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Articles 1 - 30 of 291
Full-Text Articles in Law
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
An Artist's Right To Their Fair Share: How The Playing Field For Public Rights In America Could Be Dramatically Altered, Yonatan Bertel
Journal of International Business and Law
No abstract provided.
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
To Ban Ransomeware Payments Or Not To Ban Ransomware Payments: The Problems Drafting Legislation In Reponse To Ransomware, Sean O'Connell
Journal of International Business and Law
No abstract provided.
Nobody Has A "Corner On The Market": The Collaborative Use Of Both In-House Counsel And Outside Counsel, Jeffrey Newton
Nobody Has A "Corner On The Market": The Collaborative Use Of Both In-House Counsel And Outside Counsel, Jeffrey Newton
Journal of International Business and Law
No abstract provided.
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Comparative Analysis Of American And Chinese Letter Of Credit Law: To Mitigate Or Not To Mitigate That Is The Question, Jingen Wang, Larry A. Dimatteo
Journal of International Business and Law
Under American and Chinese law, the duty of the non-breaching party to mitigate damages is a core principle of general contract law. In the United States, an exception is found in letters of credit law where the beneficiary party has no such duty when an issuing bank (issuer) wrongfully dishonors payment under a letter of credit (LC). The beneficiary may recover the face amount dishonored plus any other losses recoverable under applicable law. The rationale for not applying the general duty of mitigation to letters of credit (LCs) is the independence principle, which asserts that the LC transaction is independent …
Where Is The Action? Choosing Securities Joinder Action Over Securities Class Action In Korea, Joon Buhm Lee
Where Is The Action? Choosing Securities Joinder Action Over Securities Class Action In Korea, Joon Buhm Lee
Journal of International Business and Law
Investor plaintiffs, or the attorneys who represented such plaintiffs, could pursue securities fraud claims as a joinder or class action after Korea enacted the Securities-related Class Action Act of 2005 (“SCAA”). Nevertheless, as time revealed, not many class action cases were filed. Research shows that investors are filing securities fraud actions as joinder actions. Not only are the investor plaintiffs filing, but many of them are winning. This article argues that such filings are rational choices made by risk-neutral plaintiffs and plaintiffs’ attorneys. Because the rules for filing a joinder action and a class action differ in various aspects, the …
The Collegiate Sports Revolution: The Expected And Unexpected Effects Of The Supreme Court's Latest Ruling On Paying College Athletes, Liam Sugrue
Journal of International Business and Law
No abstract provided.
French Tort Law Reform: A Rapprochement To Other Legal Systems?, Dimitra Tsiaklagkanou
French Tort Law Reform: A Rapprochement To Other Legal Systems?, Dimitra Tsiaklagkanou
Journal of International Business and Law
The revision of French tort law is proving to be a long process, starting with a first draft by the working group directed by Pierre Catala and Geneviève Viney in 2005, and only reaching a proposed new law tabled by Senators in 2020. The need for revision arose due to the silence of the current French Civil Code on tortious liability, which was mainly developed over the last two centuries by the jurisprudence, while only five such articles can be found. The intended revision of French tort law looks beyond the codification of jurisprudential solutions and towards legal innovations. This …
Once Bitten, Twice Shy -- Multiple Voting Shares In Continental Europe, Jorge Brito Pereira
Once Bitten, Twice Shy -- Multiple Voting Shares In Continental Europe, Jorge Brito Pereira
Journal of International Business and Law
Over the last decade, several jurisdictions in continental Europe have lifted regulatory restrictions on multiple voting shares (hereinafter “MVS”) in the form of dual-class share structures and/or loyalty shares. Though more heterogenous than coherent, all such reforms have been overly conservative and fall short of allowing the legal freedom of jurisdictions such as the United States and the United Kingdom. This approach may be difficult to understand in a globalized environment of regulatory and stock-exchange competition. This paper explores the reasons for the common conservative approach, which appear to lie mostly in early 20th-century experiences of multiple voting rights in …
"Think Globally, Act Locally": New York's Evolving Approach To Address Fossil Fuel Electric Use In Proof-Of-Work Bitcoin Mining Operations Contributing To Climate Change, Adriana Montante
Journal of International Business and Law
No abstract provided.
"The Showdown Between Liv Golf And The Pga Tour: What Are The Antitrust Issues Involved And Is There A Legal Solution That Can Return The World Of Golf To Peace And Unity Once Again?", Joseph Foster
Journal of International Business and Law
No abstract provided.
