Law Commons^™

Purpose And Power Of The Group Tax Exemption In Health Care, Marie Yascko-Rosado

Richmond Journal of Global Law & Business

This article argues that the group tax exemption and consolidated group returns provide immense assistance to nonprofit healthcare organizations, because of simplicity, financial benefits and efficiency benefits. Part III will discuss what it means to be a tax-exempt entity and the legal basis for its existence, the historical basis of the exemption and its various rationales including relief of government burden, subsidy and income measurement theories. Part IV will explain the tax-exempt status in health care, the effects of the Affordable Care Act on the uninsured population, and key differences between for-profit entities and non-profit entities. Part V will both …

The Battle Against Geo-Blocking: The Consumer Strikes Back, Sabrina Earle

Richmond Journal of Global Law & Business

The first part of this article will focus on the background of copyright law and its expansion in the digital age. The development of copyright law in the United States will be discussed along with a focus on current case law that has applied copyright law to the Internet and advancing technologies. Part I will also look into the expansion of copyright protection to an international level, including the creation of WIPO and the WIPO Copyright Treaty. Finally, Part I will discuss the popular trend of how consumers use the Internet to access digital copyrightable material. The second part of …

During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch

Richmond Journal of Global Law & Business

Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …

Richmond Journal Of Global Law And Business Volume 15, Issue 1 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Chinese "Workers Without Benefits", Ron Brown

Richmond Journal of Global Law & Business

Millions of workers in China are not afforded the rights and benefits of its labor and employment laws and thus are not "workers with benefits." China's labor reforms and worker "safety net" have come so far in the past 30 years, producing "workers with benefits." Why are there still millions of workers in the urban sector who do not have the protections of these labor and employment law reforms, who are the "workers without benefits," falling outside the labor safety net?

Mastering A Two-Edged Sword: Lessons From The Rules And Litigation On Safeguards In The World Trade Organization, Julien Chaisse, Debashis Chakraborty, Animesh Kumar

Richmond Journal of Global Law & Business

No abstract provided.

Chinese Foreign Direct Investment Into Africa In The Context Of Brics And Sino-African Bilateral Investment Treaties, Catherine Elkemann, Oliver C. Ruppel

Richmond Journal of Global Law & Business

China is now the second largest economy in the world after the United States of America and is deemed to be the most influential member of the group of leading emerging economies, the so called BRICS partnership consisting of Brazil, the Russian Federation, India, China and South Africa. According to the latest World Investment Report published by the United Nations Conference on Trade and Development (“UNCTAD”), China is also the second largest recipient of inward foreign direct investment (“IFDI”) and the third in terms of outward foreign direct investment (“OFDI”). In this context, Africa is emerging as an important destination …

Too Many Cooks In The Kitchen: Battling Corporate Corruption In Brazil And The Problems With A Decentralized Enforcement Model, Michelle A. Winters

Richmond Journal of Global Law & Business

No abstract provided.

The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee

Richmond Journal of Global Law & Business

No abstract provided.

Of Trucks, Trains, & Ships: Relative Liability In Multimodal Shipping, Amir H. Khoury

Richmond Journal of Global Law & Business

No abstract provided.

The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.

Recognition And Enforcement Of Foreign Judgments - A Second Attempt In The Hague?, Justyna Regan

Richmond Journal of Global Law & Business

No abstract provided.

An Experiment On The Role Of Penalty Clauses And The Level Of Legal Remedies For Breach Of Contract On The Prevention Of The Hold-Up Problem In Colombian Contract Law, Juan Antonio Gaviria

Richmond Journal of Global Law & Business

This article analyzes the results of an experiment with Colombian students testing the theories thatpenalty clauses and a high level of legal remedies for breach of contract prevent the hold-up problem. While the results of this experiment failed to statistically confirm the predictions of the theory, they did not reject them. Furthermore,the results show that held-up parties were better off after the parties renegotiated the contract when either a penalty clause was provided or the law increased the level of legal remedies in comparison with a benchmark scenario. On the other hand, the results are a contribution to the field …

Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen

Richmond Journal of Global Law & Business

No abstract provided.

Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip

Richmond Journal of Global Law & Business

As the Edward Snowden case takes legs and exhibits all the earmarks of official misconduct and scandal, the U.S. government continues efforts aimed at extraditing this "whistleblower," characterizing him as a traitor and doing damage control in the NSA. Part of this strategy includes intimidating those sovereign states that refuse to coooperate in returning Snowden to face trial.Yet, the legal basis for these U.S. efforts is highly contentious. If Snowden had stayed in Hong Kong and fought extradition, in all likelihood he would have prevailed. Thus, the U.S. is left with not credible basis for complaint, and its retaliatory diplomatic …

Rethinking Social Ventures In Hong Kong, Damian Alexander Bethke, Jedrzej Gorski

Richmond Journal of Global Law & Business

Hong Kong has experienced a significant transformation in its understanding of business, which concerns the phenomenon of social ventures that attempt to combine a make money and do good approach and to apply business skills to address social needs. Social ventures live a mystical existence, as they are fully ignored from a legal perspective despite the recent reform of laws on charitable activities. This causes problems as to their general understanding, which the authors try to address with their own typology, systematically characterizing social ventures. Then the authors examine the legal environment of social ventures in Hong Kong and identify …

Transplanting And Customizing
 Legal Systems: Lessons From
 Namibian Legal History, Martin Cai Lockert

Richmond Journal of Global Law & Business

No abstract provided.

Endangered Element Of Icsid Arbitral Practice: Investment Treaty Arbitration, Foreign Direct Investment, And The Promise Of Economic Development In Host States, Felix O. Okpe

Richmond Journal of Global Law & Business

The omission to define the term "investment" in the ICSID Convention is one of the most critical decisions that has led to inconsistent jurisprudence and the resulting debate regarding the propriety of the ICSID Convention and investment treaty arbitration. The legislative history and the circumstances leading to the birth of the ICSID Convention strongly suggest that its main objective is the protection and promotion of economic development in the host State. Most of the propositions aimed at giving a meaning to the term "investment" in ICSID arbitral practice have focused more on whether the scope of the meaning of "investment" …

The Genealogy Of Prosecutorial Discretion In Latin America: A Comparative And Historical Analysis Of The Adversarial Reforms In The Region, Daniel Pulecio-Boek

Richmond Journal of Global Law & Business

No abstract provided.

A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Richmond Journal of Global Law & Business

No abstract provided.

The Penumbra Of The United States’
 Foreign Corrupt Practices Act: Brazil’S Clean Companies Act And 
Implications For The Pharmaceutical
 Industry, Beverley Earle, Anita Cava

Richmond Journal of Global Law & Business

No abstract provided.

Will What Happened In Ecuador 
Stay In Ecuador? How The Existing
 International Due Process
 Analysis May Be Ineffective In 
Keeping Fraudulent Foreign 
Judgments Out Of U.S. Courts, Christopher Lento

Richmond Journal of Global Law & Business

Recent evidence in the decades-old Chevron/Ecuador litigation suggests that the $18 billion judgment rendered against Chevron by an Ecuadorian court may have been a product of conspiracy and fraud on an almost unprecedented scale. However, these allegations overshadow fundamental problems in the method by which U.S. courts determine whether judgments rendered in foreign jurisdictions may be enforced against defendants in the United States.

Under the current jurisprudential regime, courts that are faced with the question of whether a foreign judgment is enforceable in the United States follow what is termed the “international due process analysis.” In this analysis, the court …

Assessing Effectiveness Of International Private Regulations In The Csr Arena, Martijn W. Scheltema

Richmond Journal of Global Law & Business

No abstract provided.

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Richmond Journal of Global Law & Business

No abstract provided.

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep's Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.

Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun

Richmond Journal of Global Law & Business

No abstract provided.

The Rule Of Law, Constitutional Reform, And The Death Penalty In The Gambia, Andrew Novak

Richmond Journal of Global Law & Business

No abstract provided.

International Covergence On The Need For Third Parties To Become Internet Copyright Police (But Why?), Dennis S. Karjala

Richmond Journal of Global Law & Business

No abstract provided.

Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira

Richmond Journal of Global Law & Business

Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …