Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 7 of 7
Full-Text Articles in Law
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal
Northwestern Journal of International Law & Business
The uncoordinated reorganization and resolution of Systemically Important Financial Institutions in different countries pose many challenges. Contingent capital provides a viable alternative for the efficient restructuring and resolution of failing financial institutions. Contingent Capital provides a mechanism for internalizing banks’ failure costs and helps return distressed financial institutions to solvency. This article offers a comparative perspective on bank resolution and restructuring in the European Union, Switzerland, the United Kingdom and Germany and shows that Contingent Capital could play a substantial role in bank restructuring.
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
International Legal Practice Involving England And New York Following Adoption Of The United Kingdom Legal Services Act Of 2007, Sydney M. Iii Cone
Northwestern Journal of International Law & Business
This article deals with the regulation of legal services in England and New York in the context of, first, multidisciplinary practice ("MDP") and, second, permitted investment in legal practice. The article summarizes both the background of and potential differences between the regulations in those two jurisdictions, and comments on the possible reconciliation of those differences. Because, chronologically, New York was the first of the two jurisdictions under consideration to adopt rules on MDP, the New York rules will be considered first, and the more recent statute, known as the United Kingdom Legal Services Act 2007 (hereinafter "U.K. Act"), will then …
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian
Northwestern Journal of International Law & Business
Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.
Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe
Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe
Northwestern Journal of International Law & Business
The common law of contracts has its roots in medieval England. Traditional contract law, evolved from the age of feudalism, focused on "hard copy" documents and their authentication. Today, we frequently find ourselves entering into virtual, digital contracts. Instead of signing the written document with a seal, we merely type in our name on the computer screen and click on "I accept." Should contract law be changed to accommodate the digital nature of the modem contract and, if so, to what extent should it be changed? A traditionalist may contend that there is no need to completely overhaul contract law …
The Costs And Legal Implications Facing Implementation Of The European Union's Droit De Suite Directive In The United Kingdom, Jennifer B. Pfeffer
The Costs And Legal Implications Facing Implementation Of The European Union's Droit De Suite Directive In The United Kingdom, Jennifer B. Pfeffer
Northwestern Journal of International Law & Business
In 2001, the European Union passed a directive requiring member countries to implement a droit de suite on the resale of art. A droit de suite is a resale royalty created to benefit visual artists. The purpose of the droit de suite is to allow artists to profit off of their growing reputations; for example, a starving artist who has sold a work for a pittance may profit (or his heirs may profit) when he has risen in prominence and his work has consequently increased in value. The United Kingdom actively opposed the directive;8 it worried about the effect of …
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop
Northwestern Journal of International Law & Business
The computer software and firmware industries spend an enormous sum of money each year on the development of new programs. Developing, marketing and maintaing an individual program may involve a substantial investment. A potential for profit obviously exists if a successful program can be copied, thereby saving development and other related expenses, or if a copmuter user can run a program wihtout paying the usual fees to its owner. It is hardly surprising that considerable attention is now being focused on the means by which owners may secure legal protection against the copying or unauthorized use of their programs.
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn J. Berger
Northwestern Journal of International Law & Business
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.