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2008

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Limitations In The Regulation Of Unfair Marketing Practices In Hong Kong, Stefan Lo Jan 2008

Limitations In The Regulation Of Unfair Marketing Practices In Hong Kong, Stefan Lo

Journal of International Business and Law

No abstract provided.


The Foreign Corrupt Practices Act And Its Application To U.S. Business Operations In China, Eric M. Pedersen Jan 2008

The Foreign Corrupt Practices Act And Its Application To U.S. Business Operations In China, Eric M. Pedersen

Journal of International Business and Law

No abstract provided.


End Matter Jan 2008

End Matter

Journal of International Business and Law

No abstract provided.


To Legislate Or To Arbitrate: An Analysis Of U.S. Foreign Investment Policy After Finsa And The Benefits Of International Arbitration, Brian J. Farrar Jan 2008

To Legislate Or To Arbitrate: An Analysis Of U.S. Foreign Investment Policy After Finsa And The Benefits Of International Arbitration, Brian J. Farrar

Journal of International Business and Law

No abstract provided.


Vietnam's Decree On Microfinance: A Flawed Attempt To Create An Enabling Legal Environment For Microfinance, Elin M. King Jan 2008

Vietnam's Decree On Microfinance: A Flawed Attempt To Create An Enabling Legal Environment For Microfinance, Elin M. King

Washington International Law Journal

Despite its increasing as a development tool microfinance still faces significant barriers in reaching the poorest of the poor. Microfinance programs often respond well to short-term needs but are not designed to handle the long-term struggles faced by lending institutions. To resolve these problems, many in the microfinance field have begun to tout the concept of creating “enabling” legal and regulatory frameworks. Such an enabling environment would ideally eliminate unreasonable barriers to entry into the field, encourage innovation, and reinforce industry best practices. An enabling regulatory scheme could also increase legal certainty, encourage more investors to enter the field and …


Women's Land Rights In Rural China: Transforming Existing Laws Into A Source Of Property Rights, H. Ray Liaw Jan 2008

Women's Land Rights In Rural China: Transforming Existing Laws Into A Source Of Property Rights, H. Ray Liaw

Washington International Law Journal

In the aftermath of legal reforms designed to secure land tenure for farmers, women in rural China lost rights to land at marriage, divorce, and widowhood. Despite a central legal framework that facially protects women’s property interests, ambiguity in the property and marriage laws have allowed village leaders to reassert traditional social norms and deny constitutional equal rights guarantees for women. Recent attempts to ameliorate landlessness for women, specifically in the Rural Contract Law and the Property Law, offer little promise of providing a significant solution for rural women. New proposals to mitigate rural women’s loss of land rights must …


Global Networks And International Environmental Lawmaking: A Discourse Approach, Asher Alkoby Jan 2008

Global Networks And International Environmental Lawmaking: A Discourse Approach, Asher Alkoby

Chicago Journal of International Law

The Article's discussion begins in Section II by outlining the discourse approach and explaining why it is arguably superior to the alternatives, especially in the global context where preference aggregation is not a viable option. Section III then turns to examine the involvement of ENGO and BINGO networks in the climate debate, demonstrating how patterns of discursive interaction may be observed both within each network and in the ways in which these networks attempt to channel their respective agendas into the institutional deliberation. In Section IV, this Article argues that the proposed conceptual schema is also useful in responding to …


Government Assistance To Entrepreneurships: On Local, State/Provincial, And Federal Levels - Introduction, Gilbert B. Goldberg Jan 2008

Government Assistance To Entrepreneurships: On Local, State/Provincial, And Federal Levels - Introduction, Gilbert B. Goldberg

Canada-United States Law Journal

No abstract provided.


Government Assistance To Entrepreneurships: On Local, State/Provincial, And Federal Levels - Canadian Speaker, John Connell Jan 2008

Government Assistance To Entrepreneurships: On Local, State/Provincial, And Federal Levels - Canadian Speaker, John Connell

Canada-United States Law Journal

No abstract provided.


Private Financing Of Entrepreneurships: Sources Of Private Financing; Guarantees (Required Personal Or Otherwise); When To Go Public (Pros And Cons); Rights Of Financing Parties; Defaults; Capital Formation For Entrepreneurial Ventures; Tax Considerations, David Woolford Jan 2008

Private Financing Of Entrepreneurships: Sources Of Private Financing; Guarantees (Required Personal Or Otherwise); When To Go Public (Pros And Cons); Rights Of Financing Parties; Defaults; Capital Formation For Entrepreneurial Ventures; Tax Considerations, David Woolford

Canada-United States Law Journal

No abstract provided.


