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Full-Text Articles in Law

The Illegal-Settlements Myth, David Phillips Nov 2009

The Illegal-Settlements Myth, David Phillips

David M. Phillips

No abstract provided.


What Bankers Need To Know About Articles 3 And 4 Of The Ucc, Ingrid Hillinger Nov 2009

What Bankers Need To Know About Articles 3 And 4 Of The Ucc, Ingrid Hillinger

Ingrid Michelsen Hillinger

Lectured bankers for 3 hours on key concepts and legal rules governing checks and the check collection process


Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano Nov 2009

Sobre Homogeneidad Y Delimitación De La Clase En Las Acciones Colectivas De Consumidores. (Critica A Un Fallo)., Gabriel Martinez Medrano

Gabriel Martinez Medrano

La presente nota critica la solución adoptada por el Juez de Primera Instancia en la acción colectiva PADEC PREVENCION ASESORAMIENTO Y DEFENSA DEL CONSUM. C/ CITIBANK N.A. S/ SUMARISIMO, sentencia de fecha 8 de octubre de 2009, por la cual se rechazó una acción colectiva pretendida por una asociación de consumidores, utilizándose como argumento para el rechazo del caso la falta de delimitación de la clase representada y la consecuente falta de homogeneidad en el reclamo de los miembros de la clase.


Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello Oct 2009

Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello

Juliet M Moringiello

No abstract provided.


La Modernidad Con Medio Siglo De Retraso, Daniel Echaiz Moreno Oct 2009

La Modernidad Con Medio Siglo De Retraso, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.


A Framework For Automatic Sla Creation, Halina Kaminski, Mark Perry Oct 2009

A Framework For Automatic Sla Creation, Halina Kaminski, Mark Perry

Mark Perry

Negotiation is fundamental to business. Increased automation of business to business or business to customer interaction is demanding efficient but flexible systems that can manage the negotiation process with minimal direct human intervention. Industries that provide online services rely on Service Level Agreements as the basis for their contractual relationship. Here we look at a means for generating these with a negotiating tool (SLA Negotiation Manager) that complies with e-negotiation rules and creates the agreements from existing business objectives.


Panelist, The International Network For Tax Research And The American Journal Of Comparative, Conference On "Comparative Tax Law: Theory And Practice, Hugh Ault Sep 2009

Panelist, The International Network For Tax Research And The American Journal Of Comparative, Conference On "Comparative Tax Law: Theory And Practice, Hugh Ault

Hugh J. Ault

No abstract provided.


Award Presentation: 63rd International Fiscal Association Annual Meeting, Hugh Ault Aug 2009

Award Presentation: 63rd International Fiscal Association Annual Meeting, Hugh Ault

Hugh J. Ault

No abstract provided.


Protect Our Children, Jenny Meyen, Donna M. Hughes Dr. Aug 2009

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

There is something very disturbing about a business that advertises they are for “men and children” and evidence exists that this business has sexual acts occurring in the same building. That business is Gateway Barber and they advertise that they do haircuts, but that is not the only thing they do. According to the internet they are known as Salon 657 and described as offering erotic services. Gateway Barber is located on West Main Road in between two family restaurants. By all appearances one would assume that this is a “family business”. 


Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr. Aug 2009

Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The parking lot was overflowing for the Middletown Town Council meeting on Monday evening. Dozens of citizens, including local business owners and parents, were there to express their concern about the presence of spa-brothels in the community and the loss of a children-centered business as a result.


Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows Jul 2009

Uniform Commercial Code Survey, Sales, Jennifer S. Martin, Robyn L. Meadows

Robyn L Meadows

No abstract provided.


Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey Jun 2009

Digital Divide Older People And Online Legal Advice, Subhajit Basu, Joe Duffy, Helen Davey

Subhajit Basu

Many older people are not aware where and when advice is available. Furthermore they may be unaware that advice is needed


Panelist, Confederation Of Swedish Enterprise, Tax Aspects Of Tradable Emissions Permits, Hugh Ault May 2009

Panelist, Confederation Of Swedish Enterprise, Tax Aspects Of Tradable Emissions Permits, Hugh Ault

Hugh J. Ault

No abstract provided.


2008 Oecd Model: The New Arbitration Provision, Hugh Ault Apr 2009

2008 Oecd Model: The New Arbitration Provision, Hugh Ault

Hugh J. Ault

New Art. 25(5), added to Art. 25 (Mutual agreement procedure) of the OECD Model as part of the 2008 Update, provides for the mandatory arbitration of unresolved issues arising in the course of a mutual agreement procedure. This article first examines the various factors that led to the adoption of Art. 25(5) and the stages of its development by the OECD. The article then discusses some technical aspects of the new arbitration provision, including the Sample Mutual Agreement setting out some procedural rules, which is attached as an Annex to Art. 25.


Digital Ethics In Bridging Digital Divide, Subhajit Basu Apr 2009

Digital Ethics In Bridging Digital Divide, Subhajit Basu

Subhajit Basu

Our information society is creating parallel systems: one for those with income, education and literacy connections, giving plentiful information at low cost and high speed: the other are those without connections, blocked by high barriers of time, cost and uncertainty and dependent upon outdated information. Hence it can be expressed the DD is nothing but a reflection of social divide. The question is what is the best strategy to construct an information society that is ethically sound? Most people have the views that ICT and underlying ideologies are neutral. This Technology has become so much naturalized that it can no …


Prenda De Títulos Valores, Carlos Molina Sandoval Apr 2009

Prenda De Títulos Valores, Carlos Molina Sandoval

Carlos Molina Sandoval

La prenda de títulos cambiarios está expresamente permitida por el ordenamiento legal argentino, pero en la dinámica diaria de los negocios suele no ser tan común como el endoso común. El presente analiza los distintos aspectos de la prenda de títulos valores (también llamado endoso en garantía).


