Law Commons^™

Rethinking The Civil Protection Of Patients From Misleading Pharmaceutical Marketing Under Saudi Law, Muflih Saud Almughyirah

Maurer Theses and Dissertations

The effect of pharmaceutical marketing on individuals is a universal concern. It can influence patients' health and wealth. Patients, as well as their prescribing medical doctors, have been targeted by such marketing through different means. Many patients are unaware of their position as the most vulnerable party in this context and how these promotional strategies affect their physicians' decisions. When pharmaceutical marketing includes false, misleading, or otherwise negligent statements, patients become potential victims. This research addresses patients' civil protection from misleading pharmaceutical marketing under Saudi law. The study addresses four crucial aspects of patient protection: (i) ex-ante government regulations, (ii) …

Standard Licensing Template For University Of Akron Startups, Drew Horton

Williams Honors College, Honors Research Projects

In order to facilitate fast, equitable, and effective sublicensing to University of Akron technology startups, spinoffs, and spinouts, an express license was developed. This expresses license was developed by benchmarking existing terms in order to determine market rates. Universities, venture capital firms, and nonprofits were interviewed in order to establish a set of best practice guidelines for the creation of the express license. These results were then tabulated and statistically analyzed in order to determine a series of startup friendly terms that support the University of Akron’s interests. A series of express licenses were then developed from this data. These …

Foreign Judgments And Foreign Arbitral Awards Enforceability As A Factor And A Guarantee For Foreign Investments: The Case Of Saudi Arabia, Mohammed Rashed Mohammed Arhama Alshamsi

Maurer Theses and Dissertations

Foreign investments are considered an efficient and effective instrument to diversify and strengthen the economy; foreign investors generally need guarantees before entering a new market. One of these guarantees is a stable, transparent, predictable legal and judicial system. Such a system must be open to foreign laws and judgments as well as foreign arbitral awards, and it must also be flexible to increase foreign investments. Saudi Arabia has tried since the 50s’ to be more attractive to foreign investors and investments by enacting legislation and creating a modern court system to diversify their economy. However, the discretion of Saudi judges …

The Economic Impact Of Cyberattacks In The United States, Habibullah Asadi

Student Theses

In recent years, the global economy has been beset by cyber-attacks. These events disrupt business and governmental operations, large and small, and include broad-horizon attacks on infrastructure and pointed network takeovers. The attacks can include malicious online activities directed at stealing financial and intellectual property or, manipulating, destroying, and denying access to critical information. Despite increased awareness of these challenges, the victimization of private and public networks continues, and the economic impacts mount daily. This research will present the economic impact of cyberattacks on United States businesses and governmental agencies.

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …

The "Law To Use The Mark The Delpaís," Act 195-2016: Case Study Of A Puerto Rican Certification Mark With Potential Of Becoming A Geographic Indication For Economic Development, Paola Gabriela Zaragoza Cardenales

Maurer Theses and Dissertations

In 2016, the Puerto Rican Congress codified the “Law for the use of the DelPaís Mark” (the DelPaís Law), creating a composite certification mark called Productos DelPaís de Puerto Rico (the DelPaís Mark) for raw fruits, milk, honey, meats, egg, fish, ornamental plants, spices, vegetables, starches, and value-added products. The Puerto Rican Department of Agriculture intended the DelPaís Mark to function as a certification mark and Geographical Indication (GI) to differentiate local from imported products to promote purchasing of locally produced items and eventually export internationally. A GI is a source identifier identifying that a place makes a particular product …

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address …

Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah

LLM Theses

Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

Developing A Corporate Insolvency Framework For Nigeria., Chioma Ezinne Adiele

Master of Laws Research Papers Repository

An important indicator of a country’s economic strength is the resilience of its businesses, as evidenced by their ability to survive insolvency, reorganize, and return to profitability. Before a rescue process is commenced, it is important to determine the viability of the company to avoid deferred liquidations. When a viable corporation is insolvent, the going concern of the company should be preserved because the corporation is worth more to its creditors alive than dead. When a corporation is not viable, the swift sale of the assets as a going concern has the same purpose of rescuing the business to maximize …

