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Articles 1 - 15 of 15
Full-Text Articles in Law
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
U.S. Foreign Direct Investment In Developing Countries: A Case Study Of Malaysia, Mexico And South Africa, Abenaa A. Oti-Prempeh
LLM Theses and Essays
There is an upsurge for foreign investment in developing countries. Developing countries that seek foreign investment actually prefer foreign direct investment. The issue of foreign direct investment has become a controversial issue among developing countries. Though this type of investment provides economic growth, employment, and infrastructure development, developing countries may also suffer legal and economic manipulation by the foreign investors at the expense of their countries’ resources. The foreign investment policies of developing countries that seek such foreign direct investment ultimately determine the actions of foreign investors. In many developing countries, foreign investment policies and other investment regulation are catalysts …
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi
A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi
ExpressO
This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.
Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy
Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy
ExpressO
Abstract: Corporations law around the world is moving in the direction of the shareholder primacy model, common in the USA and other common law countries. Lawyers, academics and public policy analysts are divided as to the merits of the model and its main competitor, the stakeholder model. The gist of arguments usually hinge on economics. This article examines the claims for and against the two models on their own terms, and suggests that law has a unique contribution to make to the development of the corporation and society.
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Regulating Internet Payment Intermediaries, Ronald J. Mann
Regulating Internet Payment Intermediaries, Ronald J. Mann
ExpressO
This paper examines legal and policy issues raised by changes in payment methods related to the rise of the Internet. The two major changes – the rise of P2P systems like PayPal, and the rise of Internet billing systems (EBPP) to replace the use of paper bills and checks – both involve new intermediaries that facilitate payments made by conventional payment systems. The paper first discusses how those systems work. It then discusses problems in the framework currently used to regulate those systems in the United States, which has not been updated to protect consumers from the special problems those …
Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts
Mass Toxic Tort Litigation And Class Action Rule Reform In The United States, Jason L. Betts
ExpressO
The paper advances the proposition that mass toxic tort litigation has been the predominant driver of class action rule reform in the Unites States. Through three distinct phases of proposals to reform Rule 23 of the Federal Rules of Civil Procedure, the judicial and academic attitude to the certification of mass toxic torts has influenced the reform debate in radically different ways – initially by providing the catalyst for efforts to reform Rule 23; then as a dampener against significant reforms to Rule 23 in the wake of mass toxic tort “settlement-only” classes; and ultimately as an explanation for the …
Forged Facsimile Signatures And Basic Principles Of The Law Of The Check Collection System, James S. Rogers
Forged Facsimile Signatures And Basic Principles Of The Law Of The Check Collection System, James S. Rogers
ExpressO
No abstract provided.
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
LLM Theses and Essays
This work is a comparative study of the availability and handling of interim measures in international commercial arbitration in different legal systems. It studies the difference in handling of interim measures and the need for a harmonized structure. It also contains a review of the proposed draft amendment to the UNCITRAL Model Law and further suggests a different version for the amendment.
Renegotiation And Adaptation Clauses In International Investment Contracts, Revisited, John Gotanda
Renegotiation And Adaptation Clauses In International Investment Contracts, Revisited, John Gotanda
John Y Gotanda
No abstract provided.
Bounded Rationality, The Doctrine Of Impracticability, And The Governance Of Relational Contracts, Donald J. Smythe
Bounded Rationality, The Doctrine Of Impracticability, And The Governance Of Relational Contracts, Donald J. Smythe
ExpressO
This article uses a behavioral economics approach to analyze the effects of the doctrine of impracticability on “relational” contracts -- long-term contractual agreements that are typically adapted to changed circumstances and unforeseen contingencies as they arise. In contrast to conventional law and economics studies, the article concludes that the impracticability doctrine has the potential to improve the efficiency and productivity of a wide range of long-term contractual agreements, and offers normative guidelines as to how the doctrine should be applied. The article also examines and rejects various philosophical objections to the impracticability doctrine, such as the arguments that it interferes …
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello
‘Paper World’ Analogies To Web Site Terms And Conditions: Travel Tickets And Other Similar Forms, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.
The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck, Robyn L. Meadows
The Uniform Commercial Code Survey: Introduction, Russell A. Hakes, Stephen L. Sepinuck, Robyn L. Meadows
Russell A. Hakes
No abstract provided.
The Relationship Between Revised Uniform Commercial Code Article 9 And The Bankruptcy Code: Points Of Intersection And Conflict, Alvin C. Harrell
The Relationship Between Revised Uniform Commercial Code Article 9 And The Bankruptcy Code: Points Of Intersection And Conflict, Alvin C. Harrell
Alvin C. Harrell
No abstract provided.
Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello
Seizing Domain Names To Enforce Judgments: Looking Back To Look To The Future, Juliet M. Moringiello
Juliet M. Moringiello
No abstract provided.