentives for Whistleblowing Lawyers”

Kathleen Clark and Nancy J. Moore

Abstract

The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have ...


Choosing The Choice: Distilling And Designating Contract Choice Of Law In Virginia, Jessica Pak 2015 SelectedWorks

Choosing The Choice: Distilling And Designating Contract Choice Of Law In Virginia, Jessica Pak

Jessica Pak

Choice of law[1] has been said to cause more “consternation and confusion among the bench and bar” than any legal subject.[2] Contract interpretation, in turn, has been identified by the great choice of law theorist Joseph Beale as the most confusing issue in the conflict of laws.[3] Unfortunately, the perplexity of this legal topic is paralleled by its practical importance. Choice of law is a matter of paramount concern in any dispute involving more than one jurisdiction, as a court cannot adjudicate a case without first ascertaining which law applies. Particularly in contract cases where the laws ...


The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit 2015 University of Georgia School of Law

The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik 2015 University of Georgia School of Law

European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik

Georgia Journal of International & Comparative Law

No abstract provided.


Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman 2015 Goetz Fitzpatrick LLP / Brooklyn Law School

Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman

Brian Farkas

Commercial arbitration is a creature of contract; the parties are there because they choose to be, either including an arbitration clause in their written agreement or, after a dispute developed, electing to avoid litigation all together. Arbitration also comes with an up-front cost non-existent in litigation: the arbitrators. Taxpayers pay for their state and federal judges, but the parties themselves pay for their arbitrators.

But what happens if one party refuses (or is otherwise unable) to pay the arbitrator? If the arbitrator then refuses to proceed, as is likely, should the dispute revert to court, in derogation of the prior ...


The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 Harvard Law School Affiliates

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

Scholarly Works

From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.

This Article posits that the ...


First Amendment Decisions - 2002 Term, Joel Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz 2014 Touro Law Center

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.


Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack 2014 University of Delaware

Same-Sex Marriage And Conflict Of Law: The “Other” Constitutional Issue, Sheldon D. Pollack

Sheldon D Pollack

A constitutional issue of great significance has confounded our political and legal systems in recent decades. This involves the legal status afforded same-sex marriage. Under longstanding tradition, marriage in all fifty states was restricted to a union of one man and one woman (a “traditional marriage”). But tradition began to erode in the 1990s, gradually giving way to a tacit acceptance of same-sex marriage in various regions of the United States. The result has been several decades of unsettled and conflicting law with respect to the legal status of such unions, with some states recognizing same-sex marriages and others prohibiting ...


The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart 2014 University of Georgia School of Law

The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart

Georgia Journal of International & Comparative Law

No abstract provided.


Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb 2014 University of Georgia School of Law

Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb

Georgia Journal of International & Comparative Law

No abstract provided.


Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce 2014 Supreme Court of the Australian Capital Territory

Two Hundred Years On: A Reexamination Of The Acquisition Of Australia, Nii Lante Wallace-Bruce

Georgia Journal of International & Comparative Law

No abstract provided.


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon 2014 University of Georgia School of Law

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom 2014 University of Georgia School of Law

Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom

Georgia Journal of International & Comparative Law

No abstract provided.


International Law - Enforcement Of International Centre For Settlement Of Investment Disputes Arbitral Awards In The United States - Signatories To The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States Are Not Entitled To Sovereign Immunity With Respect To Enforcement Of Icsid Arbitral Awards, Liberian Eastern Timber Corp. V. Government Of Republic Of Liberia, 650 F. Supp. 73 (S.D.N.Y.1986), Dorothy B. Franzoni 2014 University of Georgia School of Law

International Law - Enforcement Of International Centre For Settlement Of Investment Disputes Arbitral Awards In The United States - Signatories To The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States Are Not Entitled To Sovereign Immunity With Respect To Enforcement Of Icsid Arbitral Awards, Liberian Eastern Timber Corp. V. Government Of Republic Of Liberia, 650 F. Supp. 73 (S.D.N.Y.1986), Dorothy B. Franzoni

Georgia Journal of International & Comparative Law

No abstract provided.


Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn 2014 University of Georgia School of Law

Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


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