La Importancia De La Evidencia En La Revisoría Fiscal: Documentación Probatoria, Lizeth Angélica Reyes Sepúlveda, Geraldine Rojas Marín

Contaduría Pública

El objetivo de este artículo, es mostrar la necesidad e importancia de la documentación probatoria que soporta la opinión y las conclusiones del revisor fiscal, teniendo en cuenta la evidencia recopilada durante la auditoría la cual debe ser válida y suficiente para lograr seguridad razonable en el dictamen a los estados financieros. Adicionalmente, se reconoció la normatividad Colombiana que aplica a los revisores fiscales con sus diferentes responsabilidades, también las prácticas frente a la documentación probatoria, esclareciendo las implicaciones legales y jurídicas del revisor fiscal al no soportar apropiadamente el dictamen de los estados financieros. También se exponen los diferentes …

Efectos Frente A La Aplicación Niif En Cooperativas De Transporte De Carga Y Pasajeros En Colombia Al Año 2017, David Guillermo Flórez Ávila, Luis Antonio Suarez Sanabria

Contaduría Pública

El presente artículo tiene como objeto analizar los efectos de la aplicación de las NIIF en las cooperativas de transporte de carga y pasajeros en Colombia, con el fin de comprender estos cambios es necesario contextualizar ¿Qué son las cooperativas de transporte de carga y pasajeros en Colombia?, puesto que desde el año 2015 en Colombia se implementaron las normas internacionales de información financiera, las cuales se fueron aplicando a las empresas según la normatividad y la clasificación de las mismas; de igual forma es importante caracterizar y examinar las normas contables aplicables al patrimonio de las cooperativas de transporte …

It’S Garfield’S World, We Just Live In It: An Exploration Of Garfield The Cat As Icon, Money Maker, And Beast, Iris B. Engel

Senior Projects Fall 2019

No newspaper comic character enjoys a larger international audience than Garfield. While newspaper comics have been infiltrating the homes of readers in the United States since the 1880s, Garfield has made more of an impact than any other. Brought into existence by Jim Davis in Muncie, Indiana in 1978, Garfield has now gone world-wide. Breaking Guinness world records for most syndicated newspaper comic strip, Garfield has made over 800 million dollars in comic sales alone, making it the largest grossing newspaper comic strip to date. Recognized globally, Garfield is an international icon. Despite these laudations, there has never been an …

Auditoría De Gestión En La Revisoría Fiscal, Andrés Camilo Vélez Acosta

Contaduría Pública

La Auditoría de Gestión representa un instrumento llamado a apoyar la gerencia estratégica en las organizaciones, mediante el suministro de herramientas que permiten medir y dar un juicio objetivo sobre el desempeño de las compañías, a fin de que éstas puedan lograr la consecución de sus metas. En el ámbito contable, este tema es causa de conflictos entre quienes conciben a la Auditoría de Gestión como una herramienta inherente al ejercicio de la Revisoría Fiscal y quienes están en desacuerdo con tal afirmación. Este artículo reflexiona respecto ambas posturas, pasando por una breve descripción de la Auditoría de Gestión, sus …

Análisis Narrativo Del Plan Nacional De Desarrollo 2002-2018 Y Su Influencia En La Consolidación Del Modelo Extractivista En Colombia, Sergio Benavides Reyes, Andrés Julián Gutiérrez Gómez

Economía

Con la política de desarrollo de los últimos 16 años se ha promovido el extractivismo en Colombia con efectos económicos, sociales y ambientales perversos. Por lo tanto, mediante un análisis narrativo de política pública se pretende realizar tres pasos, el primero consiste en develar la línea discursiva de la versión oficial del “desarrollo” como narrativa dominante, como segundo paso se investigaron las narrativas que da voz a las propuestas y alternativas que surgen desde los movimientos subalternos de resistencia, y como tercer y último paso se generó una metarrativa en la cual se contrastan la narrativa dominante y la no …

Designing A Robust Tax System For Nigeria: Lessons From An International Perspective, Olukemi Tawoju

LLM Theses

This thesis argues that Nigeria can adapt its tax system for better gain from investment and other taxation. It outlines the foundation for a good tax policy, and explores initiatives by the Organisation for Economic Co-operation and Development (OECD and the United Nations (UN) regarding harmful tax practices and tax incentives. Their recommendations and those of scholars, conclude that tax incentives are ineffective in attracting foreign direct investment, may result in taxpayer abuse, and erode the revenue base of capital importing countries like Nigeria. Utilizing internationally accepted features on effective tax incentive design, examining the operation of the Nigerian tax …

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017, …

The Application Of The United Nations Convention On Contracts For The International Sale Of Goods Uniformity Interpretation Principle In U.S., Yuqing Nie

Maurer Theses and Dissertations

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.

