Law Commons^™

“The (Cisg) Road Less Travelled”: Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

Antonin I. Pribetic

This case comment discusses two recently released Canadian decisions on the enforceability of arbitration clauses from the perspective of the United Nations Convention on Contracts for the International Sale of Goods 1980 CISG). At first glance, the Supreme Court of Canada's decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the CISG to the overall dispute. Interestingly, the same choice of forum and choice of …

Either Ombudsman Or Consumer Court-Bank Customers Have A Choice!, Gopala Krishna Vavilala, Aparna Meduri

Aparna Meduri

Consumer grievances in banking services originate from the breach of contractual and non-contractual obligations of banks. While consumer courts are empowered to deal with deficiency of service arising out of contractual obligations, Ombudsman is positioned as an additional and distinct redressal forum to deal with both contractual and non-contractual breaches of expected performance by the banks. Most of the non-contractual breaches of expected performance by the banks. Most of the non-contractual obligations of banks are created by the customer service guidelines of the Reserve Bank of India (RBI). This paper attempts to evaluate the relative efficacies of institutional mechanisms of …

Kerala Samsthana Chethu Thozhilali Union Vs. State Of Kerala And Others, Aparna Meduri

Aparna Meduri

No abstract provided.

Silencing Human Rights In The Clash Of Arms? Israel’S Official Policy Of “Targeted Killings”—A Dark Side In Fighting Terrorism, Jackson N. Maogoto

Jackson Nyamuya Maogoto

There is no act to which the law does not apply in as far as it is a matter falling within the purview of the law and the law takes a position as to whether it is permitted or forbidden. Where there are legal norms there are also legal standards to implement the norms. When a democracy fights terrorism the law cannot be presumed to be silent. International human rights law applies equally in war and in peace, and covers all classes of people at all times, and under all circumstances. The wide and sweeping notion of national security should …

Análise Do Instituto Da Fraude À Execução Segundo A Jurisprudência Predominante Do Superior Tribunal De Justiça, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Changes Of Knowledge In Contemporary Chinese Legal Theory(当代中国法学理论学科的知识变迁), Meng Hou

Hou Meng

No abstract provided.

The Economics Of Labor And Employment Law, John Donohue

John Donohue

No abstract provided.

The Discretion Of Judges And Corporate Executives: An Insider’S View Of The Disney Case, John J. Donohue

John Donohue

The widely publicized Disney case is perhaps the most important corporate law litigation in many decades. The case illustrates the immense discretion in the hands of trial judges in Delaware Chancery Court to let their passive corporate law ideology determine the outcome even in cases of egregious management neglect. Unfortunately, as managers, not shareholders, are the ones who decide where to incorporate and Delaware—the state of choice—depends on incorporation revenues to feed its coffers, too often this discretion is exercised to protect management at shareholder expense.

The Best Puffery Article Ever, David A. Hoffman

David A Hoffman

This Article provides the first extensive legal treatment of an important defense in the law of fraud and contracts: puffery. Legal authorities commonly say they make decisions about whether defendants should be able to utter exaggerated, optimistic, lies based on assumptions about buyer behavior, concluding that consumers do not rely on such speech. However, as the Article shows, such analyses are proxies for a deeper analytical question: does the speech encourage or discourage a type of consumption activity that the court deems welfare maximizing? The Article presents a novel constitutional analysis of puffery doctrine that focuses on the meaning of …

Note: Johnson V. California: A Grayer Shade Of Brown, Brandon N. Robinson

Brandon N. Robinson

For decades, the famous school desegregation case of Brown v. Board of Education and its progeny have supported the notion that a State may not constitutionally require [racial] segregation of public facilities. Indeed, with regard to state-mandated racial segregation, the doctrine of separate but equal has long been considered dead and buried. In February 2005, however, the Supreme Court of the United States in Johnson v. California curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the strict scrutiny standard of review afforded to all other racial classifications, thereby muddying the once clear doctrinal waters. …

Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg

Katherine J. Strandburg

In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the so-called "obviousness" requirement in patent law--the "teaching, suggestion, or motivation" (TSM) test. In Wagner's view, "even with its imperfections, the law and policy of the TSM analysis, done right, offers the best opportunity to bring predictability, transparency, and rigor to what is, at the end of the day, the enormously difficult task of quantifying what the patent law rewards as invention." For reasons she explains, Strandburg maintains that "the …

Sursis E Livramento Condicional, 1924-1940: A Modernização Do Direito Penal Brasileiro, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.

The Beggar's Opera And Its Criminal Law Context, Ian Gallacher

Ian Gallacher

This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.

Selective Waiver And The Tax Practitioner Privilege, Amandeep S. Grewal

Andy Grewal

Congress blundered badly by defining the federally authorized tax practitioner privilege by cross-reference to the attorney-client privilege. The relationship between a client and a FATP is wholly different from that between a client and an attorney, and the application of attorney-client principles to the FATP privilege has given rise to confused judicial opinions.