Engaging China: Understanding The Challenge And Seizing The Opportunities, Sergio Marchi Jan 2008

Engaging China: Understanding The Challenge And Seizing The Opportunities, Sergio Marchi

Canada-United States Law Journal

No abstract provided.


Conference Introduction And Welcome, Dan Ujczo, Henry T. King Jr. Jan 2008

Conference Introduction And Welcome, Dan Ujczo, Henry T. King Jr.

Canada-United States Law Journal

No abstract provided.


Capitalizing On The Success Of Entrepreneurship: Ipos, Private Sales, Tax Aspects, Residual Interest Of Entrepreneurs After Sales Of Ipos - United States Speaker, Canadian Speaker, Elizabeth Dellinger, Anthony Penhale Jan 2008

Capitalizing On The Success Of Entrepreneurship: Ipos, Private Sales, Tax Aspects, Residual Interest Of Entrepreneurs After Sales Of Ipos - United States Speaker, Canadian Speaker, Elizabeth Dellinger, Anthony Penhale

Canada-United States Law Journal

No abstract provided.


Table Of Contents, Cjil Editors Jan 2008

Table Of Contents, Cjil Editors

Chicago Journal of International Law

No abstract provided.


The Geography Of Climate Change Litigation Part Ii: Narratives Of Massachusetts V Epa, Hari M. Osofsky Jan 2008

The Geography Of Climate Change Litigation Part Ii: Narratives Of Massachusetts V Epa, Hari M. Osofsky

Chicago Journal of International Law

As debates over the appropriate role of climate change litigation in regulatory governance become more intertwined with the ongoing fight over the future of international law, a systematic examination of how it fits into that discourse is critical. This Article attempts to begin that conversation by examining the ways in which geographic assumptions about nation-states influence narratives about how this type of litigation fits into an understanding of international law. Using Massachusetts v EPA as an example, it argues that interrogating those assumptions and their implications allows for clarification of the significance of climate change litigation crucial to making progress …


Ex Aequo Et Bono: Demystifying An Ancient Concept, Leon Trakman Jan 2008

Ex Aequo Et Bono: Demystifying An Ancient Concept, Leon Trakman

Chicago Journal of International Law

This Article argues that the concept has a valuable and emerging significance in modern law. It is ideally suited to resolving disputes between parties who are engaged in complex and long-term relationships or in emerging fields in which the law is either inadequately developed or unsuitable to resolve complex disputes. The Article evaluates the negative conceptualization of ex aequo et bono. It argues against the overly artificial divide between equitable decisions, which accord with law, and ex aequo et bono decisions, which by inference do not. Tracing the evolution of the concept historically through the Medieval Law Merchant to modern …


Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown Jan 2008

Studying China’S International Finance And Policy: A Speech Given At The University Of Richmond School Of Law, William B. Brown

Richmond Journal of Global Law & Business

Chinese international finance may sound to many of you like a daunting subject. It really is not, but I have to admit it’s not quite intuitive. International finance is a lot like accounting; you have to learn the rules. And on top of that, in this case we have to add the never intuitive issue of Chinese policy-making. I didn’t learn anything about these topics in graduate school but rather in my first job as a CIA economist, over thirty years ago. At that time China published no economic data; it was just sort of a black hole in the …


The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry Jan 2008

The Current State Of The Unlawful Internet Gambling Enforcement Act And Recently Adopted Prohibition On Funding Of Unlawful Internet Gambling, Kristina L. Perry

Richmond Journal of Global Law & Business

Afterward


Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk Jan 2008

Can Successful Lawyers Think In Different Languages?: Incorporating Critical Strategies That Support Learning Lawyering Skills For The Practice Of Law In A Global Environment, Katerina P. Lewinbuk

Richmond Journal of Global Law & Business

In response to the globalization of the practice of law, law schools in the United States and other countries that have traditionally been defined as belonging to the common law legal system have opened their doors to international students from different legal systems for whom English is a second language (“ESL students” or “international students”). Many of these programs have evolved without real assessment of the students’ needs and how to meet those needs. After a number of resulting challenges, it became clear that in order to make such programs a success, law professors need to use special methodologies and …


Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson Jan 2008

Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.


