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Articles 1 - 30 of 171
Full-Text Articles in Law
Delaware's Global Competitiveness, William J. Moon
Delaware's Global Competitiveness, William J. Moon
Faculty Scholarship
For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.
This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …
Delaware's New Competition, William J. Moon
Delaware's New Competition, William J. Moon
Faculty Scholarship
According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.
This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Maryland Law Review
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law …
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Maryland Law Review
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …
How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti
How Informed Is Sovereign Consent To Investor-State Arbitration?, David N. Cinotti
Maryland Journal of International Law
No abstract provided.
Treaty Law And Legal Transition Costs, Michael P. Van Alstine
Treaty Law And Legal Transition Costs, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Analisis De La Convencion De Las Naciones Unidas: Sobre Los Contratos De Compraventa Internacional De Mercaderias Y Su Trascendencia Para America Latina, Michael P. Van Alstine
Analisis De La Convencion De Las Naciones Unidas: Sobre Los Contratos De Compraventa Internacional De Mercaderias Y Su Trascendencia Para America Latina, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine
Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Sawing Off The Third Branch: Precluding Judicial Review Of Anti-Dumping And Countervailing Duty Assessments Under Free Trade Agreements, Barbara Bucholtz
Sawing Off The Third Branch: Precluding Judicial Review Of Anti-Dumping And Countervailing Duty Assessments Under Free Trade Agreements, Barbara Bucholtz
Maryland Journal of International Law
No abstract provided.
The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty
The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty
Maryland Journal of International Law
No abstract provided.
The 1989 Us-Republic Of China (Taiwan) Fisheries Negotiations, Mark Mon-Chang Hsieh
The 1989 Us-Republic Of China (Taiwan) Fisheries Negotiations, Mark Mon-Chang Hsieh
Maryland Series in Contemporary Asian Studies
No abstract provided.
Legal Aspects Of East-West German Relations, Bruno Simma
Legal Aspects Of East-West German Relations, Bruno Simma
Maryland Journal of International Law
No abstract provided.
Implications Of The 1983 Regional Administrative Radio Conference On Direct Broadcast Satellite Services: A Building Block For Warc-85, Daphne D. Duverney
Implications Of The 1983 Regional Administrative Radio Conference On Direct Broadcast Satellite Services: A Building Block For Warc-85, Daphne D. Duverney
Maryland Journal of International Law
No abstract provided.
Annotated Bibliography: Delimitation Of Exclusive Economic Zone Boundaries Between Opposite And Adjacent States And The Gulf Of Maine Dispute, Nora T. Terres
Annotated Bibliography: Delimitation Of Exclusive Economic Zone Boundaries Between Opposite And Adjacent States And The Gulf Of Maine Dispute, Nora T. Terres
Maryland Journal of International Law
No abstract provided.
The United States/Canada Gulf Of Maine Maritime Boundary Delimitation, Nora T. Terres
The United States/Canada Gulf Of Maine Maritime Boundary Delimitation, Nora T. Terres
Maryland Journal of International Law
No abstract provided.
Some Problems Concerning The Application Of The Maritime Boundary Delimitation Provisions Of The 1982 United Nations Convention On The Law Of The Sea Between Adjacent Or Opposite States, Hungdah Chiu
Maryland Journal of International Law
No abstract provided.
The Problem Of Post-Hearing Delay In Maritime Arbitrations: "When Did You Say We Would Receive The Arbitrators' Award?', Robert M. Jarvis
The Problem Of Post-Hearing Delay In Maritime Arbitrations: "When Did You Say We Would Receive The Arbitrators' Award?', Robert M. Jarvis
Maryland Journal of International Law
No abstract provided.
Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor
Foreign Sales Corporations: Cause For Deja Vu?, E. William Pastor
Maryland Journal of International Law
No abstract provided.
The New Law Of The Sea: Selected And Edited Papers Of The Athens Colloquium On The Law Of The Sea, September 1982, Edited By Christos L. Rozakis And Constantine A. Stephanou, Martin Ira Glassner
The New Law Of The Sea: Selected And Edited Papers Of The Athens Colloquium On The Law Of The Sea, September 1982, Edited By Christos L. Rozakis And Constantine A. Stephanou, Martin Ira Glassner
Maryland Journal of International Law
No abstract provided.
Protective Orders And Exclusion Of Corporate Counsel From Access To Confidential Information, Joel R. Junker
Protective Orders And Exclusion Of Corporate Counsel From Access To Confidential Information, Joel R. Junker
Maryland Journal of International Law
No abstract provided.
The Unctad Liner Code: United States Maritime Policy At The Crossroads, By Lawrence Juda, Bernard M. Collins
The Unctad Liner Code: United States Maritime Policy At The Crossroads, By Lawrence Juda, Bernard M. Collins
Maryland Journal of International Law
No abstract provided.
The Gatt-Mtn System And The European Community As International Frameworks For The Regulation Of Economic Activity: The Removal Of Barriers To Trade In Government Procurement, Mark L. Jones
Maryland Journal of International Law
No abstract provided.
An Escape For The Escape Clause Veto?, Mira Davidovski
An Escape For The Escape Clause Veto?, Mira Davidovski
Maryland Journal of International Law
No abstract provided.
Dresser Industries: The Failure Of Foreign Policy Trade Controls Under The Export Administration Act, Arthur E. Appleton
Dresser Industries: The Failure Of Foreign Policy Trade Controls Under The Export Administration Act, Arthur E. Appleton
Maryland Journal of International Law
No abstract provided.
The Euro-Siberian Gas Pipeline Dispute - A Compelling Case For The Adoption Of Jurisdictional Codes Of Conduct, Patrizio Merciai
The Euro-Siberian Gas Pipeline Dispute - A Compelling Case For The Adoption Of Jurisdictional Codes Of Conduct, Patrizio Merciai
Maryland Journal of International Law
No abstract provided.
Soviet Reaction To The U.S. Pipeline Embargo: The Impact On Future Soviet Economic Relations With The West, Marshall L. Brown Jr.
Soviet Reaction To The U.S. Pipeline Embargo: The Impact On Future Soviet Economic Relations With The West, Marshall L. Brown Jr.
Maryland Journal of International Law
No abstract provided.
Legal Aspects Of Offshore Banking In Taiwan, Ya-Huei Chen
Legal Aspects Of Offshore Banking In Taiwan, Ya-Huei Chen
Maryland Journal of International Law
No abstract provided.
Legal Aspects Of Selling And Buying, By Phillip F. Zeidman, Louis R. Baker
Legal Aspects Of Selling And Buying, By Phillip F. Zeidman, Louis R. Baker
Maryland Journal of International Law
No abstract provided.
The Common Fund For Commodities, C. F. Amerasinghe
The Common Fund For Commodities, C. F. Amerasinghe
Maryland Journal of International Law
No abstract provided.
Legal Developments In Us-Roc Trade Since Derecognition, David L. Simon
Legal Developments In Us-Roc Trade Since Derecognition, David L. Simon
Maryland Journal of International Law
No abstract provided.