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Articles 1 - 30 of 100
Full-Text Articles in Law
Securitisation Special Purpose Vehicles In Ireland: Regulatory Nature And Central Bank Of Ireland Supervision, Matteo Zambelli
Securitisation Special Purpose Vehicles In Ireland: Regulatory Nature And Central Bank Of Ireland Supervision, Matteo Zambelli
Journal of International Business and Law
No abstract provided.
Nash Bargaining Solution And Its Generalizations In Intellectual Property Litigation: Virnetx And An Analysis Of The Court's Decision, Rajeev R. Bhattacharya
Nash Bargaining Solution And Its Generalizations In Intellectual Property Litigation: Virnetx And An Analysis Of The Court's Decision, Rajeev R. Bhattacharya
Journal of International Business and Law
I explain the Nash Bargaining Solution and its generalizations. I discuss their pros and cons in the context of intellectual property litigation. I then provide a description and analysis of the Court's decision in VirnetX from this perspective.
In Greece: A Human Rights Warzone Demands Expansion Of The International Criminal Court, Kyriaki Christodoulou
In Greece: A Human Rights Warzone Demands Expansion Of The International Criminal Court, Kyriaki Christodoulou
Journal of International Business and Law
No abstract provided.
Making Directed Trusts Work: The Uniform Directed Trust Act, John D. Morley, Robert H. Sitkoff
Making Directed Trusts Work: The Uniform Directed Trust Act, John D. Morley, Robert H. Sitkoff
ACTEC Law Journal
Directed trusts have become a familiar feature of trust practice in spite of considerable legal uncertainty about them. Fortunately, the Uniform Law Commission has just finished work on the Uniform Directed Trust Act (UDTA), a new uniform law that offers clear solutions to the many legal uncertainties surrounding directed trusts. This article offers an overview of the UDTA, with particular emphasis on four areas of practical innovation. The first is a careful allocation of fiduciary duties. The UDTA’s basic approach is to take the law of trusteeship and attach it to whichever person holds the powers of trusteeship, even if …
Wage War: Arbitration And Class Action Waivers At The Expense Of Wage And Hour Claims, Brittany Cangelosi
Wage War: Arbitration And Class Action Waivers At The Expense Of Wage And Hour Claims, Brittany Cangelosi
Hofstra Law Review
No abstract provided.
The Tax And Practical Aspects Of The Installment Sale To A Spousal Grantor Trust, William R. Culp Jr., Paul M. Hattenhauer, Briani Bennett Mellen
The Tax And Practical Aspects Of The Installment Sale To A Spousal Grantor Trust, William R. Culp Jr., Paul M. Hattenhauer, Briani Bennett Mellen
ACTEC Law Journal
No abstract provided.
Financial And Industrial Investors: It Is Time For An Informal Voice, Monica Cossu
Financial And Industrial Investors: It Is Time For An Informal Voice, Monica Cossu
Journal of International Business and Law
This article begins by distinguishing between financial intermediaries and institutional investors, and providing a taxonomy of the different types of active behaviours starting with the formal, more traditional and widely-known typologies of activism, then redirecting focus to other informal forms of activism, disentangling the "collective" from the "individual" ones. References will be made to American, British, French, German, Italian and Spanish contexts. Some limited remarks will be devoted to identifying the specifics aims and similarities of other international jurisdictions (for example to Icelandic one for its slate voting system for the appointment of directors, which is very similar to the …
The World Trade Organization Should Lyft The Globe Out Of Its Uber Problem, J. B. Bailey
The World Trade Organization Should Lyft The Globe Out Of Its Uber Problem, J. B. Bailey
Journal of International Business and Law
No abstract provided.
Up To Par: Guaranteeing The Right Of Quality Control In The Golf Ball Refurbishment Industry, James Karins
Up To Par: Guaranteeing The Right Of Quality Control In The Golf Ball Refurbishment Industry, James Karins
Journal of International Business and Law
No abstract provided.
Re-Considering Undue Influence In The Digital Era, Jodie Distler
Re-Considering Undue Influence In The Digital Era, Jodie Distler
ACTEC Law Journal
No abstract provided.
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James C. Milton, Katheleen R. Guzman
Decision And Persuasion: Re-Conceiving The Role Of The Planner Where Undue Influence Is Suspected, James C. Milton, Katheleen R. Guzman
ACTEC Law Journal
No abstract provided.
Vice Presidential Inability: Why It Matters And What To Do When It Occurs, Roy E. Brownell Ii
Vice Presidential Inability: Why It Matters And What To Do When It Occurs, Roy E. Brownell Ii
Hofstra Law Review
No abstract provided.
