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Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford 2009 Columbia Law School / University of British Columbia Faculty of Law

Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford

Cristie L. Ford

This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the ...


Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds 2009 University of Maryland School of Law

Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds

William L. Reynolds

This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.


Leveraged Buyout Bankruptcies, The Problem Of Hindsight Bias, And The Credit Default Swap Solution, Michael Simkovic, Benjamin Kaminetzky 2009 Seton Hall University School of Law

Leveraged Buyout Bankruptcies, The Problem Of Hindsight Bias, And The Credit Default Swap Solution, Michael Simkovic, Benjamin Kaminetzky

Michael N Simkovic

No abstract provided.


The Death Of Suspicion, Fabio Arcila, Jr. 2009 Touro College

The Death Of Suspicion, Fabio Arcila, Jr.

Fabio Arcila Jr.

This article argues that neither the presumptive warrant requirement nor the presumptive suspicion requirement are correct. Though representative of the common law, they do not reflect the totality of our historic experience, which includes civil search practices. More importantly, modern developments - such as urban life and technological advancements, the rise of the regulatory state, and security concerns post-9/11 - have sufficiently changed circumstances so that these rules are not just unworkable now, they are demonstrably wrong. Worst of all, adhering to them has prevented us from formulating a more coherent Fourth Amendment jurisprudence. A new paradigm confronts us, in which ...


Notas Para Una Historia Procesal De La Casación En México, Alejandro Escobedo Rojas, Juan Salazar Andreu 2009 Universidad Popular Autonoma del Estado de Puebla

Notas Para Una Historia Procesal De La Casación En México, Alejandro Escobedo Rojas, Juan Salazar Andreu

Alejandro G Escobedo Rojas

No abstract provided.


The Analytic Protocol For The Duty Of Loyalty Under The Prototype Llc Act, Thomas Geu, Thomas Rutledge 2009 University of South Dakota School of Law

The Analytic Protocol For The Duty Of Loyalty Under The Prototype Llc Act, Thomas Geu, Thomas Rutledge

Thomas E. Geu

No abstract provided.


Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse 2009 Lund University

Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


El Abuso Del Derecho De Propiedad, Jose Nina 2009 Major National University of San Marcos,Dean of the Americas.

El Abuso Del Derecho De Propiedad, Jose Nina

Jose R. Nina Cuentas

La afectación a la propiedad y la disminución del valor económico del inmueble configura abuso de derecho: ¿No es necesaria la existencia de mala fe o dolo? Comentarios a la Sentencia CAS. Nº 3536-2007 (AREQUIPA; El Peruano, 03/08/09).


Fixing Ram Copies, Aaron Perzanowski 2009 Case Western Reserve University

Fixing Ram Copies, Aaron Perzanowski

Aaron K. Perzanowski

Scholars, litigants, and courts have debated the status of so-called “RAM copies” - instantiations of copyrighted works in the random access memory of computing devices - for decades. The Second Circuit’s decision in Cartoon Network v. CSC Holdings has recently reignited the controversy over these putative copies. There the court held that CSC did not create copies within the meaning of the Copyright Act when it buffered fleeting segments of television programs. In many respects, the Second Circuit’s holding is a straightforward application of the Act’s nested definitions of “copies” and “fixed.” But because the court declined to apply ...


Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael Marriott 2009 University of California - Davis

Potential For Future Growth Of The International Criminal Court: Possible Expansion Toward Universal Jurisdiction, Michael Marriott

Michael K Marriott

Having an intact legal system to prosecute serious criminal offenses is a luxury taken for granted in many parts of the developed world. While comprehensive domestic legal systems are preferable to the far more complex international legal system, an unfortunate reality of the contemporary world is that where many of the most shocking and large-scale violent crimes take place, there is no domestic legal system to speak of. The International Criminal Court was created to meet the need of prosecuting these offenses. Limited in its jurisdiction on a variety of levels, the ICC nevertheless has on its current docket the ...


Is Law Unbounded? Property Rights And Control Of Social Groupings, Amnon Lehavi 2009 Interdisciplinary Center (IDC) Herzliya

Is Law Unbounded? Property Rights And Control Of Social Groupings, Amnon Lehavi

Amnon Lehavi

This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in today's metropolitan areas through a property rights regime of "alienable entitlements," as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames the model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad-based social change, which has been at the center of the law and society literature.

