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2015

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Penn State Law

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Articles 1 - 30 of 88

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.


Short Presentations Followed By Facilitated Discussions, James Houck, David Titley, Michael Mann Oct 2015

Short Presentations Followed By Facilitated Discussions, James Houck, David Titley, Michael Mann

Penn State Symposium on the Arctic

Retired Navy Vice Adm. James W. Houck is interim dean and Distinguished Scholar in Residence at Penn State Law and the School of International Affairs. Houck focuses his research and teaching on international law and national security law, with a particular emphasis on the law of the sea and the law of armed conflict. He joined Penn State in 2012 after retiring as the 41st judge advocate general of the U.S. Navy, during which time he was the principal military legal counsel to the secretary of the Navy and chief of naval operations. In this role, he led the 2,300 …


Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller Oct 2015

Law, Regulation, And Policy In The Arctic, Michael D. Farber, Klaus Keller

Penn State Symposium on the Arctic

Klaus Keller is a professor of geosciences at Penn State, with an adjunct appointment as a professor of engineering and public policy at Carnegie Mellon University. At Penn State, Keller directs the Center for Climate Risk Management (CLIMA) as well as the NSF-sponsored research network for Sustainable Climate Risk Management (SCRiM). Before joining Penn State, he worked as a research scientist and lecturer at Princeton University and as an engineer in Germany. Keller graduated from Princeton with a Ph.D. in civil and environmental engineering. He received master’s degrees from M.I.T. and Princeton as well as an engineer’s degree from …


Nga Brings Geospatial Intelligence To The Arctic, Rachel Bernstein Oct 2015

Nga Brings Geospatial Intelligence To The Arctic, Rachel Bernstein

Penn State Symposium on the Arctic

No abstract provided.


Keynote - Why The Rapidly Changing Arctic Matters To Science, Hon. Fran Ulmer Oct 2015

Keynote - Why The Rapidly Changing Arctic Matters To Science, Hon. Fran Ulmer

Penn State Symposium on the Arctic

Fran Ulmer is chair of the U.S. Arctic Research Commission, where she has served since being appointed by President Barack Obama in March 2011. In June 2010, Obama appointed her to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. From 2007 to 2011, Ulmer was chancellor of Alaska's largest public university, the University of Alaska Anchorage (UAA). Prior to that, she was a Distinguished Visiting Professor of Public Policy and director of the Institute of Social and Economic Research at UAA. She is a member of the Arctic Council chairmanship, the global board of The …


Keynote - Arctic Council Update: Perspective From The Chairmanship, Robert J. Papp Jr Oct 2015

Keynote - Arctic Council Update: Perspective From The Chairmanship, Robert J. Papp Jr

Penn State Symposium on the Arctic

Retired Coast Guard Adm. Robert J. Papp Jr. became the State Department’s special representative for the Arctic in July 2014. He leads the effort to advance U.S. interests in the Arctic region, with a focus on Arctic Ocean governance, climate change, economic, environmental, and security issues in the Arctic region as a member of the Arctic Council chairmanship. Prior to this appointment, Papp served as the 24th commandant of the U.S. Coast Guard, and led the largest component of the Department of Homeland Security. As a flag officer,Papp served as commander, Coast Guard Atlantic Area; chief of staff for the …


Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson Oct 2015

Filling The Google Gaps: Harnessing The Power Of Google Through Instruction, Rebecca Mattson

Law Library Faculty Works

This article discusses teaching proper use of Google and Google Scholar in the legal research classroom.