Blockchain Jenga: The Challenges Of Blockchain Discovery And Admissibility Under The Federal Rules, Emily Knight
Blockchain Jenga: The Challenges Of Blockchain Discovery And Admissibility Under The Federal Rules, Emily Knight
Hofstra Law Review
No abstract provided.
Your Personal Health Information May Have Been Compromised: Using Encryption To Prevent Data Breaches On End-User Devices, Nina Patel
Hofstra Law Review
No abstract provided.
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth R. Carter
Are Premarital Agreements Really Unfair?: An Empirical Study, Elizabeth R. Carter
Hofstra Law Review
Are premarital agreements categorically unfair? Critics of premarital agreements cling to the (unfounded) belief that premarital agreements are categorically one-sided, coercive, and designed to benefit the wealthier spouse -- usually the man. Courts, legislators, and scholars have too often relied on assumptions about premarital agreements without delving in to the facts. They have looked almost everywhere to support their views, except for the one place that really matters: the actual agreements. The result, predictably, is a paternalistic system predicated on a near religious belief that women who sign premarital agreements are uneducated, unsophisticated, economically dependent actors who need the state …
Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert
Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert
Hofstra Law Review
This Article examines the potential legal implications under New York consumer protection laws of the growth in the beer industry: specifically, the battle between the craft beer industry and its large corporate competitors over labeling and advertising. This Article proceeds in four Parts: Part II summarizes the growth and consolidation of the craft beer industry; Part III explains federal regulation of beer labeling; Part IV explains New York State's regulation of beer labeling; and Part V examines the application of New York consumer protection laws to the labeling practices of the beer industry. This Article concludes with the determination that …
The Fundamental Right To Technology, Haochen Sun
The Fundamental Right To Technology, Haochen Sun
Hofstra Law Review
Waves of technological progress in recent decades have tremendously improved quality of life. Meanwhile, concerns about technology-driven injustices, such as unfair distribution of wealth and racial discrimination, have deepened. Experts have cautioned that new technologies could have potentially devastating effects, claiming for instance that artificial intelligence may lead to World War III. We are at a crossroads, and how we harness technology now will determine the future of humanity.
This Article presents a thought experiment, proposing that a new fundamental right to technology be recognized under the U.S. Constitution. Given that technology is of fundamental importance to human dignity and …
Alternative Dispute Resolution And The Uniform Trust Code -- Colorado's Approach, Darla L. Daniel
Alternative Dispute Resolution And The Uniform Trust Code -- Colorado's Approach, Darla L. Daniel
ACTEC Law Journal
No abstract provided.
Just Say No: Reasons States Have Not Adopted The Utc, Robert Barton
Just Say No: Reasons States Have Not Adopted The Utc, Robert Barton
ACTEC Law Journal
No abstract provided.
Who Is A Qualified Beneficiary?, John P. Edgar
Who Is A Qualified Beneficiary?, John P. Edgar
ACTEC Law Journal
No abstract provided.
A Powerful Tool: Modification Or Termination Of A Noncharitable Irrevocable Trust By Consent Under Section 411(A) Of The Uniform Trust Code, Maureen L. O'Leary
A Powerful Tool: Modification Or Termination Of A Noncharitable Irrevocable Trust By Consent Under Section 411(A) Of The Uniform Trust Code, Maureen L. O'Leary
ACTEC Law Journal
No abstract provided.
Beyond Utc Section 808 And The Uniform Directed Trust Act, Wayne E. Reames
Beyond Utc Section 808 And The Uniform Directed Trust Act, Wayne E. Reames
ACTEC Law Journal
No abstract provided.
Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day
Revisiting Masterpiece Cakeshop - Free Speech And The First Amendment: Can Political Correctness Be Compelled, Terri R. Day
Hofstra Law Review
This Article questions whether religious objectors, who refuse to provide their services in facilitating a same-sex marriage, are discriminating on the basis of sexual orientation or refusing to adopt a politically correct, albeit legal, view of marriage. If the latter, then, compelling political correctness can have a boomerang effect, creating more LGBTQ discrimination. Given this administration's strong support for religious freedom and two new conservative justices on the Supreme Court, a legislative religious exemption in public accommodation laws may be safer for LGBTQ rights than risking a Supreme Court ruling constitutionally enshrining a religious right to discriminate.
After the Introduction …
Prevention Not Punishment: Child Victims Of Sex Trafficking Must Be Treated Not Detained, Juliana Spano
Prevention Not Punishment: Child Victims Of Sex Trafficking Must Be Treated Not Detained, Juliana Spano
Hofstra Law Review
No abstract provided.