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Articles 1 - 30 of 21160
Full-Text Articles in Law
Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount
Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount
Faculty Publications
Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …
Examining The Americans With Disabilities Act's Reassignment Provision Through An Equal Protection Lens, Danielle Bogaards
Examining The Americans With Disabilities Act's Reassignment Provision Through An Equal Protection Lens, Danielle Bogaards
Hastings Constitutional Law Quarterly
Disabled employees were given equal protection rights when Congress acted under Section 5 of the Fourteenth Amendment to enact the Americans with Disabilities Act ("ADA"). This note begins by analyzing the ADA's reassignment provision, which is triggered when a current employee becomes disabled and can no longer perform the essential tasks of his or her current position. The ADA considers various forms of accommodations the employer may provide; yet circuit courts are split when faced with application of the ADA's reassignment provision because it is often used as a last resort before termination. More specifically, when an employer has a …
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Barbara Allen Babcock, Jeffrey Bellin, Robert P. Burns, Sherman J. Clark, James E. Coleman Jr., Lisa Kern Griffin, Robert P. Mosteller, Deborah Tuerkheimer, Neil Vidmar
Faculty Scholarship
No abstract provided.
Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi
Penn State Journal of Law & International Affairs
No abstract provided.
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson
One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson
Penn State Journal of Law & International Affairs
No abstract provided.
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse
The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse
Penn State Journal of Law & International Affairs
No abstract provided.
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode
Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode
Penn State Journal of Law & International Affairs
No abstract provided.
High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen
High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen
Penn State Journal of Law & International Affairs
No abstract provided.
Commercial Law And The Public Interest, Jay Lawrence Westbrook
Commercial Law And The Public Interest, Jay Lawrence Westbrook
Penn State Journal of Law & International Affairs
No abstract provided.
The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes
The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes
Penn State Journal of Law & International Affairs
No abstract provided.
The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano
The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano
Penn State Journal of Law & International Affairs
No abstract provided.
Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh
Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh
Penn State Journal of Law & International Affairs
No abstract provided.
The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano
The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano
Penn State Journal of Law & International Affairs
No abstract provided.
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich
Penn State Journal of Law & International Affairs
Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman
Penn State Journal of Law & International Affairs
The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas
Penn State Journal of Law & International Affairs
No abstract provided.
Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss
Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss
Penn State Journal of Law & International Affairs
No abstract provided.
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami
Penn State Journal of Law & International Affairs
No abstract provided.
The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship
The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship
Penn State Journal of Law & International Affairs
No abstract provided.
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva
Penn State Journal of Law & International Affairs
No abstract provided.
Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals
Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals
Penn State Journal of Law & International Affairs
No abstract provided.
Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer
Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer
Penn State Journal of Law & International Affairs
No abstract provided.
International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread
International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread
Penn State Journal of Law & International Affairs
No abstract provided.
On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz
On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz
Penn State Journal of Law & International Affairs
No abstract provided.
Foreword, Mary Hiscock, Hans-W. Micklitz
Foreword, Mary Hiscock, Hans-W. Micklitz
Penn State Journal of Law & International Affairs
No abstract provided.
Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law
Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law
Penn State Journal of Law & International Affairs
No abstract provided.
Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners Vs. Executive Director Of The Department Of Environmental Quality Et Al., Respondents, Utah Supreme Court
Utah Physicians For A Healthy Environment And Friends Of Great Salt Lake, Petitioners Vs. Executive Director Of The Department Of Environmental Quality Et Al., Respondents, Utah Supreme Court
Utah Supreme Court Briefs (2000– )
Appeal From the Utah Department of Environmental Quality Executive Director Amanda Smith Agency Decision No. Nl0123-0041 (DAQE-AN101230041-13)
Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan
Is The Health Star Rating System A Thin Response To A Fat Problem? An Examination Of The Constitutionality Of A Mandatory Front Package Labeling System, Mariette Brennan
The University of Notre Dame Australia Law Review
The Commonwealth of Australia has begun the implementation of a new front package labelling system for packaged food products. Despite calls from various health groups advocating for a mandatory front package labelling system, the Commonwealth opted for a voluntary system that relies on the goodwill of individual companies for its implementation. In discussing Australia’s obesity epidemic that has given rise to a need for front package labelling, this paper examines the constitutionality of mandatory front package labelling requirements. It argues that as the Commonwealth Government has the requisite jurisdiction to make the system mandatory it should forego voluntary implementation in …
From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt
From Cause To Responsibility: R2p As A Modern Just War, Zamaris Saxon, Lara Pratt
The University of Notre Dame Australia Law Review
This article examines the relationship between just war theory and the modern principle of responsibility to protect (R2P). In the absence of the principle’s clear use as a justification for the use of force, this article considers two situations which prompted debate about the applicability of the principle - the UN Security Council authorised no-fly-zone in Libya in 2011 and the decision not to use force in Syria in 2012. The article’s core message is that the debates about R2P suggest that rather than view R2P as a ‘new’ principle of international law, it should be viewed as a modern …
Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt
Pricing Disintermediation: Crowdfunding And Online Auction Ipos, A. Christine Hurt
Faculty Scholarship
No abstract provided.