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Maurice A. Deane School of Law at Hofstra University

Journal of International Business and Law

2012

Articles 1 - 18 of 18

Full-Text Articles in Law

The Need For Federal Solutions To Interstate And International Ethics Conflicts: A Case Study In Confidentiality, Jonathan M. Weiss Jan 2012

The Need For Federal Solutions To Interstate And International Ethics Conflicts: A Case Study In Confidentiality, Jonathan M. Weiss

Journal of International Business and Law

Because of the lack of uniformity in the ethics rules of different states and countries, lawyers involved in interstate or international representations often face uncertainty regarding with which state's or country's ethics rules to comply. For example, California's confidentiality rule is extremely broad, only permitting disclosure in rare situations, while New Jersey's contains numerous exceptions. A lawyer involved in a transcontinental transaction may thus face an ethical quandary when deciding whether to disclose confidential information due to the competing obligations imposed by the states involved. Despite decades of debate regarding this subject, the uncertainty for lawyers remains, and the resulting …


Refining The Due-Process Contours Of General Jurisdiction Over Foreign Corporations, Danielle Tarin, Christopher Macchiaroli Jan 2012

Refining The Due-Process Contours Of General Jurisdiction Over Foreign Corporations, Danielle Tarin, Christopher Macchiaroli

Journal of International Business and Law

After two decades of silence, on June 27, 2011, the U.S. Supreme Court issued two decisions refining the contours of personal jurisdiction. While generating much anticipation and speculation, the Supreme Court's decisions offered little insight into the type of conduct that may render a foreign corporation subject to a forum's general personal jurisdiction. In J. McIntyre Machinery v. Nicastro, a divided Supreme Court reversed the exercise of personal jurisdiction by a New Jersey court over a British corporation. Although six Justices concurred in the judgment, no majority opinion was reached. In Goodyear Dunlop Tires Operations v. Brown, the …


Refusals To License Under European Union Competition Law After Microsoft, Mauro Squitieri Jan 2012

Refusals To License Under European Union Competition Law After Microsoft, Mauro Squitieri

Journal of International Business and Law

No abstract provided.


Internalization Of Costs To Corporate Groups: Part-Whole Relationships, Human Rights Norms And The Futility Of The Corporate Veil, Dr. Kiarie Mwaura Jan 2012

Internalization Of Costs To Corporate Groups: Part-Whole Relationships, Human Rights Norms And The Futility Of The Corporate Veil, Dr. Kiarie Mwaura

Journal of International Business and Law

No abstract provided.


The Global City: Globalizing Local Institutions, Mary Pennisi Jan 2012

The Global City: Globalizing Local Institutions, Mary Pennisi

Journal of International Business and Law

As the deterritorialization of the global economy blurred the distinction between the local and international levels, the "global city" has emerged as a salient spatial dimension of the globalized economic order. Many academics and theorists have focused on how external global factors have contributed to the rise of global cities, particularly emphasizing the advantages that particular cities offer the global market and the interplay between those advantages and global forces. This Article explores how those cities gained these advantages, or rather the role of urban governments in strategically planning the futures of their cities as "global." It examines how developments …


The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices, And Expectations In Real Estate Transactions, Celeste M. Hammond, Ilaria Landini Jan 2012

The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices, And Expectations In Real Estate Transactions, Celeste M. Hammond, Ilaria Landini

Journal of International Business and Law

A significant cause of the subprime mortgage crisis in the United States is that borrowers often have a general lack of understanding or actual misunderstanding of their loan obligations and of the default remedies available to their lenders. Nevertheless, they virtually always are bound by the terms of the documents they have signed even though these are usually “form” contracts. Global investors that purchased securitized mortgages on the secondary market suffered serious losses. Global investors purchasing products in American subprime residential mortgages may have assumed, incorrectly, that the more protective consumer laws incorporated for example in the European Union (EU) …


Warning! Read Instructions Before Operating The World's Financial Machinery: The Lords Of Finance Guide To Handling Economic Crises, Kate Klausner Jan 2012

Warning! Read Instructions Before Operating The World's Financial Machinery: The Lords Of Finance Guide To Handling Economic Crises, Kate Klausner

Journal of International Business and Law

No abstract provided.