The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG …

Exploring Banks' Duty Of Care Towards Non-Customers In U.C.C. Article 3 & 4, Anis A. Houssein

Maurer Theses and Dissertations

This Thesis analyzes the bank transaction regarding cashing or accepting for deposit instruments over forged or unauthorized indorsements. Also, it investigates the development of conversion of instruments through the years and the courts’ contribution to the development. It examines the U.C.C. former section 3-419 and the courts’ reaction to the defense afforded to banks against an allegation of conversion and examines as well the current 3-420 and the reasons that led to the amendment. Besides all that, this Thesis discusses the banks’ defenses regarding Impostors and Fictitious Payees under § 3-404, Employer’s responsibility for fraudulent indorsement by his employee under …

Research On Mortgage Of Ocean-Going Vessel Under Construction, Peng Xiao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Study On The Legal Issues Concerning The Mortgage Of Ships Under Construction, Ziyi Ge

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Research On Standard Of Reasonable General Average Act, Yanfeng Li

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Real Estate Investment Trusts In Canada, Samita Pachai

Electronic Thesis and Dissertation Repository

The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination …

The Bill Of Lading In An Era Of Electronic Commerce: Legal Developments And The Reform Options For Nigeria, Kenneth Ugwuokpe

LLM Theses

One of the pervasive effects of the advancement in information and communication technology is a radical shift in the means of conducting business transactions. With the digitalization of the global economy, business transactions are increasingly conducted in an electronic medium. The bill of lading, as the most important ocean transport document, has, in response to the needs of the times, passed through many phases of development to its present electronic nature. The problem however, is adapting the challenges of electronic commerce to the old contractual legal order. For the bill of lading, the challenge is the replication of all its …

Research On The Carrier’S Seaworthiness Obligation In Rotterdam Rules And The Influence On The China Maritime Code, Qiong Huang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Relationships Between Registration, Delivery And Transfer Of Ship Ownership, Guixin Chen

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Swot Analysis Of The Authorization Of Chinese Ship Recycling Yards, Faming Sun

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita

Theses and Dissertations

International Commercial Arbitration is quickly becoming the method of choice for dispute resolution by States and corporations around the globe. This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar (hereafter, also “Qatar”) as a case study. It will study the rise and development of International Commercial Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates (UAE), and Egypt. These States have been emerging as regional powers in attracting International Commercial Arbitration in the Middle …

Arbitrability And Public Policy In Regard To The Recognition And Enforcement Of Arbitral Award In International Arbitration : The United States, Europe, Africa, Middle East And Asia, Veena Anusornsena

Theses and Dissertations

Party autonomy in international arbitration is the most compelling reason for the contracting parties to enter into arbitration agreement, rather than opting for litigation. However, arbitration functionalities may be hindered by several factors, one of which is 'arbitrability and public policy'. The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides arbitrability and public policy as the grounds for refusing the recognition and enforcement of foreign arbitral award for signatory states, thus allowing national courts to use their own discretion when determining the scope of these two issues.

Public policy is a concept that is …

The Individual Mandate, Commerce Clause, And Supreme Court: Predicting The Court's Ruling In Hhs V. Florida, Nicholas Medling

CMC Senior Theses

An analysis of the evolution of the Commerce Clause, the Justices on the Supreme Court, and the arguments presented in this case indicate that the minimum coverage provision of the Patient Protection and Affordable Care Act will be struck down. Although the Court will likely be split 5 to 4 along ideological lines, each of the justices will have a unique rationale behind their decision. Chief Justice Roberts, Justice Scalia, and Justice Kennedy were heavily targeted by both parties’ oral and written arguments because there was speculation that any one of these traditionally conservative justices could be the fifth vote …