The essay asks if legal rules can fully absorb the multiple types of societal effects that influence the nature ...


Tottreten: Eine Kriminalwissenschaftliche Untersuchung, Daniel Heinke 2009 Institut für Polizei- und Sicherheitsforschung, HfÖV Bremen

Tottreten: Eine Kriminalwissenschaftliche Untersuchung, Daniel Heinke

Daniel H Heinke

Interdisciplinary research combining medico-legal, bio-mechanical and criminological aspects of assault through kicks against the victim's head or thorax and the resulting conclusions with regard to the legal question of the perpetrator's possible intent to kill.


Asian Americans And Immigration Reform, Bill Hing 2009 University of San Francisco

Asian Americans And Immigration Reform, Bill Hing

Bill Ong Hing

Asian Americans have a lot to gain from progressive immigration reform. Today, our relatives abroad make up the bulk of those who are on a waiting list that can last almost two decades in some categories. Many young men and women from our communities face deportation even though they have grown up in the United States. Some are subjected to harsh Immigration and Customs Enforcement (ICE) raids and detention policies. Of the estimated twelve million undocumented immigrants in the country, demographers tell us that more than 10 percent are from Asian or Pacific countries. Many undocumented Asian Americans are college ...


To Implement Or Not To Implement: Ship Source Marine Pollution Law In The Baltic Sea Region, Abhinayan Basu Bal 2009 Lund University

To Implement Or Not To Implement: Ship Source Marine Pollution Law In The Baltic Sea Region, Abhinayan Basu Bal

Abhinayan Basu Bal

No abstract provided.


Strict In Theory, But Accommodating In Fact?, Ozan Varol 2009 Lewis & Clark College

Strict In Theory, But Accommodating In Fact?, Ozan Varol

Ozan O. Varol

No abstract provided.


The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice: A View From The United States, Evelyn Brody 2009 Chicago-Kent College of Law

The Board Of Nonprofit Organizations: Puzzling Through The Gaps Between Law And Practice: A View From The United States, Evelyn Brody

Evelyn Brody

No abstract provided.


Svensk Aktiebolagsrätt, Torsten Sandström 2009 Selected Works

Svensk Aktiebolagsrätt, Torsten Sandström

Torsten Sandström

No abstract provided.


The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States, Louis Perez 2009 University of North Carolina at Chapel Hill

The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States, Louis Perez

Deborah M. Weissman

The Cuban revolution of 1959 both challenged U.S. interests and precipitated one of the largest migration to the United States. By the end of the twentieth century, more than one million Cubans, one-tenth of the total population, had emigrated, mostly to the United States. Family relations developed within two phases of specific global contexts, reflecting Cuba's changing international position and the U.S. response. The first occurred after 1960, when Cuba aligned itself with the Soviet bloc in the final decades of the Cold War. The second was after 1990, when Cuba adapted to the global economy in ...


Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak 2009 Hamline University

Lessons From The Field: First Impressions From Second Generation Negotiation Teaching, Kenneth Fox, Manon Schonewille, Esra Çuhadar-Gürkaynak

Kenneth H Fox

In May, 2008, an international group of 50 negotiation scholars and teachers met in Rome, Italy, to launch a four year project to rethink negotiation theory and pedagogy. From its inception, the Rethinking Negotiation Teaching project (NT 2.0 project) has had two primary goals: to significantly advance our understanding of the negotiation process in all its complexity; and to improve how we teach others about negotiation. The first year of this four-year project focused on generating new ideas and approaches to negotiation scholarship and teaching. Some of this scholarship was published in the book Rethinking Negotiation Teaching and some ...


Extraordinary Justice, David Gray 2009 University of Maryland School of Law

Extraordinary Justice, David Gray

David C. Gray

This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice is just a special case of “Ordinary Justice.” Paying special attention to debates about reparations, this article argues that transitional justice is extraordinary, reflecting the source and nature of atrocities perpetrated under an abusive regime, and focused on the challenges and goals that define transitions to democracy. In particular, this Article argues that transitional justice is not profane, preservative, and retrospective, but, rather, Janus-faced, liminal, and transformative. The literature on reparations in transitions is divided between critics who regard reparations as quasi-tort ...


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