Isp Liability And Safe Harbor Provisions: Implications Of Evolving International Law For The Approach Set Out In Viacom V. Youtube, Jennifer L. Hanley Jan 2012

Isp Liability And Safe Harbor Provisions: Implications Of Evolving International Law For The Approach Set Out In Viacom V. Youtube, Jennifer L. Hanley

Journal of International Business and Law

No abstract provided.


A Proposal To Prevent Offshoring: An Analysis Of The Latest Anti-Offshoring Proposals, James Emilcar Jan 2012

A Proposal To Prevent Offshoring: An Analysis Of The Latest Anti-Offshoring Proposals, James Emilcar

Journal of International Business and Law

No abstract provided.


Financial Development And Economic Growth: Does Stock Market Openness Matter?, Christina Biedny Jan 2012

Financial Development And Economic Growth: Does Stock Market Openness Matter?, Christina Biedny

Journal of International Business and Law

No abstract provided.


The Counter-Productivity Of Icsid Denunciation And Proposals For Change, Diana Marie Wick Jan 2012

The Counter-Productivity Of Icsid Denunciation And Proposals For Change, Diana Marie Wick

Journal of International Business and Law

No abstract provided.


Revolutions And Expatriates: Social Networking, Ubiquitous Media And The Disintermedia Of The State, Jon M. Garon Jan 2012

Revolutions And Expatriates: Social Networking, Ubiquitous Media And The Disintermedia Of The State, Jon M. Garon

Journal of International Business and Law

This article explores the modern disruption of the state as the territorial control over its citizens and the restructuring of these social structures caused by social media and the unmediated communication of the digital age. Nowhere has this transformation been greater than in the Middle East, a region shaped by arbitrary political expediency and under tremendous popular pressure to redefine itself. But these transformations are not merely the populist uprisings of Tunisia, Egypt, Libya and Syria; they can be seen in economic transformations of Asia and economic harmonizations between Europe and North America. In all political, economic and social spheres, …


A Tale Of Two Cities: Business Trust Listings And Capital Markets In Singapore And Hong Kong, Norman P. Ho Jan 2012

A Tale Of Two Cities: Business Trust Listings And Capital Markets In Singapore And Hong Kong, Norman P. Ho

Journal of International Business and Law

The modern, statutory business trust is an increasingly important business vehicle in both the United States and around the world; it remains, however, woefully understudied. In particular, hardly any comparative legal research on business trusts exists. This Article seeks to fill such a void by providing a comparative analysis of business trusts and business trust listings in Singapore and Hong Kong, two of the world’s most important financial centers and the only two major jurisdictions in the world which have actively opened up their capital markets for business trust listings; this Article is, to my knowledge, the first scholarly investigation …


Current Issues In Financial Regulation, And The Return Of The Political Economy, John Nugee Jan 2012

Current Issues In Financial Regulation, And The Return Of The Political Economy, John Nugee

Journal of International Business and Law

No abstract provided.


Managerial Motivation And Determinants Of Their Performance: A Comparison Of Middle-Level Managers From The United States And Europe, Anil Mathur, Ph.D. Jan 2012

Managerial Motivation And Determinants Of Their Performance: A Comparison Of Middle-Level Managers From The United States And Europe, Anil Mathur, Ph.D.

Journal of International Business and Law

No abstract provided.


Regulating The Regulators: A Solution To Foreign Corrupt Practices Act Woes, Cyavash Nasir Ahmadi Jan 2012

Regulating The Regulators: A Solution To Foreign Corrupt Practices Act Woes, Cyavash Nasir Ahmadi

Journal of International Business and Law

No abstract provided.


Good For The Bottom Line: Incentivizing Private Companies To Join The Global Network Initative, Arielle Joy Albert Jan 2012

Good For The Bottom Line: Incentivizing Private Companies To Join The Global Network Initative, Arielle Joy Albert

Journal of International Business and Law

No abstract provided.


National Marketing Gone Unintentionally Global: Direct-To-Consumer Advertising Of Pharmaceutical Products And The Internet, Jacqueline West Jan 2012

National Marketing Gone Unintentionally Global: Direct-To-Consumer Advertising Of Pharmaceutical Products And The Internet, Jacqueline West

Journal of International Business and Law

No abstract provided.