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449 full-text articles. Page 1 of 11.

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn 2014 University of Georgia School of Law

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Raymond Sommereyns 2014 University of Georgia School of Law

Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, Raymond Sommereyns

Georgia Journal of International & Comparative Law

No abstract provided.


Panel Ii: Global Attitudes On The Role Of The United Nations In The Maintenance And Restoration Of Peace, Louis B. Sohn 2014 University of Georgia School of Law

Panel Ii: Global Attitudes On The Role Of The United Nations In The Maintenance And Restoration Of Peace, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Comparative Advantage And The United Nations In Situations Of Conflict, Frederic L. Kirgis 2014 University of Georgia School of Law

Comparative Advantage And The United Nations In Situations Of Conflict, Frederic L. Kirgis

Georgia Journal of International & Comparative Law

No abstract provided.


A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi 2014 Seattle University School of Law

A Comprehensive Economic And Legal Analysis Of Tying Arrangements, Guy Sagi

Seattle University Law Review

The law of tying arrangements as it stands does not correspond with modern economic analysis. Therefore, and because tying arrangements are so widely common, the law is expected to change and extensive academic writing is currently attempting to guide its way. In tying arrangements, monopolistic firms coerce consumers to buy additional products or services beyond what they intended to purchase. This pressure can be applied because a consumer in a monopolistic market does not have the alternative to buy the product or service from a competing firm. In the absence of such choice, the monopolistic firm can allegedly force the ...


Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant 2014 NELLCO

Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant

New York University Public Law and Legal Theory Working Papers

Review of the legislative history of the New York Prudent Management of Institutional Funds Act comparing it to the Uniform Prudent Management of Institutional Funds Act and making suggestions for legislative and regulatory amendments and clarifications.


Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle 2014 Pepperdine University

Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle

Pepperdine Dispute Resolution Law Journal

This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.


Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock 2014 University of Georgia School of Law

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey 2014 Seattle University School of Law

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon ...


Global Experimentalist Governance, Gráinne de Búrca, Robert O. Keohane, Charles F. Sabel 2014 NELLCO

Global Experimentalist Governance, Gráinne De Búrca, Robert O. Keohane, Charles F. Sabel

New York University Public Law and Legal Theory Working Papers

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 ...


Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson 2014 SelectedWorks

Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson

Jonathan C. Lipson

This paper uses “institutional analysis”—the study of the relative capacities of markets, courts, and regulators—to make three claims about financial crises.

First, financial crises are increasingly a problem of “regulatory displacement.” Through the ad hoc rescues of 2008 and the Dodd-Frank reforms of 2010, regulators displace market and judicial processes that ordinarily prevent financial distress from becoming financial crises. Because regulators are vulnerable to capture by large financial services firms, however, they cannot address the pathologies that create crises: market concentration and complexity. Indeed, regulators may inadvertently aggravate these conditions through resolution tactics that consolidate firms, and the ...


More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr 2014 BLR

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr

University of Southern California Legal Studies Working Paper Series

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision making, but adding women ...


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2014 BLR

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal 2014 SelectedWorks

Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal

Yugank Goyal

Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.


Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman 2014 SelectedWorks

Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Since 1978, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond.

The NACD has grown from a mere realization of the importance of corporate governance to become the only national membership organization created by and for corporate directors ...


Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon 2014 BLR

Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon

University of Southern California Legal Studies Working Paper Series

Given the pressing societal need to punish criminal behavior and the solemn nature of depriving people of their liberty and even life, one would expect that the accuracy of these fateful determinations would be the paramount goal of the criminal justice process. This article critically examines the system’s low prioritization of the accuracy of the verdicts it produces, and focuses on four key factors that hinder the attainment of accuracy: problems with the reliability of the evidence produced by police investigations, the opacity of criminal investigations, the intensity of the adversarial process, and the muddled understanding of the system ...


Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy 2014 University of Georgia School of Law

Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Georgia Journal of International & Comparative Law

No abstract provided.


Standard Project Alliance Agreements, Chris Slocombe 2014 Bond University

Standard Project Alliance Agreements, Chris Slocombe

Public Infrastructure Bulletin

Alliancing, as a project delivery model, has come a

long way since its beginnings in the North Sea oil &

gas industry, and its subsequent uptake in Australia in

the mid 1990s. Now, almost 20 years after the Wandoo

Alliance, Australia’s first alliance project, alliancing has

created for itself a place in the project delivery model

armoury of most procurers of significant works, both

public and (to a lesser extent) private. Between 2004

and 2009, the total value of alliance projects in the road,

rail and water sectors in New South Wales, Victoria,

Queensland and Western Australia was $32 billion ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Sharing Public Safety Helicopters, Henry H. Perritt Jr. 2014 Chicago-Kent College of Law

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


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