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Articles 1 - 16 of 16
Full-Text Articles in Law
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
Regulating New Tech: Problems, Pathways, And People, Cary Coglianese
All Faculty Scholarship
New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways. …
Domestic Asset Protection Trusts: Ushering In The Klackaba Era, Cheyenne Vankirk
Domestic Asset Protection Trusts: Ushering In The Klackaba Era, Cheyenne Vankirk
Seattle University Law Review
The growth in the U.S. economy has allowed Americans to increase their savings--but how? A novel approach has emerged in seventeen states: domestic asset product trusts (DAPTs). DAPTs are self-settled spindthrift trusts that allow the settlor to retain a beneficial interest in the trust while removing it from the reach of future creditors. Through the lens of the favorable ruling in Klackaba v. Nelson, this Note addresses why DAPTs should be regarded as an effective method of protecting a settlor’s money and argue for more states to follow suit.
The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan
The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan
The University of New Hampshire Law Review
The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of convergence …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary Shaw
Gary M. Shaw
No abstract provided.
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary Shaw
Gary M. Shaw
No abstract provided.
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Muko And Conex: The Third Circuit Responds To Connell , Robert A. King, Melvin L. Moser
Pepperdine Law Review
The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern …
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Legal Framework For Soviet Privatization, Olga Floroff, Susan Tiefenbrun
Pepperdine Law Review
No abstract provided.
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Pepperdine Law Review
No abstract provided.
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales
Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales
Fordham Journal of Corporate & Financial Law
Are equity markets vulnerable to a sudden collapse if the traders who account for about half of the volume have no regulatory obligations to stabilize prices? After the “Flash Crash” of May 6, 2010, policymakers have resoundingly answered this question in the affirmative. During the worst of the crash, some of the so-called high-frequency trading firms that dominate equity markets stopped trading and prices collapsed, momentarily wiping out almost $1 trillion in market value. In response, the U.S. Securities and Exchange Commission is considering whether high-frequency trading firms should be required to act as the traders of last resort. This …
Burning Down The House Or Simply Rolling The Dice: A Comment On Section 621 Of The Dodd-Frank Act And Recommendation For Its Implementation, Joshua R. Rosenthal
Burning Down The House Or Simply Rolling The Dice: A Comment On Section 621 Of The Dodd-Frank Act And Recommendation For Its Implementation, Joshua R. Rosenthal
Fordham Journal of Corporate & Financial Law
Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act modifies the Securities Act of 1933 to prohibit the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity of an asset-backed financial product from betting against that very product for one year after the product’s initial sale. The rule prohibits anyone who structures or sells an asset-backed security or a product composed of asset-backed securities from going short, in the specified timeframe, on what they have sold, and labels such transactions as presenting material conflicts of interest. This Comment discusses traces …
Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite Of U.S. Trade Restraints–Recommendations For Economic Revitalization In Indian Country, Angelique Eaglewoman
Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite Of U.S. Trade Restraints–Recommendations For Economic Revitalization In Indian Country, Angelique Eaglewoman
Faculty Scholarship
Tribal commerce created the current highways that stretch from coast-to-coast in North America today. The roads that are traveled by semi-trucks full of cargo, grocery produce, and all manner of commercial goods are on top of the ancient trade routes Natives have traveled for centuries. Unfortunately, the history and sophistication of Native commercial activities have been largely suppressed and left out of the story of the North American continent as Euro-Americans rewrote the continent’s history to reflect the glorification of colonization. The truth is that there was no need for the 'rugged pioneer' to cut through tall grass to head …
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary M. Shaw
Retaliatorily Discharged Employees’ Standing To Sue Under The Antitrust Laws, Gary M. Shaw
Scholarly Works
No abstract provided.
Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle
Antitrust And American Business Abroad, By James R. Atwood And Kingman Brewster, Ernest C. Stiefel, Peter Fuerle
Maryland Journal of International Law
No abstract provided.
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw
Scholarly Works
No abstract provided.