Law Commons^™

Is It A Subsidy? An Evaluation Of China's Currency Regime And Its Compliance With The Wto, Matthew R. Leviton

ExpressO

No abstract provided.

Unlawful Dividends, Unjust Enrichment, And The Defence Of Change Of Position, Cecil Duncan Macrae

Research Collection Yong Pung How School Of Law

Economic analysis is applied to determining the effect of the change of position defense on the question of whether an innocent shareholder receiving an unlawful, mistaken dividend should be liable under English restitution law as the result of unjust enrichment. The analysis builds on and extends previous economics analysis of mistaken money transfers under restitution law. The conclusion of the analysis of the change of position defense is that unjust enrichment liability with the defense should not be extended to unlawful, mistaken dividends, even if the factors for unjust enrichment are present.

General Intangible Or Commercial Tort: Moral Rights And State Based Intellectual Property As Collateral Under Ucc Revised Article 9, Lars Smith

ExpressO

The article focuses on whether this change to Article 9 requires a reevaluation of whether certain intellectual property rights are better characterized as commercial torts rather than general intangibles. If so, this will place severe restrictions on the ability of debtors to use those forms of intellectual property as collateral. I propose a two part test to determine the proper characterization: First, is the intellectual property right one that exists primarily to vindicate interests of the owner? Second, is the intellectual property right alienable? Using this test, for example, it is my conclusion that moral rights can never be general …

La Naturaleza Jurídica De La Sociedad, Carlos D. Echaiz Moreno

Carlos D Echaiz Moreno

No abstract provided.

In Re Oracle Corp. Derivative Litigation: Death Of Special Litigation Committees?, Anna Panchenko

DePaul Business & Commercial Law Journal

No abstract provided.

Lo Errado, Lo Inconcluso Y Lo Imprevisto En La Ley General De Sociedades, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Privatization Slow-Down: Government Reluctance Or Economic Failure?, Sara Alam El-Din

Archived Theses and Dissertations

This research is trying to disclose the reasons behind the slow down of the privatization program in Egypt. It does so by assessing the government's policy with regard to privatization by reference to secondary material and two case studies: the banking and the maritime sectors. These two case studies were carefully chosen in order to highlight particular issues related to the slow down of the process of privatization and the government's policies. The banking sector, for example, is one of the sectors that the government seems reluctant to privatize and only last January did the government announce the willingness to …

Panelist Law And Society Association Annual Meeting, Las Vegas, Nev., Bruce Price

Bruce M Price

No abstract provided.

La Convivencia Entre El Derecho Concursal Y La Libre Competencia. El Caso Argentino, Carlos Molina Sandoval

Carlos Molina Sandoval

El presente trabajo tiene por objeto introducirse en ciertos de interrelación entre el derecho concursal y el régimen competivio, que han sido poco explorados, pero que requieren de una clara armonización de ambos regímenes.

International Antisuit Injunctions: Enjoining Foreign Litigations And Arbitrations - Beholding The System From Outside, Marco Stacher

Cornell Law School J.D. Student Research Papers

Antisuit injunctions are issued by a court to prevent a party from bringing suit in another forum. They are a powerful tool available to American courts to implement their decision on jurisdiction. It goes without saying that granting such an injunction de facto affects the capability of the other forum to hear the dispute, which conflicts with the principle of comity. American courts therefore only enjoin a party from proceeding in another forum if certain criteria are satisfied. This paper discusses these criteria in the context of international litigations and arbitrations. It analyzes the case law on this issue and …

Proyecciones Del Derecho De Daños Y De Consumo Sobre El Contrato De Leasing En La República Argentina, Carlos Molina Sandoval

Carlos Molina Sandoval

Este trabajo procura analizar el tema de la responsabilidad del dador del leasing frente a terceros y sus eventuales proyecciones en la ley de defensa del consumidor en República Argentina

Stop The Abuse Of Gmail!, Grant Yang

Duke Law & Technology Review

Gmail, a highly anticipated webmail application made by Google, has been criticized by privacy advocates for breaching wiretapping laws, even before its release from beta testing. Gmail's large storage space and automated processes developed to scan the content of incoming messages and create advertisements based on the scanned terms have enraged privacy groups on an international level. This iBrief will compare Gmail's practices with its peers and conclude that its practices and procedures are consistent with the standards of the webmail industry. The iBrief will then propose additional measures Gmail could institute to further protect webmail users' and alleviate the …

Harmonizing Business Laws In Africa: Ohada Calls The Tune, Claire M. Dickerson

ExpressO

OHADA (in English, “Organization for Harmonization in Africa of Business Laws”) is a system of business laws and implementing institutions. Sixteen West African nations adopted this regime in order to increase their attractiveness to foreign investment. Because most of the member-states are former French colonies, the OHADA laws are based on the French legal system. Despite certain economists’ recent, well-publicized assertions that any French-based legal system is incompatible with development, other studies challenge those claims and in doing so outline characteristics that a pro-development system of business laws should possess. A review of selected provisions from OHADA’s corporate law and …

