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Recomendaciones Para Una Reforma A La Ley Federal De Competencia Económica, Alejandro Faya Rodriguez 2010 Universidad Iberoamericana - Mexico

Recomendaciones Para Una Reforma A La Ley Federal De Competencia Económica, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Home Is Where The Hq Is: Corporate Citizenship Following The Supreme Court's Decision In Hertz V. Friend, Sean-Patrick Wilson, Keena M. Hausmann, Paul A. Rosenthal 2010 Latham & Watkins LLP

Home Is Where The Hq Is: Corporate Citizenship Following The Supreme Court's Decision In Hertz V. Friend, Sean-Patrick Wilson, Keena M. Hausmann, Paul A. Rosenthal

Sean-Patrick Wilson

On February 23, 2010, the United States Supreme Court released its decision in the case of Hertz Corp. v. Friend, 559 U.S. ___ (2010), no. 08-1107 (“Hertz”). Th Hertz case represents the only time the Supreme Court has addressed the question of where a business’s “principal place of business” is located for purposes of determining diversity jurisdiction. The Court’s ruling is certain to have significant ramifications for American corporations, as it determines when corporations can be sued in federal court (as they might prefer), or in plaintiff-friendly state courts. As the most authoritative case discussing diversity jurisdiction ...


The Obligation Of Prevention And Reduction As An Essential Obligation For State Responsibility For Environmental Damage Caused By Nuclear Activities, Sayed Mohamed Mohamed Zeidan 2010 Faculty of Law, Tilburg University, Netherlands

The Obligation Of Prevention And Reduction As An Essential Obligation For State Responsibility For Environmental Damage Caused By Nuclear Activities, Sayed Mohamed Mohamed Zeidan

Sayed Mohamed Mohamed Zeidan

The aim of this article is to discuss the legal basis of the principle of prevention as customary and general principle of international law and its effectiveness to be the basis for State responsibility to prevent and reduce environmental nuclear damage. The principle of prevention is a fundamental principle in international law for the protection of the environment. According to international law, the State has the right to conduct nuclear activities for peaceful purposes, but this right is not absolute and restricted by the fact that it has not to cause damage to other States and the global environment. The ...


International Law & Politics: The Same Under Another Name?, Ana M. Nacvalovaite 2010 Oxford University, Kellogg College

International Law & Politics: The Same Under Another Name?, Ana M. Nacvalovaite

Ana M Nacvalovaite

ABSTRACT: The Article examines the perceived dichotomy between international law and international politics from a legal perspective. It presents a brief over-view of the sources of international law and shows how and why the perceived legal/political dichotomy has been prevalent in the academic discourse surrounding the sources and nature of international law. Consequences of legal truth as to whether treaty bodies are analogous with political bodies will serve as a practical lens through which to ground the relevance and importance of this topic today. From this, one will be able to establish that such a distinction between a legal ...


From Radical To Practical (And Back Again?): Reparations, Rhetoric, And Revolution, Kaimipono D. Wenger 2010 Thomas Jefferson School of Law

From Radical To Practical (And Back Again?): Reparations, Rhetoric, And Revolution, Kaimipono D. Wenger

Kaimipono D Wenger

The story of reparations advocacy is a story of ideas. This Article discusses some of those ideas. It analyzes the history of slavery reparations advocacy since the Civil War and the role of different rhetorical approaches to reparations. It shows how reparations dialog over time has consisted of two major rhetorical strands: Practical Reparations arguments are those seeking concrete compensation within existing judicial or legislative systems, while Radical Reparations arguments are those that use the idea of reparations as a lens to suggest broad systemic changes to society. Each strand draws on different facets of reparations thought.

Recent court developments ...


Should The Doctrine Of Undisclosed Principal Be Retained?, Ibrahim Sule 2010 Nigerian Law School

Should The Doctrine Of Undisclosed Principal Be Retained?, Ibrahim Sule

Ibrahim Sule

The article investigates whether or not the doctrine of undisclosed agency - one of the most criticized doctrines of agency law should be retained by English Law.


Music Markets And Mythologies, Henry H. Perritt 2010 Chicago-Kent College of Law

Music Markets And Mythologies, Henry H. Perritt

Henry H. Perritt, Jr.

New technologies have started a revolution in the music marketplace. As new business models emerge, major firms in the popular music industry have mounted a campaign on the premise that the world of popular music faces a grave threat from illicit filing sharing. This article makes the case against that campaign. It discusses how new technologies are currently reshaping the marketplace to allow a wider range of new artists, as well as more direct access between musicians and their fans. It also predicts how future demand for popular music will increase due to portability, and ultimately recommends directions for marketplace ...


Implicancias De La Prescripción De La “Accion” De Nulidad Sobre Los Negocios Juridicos Nulos, Alan A. Pasco Arauco 2010 Universidad San Marcos

Implicancias De La Prescripción De La “Accion” De Nulidad Sobre Los Negocios Juridicos Nulos, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer 2010 Texas Wesleyan University

Freedom In A Slave Country: A True Story Of Race, Law, Sex, And Politics, Jason A. Gillmer

Jason A Gillmer

This Article unpacks the rich and textured story of the Ashworths, an obscure yet prosperous free family of color in the antebellum South who owned land, raised cattle, and bought and sold slaves. It is undoubtedly an unusual story; indeed in the history of the times there are surely more prominent names and more famous events. Yet their story reveals a tantalizing world in which—despite legal rules and conventional thinking—life was not so black and white. Drawing on local records rather than canonical cases, and listening to the voices from the community rather than the legislatures, this Article ...


Evaluating Children’S Competency To Testify: Developing A Rational Method To Assess A Young Child’S Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse, Laurie Shanks 2010 Albany Law School

Evaluating Children’S Competency To Testify: Developing A Rational Method To Assess A Young Child’S Capacity To Offer Reliable Testimony In Cases Alleging Child Sex Abuse, Laurie Shanks

Laurie Shanks

There are few crimes which elicit a response as emotionally charged as those involving an allegation of child sexual abuse. Given the paucity of physical and scientific evidence in many cases and the resulting need to rely almost exclusively on the testimony of a very young child, the cases present unique challenges for judges, prosecutors and criminal defense attorneys. While many scholars have addressed the dangers inherent in questioning children, such as creating false memories and improperly influencing testimony, there has been little exploration of the means employed by courts to evaluate a child’s ability to offer reliable testimony ...


Economic Development At The Core Of The International Investment Law Regime, Omar E. Garcia-Bolivar 2010 BG Consulting

Economic Development At The Core Of The International Investment Law Regime, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the preeminence of economic development in international investment law as the intention of the States is taking into account.


Sovereignty V. Investment Protection: Back To Calvo?, Omar E. Garcia-Bolivar 2010 BG Consulting

Sovereignty V. Investment Protection: Back To Calvo?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about the possible return of policies against foreign investment protection.


"Enlightened Shareholder Value": Corporate Governance Beyond The Shareholder-Stakeholder Divide, Virginia E. Ho 2010 Indiana University - Bloomington

"Enlightened Shareholder Value": Corporate Governance Beyond The Shareholder-Stakeholder Divide, Virginia E. Ho

Virginia E Ho

The global financial crisis has led to calls for greater corporate accountability and heightened controls over public corporations. As a result, the past year has seen a marked increase in regulatory initiatives that give shareholders a greater voice in corporate affairs. While debate continues to rage in the academy and beyond over the promise and pitfalls of shareholder empowerment, an important undercurrent in the controversy is the potential impact of "shareholder democracy" on corporate stakeholders.

This Article urges a vision of the corporation and its purpose that transcends the shareholder-stakeholder divide. Under this "enlightened shareholder value" approach, which has been ...


Free To Air? – Legal Protection For Tv Program Formats, Neta-li E. Gottlieb 2010 University of Chicago

Free To Air? – Legal Protection For Tv Program Formats, Neta-Li E. Gottlieb

Neta-li E Gottlieb

Television is only as strong as its programming. The use of program formats has slowly but surely developed into an important component of the television industry. This paper examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. Using an interdisciplinary approach, I look at the characteristics of both the product at hand and the markets it serves to examine possible justification for legal protection. I argue that the use of the term “TV format” is misleading and that a clear separation between the unpublished and published stages of the ...