Session Chair, Oecd Advisory Group For Co-Operation With Non-Oecd Countries, Hugh Ault Mar 2009

Session Chair, Oecd Advisory Group For Co-Operation With Non-Oecd Countries, Hugh Ault

Hugh J. Ault

No abstract provided.


Panelist, Frankfurt International Arbitration Center: Tax Meets Arbitration, Hugh Ault Feb 2009

Panelist, Frankfurt International Arbitration Center: Tax Meets Arbitration, Hugh Ault

Hugh J. Ault

No abstract provided.


Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby Dec 2008

Empirical And Policy Perspectives On Consumer Bankruptcy Law In The United States (In Endeudamiento Del Consumidor E Insolvencia Familiar), Melissa Jacoby

Melissa B. Jacoby

This chapter, published in Spanish, offers new empirical data from the U.S. on consumer bankruptcy filers from the 2007 Consumer Bankruptcy Project, an evaluation of the two-chapter bankruptcy system, and proposals for structural reform.


Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault Dec 2008

Reflections On The Role Of The Oecd In Developing International Tax Norms, Hugh Ault

Hugh J. Ault

On September 8–9, 2008, the Organisation for Economic Cooperation and Development (“OECD”) held a Special Conference commemorating the 50th Anniversary of the OECD Model Tax Convention (“Model Convention” or “Model”). The Conference was attended by over 650 participants from the private sector and the government, representing over 100 countries. Both the level of participation and the geographical diversity represented at the conference would seem concrete evidence of the perceived importance of the role of the OECD in developing international tax norms. In his remarks opening the conference, the OECD Secretary General noted that the success of the OECD Model was …


Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan Dec 2008

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.


Contracts: Essay And Multiple Choice Questions And Answers. (Editor), Bruce Price Dec 2008

Contracts: Essay And Multiple Choice Questions And Answers. (Editor), Bruce Price

Bruce M Price

No abstract provided.


Bankruptcy Reform And The Financial Crisis, Melissa Jacoby Dec 2008

Bankruptcy Reform And The Financial Crisis, Melissa Jacoby

Melissa B. Jacoby

No abstract provided.


Our Mini-Theme: O Canada, Juliet Moringiello Dec 2008

Our Mini-Theme: O Canada, Juliet Moringiello

Juliet M Moringiello

No abstract provided.


The Debt Financing Of Parenthood, Melissa B. Jacoby Dec 2008

The Debt Financing Of Parenthood, Melissa B. Jacoby

Melissa B. Jacoby

In this contribution to the symposium Show Me the Money: Making Markets in Forbidden Exchange, I explore an under-appreciated participant in the assisted reproduction and adoption industries: consumer lenders. Through fertility clinics and other service providers, financial institutions market and distribute loans specifically to finance acquisition of treatments, drugs, and human eggs. Adoption foundations and agencies advertise for-profit loans to intended parents, while small foundations offer adoption loans that appear to be low-cost financially but may condition loan approval on intended parent characteristics such as religious observance, marital status, sexual orientation, and adherence to traditional gender roles. After discussing how …


Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby Dec 2008

Home Mortgage Problems Through The Lens Of Bankruptcy, Melissa B. Jacoby

Melissa B. Jacoby

Based on a lecture at a predatory lending conference at Loyola University New Orleans School of Law, this brief paper discusses the 2007 Consumer Bankruptcy Project and how the empirical study of bankruptcy law informs our understanding of the intersection of mortgages and homeownership with financial distress, and whether bankruptcy can provide meaningful redress.


Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar Dec 2008

Cyber Crimes And Effectiveness Of Laws In India To Control Them, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Of The World Trade Court's Burden, Sungjoon Cho Dec 2008

Of The World Trade Court's Burden, Sungjoon Cho

Sungjoon Cho

No abstract provided.


The Attributes Of Transactions And The Limits Of The New Formalism, Adam B. Badawi Dec 2008

The Attributes Of Transactions And The Limits Of The New Formalism, Adam B. Badawi

Adam B. Badawi

A recent movement in contracts scholarship—the so-called New Formalism—seeks to justify limitations on the introduction of extrinsic evidence to interpret contracts on the instrumental grounds of efficiency and empirical observation. Less attention has been directed at the development of a similar instrumental argument for the more contextual types of interpretation observed in the Uniform Commercial Code and the Restatement (Second) of Contracts. This Article engages this question by arguing that the relative ability of transactors to draft complete contracts is likely to be an important determinant of their preferred interpretive regime. Where low contracting costs allow commercial parties to draft …


Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall Dec 2008

Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian M. Mccall

Brian M McCall

Since I first accepted an invitation to join this symposium, the subprime mortgage crisis has exploded into a systemic financial crisis. Analysis and pundits alike seem on a quest to outdo each other in using dramatic phrases to describe its historic proportions. The causes of a crisis so large must have a multiplicity of causes lying in the realms of bank regulation and supervision, the operation and regulation of the securitization market and the derivatives and insurance markets. Yet, the root and spark of the various financial reverberations initiated in the home mortgage finance market. My presentation will focus on …