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Articles 1 - 23 of 23
Full-Text Articles in Law
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
LLM Theses and Essays
Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.
Strict Liability For Gatekeepers: A Reply To Professor Coffee, Frank Partnoy
Strict Liability For Gatekeepers: A Reply To Professor Coffee, Frank Partnoy
University of San Diego Law and Economics Research Paper Series
This article responds to a proposal by Professor John C. Coffee, Jr. for a modified form of strict liability for gatekeepers. Professor Coffee’s proposal would convert gatekeepers into insurers, but cap their insurance obligations based on a multiple of the highest annual revenues the gatekeepers recently had received from their wrongdoing clients. My proposal, advanced in 2001, would allow gatekeepers to contract for a percentage of issuer damages, after settlement or judgment, subject to a legislatively-imposed floor. This article compares the proposals and concludes that a contractual system based on a percentage of the issuer’s liability would be preferable to …
Section 7: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Small Business And The False Dichotomies Of Contract Law, Larry Garvin
Small Business And The False Dichotomies Of Contract Law, Larry Garvin
The Ohio State University Moritz College of Law Working Paper Series
The article explores the classic consumer- merchant dichotomy from the vantage of small businesses. Using empirical data and the psychology, economics, and management literature, it shows that small businesses, treated like large businesses throughout most of contract and commercial law, in fact behave more like consumers. Small businesses lack the financial strength of large businesses. They generally lack the information gathering ability of large businesses. Finally, they generally are more prey to cognitive errors than are large businesses. As a result, small businesses lose in two ways. When they deal with consumers, they are presumed to have the power, information, …
Between Mandate And Market: Contract Transition In The Shadow Of The International Order, Robert B. Ahdieh
Between Mandate And Market: Contract Transition In The Shadow Of The International Order, Robert B. Ahdieh
Faculty Scholarship
Boilerplate in sovereign debt contracts issued in the United States has long dictated the unanimous consent of bondholders to any debt restructuring. This requirement persisted for decades, notwithstanding wide consensus that such unanimous action provisions increased transaction costs, produced inefficient delays in debt restructuring, enhanced the moral hazards of the sovereign debt market, and otherwise encouraged collective action failures. Yet the sovereign debt markets has recently made an about-face, replacing the unanimity requirement for debt restructuring with a less demanding provision for collective, or majority, action by creditors. Completed over the course of just a few months in 2003, this …
Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris
Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris
All Faculty Scholarship
No abstract provided.
Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale
Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale
Law Faculty Research Publications
No abstract provided.
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …
Can Parties Tell Court What To Do? Expanded Judicial Review Of Arbitral Awards, Margaret L. Moses
Can Parties Tell Court What To Do? Expanded Judicial Review Of Arbitral Awards, Margaret L. Moses
Faculty Publications & Other Works
No abstract provided.
Squeeze-Outs, Freeze-Outs And Discounts: Why Is Illinois In The Minority In Protecting Shareholder Interests?, Charles W. Murdock
Squeeze-Outs, Freeze-Outs And Discounts: Why Is Illinois In The Minority In Protecting Shareholder Interests?, Charles W. Murdock
Faculty Publications & Other Works
No abstract provided.
The Globalization (Americanization?) Of Executive Pay, Randall Thomas, Brian R. Cheffins
The Globalization (Americanization?) Of Executive Pay, Randall Thomas, Brian R. Cheffins
Vanderbilt Law School Faculty Publications
In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive pay practices will globalize in accordance with this pattern. This Article assesses whether such convergence is likely to occur. After surveying briefly the key components of managerial remuneration and after examining the essential elements of the "U.S. pay paradigm," the Article considers market-oriented dynamics that could constitute a "global compensation imperative." These include wider dispersion of share ownership, more cross-border hiring of executives, growing international merger and …
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Summary Of Trustees Of The Plumbers And Pipefitters, Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a district court order granting summary judgment to trustee for bond amount after principal, employer of union workers, failed to pay requisite contributions and filed for bankruptcy.
The Merchandising Right: Fragile Theory Or Fait Accompli?, Stacey Dogan
The Merchandising Right: Fragile Theory Or Fait Accompli?, Stacey Dogan
Faculty Scholarship
Trademark merchandising is big business. One marketing consultant estimated the global market for licensing and marketing sports-related merchandise at $17 billion in 2001. With this much money at stake, it's no surprise that trademark holders demand royalties for use of their marks on shirts, key chains, jewelry, and related consumer products. After all, the value of these products comes largely from the allure of thetrademarks, and it seems only fair to reward the party that created that value . . . doesn't it?
