Law Commons^™

Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen

Sylvia B. Caley

With increasing frequency, human organs and tissues are being placed in the stream of commercial transactions to be treated as commodities. The transplant community, the media, and legislative bodies are following this commercial development with intense interest. The following three topics — the commercialization of biotechnology products, the media’s response to transplant activities, and the European Community’s (EC) development of policies and regulations concerning organ and tissue replacement therapy — highlight many of the ethical and legal concerns facing transplant medicine today. Preparation for the challenges of the future begins with honest appraisal and analysis of the evolution of ethical …

External Administration In Corporate Insolvency And Reorganisation: The Insider Alternative, Larelle Chapple, James Routledge

James Routledge

This article considers the merits of alternative policy approaches to management of companies in insolvency administration, in particular from an identity economics theoretical perspective. The use of this perspective provides a novel assessment of the policy alternatives for insolvency administration, which can be characterised as either following the more flexible United States Chapter 11-style debtor-in-possession arrangement, or relying on the appointment of an external administrator or trustee to manage the insolvent company, who automatically displaces incumbent management. This analysis indicates that stigma and reputational damage from automatic removal of managers in voluntary administration leads to “identity loss” and that an …

66th National Law Day Celebrates By Indian National Bar Association, Amit Kumar

Amit Kumar

Global conference to coincide with the Indian Law Day celebrations, INBA is to conduct Annual Conference, titled “66th National Law Day” on November 25th to 26th, 2015 at The Shangri-La’s Eros Hotel, New Delhi. This conference proposes to bring participation from Legal Luminaries, Senior Government Officials, Legal Departments of Fortune 500 companies, International Law Firms, Senior Lawyers, business and Judges across the globe. The main goal of the conference is to provide platform for Legal Community to discuss and deliberate on several important international legal issues. Opportunities: 1. Networking with Peers. 2. Speaking Opportunity. 3. Get Inspired. 4. Meet Key …

Amending The Competition Act, Trevor Farrow, Kent Thomson

Trevor C. W. Farrow

No abstract provided.

Offshore Petroleum Resource Access And Regulation In Canada, Kylie Fletcher

Kylie Fletcher

Extract: Canada is one of the world’s leading petroleum producers. It claims significant proven reserves of oil and natural gas. Canada’s reserves are estimated to be in the order of 173 billion barrels of oil and 70 trillion cubic feet of natural gas. Canada’s provinces, listed in order of entry into confederation, are Ontario (1867), Quebec (1867), Nova Scotia (1867), New Brunswick (1867), Manitoba (1870), British Columbia (1871), Prince Edward Island (1873), Saskatchewan (1905), Alberta (1905) and Newfoundland and Labrador (1949). Its territories are the Northwest Territories, Yukon and Nunavut. Canada has an extensive coastline, and lays claim to significant …

Moderator, Article 9 Remedies, Ingrid Hillinger

Ingrid Michelsen Hillinger

Improvements To Combat Money Laundering And Terrorist Financing: A Comparative View Of Spain And The United States, William Byrnes

William H. Byrnes

No abstract provided.

Exchange Of Information Of Corporate Financials Of Mnes For Addressing Beps, William Byrnes

William H. Byrnes

No abstract provided.

Deal Protection Devices: The Negotiation, Protection, And Enforcement Of M&A Transactions (Forthcoming), Megan Shaner

Megan Wischmeier Shaner

No abstract provided.

Comparing The Equivalency Of The New Crs, Bba, And Us Ben Owner Reporting Forms, What’S A Financial Institution To Do?, William Byrnes

William H. Byrnes

No abstract provided.

E-Discovery Business Impact: Response Plans And Insurance Coverage, Anne Tucker, Vjollca Prroni

Anne Tucker

No abstract provided.

Enhanced Educational Value Of Experiential Learning: The Business Court Project, Anne. Tucker, Susan Willey, Nancy Mansfield

Anne Tucker

No abstract provided.

Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Benjamin Tennille, Lee Applebaum, Anne Tucker

Anne Tucker

No abstract provided.

Curbing Corporate Inversions Through Public Pressure For Economic Patriotism, Anne Tucker

Anne Tucker

No abstract provided.

Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker

Anne Tucker

This article addresses the issues related to specialized courts, specifically focusing on business courts, and provides a comprehensive overview of the evolution of non-Delaware business courts. After addressing the theoretical assumptions of and civil justice goals served by business courts, the article proposes a framework to evaluate and measure the success of business courts by focusing on efficiency, quality of decision-making, and the perception of due process. The article surveys existing business courts and undertakes a comparative analysis of their structural elements: case subject matter, jurisdiction, minimum damages thresholds, and transfer procedures. The article then analyzes the existing programs under …

Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison

Caren Myers Morrison

David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …

Big Data And Fatca; Transfer Pricing Update, William Byrnes

William H. Byrnes

No abstract provided.

Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet

Zachary Frimet

Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …

Meeting The Demands Of The Substantially Overhauled W-8ben Under New Fatca Rules, William Byrnes

William H. Byrnes

No abstract provided.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

Exchange Of Information: Fatca, Gatca, Beps, In The Context Of Latin America, William Byrnes

William H. Byrnes

No abstract provided.

Moderator, Federal Oversight: When Is It Helpful?, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

A New International Standard Of Information Exchange, William Byrnes

William H. Byrnes

No abstract provided.

Intergovernmental Agreements & Automatic Exchange With The Usa: Is This The End Of The United States As The World’S Largest Offshore Centre?, William Byrnes

William H. Byrnes

No abstract provided.

Harmonising Judicial Approaches To Determining The Enforceability Of Foreign Annulled Awards, Winnie Ma

Winnie Ma

Judicial enforcement of foreign annulled awards has engendered fervent debate. Pursuant to Article V(1)(e) of the New York Convention, the enforcement court may refuse to enforce an award which has been set aside in "the country in which, or under the law of which, that award was made." Yet some enforcement courts have allowed enforcement notwithstanding such annulment, primarily on two bases. The first basis is that Article V(1)(e) is a discretionary ground for non-enforcement. The second basis is that Article VII(1) of the New York Convention allows enforcement through the application of the more favourable law.

This paper examines …

Principles And Practice Of International Commercial Arbitration, 2d Ed., Margaret Moses

Margaret L. Moses

No abstract provided.

Business Organizations, 2nd Ed., Charles Murdock

Charles W. Murdock

No abstract provided.

Principles And Practice Of International Commercial Arbitration, Margaret Moses

Margaret L. Moses

No abstract provided.

Categorization Of Trusts By Fatca And The Intergovernmental Agreements, William Byrnes

William H. Byrnes

No abstract provided.

Consequences For The Accidental (Latin) American And Us Reciprocal Automatic Exchange, William Byrnes

William H. Byrnes

No abstract provided.