Liquid Assets: A Coasian Economic Analysis Of Oregon's Allocation Of Conserved Water Program,
2013
Lewis & Clark Law School
Liquid Assets: A Coasian Economic Analysis Of Oregon's Allocation Of Conserved Water Program, Richard A. Grisel
Richard A Grisel
Diversions for residential, agricultural, recreational, commercial, industrial, and other beneficial uses have had the effect of removing water from rivers and tributaries throughout the western U.S. Another, more recent, competing use is ecological, demonstrated by the legal recognition of instream beneficial uses in some jurisdictions. As awareness of the progressively acute need for reallocation has increased in the arid West, so has interest in water markets and other mechanisms to facilitate transfers across beneficial uses. However, governments and water users face a legacy prior appropriation system that prohibits instream beneficial uses, encourages maximal diversion, stifles water right fungibility, and generally …
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor,
2013
Pepperdine University
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope
Journal of the National Association of Administrative Law Judiciary
The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA and …
Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18,
2013
Nevada Law Journal
Summary Of Holcomb Condo. Hoa V. Stewart Venture, 129 Nev. Adv. Op. No. 18, Drew Wheaton
Nevada Supreme Court Summaries
The Court considered whether statutory limitation periods for constructional defects may be contractually modified by parties to residential unit purchase agreements. The Court examined if the district court’s dismissal of Holcomb Condominium Homeowners’ Association’s (HCHA) negligence-based claims was proper under NRS 116.4116. The Court also analyzed if a contractual reduction of the six-year limitations period of a warranty claim, as found within an arbitration agreement attached to and incorporated by a purchase contract, satisfied the “separate instrument” requirement of NRS 116.4116. Lastly, the Court looked at whether the district court erred in denying HCHA’s repeated requests to amend its complaint.
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce,
2013
Singapore Management University
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik
Eliza Mik
The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. The technological characteristics of the Internet have a tendency to turn traditional legal doctrines on their head, or, at least expose flaws in existing legal arguments. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity. The latter must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence …
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution,
2013
Law School, Pace University
Online Certificate Program For International Commercial Law And International Alternative Dispute Resolution, Vikki Rogers
Cornerstone 3 Reports : Interdisciplinary Informatics
No abstract provided.
Remedies: A Guide For The Perplexed,
2013
Washington and Lee University School of Law
Remedies: A Guide For The Perplexed, Doug Rendleman
Scholarly Articles
Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?,
2013
University of Nottingham, U.K.
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.
The Expansion Of Trademark Rights In Europe,
2013
BPP Law School, U.K.
The Expansion Of Trademark Rights In Europe, Irina Pak
IP Theory
No abstract provided.
Goodwill U: School Name Change & Trademark Law,
2013
University of New Hampshire, Concord
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing,
2013
George Washington University, Washington D.C.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!,
2013
Steptoe & Johnson PLLC
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
Sex Matters: Considering Gender In Consumer Contracts,
2013
University of Missouri School of Law
Sex Matters: Considering Gender In Consumer Contracts, Amy J. Schmitz
Faculty Publications
We hear about the so-called “War on Women” and persisting salary gaps between men and women in the popular media, but contracts scholars and policymakers rarely discuss gender. Instead, dominant voices in the contracts field often reflect classical and economics-driven theories built on assumptions of gender neutral and economically rational actors. Furthermore, many mistakenly assume that market competition and antidiscrimination legislation address any improper biases in contracting. This Article therefore aims to shed light on gender’s importance by distilling data from my own e-survey of Colorado consumers along with others’ research regarding gender differences in contract outcomes, interests and behaviors. …
Transparency, Independence And Diversity: Does The United States Have It Better?-A Comparative Analysis Of The Process Of Appointment Of Judges To The Supreme Court In The United States And India.,
2013
NALSAR University of Law
Transparency, Independence And Diversity: Does The United States Have It Better?-A Comparative Analysis Of The Process Of Appointment Of Judges To The Supreme Court In The United States And India., Varun Vaish
Varun Vaish
The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases.This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where …
Testimony Before The U.S. Commission On Civil Rights, Briefing On Peaceful Coexistence: Reconciling Non-Discrimination Principles With Civil Liberties,
2013
Pepperdine University
Testimony Before The U.S. Commission On Civil Rights, Briefing On Peaceful Coexistence: Reconciling Non-Discrimination Principles With Civil Liberties, Michael A. Helfand
Michael A Helfand
No abstract provided.
Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York,
2013
Pace University
Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York, David F. Eisenberg
Pace Law Review
In opposition to New York’s current prohibition on surrogate parenting contracts, this paper will focus on explaining why, despite its controversial nature, New York should amend its existing law and permit the enforceability of such contracts. Here, common myths surrounding surrogacy will be debunked, arguments made to support the practice of surrogacy will be justified, and an alternative to the current statute will be offered. This alternative statute will propose legislation in a way that can protect New York’s social policy interests while still permitting the enforceability of surrogate parenting contracts.
Who Wants To Watch? A Comment On The New International Paradigm Of Financial Consumer Market Regulation,
2013
Seattle University School of Law
Who Wants To Watch? A Comment On The New International Paradigm Of Financial Consumer Market Regulation, Toni Williams
Seattle University Law Review
This Article explores the capacity of the G20’s model of financial consumer protection to reconfigure relationships between financial firms and consumers, focusing in particular on the market conduct of financial firms. Although this Article does not focus directly on Adolf A. Berle’s work, it does engage with some of his enduring concerns about economic relations between corporations, regulators, and individuals; the socialcontext of those economic relations; and the role of law and legal regulation in shaping market relations. More specifically, this Article considers new international regulatory principles related to corporate social responsibility— a recurring theme of Berle’s work11—in the somewhat …
Dinner Parties During “Lost Decades”: On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy,
2013
Seattle University School of Law
Dinner Parties During “Lost Decades”: On The Difficulties Of Rethinking Financial Markets, Fostering Elite Consensus, And Renewing Political Economy, David A. Westbrook
Seattle University Law Review
This Article addresses two groups of problems that ought to be understood in relation to one another. This Article has three movements. In Part II, I discuss conceptual obstacles to forming the new elite consensus that rethinking the role of financial markets requires. To produce policy reform, it is not enough to have new ideas; the ideas must be understood, adopted, and acted upon by people. Policy reform is thus always a function of conversations. In Part III, I discuss some possible ways the elite consensus might be formed. In Part V, the conclusion, I offer a preliminary assessment of …
On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet),
2013
Seattle University School of Law
On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn A. Stout
Seattle University Law Review
In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted to approve …
Rebalancing Private Placement Regulation,
2013
Seattle University School of Law
Rebalancing Private Placement Regulation, William K. Sjostrom, Jr.
Seattle University Law Review
Regulating securities offerings entails balancing investor protection and capital formation. Inevitably, this balance gets upset. As financial markets evolve, Congress passes new legislation, the Securities and Exchange Commission (SEC) adopts new rules, and the courts issue unanticipated opinions. These events upset the balance because they happen in an uncoordinated and haphazard manner and oftentimes produce unintended consequences.The Article proceeds as follows. To set the stage, Part II provides background on the Securities Act and describes the differences between public offerings and private placements. Part III explains why rebalancing private placement regulation may be warranted. Part IV offers proposed statutory language …
Equity Derivatives And The Challenge For Berle’S Conception Of Corporate Accountability,
2013
Seattle University School of Law
Equity Derivatives And The Challenge For Berle’S Conception Of Corporate Accountability, Janis Sarra
Seattle University Law Review
With the proliferation of equity derivatives and related structured financial products, the North American conception of corporate governance faces a new and distinct challenge to its underlying premises.This Article analyzes these developments with a focus on the implications for director and officer accountability and corporate sustainability, using the occasion of the third symposium of the Adolf A. Berle, Jr. Center on Corporations, Law & Society to consider whether Berle’s analysis of corporate accountability offers any insights into how to address the uncoupling of economic interest and legal rights in corporate governance. Part II of this Article sets the context for …
