Law Commons^™

Bond Issue Agent, Tomasz Sójka, Adrian Rycerski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article presents the matter of the obligation of the issue agent to participate in the process of issuing bonds, mortgage bonds and investment certificates issued by a private closed-end investment fund. This is a novum introduced to the Polish capital market law pursuant to the Act of 9.11.2018 amending certain acts in connection with the strengthening of supervision over the financial market and investor protection in this market, directly affecting the shape of the basic institutions of the Act of 15.1.2015 on bonds.

محاكمة الحدث في ظل القانون والقضاء الإماراتي (دراسة مقارنة), مريم عبيد محمد الراشدي

Theses

يمر الإنسان بمراحل عمرية مختلفة، و تتدرج بها مسؤوليته الجزائية، فيختلف الجزاء وفقا لكل مرحلة عمرية وذلك بناءً على ما تخضع له هذه الفئة من قوانين منظمة لها. فقانون الأحداث الاتحادي يختص بقواعد وإجراءات محاكمة الأحداث وهم الفئة العمرية المستهدفة محل الدراسة. إلا أن القانون رقم 3 لسنة 1996 بشأن اختصاص المحاكم الشرعية، نص على اختصاص هذه المحاكم بنظر الجرائم التي يرتكبها الأحداث، وتطبق أحكام الشريعة الإسلامية عليهم. هذا سيؤدي إلى حدوث ازدواجية في اختصاص هذه المحاكم والقواعد الموضوعية والإجرائية المطبقة على الأحداث. سنبحث في هذا الموضوع مع بيان موقف المحاكم العليا من ذلك، وموقف القوانين الوضعية محل المقارنة، وفقا …

الاستخدام التجاري للفضاء الخارجي في ضوء قواعد الفانون الدولي والتشريع الإما ا رتي, عبد الله عبد القادر عبد اللطيف

Theses

خلا ل الفترة الوجيزة الماضية، تعددت استخدامات الفضاء الخارجي، وكان الاستخدام

التجاري للفضاء الخارجي أحد أهم هذه الاستخدامات، حيث ظهرت العديد من الأنشطة التجارية

في الفضاء. كما أصبح القطاع الخاص أحد أبرز الناشطين في ميدان الفضاء، مما جعل الدول

تضع قوانين خاصة لتنظم شروط ترخيص أنشطة القطاع الخاص، وتنظم أحكام المسؤولية عن

الأضرار التي تحدثها. كما أن الأنشطة التجارية في الفضاء الخارجي تواجه العديد من

الإشكاليات المتعلقة بالحماية القانونية لها، ومقبلة على مزيد من التحديات والتطورات

المستقبلية.

وفي هذا البحث نحاول تسليط الضوء على موضوع الاستخدام التجاري للفضاء

الخارجي من خلال التعرض للأنشطة التجارية التي يتم ممارستها حاليا في الفضاء …

Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …

Bankruptcy's Cathedral: Property Rules, Liability Rules, And Distress, Vincent S.J. Buccola

Northwestern University Law Review

What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriented theorists have rationalized bankruptcy as an antidote to potential coordination failures associated with a company’s financial distress. But the sophistication of financial contracting and the depth of capital markets today threaten the practical plausibility, if not the theoretical soundness, of the conventional model. This Article sets out a framework for assessing bankruptcy law that accounts for changes in the technology of corporate finance. It then applies the framework to three important artifacts of contemporary American bankruptcy practice, pointing toward a radically streamlined vision of the field. …

Matter Of A-B-, Lgbtq Asylum Claims, And The Rule Of Law In The U.S. Asylum System, Nora Snyder

Northwestern University Law Review

On June 11, 2018, then-Attorney General Jeff Sessions released his decision in a case called Matter of A‑B‑, purporting to eliminate domestic violence and gang violence as grounds for asylum. The decision also cast doubt on the continued viability of asylum claims predicated on non-state actor violence, which alarmed LGBTQ advocates, whose asylum claims often involve non-state actor persecutors. In making this change, Sessions used a previously rarely used feature of the asylum system, the Attorney General’s self-certification power. This Note analyzes the potential impact of Matter of A‑B‑ on LGBTQ asylum seekers. Based on the text of the …

Mitigating The Impact Of School Mobility: An Effective Practices Model And Guide For Educators, Elizabeth Daniel, Meghan Snyder

Center for Public Research and Leadership

On any given day, there are more than 700,000 military-connected students enrolled in U.S. public schools. Many of these students have recently transferred schools and can anticipate additional moves during their K-12 school career because frequent moves are a fact of life for most children who have a parent in the military. They change schools about three times more often than civilian children – and by the time they finish high school, it is common for them to have experienced 6-9 non-promotional school changes. Other highly mobile students – children of migrant workers, those experiencing homelessness or other unstable family …

A Roadmap For Action: Academic Community Control Of Data Infrastructure, Sparc, Claudio Aspesi, Nicole Allen, Raym Crow, Shawn Daugherty, Heather Joseph, Joseph Mcarthur, Nick Shockey

Copyright, Fair Use, Scholarly Communication, etc.

The need for academic institutions to act to retain control of infrastructure, data and data analytics is here to stay. It is critical for academic leaders to acknowledge that data and its uses play a central role in the operations and the future of their institutions, and take control of how it is managed as a strategic asset.

The time to act is now. Many of the actions outlined in the Risk Mitigation section of this roadmap can be taken relatively quickly, and many institutions already have a head start on these processes in response to GDPR or other requirements. …

Insuring Nature, Carolyn Kousky, Sarah E. Light

Duke Law Journal

Scholars and policymakers have argued that insurance can shape behavior in ways that mitigate climate risks, such as by providing financial incentives to property owners to safeguard their property from increasingly intense hurricanes or from the risk of sea-level rise. But natural ecosystems like coral reefs, mangroves, and forest ecosystems can themselves protect property from these increased climate risks. This Article turns the climate governance literature on its head, examining the circumstances under which it is possible to insure nature itself in order to preserve these critical ecosystem services in the face of a changing climate.

Dazed And Confused: Revamping The Sec’S Unpredictable Calculation Of Civil Penalties In The Technological Era, Samuel N. Liebmann

Duke Law Journal

Twenty-first-century problems cannot be solved with twentieth-century solutions. This applies with particular force to securities regulation, in which regulators must constantly adapt to rapid financial innovation. In an era of high-frequency trading and unprecedented market connectivity, the SEC has struggled to apply its existing regulatory framework. Specifically, the Commission’s tiered civil-penalty regime—a remnant of the 1990 Penny Stock Reform Act—is outdated and presents a number of challenges as applied to sophisticated trading violations. Primarily, the current structure, which allows Administrative Law Judges to punish financial misconduct for each illegal “act or omission” that has occurred, permits excessive discretion to impose …

Grappling With Gebardi: Paring Back An Overgrown Exception To Conspiracy Liability, Jack C. Smith

Duke Law Journal

For over a century, the Supreme Court has recognized that someone can conspire to commit a crime that he is not eligible to commit himself. Though this broad rule seeks to prevent the exploitation of statutory loopholes by concerted bad actors, courts have recognized narrow exceptions to this baseline reach of conspiracy liability for nearly as long as the rule itself. One such exception was announced in Gebardi v. United States, a 1932 Supreme Court case concerning an early human trafficking law that criminalized the act of transporting a woman across state lines for prostitution. The Court held that …

Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Steven Calabresi, Gary S. Lawson

Faculty Scholarship

Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
/="/">
/="/">First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. …

The Other Janus And The Future Of Labor’S Capital, David H. Webber

Faculty Scholarship

Two forms of labor’s capital—union funds and public pension funds—have profoundly reshaped the corporate world. They have successfully advocated for shareholder empowerment initiatives like proxy access, declassified boards, majority voting, say on pay, private fund registration, and the CEO-to-worker pay ratio. They have also served as lead plaintiffs in forty percent of federal securities fraud and Delaware deal class actions. Today, much-discussed reforms like revised shareholder proposal rules and mandatory arbitration threaten two of the main channels by which these shareholders have exercised power. But labor’s capital faces its greatest, even existential, threats from outside corporate law. This Essay addresses …

A Hidden Technological Assumption In Patent Law: The Case Of Gene Patents And The Disclosure Requirement, Or Cohen Sasson

Articles

The disclosure requirement in patent law is designed to reveal knowledge regarding a patented invention to allow proper understanding and utilization of that invention. The contention offered here is the presence of an inherent incompatibility between the disclosure requirement and genetic inventions. Genetic inventions are highly contingent on genetic statistical data (GSD), which is gathered during the commercial phase of a genetic invention. GSD are essential for various purposes, which at least some should be satisfied by the disclosure. However, since GSD can be gathered only at the postapplication period, GSD are not disclosed through the disclosure requirement. Therefore, there …

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

Articles

In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression-particularly the entangled concepts …

Remedying The Abuse Of Organisational Forms: Trusts And Companies Considered, Pey Woan Lee

Research Collection Yong Pung How School Of Law

Both the trust and the company are organisational forms distinguished bytheir ability to facilitate affirmative asset partitioning. However, this feature isvulnerable to abuse by those whose purpose is to defeat creditor rights. Thisarticle considers recent developments in judicial doctrines aimed atcountering such abuse and the extent to which they are explicable by, orcoherent, with economic analyses drawn from the work of Hansmann andKraakma.

Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh

Research Collection Yong Pung How School Of Law

In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (‘B2C2’)1 may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court (‘SICC’), seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in the context where an automated contract-forming software …

Sri Lanka's Quest For A Reformed Constitution: Lessons Froma Lost Opportunity, Austin I. Pulle, Suri Ratnapala

Research Collection Yong Pung How School Of Law

The history of Sri Lanka is highly instructive of the dynamics of constitutional evolution in a post-colonial, multi-ethnic, and economically challenged Asian nation. Sri Lanka is one of the few ex-colonies where constitutional change has happened without military involve ment. Citizens have changed their government10 times by generally fair and free elections. In the first three decades after independence, the country’s judiciary enjoyed an enviable reputation for independence, integrity, and competence.The public service, though poorly re warded and resourced, maintained a praiseworthy standard of administrative impartiality and competence. Sri Lanka had, and still has, one of the highest rates of …

A Recap Of The 2018/19 International Moots Season, Siyuan Chen, Eunice Chua

Research Collection Yong Pung How School Of Law

No abstract provided.

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …

Reflections On Thinking About The Pofma, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

The Singapore Protection From Online Falsehoods and Manipulation Act (POFMA) has generated a considerable amount of interest in the public square. Taking into account the way that public discourse has unfolded thus far, this post will offer a couple of brief reflections as to how one ought to think about the POFMA – indeed, borrowing a key concept from administrative law, this post is primarily concerned with the process of thinking about the POFMA, rather than offering a substantive position on its merits.

What Do Chinese Clients Want?, Ji Li, Wei Zhang

Research Collection Yong Pung How School Of Law

The world’s two largest economies are locked in an escalating trade war, and caught in the crossfire are hundreds of Chinese multinational companies (MNCs) that have made substantial U.S. investments. Facing heightened legal risks in a less hospitable environment, the Chinese MNCs increasingly depend on local lawyers. Yet, their purchase of U.S. legal service, a topic of both practical and theoretical importance, has received little attention. To fill the gap, this article empirically investigates how Chinese companies in the United States select their U.S. legal counsel. By analyzing a unique dataset, the article finds that Chinese MNC managers uniformly prioritize …

Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …

Unjust Enrichment In Asia Pacific, Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Addressing The Auditor Independence Puzzle: Regulatory Models And Proposal For Reform, Aurelio Gurrea-Martinez, Martin Gelter

Research Collection Yong Pung How School Of Law

Auditors play a major role in corporate governance and capital markets. They facilitate firms’ access to financing by creating trust among public investors with efforts to prevent misbehavior and financial fraud by corporate insiders. In order to fulfill these goals, however, in addition to having the adequate knowledge and expertise, auditors should perform their functions in an independent manner. Unfortunately, auditors are subject to conflicts of interest by, for example, providing non-audit services or the mere fact of being hired and paid by the audited company. Therefore, even if auditors act independently, investors have reason to think otherwise. This lack …

International Copyright In Historical Context: Who Are The Real Pirates?, Paul G. St-Pierre

Charleston Library Conference

Copyright is usually justified with arguments about defending the natural right of authors to control their creations, or claims that limited monopolies spur innovation for the greater good of society. I contrarily assert that the primary intent of copyright has generally been to protect powerful industries in advanced countries and ensure control over emerging markets that rely on the importation of intellectual property.

As global trade expanded in the 19th century, a patchwork quilt of domestic copyright laws and bilateral treaties failed to stem rampant infringement that hurt publishers’ export revenues. Re-printers and readers, however, benefited from lower prices. The …

Libraries, Authors, And Literary Estates: The Complex Case Of Rosenbach V. Sendak (2016), Patrick Roughen

Charleston Library Conference

This research examines a lawsuit filed by the Rosenbach Museum and Library of Philadelphia in 2016 against the Estate of Maurice Sendak (1928–2012) to determine the distribution of some of Sendak’s collection of rare books. In the lawsuit, the Rosenbach claimed the executors of the Sendak estate had withheld a portion of the rare books to which it was entitled under Sendak’s will. This paper suggests possible ways in which institutions such as libraries, archives, and museums might anticipate and address some of the ownership-related problems that arise during the acquisition and/or loss of collections of an artist or author …

Measuring Brief (United States Of America), Kayla Race, Gordon Rowe, Sydney Sell

Pace Environmental Law Review Online Companion

No abstract provided.

Measuring Brief (Hexonglobal Corporation), Yliana Trevino-Hawkins, Andrea Reed, Sarah Surgeoner

Pace Environmental Law Review Online Companion

No abstract provided.