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E-Museletter: November 2019, William Taylor Muse Law Library

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Getting to Know You: Mei Kiu Lo

Vol. 57, No. 10 (November 4, 2019)

Indiana Law Annotated

No abstract provided.

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …

Offering Bonds As A Financial Instrument, Joanna Róg-Dyrda

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

The bonds are securities qualified under financial regulations as financial instruments. The subject of the article is the issue of bond trading and changes that have occurred in connection with the implementation of MIFID II, the strengthening of supervision over non-public issues and those resulting from the entry into force of new EU legislation. The author tries to analyze the changes introduced in the context of the goal pursued by the legislator.

Infringement Of Collective Interests Of Consumers During A Private Offering Of Bonds, Wojciech Nowosad

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

The subject of this paper is the assessment of possibility and forms of infringement of the collective interests of consumers during a private offering of bonds. Recent events on the Polish capital market have shown that the consumers investing their funds on this market are exposed to entrepreneurs’ actions which may infringe their interests. In this context it should be assessed whether entrepreneurs’ actions may lead to infringement of collective interests of consumers, and if yes, to which examples of infringements described under the respective provisions of Polish law such infringements may apply and what forms such infringements may have. …

Issuers’ Obligations Related To The Issue, Servicing And Redemption Of Bonds – Selected Issues, Rafał Woźniak

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

This article discusses selected issues related to the disclosure requirements of bond issuers. The article is divided into three main parts corresponding to three categories of disclosure requirements. The first category is the information provided in connection with the bond issue process. The author discussed in this respect in particular the scope of information provided in the terms and conditions of bonds. The second group consists of obligations imposed by law on issuers during the period until redemption of bonds. As indicated in the article, the scope of such information is not extensive and does not pose any difficulties for …

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.

Insta-Sham: When Influencers Fail To Disclose Sponsorships, Spencer Brachfeld

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

First, a caveat: I do not exactly have an Instagram. It is true that I am in possession of a blank account that I infrequently use to keep tabs on a whopping 28 followers, but I nevertheless often “like” a picture by double-tapping it, when my intention is to use the “zoom” function. Evidently, it is safe to say that I have not ingratiated myself within the everyday happenings of Instagram influencer-fare – and yet, even I am aware of how lucrative the Instagram influencer economy is. In 2018, over 3.7 million sponsored posts were made on Instagram, and that …

On The Available Modes Of Bond Issue, Jarosław Szewczyk

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

The subject of the article is the analysis of regulations regulating the permissible “modes” of bond issue in the context of the provisions of the Prospectus Regulation, i.e. Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market and repealing Directive 2003/71/EC. Since 21 July 2019, a new regime for public offering of securities has appeared in the Polish legal system. The new legal act not only changed the rules for drawing up prospectuses, …

Lt. Col. Vindman Is A Patriot, Joshua E. Kastenberg

Faculty Scholarship

Op-ed: Kastenberg discusses how it is the duty of a commissioned officer to report activity they consider legally questionable and it is within their duty to testify before Congress.

Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed

Public Land & Resources Law Review

In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.

The Impact Of Ballast Water Management Convention On Combating Invasive Species In Turkey (Black Sea), Yusuf Koray Küçük

World Maritime University Dissertations

No abstract provided.

Strengths And Weaknesses Of The Legal Strategies To Combat Sea Piracy In Nigeria, Siraja Zamfara Ibrahim

World Maritime University Dissertations

No abstract provided.

Saudi Arabia And Regional Cooperation Agreements Against Transnational Maritime Crime : Recaap And Dcoc In Perspective, Feras Alsulaiman

World Maritime University Dissertations

No abstract provided.

Analysis Of Ship Clearance In The Maldives : Trade Facilitation Perspective, Zoona Ahmed

World Maritime University Dissertations

No abstract provided.

The Methodologist For Regulation A New Policy Of Ship Recycling In Indonesia Based On Hkc 2009, Hadi Prabowo

World Maritime University Dissertations

No abstract provided.

An Analysis Of The Challenges Hindering The Nigerian Cabotage Act, Abimbola Augustina Osemwegie

World Maritime University Dissertations

No abstract provided.