Free To Air? Legal Protection Of Tv Formats, Neta-li E. Gottlieb 2010 University of Chicago

Free To Air? Legal Protection Of Tv Formats, Neta-Li E. Gottlieb

Neta-li E Gottlieb

Television is only as strong as its programming. The use of program formats has slowly but surely developed into an important component of the television industry. This paper examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. Using an interdisciplinary approach, I look at the characteristics of both the product at hand and the markets it serves to examine possible justification for legal protection. I argue that the use of the term “TV format” is misleading and that a clear separation between the unpublished and published stages of the ...


Free To Air? – Legal Protection For Tv Program Formats, Neta-li E. Gottlieb 2010 University of Chicago

Free To Air? – Legal Protection For Tv Program Formats, Neta-Li E. Gottlieb

Neta-li E Gottlieb

Television is only as strong as its programming. The use of program formats has slowly but surely developed into an important component of the television industry. This paper examines the surprising gap between the constantly growing, multi-billion-dollar trade of program formats and their unclear and contradictory legal treatment. Using an interdisciplinary approach, I look at the characteristics of both the product at hand and the markets it serves to examine possible justification for legal protection. I argue that the use of the term “TV format” is misleading and that a clear separation between the unpublished and published stages of the ...


Hanging In The Balance: Health, Dogma, And The Debate Over Malpractice Reform, Nicholas Kahn-Fogel 2010 University of Arkansas at Little Rock

Hanging In The Balance: Health, Dogma, And The Debate Over Malpractice Reform, Nicholas Kahn-Fogel

Nicholas Kahn-Fogel

No abstract provided.


A Good Time With The Sixth Amendment: The Application Of Apprendi To The Denial Of Good Time Credit, Nicholas J. Xenakis 2010 Stanford University

A Good Time With The Sixth Amendment: The Application Of Apprendi To The Denial Of Good Time Credit, Nicholas J. Xenakis

Nicholas J Xenakis

This Article is about a unique aberration in post-Blakely sentencing jurisprudence. It explains why the Due Process the Sixth Amendment guarantees as articulated in Apprendi v. New Jersey apply to some factual determinations related to the denial of good time credit. At first glance, this is something that should not be. Denials of good time credit are typically evaluated under a ‘some evidence’ standard, and juries normally play no role in such denials since they usually take place post-conviction. Nonetheless, Apprendi does indeed apply to some factual determinations related to the pre-trial behavior of the defendant while incarcerated. In states ...


Is "Best Mode" The Worst? Dueling Arguments, Empirical Analysis, And Recommendations For Reform, Wesley D. Markham 2010 New York University

Is "Best Mode" The Worst? Dueling Arguments, Empirical Analysis, And Recommendations For Reform, Wesley D. Markham

Wesley D Markham

The “best mode” requirement, which mandates that an inventor disclose in her patent application the best way to practice her invention, has become a polarizing force as Congress endeavors to comprehensively revamp U.S. patent law. In this article, I examine the “best mode” requirement through a variety of lenses. In doing so, my ultimate goal is to recommend the ideal course of action for “best mode” reform – to fix “best mode,” if it is indeed broken, or to scuttle it if it is beyond repair. To begin, I set forth and evaluate the arguments advanced by both proponents and ...


Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts 2010 Vanderbilt University

Mitigating The Distributional Impacts Of Climate Change Policy, Tracey M. Roberts

Tracey M Roberts

Under both a cap-and-trade system and a greenhouse gas tax, the government will regulate energy suppliers and distributors, utility companies, and large manufacturers. These parties will bear the statutory incidence of the regulation. However, the financial impacts of regulating greenhouse gas emissions will be borne primarily by consumers. Consumers will bear the economic incidence of the regulation in the form of increased costs of gasoline, electricity, and home heating fuels and in increased consumer prices for all goods manufactured or distributed using fossil fuels. Greenhouse gas regulation will also generate significant revenue. This Article addresses the question of what should ...


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