Monopolistic Excessive Pricing As An "Esg Violation", Lior Frank
Monopolistic Excessive Pricing As An "Esg Violation", Lior Frank
Journal of International Business and Law
ESG (environmental, social, and governance) considerations are on the rise, and corporations that fail to adequately address and implement them in their business agenda are exposed to legal risks and liabilities. Such social considerations weaken the prevalent notion that the paramount purpose of the corporation is to maximize its shareholders’ wealth, even at the expense of the stakeholders’ (e.g., consumers) interests. In this ‘new era’ of ESG, corporations are compelled to take stakeholders’ interests into account, otherwise, they might face legal action. Accordingly, this article contends that monopolistic excessive pricing, which is currently deemed lawful under U.S. antitrust law, should …
Ireland's Tax Code May Be Changing, But One Thing Remains: How Capital Allowances For Intangible Assets Continue To Draw Tech Giants To The Emerald Isle, Daryl Caffarone
Ireland's Tax Code May Be Changing, But One Thing Remains: How Capital Allowances For Intangible Assets Continue To Draw Tech Giants To The Emerald Isle, Daryl Caffarone
Journal of International Business and Law
No abstract provided.
Borrowings And Boomerangs: A Comparative Law Perspective On Resonance In Transnational Anti-Corruption Law Enforcement, Fred Einbinder
Borrowings And Boomerangs: A Comparative Law Perspective On Resonance In Transnational Anti-Corruption Law Enforcement, Fred Einbinder
Journal of International Business and Law
No abstract provided.
The World's Big Threat That Is Not Being Taken Seriously: Ecocide And The Inadequacies Of International Environmental Law, Kelsey Ferris
The World's Big Threat That Is Not Being Taken Seriously: Ecocide And The Inadequacies Of International Environmental Law, Kelsey Ferris
Journal of International Business and Law
No abstract provided.
Nestlé Vs. Dow And The Humanitarian Slavery Crisis In The Cocoa Industry, Christopher Cartier
Nestlé Vs. Dow And The Humanitarian Slavery Crisis In The Cocoa Industry, Christopher Cartier
Journal of International Business and Law
No abstract provided.
How Did Amazon Reach Its Prime?, Mary Serene Carino
How Did Amazon Reach Its Prime?, Mary Serene Carino
Journal of International Business and Law
No abstract provided.
The Complexities Of International Cybercrime And Security: Updating Laws For A New Digital Age, Jesslyn Bracco
The Complexities Of International Cybercrime And Security: Updating Laws For A New Digital Age, Jesslyn Bracco
Journal of International Business and Law
No abstract provided.
Express Dispute Assessment: A Much-Welcomed Form Of Expert Neutral Evaluation (Ene) At The Stockholm Chamber Of Commerce, Ylli Dautaj, William F. Fox
Express Dispute Assessment: A Much-Welcomed Form Of Expert Neutral Evaluation (Ene) At The Stockholm Chamber Of Commerce, Ylli Dautaj, William F. Fox
Journal of International Business and Law
No abstract provided.
Walking The Tightrope Between National Security Threats And Foreign Policy: How The United States Can Protect Its Citizens From Foreign Threats On The Internet And Social Media Without Hurting The Economy, Sean Zvi
Journal of International Business and Law
No abstract provided.
The Global Relevance Of The Eu Single Market On Insurance After The Insurance Distribution Directive (Idd), Pierpaolo Marano
The Global Relevance Of The Eu Single Market On Insurance After The Insurance Distribution Directive (Idd), Pierpaolo Marano
Journal of International Business and Law
The amount of insurance premiums collected within the European Union places this market among the world leaders. Although insurance regulation is still partly national, the European Union's effort to introduce harmonized rules between the Member States has intensified since the financial crisis. This essay intends to highlight the global relevance assumed by the regulatory framework of the European Union. The introduced set of rules arises from the principles established internationally and, in turn, influences these principles. Thus, the EU regulatory framework on insurance is relevant to understand the potential evolution of the international standards on insurance. The analysis focuses on …
The Mar-Portugal Plan: How Portugal's Action Plan To Transition Into A Maritime Economy May Prove Challenging Witihn The Current International Regulatory Framework For Deep Sea Mining, Sebastian Blanco
Journal of International Business and Law
No abstract provided.
Holding Everyone Accountable: The Need For The Creation Of An International Securities Class Action Venue In The Age Of Globalized Economies, Emily Fallon
Journal of International Business and Law
No abstract provided.
Relational Contracting In International Commercial Trade, Kathryn St. John
Relational Contracting In International Commercial Trade, Kathryn St. John
Journal of International Business and Law
Recent free-trade agreement negotiations have raised concerns about the effect of free-trade agreements on sovereignty, democracy, and the rule of law. An often-repeated concern is that harmonization provisions, which seek to achieve regulatory equivalence, will jeopardize domestic standards. These concerns may be overcome through regulatory governance and cooperation. Mechanisms which seek to promote regulatory cooperation, such as the exchange of information following ex ante monitoring of goods, enable states to protect their own standards while positively influencing the regulations of their trading partners. Moreover, mechanisms promoting regulatory cooperation can enhance democracy since they require consultation and publication of information. These …