The Implementation Of The Joint Development Of Greater Sunrise Special Regime Under The 2018 Timor Sea Maritime Boundaries Treaty Between Timor-Leste And Australia, Melkiades Laot

World Maritime University Dissertations

No abstract provided.

Logistics Performance And Its Impact To Exports Growth Of Sri Lanka, Sebastian Shanika Roshini

World Maritime University Dissertations

No abstract provided.

Comparative Analysis Of The Legal Framework That Regulates The Port Concession Scheme In Colombia And Chile With Emphasis On The Regulatory Functions Of The Port Authority, Simdy Calderon, Reynaldo Rojas

World Maritime University Dissertations

No abstract provided.

Legal Analysis Of National Law On Wrecks And Abandoned Ships In Turkish Waters Within The International Legal Framework, Safiye Tecen

World Maritime University Dissertations

No abstract provided.

The Role Of Port Authority In Hybrid Governance Structure : A Comparative Case Study Of Laem Chabang Port And Bangkok Port, Thailand, Yatimaporn Poontai

World Maritime University Dissertations

No abstract provided.

The Interpretation Of The Regime Of Islands : Application To Okinotorishima, Yuta Arai

World Maritime University Dissertations

No abstract provided.

Impact Of Umm Qasr Port On Iraqi Trade : Case Study Of Container Terminal In Umm Qasr Port, Asaad Saeed Desher

World Maritime University Dissertations

No abstract provided.

The Doctrine Of Discovery, Latinxo Theoethics, And Human Rights, Nestor Medina

Journal of Hispanic / Latino Theology

No abstract provided.

Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Vol. 11, No. 1, Fall 2019, Northern Illinois University Law Review

Northern Illinois Law Review Supplement

No abstract provided.

The People V The Patents And Companies Registration Agency Ex-Partes Finsbury Investment Limited And Zambezi Portland Cement Limited 2017/Ccz/R003 Selected Judgment No. 28 Of 2018, Chanda Chungu

SAIPAR Case Review

The dispute related to how to commence judicial review proceedings in Zambia. The applicant in this matter commenced judicial review proceedings in the High Court of Zambia by way of applying for leave. In between the period after the High Court granted leave to hear the merits of the judicial review and the hearing date, the Patents and Companies Registration Agency (PACRA), the Respondent filed an application to discharge the leave granted. It was at this point that the Applicants filed summons, to have the matter referred to the Constitutional Court to determine whether or not the requirement for leave …

Oversight Failure In Securities Markets, Yesha Yadav

Cornell Law Review

According to statute, securities exchanges play an essential role in ensuring compliance with applicable laws and industry standards. Long imagined as unique in their institutional capacity to bring traders together, collect information and exclude problem participants from the marketplace, exchanges have offered an efficient source of private discipline for public regulators. The classic conception of the exchange, however, no longer holds true in today's markets. Rather than concentrate activity within a handful of exchanges, equity markets are fragmented across a network of thirteen exchanges and around forty lightly regulated, off-exchange alternative venues (colloquially, "dark pools"). This Article shows that the …

Corporate Oversight And Disobedience, Elizabeth Pollman

Vanderbilt Law Review

This Article explores the public-regarding purpose of the obedience and oversight duties in corporate law and provides a descriptive account of how they are applied in practice. The Article argues that the fidelity to external law required by the duty of good faith largely serves a legitimizing role for corporate law. Expressing obligations of legal compliance and oversight within corporate law acknowledges societal interests in the rule of law and preserves the ability of courts to flexibly respond to particularly salient and egregious violations of public trust, should they arise, without upending case law developed over decades.

Further, this Article …

After Corwin: Down The Controlling Shareholder Rabbit Hole, Ann M. Lipton

Vanderbilt Law Review

As Delaware has developed its doctrine with respect to controlling shareholders, its view of their relationship to directors has evolved. This evolution has produced some pronounced inconsistencies with respect to the weight placed on director approval of controlling shareholder action. The recent Delaware Supreme Court decisions in Corwin v. KKR Financial Holdings LLC, Kahn v. M & F Worldwide Corp., and C & J Energy Services, Inc. v. City of Miami General Employees’ and Sanitation Employees’ Retirement Trust introduced further uncertainty into the mix by making the determination as to whether a transaction involves a controlling shareholder practically outcome determinative …