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2015

Rule of Law

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Articles 1 - 30 of 100

Full-Text Articles in Law

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs

No abstract provided.


Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun Dec 2015

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun

Robert MacCoun

No abstract provided.


Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson Dec 2015

Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson

Nicholas Howson

I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of …


China's Judicial System And Judicial Reform, Nicholas Howson Dec 2015

China's Judicial System And Judicial Reform, Nicholas Howson

Nicholas Howson

The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …


Emergency Takings, Brian Lee Dec 2015

Emergency Takings, Brian Lee

Faculty Scholarship

No abstract provided.


The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley Nov 2015

The Syracuse Conference On A World Rule Of Law: American Perspectives - An Introduction, Malcolm M. Feeley

Malcolm Feeley

No abstract provided.


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee Nov 2015

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …