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Articles 12991 - 13020 of 13461
Full-Text Articles in Law
Bank Ceos, Inside Debt Compensation, And The Global Financial Crisis, Frederick Tung, Xue Wang
Bank Ceos, Inside Debt Compensation, And The Global Financial Crisis, Frederick Tung, Xue Wang
Faculty Scholarship
Bank executives’ compensation has been widely identified as a culprit in the Global Financial Crisis, and reform of banker pay is high on the public policy agenda. While Congress targeted its reforms primarily at bankers’ equity-based pay incentives, empirical research fails to show any correlation between bank CEO equity incentives and bank performance in the Financial Crisis. We offer an alternative analysis, hypothesizing that bank CEOs’ inside debt incentives correlate with reduced bank risk taking and improved bank performance in the Crisis. A nascent literature shows that inside debt may dampen CEOs’ risk taking incentives. Unlike the industrial firms that …
From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao
From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China …
Securing Natural Justice In Arbitration Proceedings, Austin Ignatius Pulle
Securing Natural Justice In Arbitration Proceedings, Austin Ignatius Pulle
Research Collection Yong Pung How School Of Law
The legitimacy and integrity of any system that adjudicates the rights and duties ofpersons would be evaluated by reference to the standards required by the principles of natural justice. Arbitration is becoming more popular as a system of dispute resolution because of the exponential increase of cross-border transactions that are a feature of globalization. Now arbitrations take place in countries that lack a well-developed arbitration culture. Courts in some of these countries have yet to develop a coherent body of law that clarifies and gives effect to the principles of natural justice. Moreover, important values protected by natural justice principles …
Agency And Partnership Law [2011], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2011], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the legal framework governing economic relations between the United States and the Association of Southeast Asian Nations (ASEAN) and outlines a roadmap for a US-ASEAN Free Trade Agreement (FTA). Notwithstanding ASEAN’s emerging centrality in Asian regionalism, America remains the only Pacific power that has not concluded any form of FTA with ASEAN.This article explains that limited progress in Washington’s efforts stemmed from the domestic politics of the US Trade and Investment Framework Agreement (TIFA) approach and the Myanmar dilemma. It further analyses the challenges that the Trans-Pacific Partnership (TPP) Agreement negotiations have encountered and contends that the …
The Resurgence Of Uncorporation: The Business Trust In Singapore, Hang Wu Tang
The Resurgence Of Uncorporation: The Business Trust In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The business trust has enjoyed resurgence in Singapore following the enactment of the Business Trusts Act. In March 2011, a high profile initial public offering in Singapore involving a business trust raised a staggering US $5.5 billion making this one of the world’s largest initial public offering of the year. Further, Hong Kong telecommunication company, PCCW Ltd has also offered a business trust via a stapled security structure in November 2011. Yet the business trust is not widely understood by many lawyers. Thus, one of the aims of this paper is to provide a description of the business trust as …
Singapore: Transitioning To A "New Normal" In A Post-Lee Kuan Yew Era, Eugene K. B. Tan
Singapore: Transitioning To A "New Normal" In A Post-Lee Kuan Yew Era, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Politics in Singapore is generally marked by incremental change. When Singapore eventually becomes a two-party or multi-party democracy, the 2011 general election is likely to be regarded as the starting point of the epochal political transition. It was a boisterous year politically where political excitement and consciousness went up several notches due to the 7 May general elections and the 27 August presidential elections, both of which produced keenly contested hustings and outcomes. The aftermath of the general elections also saw the retirement of former Prime Ministers Lee Kuan Yew and Goh Chok Tong from the Cabinet.
Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay
Travels Of The Criminal Question: Cultural Embeddedness And Diffusion [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
The Northern Arabian Gulf : A Critical Area For Maritime Safety And Security, Sameer A. Marzoq
The Northern Arabian Gulf : A Critical Area For Maritime Safety And Security, Sameer A. Marzoq
World Maritime University Dissertations
The purpose of this study is to look for a solution for the problem on maritime safety and security in The Northern Arabian Gulf (NAG). Due to the absence of an agreement between the countries of the North Arabian Gulf and the existence of cases of instability, which took advantage of the other parties to carry out criminal acts adversely affect the safety and security of the region came this research for the purpose of shedding light on this problem and then propose appropriate solutions in accordance with international laws of the seas and oceans. It also intends to provide …
Who Bears The Cost Of Excessive Executive Compensation (And Other Corporate Agency Costs)?, David I. Walker
Who Bears The Cost Of Excessive Executive Compensation (And Other Corporate Agency Costs)?, David I. Walker
Faculty Scholarship
Managerial agency costs are ubiquitous in the modern public corporation. Agency costs arise from the separation of ownership and control and reflect the divergence between share-value-maximizing actions of managers and managers’ actual actions, plus the monitoring and bonding expenditures (including contracting costs) undertaken to reduce that divergence. Agency costs vary firm by firm, but regulatory actions and even business practices can have a systematic impact on agency costs. For example, increased or decreased enforcement of insider trading rules can affect agency costs across a wide spectrum of companies. Who bears the burden of corporate agency costs? Who gains or suffers …
Agents Without Principals: Regulating The Duty Of Loyalty For Non Profit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson
Agents Without Principals: Regulating The Duty Of Loyalty For Non Profit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson
Faculty Scholarship
Delaware corporate law imposes a duty of loyalty on officers and directors as a mechanism to regulate and deter self-dealing transactions. In nonprofit corporations, however, there are generally no shareholders with direct financial incentives to monitor against self-dealing. In the absence of shareholders and other principals, Congress and the IRS have articulated duty of loyalty rules for nonprofits that reach far beyond those applied to the for-profit world--most prominently the § 4958 intermediate sanctions. This article identifies the persons who owe a duty of loyalty to a nonprofit corporation, the applicable fiduciary standards for violating the duty of loyalty, and …
Regulating Compounding Pharmacies After Necc, Kevin Outterson
Regulating Compounding Pharmacies After Necc, Kevin Outterson
Faculty Scholarship
Food and Drug Administration (FDA) rules are often forged in crisis. After the 1937 sulfanilamide disaster that killed more than 100 people, Congress passed the Food, Drug, and Cosmetic Act (FDCA),requiring drugs to be safe and properly labeled. In 1962, a requirement was introduced for proof of drug efficacy through “adequate and well-controlled investigations,” partly in response to the thalidomide tragedy. Rules protecting human-research subjects owe a debt to Tuskegee and Nuremberg.
A Randomized Study Of How Physicians Interpret Research Funding Disclosures, Christopher Robertson
A Randomized Study Of How Physicians Interpret Research Funding Disclosures, Christopher Robertson
Faculty Scholarship
The effects of clinical-trial funding on the interpretation of trial results are poorly understood. We examined how such support affects physicians’ reactions to trials with a high, medium, or low level of methodologic rigor.
The Affordable Care Act Individual Coverage Requirement: Ways To Frame The Commerce Clause Issue, Wendy K. Mariner
The Affordable Care Act Individual Coverage Requirement: Ways To Frame The Commerce Clause Issue, Wendy K. Mariner
Faculty Scholarship
No abstract provided.
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin
Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin
Scholarly Works
Beekeeping’s popularity has surged in recent years, perhaps culminating in the introduction of the first ever White House bee hive. Local Apiaries provide a wide variety of benefits to communities, ranging from pollination services for gardens to producing honey that can be used in a wide array of foods and products. Apiaries are not always welcome in a community, however, perhaps because of their potential to cause a nuisance, or to harm crops or people. Although beekeeping regulation implicates both state and federal concerns a number of localities have developed unique and practical regulations that promote backyard beekeeping, while maximizing …
Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen
Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen
Scholarly Works
No abstract provided.
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin
Scholarly Works
This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine
Scholarly Works
This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Scholarly Works
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Penalty Clauses And The Cisg, Jack Graves
Penalty Clauses And The Cisg, Jack Graves
Scholarly Works
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig
Scholarly Works
Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …
Sprawl In Canada And The United States, Michael Lewyn
Sprawl In Canada And The United States, Michael Lewyn
Scholarly Works
The purpose of this Article is to ascertain whether (1) suburban sprawl is as widespread in Canadian metropolitan areas as in their American counterparts, and (2) Canadian government policies, and in particular Canadian zoning law and transportation policies, encourage sprawl. The article concludes that Canadian metropolitan areas are in fact somewhat less sprawling than most of their American counterparts, but that in Canada, as in the United States, government land use regulation and government transportation policy do favor sprawl to some extent. For example, in both nations municipal zoning regulations, by limiting density and forcing landowners to build parking lots, …
It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus
It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus
Scholarly Works
No abstract provided.
A Heretical View Of Teaching: A Contrarian Looks At Teaching, The Carnegie Report And Best Practices, Gary Shaw
A Heretical View Of Teaching: A Contrarian Looks At Teaching, The Carnegie Report And Best Practices, Gary Shaw
Scholarly Works
This article takes a position contrary to those of the Carnegie Foundation for the Advancement of Teaching Report, Educating Lawyers and Best Practices for Legal Education. It argues that much of the harm those reports attribute to Socratic dialogue is misguided— that the problems that arise are a result ofbad teaching technique rather than any flaw intrinsic in Socratic dialogue. It then goes on to argue that because many of the problems the two reports are trying to address are due to poor teaching rather than the Socratic dialogue, the reports’ recommendations cannot achieve the results hoped for. Current law …
Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano
Superheroes, Bandits, And Cyber-Nerds: Exploring The History And Contemporary Development Of The Vigilante, Stephanie Juliano
Scholarly Works
This article will first discuss what defines a vigilante, the history of vigilantes, and the contemporary vigilante's effect on the legal system as a whole. Also, this article will focus on those scenarios that bring an ordinary person to react in an illegal way to a perceived injustice. In focusing on these scenarios, this article will examine a little more closely the answers of deeper questions about the nature of law and justice, and their roles in the accelerating world of new media.
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Rights, Reservations, And Religion; International Human Rights Law And The Status Of Women, Mark Goldfeder
Scholarly Works
While human rights law in its current form is less than fifty years old, the issues that it grapples with are much, much older. People oftentimes dismiss religion or religious norms as being out of date, close-minded, or old-fashioned, and label religious views as discriminatory in theory or even in practice. In reality, religions have been dealing with human rights issues since ancient times, and in some ways have laid the groundwork for the very modern discussions that have supplanted them. The answers that religions give, therefore, deserve at the very least a careful and respectful analysis before they are …
Go White, Young Man, Alfred Brophy
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz
The Legal Regulation Of Gay And Lesbian Families As Interstate Immigration Law, Sarah Abramowicz
Vanderbilt Law Review
No abstract provided.
American Legal History Revisited, James W. Ely Jr.
American Legal History Revisited, James W. Ely Jr.
Vanderbilt Law Review
No abstract provided.