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Commercial Law

2015

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Articles 1 - 30 of 263

Full-Text Articles in Law

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari Dec 2015

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …


The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian Dec 2015

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.


Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler Dec 2015

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.


The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray Dec 2015

The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray

William & Mary Bill of Rights Journal

No abstract provided.


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Dec 2015

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz Dec 2015

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.


The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz Dec 2015

The Finicky Computer, The Paperless Telex And The Fallable Swiss: Bank Technology And The Law, Mark Budnitz

Mark E. Budnitz

No abstract provided.


Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison Dec 2015

Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison

Caren Myers Morrison

No abstract provided.


Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty Dec 2015

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Convocatoria A Junta General: Resolución Nº 018-1999-Orlc/Tr, Abelardo D. Chalán Nov 2015

Convocatoria A Junta General: Resolución Nº 018-1999-Orlc/Tr, Abelardo D. Chalán

Abelardo D. Chalán

No abstract provided.


Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen Nov 2015

Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen

Sylvia B. Caley

With increasing frequency, human organs and tissues are being placed in the stream of commercial transactions to be treated as commodities. The transplant community, the media, and legislative bodies are following this commercial development with intense interest. The following three topics — the commercialization of biotechnology products, the media’s response to transplant activities, and the European Community’s (EC) development of policies and regulations concerning organ and tissue replacement therapy — highlight many of the ethical and legal concerns facing transplant medicine today. Preparation for the challenges of the future begins with honest appraisal and analysis of the evolution of ethical …


Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz Nov 2015

Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz

Mark E. Budnitz

No abstract provided.


External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge Nov 2015

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …


66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar Nov 2015

66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar

Amit Kumar

Global conference to coincide with the Indian Law Day celebrations, INBA is to conduct Annual Conference, titled “66th National Law Day” on November 25th to 26th, 2015 at The Shangri-La’s Eros Hotel, New Delhi. This conference proposes to bring participation from Legal Luminaries, Senior Government Officials, Legal Departments of Fortune 500 companies, International Law Firms, Senior Lawyers, business and Judges across the globe. The main goal of the conference is to provide platform for Legal Community to discuss and deliberate on several important international legal issues. Opportunities: 1. Networking with Peers. 2. Speaking Opportunity. 3. Get Inspired. 4. Meet Key …


State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl Nov 2015

State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl

Seattle University Law Review

The collateral order doctrine is perhaps the most significant exception to the general rule that only final judgments are appealable. The doctrine is particularly important in antitrust litigation when a defendant asserts state action immunity, often referred to as Parker immunity. However, the circuit courts have struggled with the question of whether a denial of Parker immunity is immediately appealable as a collateral order. This unsettled procedural issue is further complicated by the fact that the substantive law on Parker immunity differs depending on the entity asserting state action. This Article argues that a governmental entity that is deemed part …


Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels Nov 2015

Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels

Seattle University Law Review

It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …


Of More Than Usual Interest: The Taxing Problem Of Debt Principal, Charlene D. Luke Nov 2015

Of More Than Usual Interest: The Taxing Problem Of Debt Principal, Charlene D. Luke

Seattle University Law Review

Leverage is an essential but often troubling component of the U.S. market. The financial crisis highlighted the risks and complexity of a leverage web that includes flesh-and-blood people from all walks of life and paper people from all corners of the business and investment world. In the tax area, the potentially problematic incentive effects of interest deductibility have long engaged a wide array of tax commentators and policymakers. While interest deductibility rightly receives widespread scrutiny, a more comprehensive approach to leverage is needed. This Article focuses on the surprisingly complicated tax treatment of cash (and cash equivalent) borrowings. This Article …


Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low Nov 2015

Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low

Research Collection Yong Pung How School Of Law

The law of nuisance is an area which is fraught with difficulties. In Lawrence v Fen Tigers [2014] 2 WLR 433, the UK Supreme Court dealt with several of these issues, in particular the relevance of planning permission and when damages should be granted in lieu of an injunction. This comment examines the decision and its implications.


Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan Oct 2015

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

An organizing principle of the rule of law based on individualism and order is expressed by the Latin maxim nemo dat quod non habet – roughly translated to mean that one can only give what they have or one can only transfer what they own.  Yet when title disputes arise between two or more purchasers, we have accepted pragmatically that exceptions must be made to nemo dat and that, at times, we may have to, in essence, validate fraud and other dirty deeds.  The Article outlines the basic place of the nemo dat principle in our system of law, introduces …


Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall Oct 2015

Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall

St. John's Law Review

(Excerpt)

The purpose of this Article is to examine workers' rights under Islamic law. Companies claiming to be in compliance with the Islamic Shari'ah must look beyond the forms of the transactions and the content of the products they sell. The companies and their Shari'ah advisors must also examine the treatment of the workers employed by the companies. If the workers are not being treated fairly, in accordance with Islamic law, the owners of these companies and their Shari'ah advisors should not claim that the companies and their products are Shari'ah-compliant. As this Article shows, the fair treatment of …


Business And Commercial Litigation In Federal Courts (3d Ed.), Edited By Robert L. Haig, James M. Wicks Oct 2015

Business And Commercial Litigation In Federal Courts (3d Ed.), Edited By Robert L. Haig, James M. Wicks

St. John's Law Review

(Excerpt)

The BCL is comprehensive, up-to-date, and very user-friendly. The practice aids, strategic considerations, checklists, and forms all make this set of books a "must-have" for every business litigator who is or will be going to federal court. Even as law libraries seem to be moving toward cutting book subscriptions, if one were to subscribe to only a single set of practice-based books, this should be it.


Payment Systems, Consumer Tragedy, And Ineffective Remedies, Marc L. Roark Oct 2015

Payment Systems, Consumer Tragedy, And Ineffective Remedies, Marc L. Roark

St. John's Law Review

(Excerpt)

This Article engages how those social considerations interact with commercial contracting principles and payments policies to recommend an over-arching narrative of fairness. At the core is the desire to create balance amongst the competing interests, while recognizing the role that risk and access should play in defining the legal remedies available to consumers. To do so, the Article attempts to understand the competing interests represented by different constituents of SVPs, including consumers and merchants. In particular, the Article attempts to tell a story of two different types of consumers. The first is one whom we might not care much …


Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai Oct 2015

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …


Right To Cure Under The Unidroit Principles Article 7.1.4: A Historical Analysis, Gakuro Himeno Oct 2015

Right To Cure Under The Unidroit Principles Article 7.1.4: A Historical Analysis, Gakuro Himeno

Gakuro HIMENO

Riht to cure under Unidroit 7.1.4 has three sources: a) Nachtrag, b) mise en demeure and Nachfrist and c) right to cure under Uniform Commercial Code 2-508. When the UCC Committee, Section of Business law, the ABA reviewed what will become the Unidroit Principles, they found a counterpart to their own right to cure in it: Nachfrist. Then drafting a new provision upon cure was commissioned to Richard Hyland, a US professor. While this provision, rare case where Unidroit and PECL disagrees (8. 104), has long been under criticism especially by the European drafters, met with a DCFR provision that …


Trending @ Rwu Law: Dean Yelnosky's Post: Santoro Lecture And Golf Tournament Bookend Alumni Weekend, Roger Williams University School Of Law Oct 2015

Trending @ Rwu Law: Dean Yelnosky's Post: Santoro Lecture And Golf Tournament Bookend Alumni Weekend, Roger Williams University School Of Law

Law School Blogs

No abstract provided.


Transplanting Contractual Terms: The Influence Of The Common Law In The Civil Law Of Contracts, A View From The Periphery, Dario Laguado Oct 2015

Transplanting Contractual Terms: The Influence Of The Common Law In The Civil Law Of Contracts, A View From The Periphery, Dario Laguado

Dario Laguado

This paper suggests a model of contractual innovation that takes into account the bottom-up transplant of legal devices from the core to the periphery. This model properly weighs the tension and differences between places of production and places of reception and the process of misreading that goes along with the transplant. It serves to explain the innovation that has been produced as a result of the influence of common law contracts in Colombia and South America. Evidence shows that this model can be generally applied to the process of transplantation in many jurisdictions around the world. The main features of …


Commercial And Consumer Transactions: Cases, Text And Materials, Benjamin Geva, Jacob Ziegel Oct 2015

Commercial And Consumer Transactions: Cases, Text And Materials, Benjamin Geva, Jacob Ziegel

Benjamin Geva

Commercial and Consumer Sales Transactions provides a comprehensive overview of Canadian sales law with a focus on the parties’ substantive rights and obligations and how these rights are enforced (or not enforced) in practice, particularly in the consumer area. Topics covered include: Seller’s implied obligations with respect to description, quality, and delivery Transfer of title between owners and non-owners Manufacturer’s liability A range of buyer’s remedies


Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva Oct 2015

Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva

Benjamin Geva

No abstract provided.