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Full-Text Articles in Law

Delaware's Global Competitiveness, William J. Moon Jan 2021

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 Jan 2020

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 Apr 2019

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 Nov 2016

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 Jan 2015

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 Jan 2002

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 Nov 1999

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 Jun 1996

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 Jan 1995

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 Jan 1995

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 Jan 1991

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1985

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 Jan 1984

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 Jan 1984

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 Jan 1984

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 Jan 1984

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 Jan 1984

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 Jan 1984

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. Jan 1984

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 Jan 1984

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 Jan 1984

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 Jan 1983

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 Jan 1983

Legal Developments In Us-Roc Trade Since Derecognition, David L. Simon

Maryland Journal of International Law

No abstract provided.