It turns out that the answer is more complicated than this intuitive account would predict. Trademark law …
Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang
Summary Of J.A. Jones Const. Co. V. Lehrer Mcgovern Bovis, Inc., Christina H. Wang
Nevada Supreme Court Summaries
Appeal from a judgment entered pursuant to a jury verdict in an action concerning a construction contract.
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
Of Predatory Lending And The Democratization Of Credit: Preserving The Social Safety Net Of Informality In Small-Loan Transactions, Regina Austin
All Faculty Scholarship
No abstract provided.
Course Of Performance As Evidence Of Intent Or Waiver: A Meaningful Preference For The Latter And Implications For Newly Broadened Use Under Revised U.C.C. Section 1-303, Jack M. Graves
Scholarly Works
No abstract provided.
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 1 Of 2), Keith A. Rowley
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 1 Of 2), Keith A. Rowley
Scholarly Works
This article examines four major differences between Revised Article 1 of the Uniform Commercial Code and Nevada's current (as of 2004) version of Article 1, codified at N.R.S. §§ 104.1101 et seq.
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 2 Of 2), Keith A. Rowley
One For All, But None For (All Of) One: Revised Article 1 Of The Uniform Commercial Code (Part 2 Of 2), Keith A. Rowley
Scholarly Works
Part One of this article examined four major differences between Revised Article 1 of the Uniform Commercial Code and Nevada's current version of Article 1, codified at N.R.S. §§ 104.1101 et seq. Part Two explores how Revised Article I has fared thus far in other states and suggests what the Nevada Legislature should consider when deciding in the upcoming legislative session whether to enact Revised Article I as written, whether to enact it with revisions, or whether not to enact it at all.
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
The Increasing Role Of Empirical Research In Corporate Law Scholarship, Randall Thomas
The Increasing Role Of Empirical Research In Corporate Law Scholarship, Randall Thomas
Vanderbilt Law School Faculty Publications
This is a review of Professor Mark Roe's book, The Political Determinants of Corporate Governance. It seeks to accomplish two goals. First, in Part I, it summarizes the theoretical arguments made in Political Determinants and critiques the empirical support marshaled by Professor Roe in support of them. Then, in Part II, it develops an alternative model that could be used to test jointly Professor Roe's and LLSV's theory about the determinants of corporate governance. Finally, it offers a few concluding remarks about the future of empirical legal scholarship.
Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck
Lessons From A Story Untold: Nike V. Kasky Reconsidered, David C. Vladeck
Georgetown Law Faculty Publications and Other Works
The Supreme Court's recent dismissal, apparently on jurisdictional grounds, of the writ of certiorari it had granted to review Nike, Inc. v. Kasky has brought into sharp focus a number of critiques of the commercial speech doctrine - some new, some longstanding. At issue in Nike were communications Nike made to customers, newspaper editors, college presidents and athletic directors, and others responding to allegations that Nike had engaged in, or was complicit in, the mistreatment of foreign workers. Respondent Marc Kasky contended that Nike's communications contained significant misstatements of fact and thus were actionable under California's unfair competition and false …
Contracting Under Amended 2-207 (Freedom From Contract Symposium), James J. White
Contracting Under Amended 2-207 (Freedom From Contract Symposium), James J. White
Articles
Amended Section 2-207 of the Uniform Commercial Code1 (the Code) states new contract rules. I call these "contract rules" to avoid the labels of contract formation and contract interpretation. These new rules cure many of the problems presented by current Section 2-2072 and remind courts that the purpose of Section 2-207 is to interpret a contract that has been made, not to see if a contract exists. One is tempted to label current Section 2-207 as a contract formation provision-and to some extent that would be right-but most of this Section's work has been in contract interpretation, not in contract …
Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White
Chuck And Steve's Peccadillo (Symposium: Threats To Secured Lending And Asset Securitization), James J. White
Articles
Are investors in securitized receivables to be treated as the owners of an asset whose sale has taken it beyond the reach of the trustee in bankruptcy of their sellers? O are they to be treated as holders of a security interest in the transferred asset who have left behind an interest in the sellers' hands that would cause the asset to be subject to claims and interference by the sellers' grasping trustee? By adopting contrasting-arguably conflicting-statements in two subsections of a single section, the drafters of 1999 Article 9 have thrust this issue in the faces of courts and …