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Articles 841 - 870 of 14046
Full-Text Articles in Law
Successor Liability In The Bankruptcy Context: The Problem Or The Solution?, Chelsea Donenfeld
Successor Liability In The Bankruptcy Context: The Problem Or The Solution?, Chelsea Donenfeld
Cardozo Law Review
No abstract provided.
The Commercialisation Of Equity, Man Yip, James Lee
The Commercialisation Of Equity, Man Yip, James Lee
Research Collection Yong Pung How School Of Law
This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the 'commercialisation' of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that …
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article provides an up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status of …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Small And Safe, Rathna N. Koman
Small And Safe, Rathna N. Koman
Research Collection Yong Pung How School Of Law
This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Gerrymandering And The Constitutional Norm Against Government Partisanship, Michael S. Kang
Michigan Law Review
This Article challenges the basic premise in the law of gerrymandering that partisanship is a constitutional government purpose at all. The central problem, Justice Scalia once explained in Vieth v. Jubilerer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated confidently as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against …
Regulating Black-Box Medicine, W. Nicholson Price Ii
Regulating Black-Box Medicine, W. Nicholson Price Ii
Michigan Law Review
Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they …
Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan
Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan
Michigan Law Review
When the government contracts with private parties, the risk of fraud runs high. Fraud against the government hurts everyone: taxpayer money is wasted on inferior or nonexistent products and services, and the public bears the burdens attendant to those inadequate goods. To combat fraud, Congress has developed several statutory frameworks to encourage whistleblowers to come forward and report wrongdoing in exchange for a monetary reward. The federal False Claims Act allows whistleblowers to file an action in federal court on behalf of the United States, and to share in any recovery. Under the Dodd- Frank Act, the SEC Office of …
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Michigan Law Review
In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically common groundwater-contamination emergencies.
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit
Legal Punishment As Civil Ritual: Making Cultural Sense Of Harsh Punishment, Professor Spearit
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
This article is an excerpt American Prisons: A Critical Primer on Culture and Conversion to Islam. The central aim of this chapter is to examine the post-civil rights push toward harsh punishment through the cultural lens of ritual. The United States is one of the most punitive countries on the planet--the country is the world leader in imprisonment and is one of the top five that executes capital defendants. However, determining the catalysts of this turn to harsh punishment has proved vexing. Scholars have adequately explained how the end of the welfare state, followed by a proliferation of drug laws, …
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
Report On The Texas Legislature, 85th Session: An Urban Perspective-Criminal Justice Edition, Sarah R. Guidry, Zahra Buck Whitfield, Amber K. Walker, Marshaun Williams, Grady Paris
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
In Texas, the legislature meets every 2 years and at the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled Report on the Texas Legislature, 85th Session: An Urban …
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
LLM Theses
The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West Africa), and its role within the West African region, especially how the Court has served as a resource for the Activist Forces that operate in the sub-region, in their pursuit of Environmental and Socioeconomic Justice in Nigeria. The second goal of this thesis, which is ancillary to the first, is to investigate the Courts jurisprudence in three landmark cases: SERAP v. Nigeria & Anor (2010); …
Ou Law Reunion Weekend: October 6-7, 2017
Spotlighting Public Service: Alumni Serve Their Home State
Spotlighting Public Service: Alumni Serve Their Home State
Sooner Lawyer Archive
No abstract provided.
Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank
Ou Law Center For Technology And Innovation In Practice: Continuing The Commitment To Innovation, Melissa Caperton, Jonella Frank
Sooner Lawyer Archive
No abstract provided.
Sooner Lawyer, Fall 2017/Winter 2018
Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Boyd Briefs / Road Scholars
Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.
From The Dean, Joseph Harroz Jr.
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Sexual Orientation Change Efforts, Professional Psychology, And The Law: A Brief History And Analysis Of A Therapeutic Prohibition, Christopher H. Rosik
Brigham Young University Journal of Public Law
No abstract provided.