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Articles 1 - 30 of 14369
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
UC Law Constitutional 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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
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 (2012 - Present)
No abstract provided.
Foreword, Mary Hiscock, Hans-W. Micklitz
Foreword, Mary Hiscock, Hans-W. Micklitz
Penn State Journal of Law & International Affairs (2012 - Present)
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 (2012 - Present)
No abstract provided.
Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry
Brookfield Multiplex Ltd V Owners Corporation Strata Plan 61288: More Certainty Concerning The Builder’S Duty Of Care For Economic Loss, Brittany Cherry
The University of Notre Dame Australia Law Review
No abstract provided.
Table Of Contents
Catholic University Journal of Law and Technology
No abstract provided.
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmermann
The University of Notre Dame Australia Law Review
This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex marriage case. The court in Obergefell put a stop to the democratic process by removing an important issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history or authority. In short, they have imposed their worldview on the people at the expense of federalism and the democratic process. This is why Justice Alito was so correct to state that such an exercise …
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
Should ‘Public Reason’ Developed Under Us Establishment Clause Jurisprudence Apply To Australia?, Anthony K. Thompson
The University of Notre Dame Australia Law Review
John Rawls’ idea of public reason holds that comprehensive doctrines including religion should not be allowed a voice in the public square. Such ideas prevent society achieving that ‘overlapping consensus’ which is said to be a requirement for enduring peace and progress. However, the suggestion that some ideas should be excluded from public debate is anti-democratic. This article reviews Rawls’ idea of public reason’ against its US legal context and suggests it was a response to US Supreme Court decisions concerning their First Amendment. Though our framers copied most of that clause into the Australian Constitution, the High Court has …