Challenges To Enforcing Arbitral Awards Against Foreign States In The United States, Molly Steele, Michael Heinlen Jan 2008

Challenges To Enforcing Arbitral Awards Against Foreign States In The United States, Molly Steele, Michael Heinlen

The International Lawyer

No abstract provided.


Introduction, N. Jansen Calamita Jan 2008

Introduction, N. Jansen Calamita

The International Lawyer

No abstract provided.


International Investment And Development Committee, Walter Stuber, Adriana Maria Gödel Stuber, Marcos Rios, Santiago Montt Rodriguez, Jaime Herrera, Ajit Sharma, Yaphett K. Powell, Pamela Fuller, Jean Paul Chabaneix, Daniel Marín, Mónica Ferrer Jan 2008

International Investment And Development Committee, Walter Stuber, Adriana Maria Gödel Stuber, Marcos Rios, Santiago Montt Rodriguez, Jaime Herrera, Ajit Sharma, Yaphett K. Powell, Pamela Fuller, Jean Paul Chabaneix, Daniel Marín, Mónica Ferrer

The International Lawyer

No abstract provided.


Barriers To Entry: Foreign Direct Investment And The Regulation Of Sovereign Wealth Funds, Justin O'Brien Jan 2008

Barriers To Entry: Foreign Direct Investment And The Regulation Of Sovereign Wealth Funds, Justin O'Brien

The International Lawyer

No abstract provided.


International Securities And Capital Markets, Walter Stuber, Adriana M. Stuber Godel, Jeff Kerbel, Michael E. Burke, Ted Kamman, Raymond Bonci, Hartmut Krause, Pamela A. Fuller, Tim G.A. Alferink, Dariusz Szcześniak, Michal Wochnik, Jean Paul Chabaneix, Carol Shutkever, Attorneys With Allen & Overy Llp, Pedro Urdaneta, Aristoteles Tiniacos Jan 2008

International Securities And Capital Markets, Walter Stuber, Adriana M. Stuber Godel, Jeff Kerbel, Michael E. Burke, Ted Kamman, Raymond Bonci, Hartmut Krause, Pamela A. Fuller, Tim G.A. Alferink, Dariusz Szcześniak, Michal Wochnik, Jean Paul Chabaneix, Carol Shutkever, Attorneys With Allen & Overy Llp, Pedro Urdaneta, Aristoteles Tiniacos

The International Lawyer

No abstract provided.


The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu Jan 2008

The Meaning Of Share Ownership And The Governance Role Of Shareholder Activism In The United Kingdom, Iris H-Y Chiu

Richmond Journal of Global Law & Business

No abstract provided.


Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman Jan 2008

Undocumented Workers In The United States: Legal, Political, And Social Effects, Rachel Feltman

Richmond Journal of Global Law & Business

Immigration law is a hotly contested topic these days. Not only does it have important implications in numerous legal fields, including labor law and tort law, but it also has social, political, and economic effects that ripple throughout our society. Immigrants, especially those who remain undocumented, have the potential to affect the lives of people in almost every walk of life, from politicians to entrepreneurs, and even to teenagers seeking their first jobs. After analyzing the legal impact of current legislation on the field of labor law, it becomes apparent that the employment of undocumented aliens does not have the …


To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff Jan 2008

To Capitalize On A Burgeoning Market? Issues To Consider Before Doing Business In The Middle East, Lisa Middlekauff

Richmond Journal of Global Law & Business

Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment. This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …


Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii Jan 2008

Outsourcing Of Legal Services: A Brief Survey Of The Practice And The Minimal Impact Of Protectionist Legislation, Lee A. Patterson Iii

Richmond Journal of Global Law & Business

Despite instability in certain parts of the region, the Middle East has emerged as an attractive market for foreign investment.’ This comes at an opportune time for many Middle Eastern countries that are seeking to diversify away from the oil industry and state owned enterprises. Further, the prevalence of young, educated Middle Easterners represents a ready supply of labor for companies seeking to open subsidiaries or branches in the region. Given these assets, many foreign companies are looking at investing in the Middle East as a way to diversify their portfolio and hopefully capture a piece of the market before …


Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova Jan 2008

Solving The Problem Of Tax-Treaty Shopping Through The Use Of Limitation On Benefits Provisions, Anna A. Kornikova

Richmond Journal of Global Law & Business

No abstract provided.