What Makes Asset Securitization "Inefficient"?, Kenji Yamazaki

ExpressO

Despite the damage caused by the recent Enron scandal , the asset securitization market has been vibrant and has become a popular financing alternative . A number of academics emphasize its merits and suggest that it is a more favorable way of financing, and Congress’s proposal to make sales of asset in securitization immune from characterization as secured transactions under the Bankruptcy Reform Act of 2001 (the “Reform Act”) almost materialized when the Enron scandal hit the scene. Conversely, there have been accusations that securitization is not a legitimate way of financing because, for example, it fosters fraudulent transactions.

Why …

Lo Transitoriamente Eterno, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.

The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt

BYU Law Review

No abstract provided.

The Deregulation Of International Trucking In The European Union: Form And Effect, Francine Lafontaine, Laura M. Valeri

Law & Economics Working Papers Archive: 2003-2009

This paper examines how the deregulation of the international road transport industry in Western Europe has affected 1- the total quantity of cross-border road transport in the region; 2- the degree to which shippers outsource rather than integrate vertically their cross-border transport needs; and 3- the extent to which different countries participate in international road freight transport in Western Europe. Not surprisingly, we find that deregulation has had a large positive effect on the amount of international road transport net of the effect of the trade ties that grew over time among European Union countries. Moreover, consistent with the fact …

Antitrust Analysis Of B2b Transaction, Akira Inoue

Cornell Law School Inter-University Graduate Student Conference Papers

B2B is a business-to-business market place that uses internet to connect each other business. It has gotten a lot more attention recently in Japan as well as in the U.S. because it is possible to lower the procurement costs of raw material and accomplish several procompetitive effects such as communication efficiencies. However, in spite of these pro transactional natures of B2B, it could also cause anticompetitive effects on market place. In other words, the fact that buyers communicate easily through the internet means they could easily form a cartel or conclude an agreement to restrain the free competition and it …

Summary Of Rttc Communications, Inc. V. The Saratoga Flier, Inc., 121 Nev. Adv. Op. 6, Patrick Murch

Nevada Supreme Court Summaries

Appeal from a final district court judgment in a contract dispute and an order awarding attorney fees.

Supreme Court In Vicissitude Of Economic System (1949-1978)【经济体制变迁中的最高人民法院（1949─1978年）】, Meng Hou

Hou Meng

No abstract provided.

Empirical Research On The Capacity Of Regulating Economy Of The Supreme Court: From The Overhead Expenses In The Court（最高法院规制经济的实证研究──以法院内部管理费用为分析视角）, Meng Hou

Hou Meng

No abstract provided.

Landlord And Tenant, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Intersection Of Revised Article 9 Of The Ucc With Bankruptcy Code, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Participated In The "Symposium On The Future Of Chapter 11", Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Symposium On The Future Of Chapter 11, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Fideicomiso Societario. Bases Para Una Mejor Utilización De La Figura Fiduciaria, Carlos Molina Sandoval

Carlos Molina Sandoval

El presente trabajo analiza los puntos de contacto que tiene el fideicomiso de acciones con el derecho societario, desarrollando temas como el derecho de información, el conflicto de intereses entre el fiduciario y la sociedad, el régimen de impugnación, etc.

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs

ExpressO

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a law of their own creation. The standard history …

Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson

ExpressO

This article presents the first in-depth exploration of third-party closing opinions, a common but curious – and potentially troubling -- feature of U.S. business law practice. Third-party closing opinions are letters delivered at the closing of most large transactions by the attorney for one party (e.g., the borrower) to the other party (e.g., the lender) offering limited assurance that the transaction will have legal force and effect.

Hundreds, if not thousands, of legal opinions are delivered every week. Yet, lawyers often complain that they create needless risk and cost, and produce little benefit. Closing opinions thus pose a basic question: …

Patterns In A Complex System: An Empirical Study Of Valuation In Business Bankruptcy Cases, Bernard Trujillo

ExpressO

This Article applies complex systems research methods to explore the characteristics of the bankruptcy legal system, presenting the results of an empirical study of twenty years of bankruptcy court valuation doctrine in business cramdown cases. These data provide solid descriptions of how courts exercise their discretion in valuing firms and assets.

This Article accomplishes two objectives: First, using scientific methodology, this Article explains the content of bankruptcy valuation doctrine. Second, this Article uses doctrine as a variable to explore system dynamics that govern the processes of change over time.

Significant findings include (i) courts tend to “split the difference” in …