This report attempts to stem the confusion with respect to one aspect of the FATP privilege. The proper application of the selective waiver doctrine to the FATP privilege remains an open question, though courts seem poised to reject it. They have rejected it numerous times in the …

Los Grupos De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Registering New Chemical Products Brings Data Protection Problems, Jose R. Trigueros

Jose R. Trigueros

No abstract provided.

Reunion In Salem: Updating The Mtbe Controversy, Richard O. Faulk

Richard Faulk

Concerned about groundwater contamination and the potential health effects of methyl tertiary butyl ether (MTBE), a gasoline additive used to curtail air pollution, several states have banned its use. Similarly, MTBE hus been the subject ofa great deal of litigation. And while the Energy Policy Act of 2005 did not ban MTBE outright, it eliminated the federal oxygenate requirement for gasoline, thereby making the additive unnecessary. But according to RichardFaulk and./ohrr Gray, the controversy surrounding MTBE is greatly exaggerated. Moreover, MTBE represents only about 11% of the dangerous chemicals in gasoline that leak from USE into groundwater. Banning MTBE and …

Personal Rights (Turkish Version), Baris Gunaydin

Baris GUNAYDIN

No abstract provided.

Persona Jurídica Como Tercero Civilmente Responsable, Una Infeliz O Feliz Vinculación Entre El Derecho Civil Y El Derecho Penal, Rómulo Morales

Rómulo Morales Hervias

La tesis de este estudio es la aplicabilidad de la responsabilidad civil a las personas jurídicas cuando ellas ocasionan daños a terceros mediante el ejercicio o con ocasión de las actividades de sus representantes orgánicos.

The Charging And Sentencing Effects Of Depth And Distance In A Criminal Code, Ronald F. Wright, Rod Engen

Ronald F. Wright

Today's conventional wisdom about criminal justice in the United States tells us that criminal codes do not matter much. The real impact of the criminal law appears not in the statute books but in the choices of criminal prosecutors who apply those laws. Moreover, decision-making by prosecutors takes on even greater importance in the context of late twentieth century reforms that have made sentencing more determinate and less discretionary. Scholars have argued that these legal changes have effectively increased prosecutorial influence over sentences.

Despite these claims, little is known about the actual use of prosecutorial discretion under these kinds of …

Review Of "Nano-Hype: The Truth Behind The Nanotechnology Buzz", Michele L. Mekel

Michele L Mekel

The hype - both positive and negative - surrounding nanotechnology dwarfs its industry and its present panoply of products. No pun is intended by this statement, nor is it meant as a slight to the field. This phenomenon of nanotechnology hype is laid out in clever prose and in well-footnoted detail by David Berube, professor of communication studies in the Department of English at the University of South Carolina, in his book, "Nano-hype: The Truth Behind the Nanotechnology Buzz."

Locks & Levies, Jeremy F. De Beer

Jeremy de Beer

This paper explores two ways that law can influence the creation and distribution of digital content. Specifically, it looks at the relationship between (1) prohibitions against circumventing technological protection measures (TPMs) and (2) levies on products or services used to reproduce or transmit digital materials. The relationship between digital locks and levies is analyzed through a comparative study of developments in Canada and the United States. Canada has created a broad levy (compared to the United States) to address the issue of private copying. Canada has not, so far, enacted specific anti-circumvention legislation like the Digital Millennium Copyright Act (DMCA). …

La Responsabilità Precontrattuale Dell'intermediario Finanziario Nel Diritto Inglese, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

No Se Puede Ocultar El Sol Con Un Dedo, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

No abstract provided.

Are Insurance Brokers Professionals?, Barry R. Temkin

Barry R. Temkin

Are insurance brokers professionals? This article summarizes recent developments in case law assessing the liability of insurance brokers.

The Problem Of Internalisation Of Social Costs And The Ideas Of Ronald Coase, Enrico Baffi

enrico baffi

This work examines the influence of Coasian thought on the analysis of externalities as used by economists and legal economists. Ronald Coase, a Chicago scholar, advanced a series of critiques of the Pigovian tax system; the theorem that bears his name is merely the best known. In his 1960 work, he sought to demonstrate that the internationalisation of social costs was not always socially useful. In addition, he identified other institutional solutions to which systems can - and often do - resort. One of these solutions is to simply authorise the harmful activity without introducing mechanisms to internalise social costs. …

Scandali Finanziari: Profili Di Responsabilità Dell'intermediario, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

La Junta De Socios Contemporánea, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Administración Y Disposición En La Jurisprudencia Registral, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Junta De Socios Contemporánea, Carlos D. Echaiz Moreno

Carlos D Echaiz Moreno

No abstract provided.