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Articles 61 - 90 of 94
Full-Text Articles in Commercial Law
Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon
Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii
Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii
Legislation and Policy Brief
In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four years of …
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Credit Default Swaps And Clearing, Nazanin Baseri
Credit Default Swaps And Clearing, Nazanin Baseri
Legislation and Policy Brief
In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …
Letter From The Editor, Dana Renee Bucy
The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas
The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas
Arbitration Brief
No abstract provided.
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz
Arbitration Brief
No abstract provided.
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez
Arbitration Brief
No abstract provided.
Careers In International Commercial Arbitration, Safina Lakhani
Careers In International Commercial Arbitration, Safina Lakhani
Arbitration Brief
No abstract provided.
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales
Arbitration Brief
No abstract provided.
Implementation Of The New York Convention In China, Xiaohong Xia
Implementation Of The New York Convention In China, Xiaohong Xia
Arbitration Brief
No abstract provided.
Letter From The Editor, Dana Renee Bucy
Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel
Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel
Arbitration Brief
No abstract provided.
Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk
Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk
Arbitration Brief
No abstract provided.
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Arbitration Brief
No abstract provided.
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer
Arbitration Brief
No abstract provided.
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David
Arbitration Brief
No abstract provided.
Securitization And Suburbia, Heather Hughes
Securitization And Suburbia, Heather Hughes
Scholarly Articles in Law Reviews & Journals
This Article explores the relationship between one typical form of real estate development finance-the securitized mezzanine loanand one controversial phenomenon-suburban sprawl. It asks foundational questions about the connection between financial transactions and real-world applications of the capital they raise. In this work, sprawl serves as an example of an environmental consequence of applications of capital raised with a common form of transaction. This Article considers the extent to which commercial finance laws release forceful incentives driven by capital markets upon land use decisions, potentially undermining the collective, morally informed determination such decisions require. It rejects the aesthetic aversion to looking …
Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes
Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Counterintuitive Thoughts On Legal Scholarship And Secured Transactions, Heather Hughes
Counterintuitive Thoughts On Legal Scholarship And Secured Transactions, Heather Hughes
Scholarly Articles in Law Reviews & Journals
No abstract provided.
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
Scholarly Articles in Law Reviews & Journals
No abstract provided.
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs
American University International Law Review
No abstract provided.
Disneyworld Is Not Enough, Kenneth Anderson
Disneyworld Is Not Enough, Kenneth Anderson
Book Reviews
Review of The Mouse That Roared: Disney and the end of innocence, by Henry A. Giroux. Rowman and Littlefield, 12 Hid's Copse Road, Cumnor Hill, Oxford This essay reviews a book of cultural criticism directed against what the author, Henry Giroux, regards as the corporate manipulation of culture, particularly the culture of children, by corporate interests, particularly the Disney company. The review argues that, contrary to Giroux's argument, Disney and such corporations relentlessly press the message of American left-liberal politically correct piety.
The Uses Of New Capital Markets: Electronic Commerce And The Rules Of The Game In An International Marketplace , Andrea M. Corcoran
The Uses Of New Capital Markets: Electronic Commerce And The Rules Of The Game In An International Marketplace , Andrea M. Corcoran
American University Law Review
No abstract provided.
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Legal Architecture Of Virtual Stores, Walter Effross
The Legal Architecture Of Virtual Stores, Walter Effross
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: A major "selling point" of the World Wide Web is its ability to offer a "virtual storefront" to anyone, from an individual to a multinational corporation, with a product to market. Commercially available software packages enable even those computer users who are not versed in the intricacies of programming to create customized Web sites quickly, and at a relatively low cost. The swift development of this technology and a cultural shift towards encouraging on-line commerce have led to dramatic growth in the demographics and dollar amounts of the on-line marketplace, which in turn offers a challenging new context for …
The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson
The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson
Book Reviews
This 1997 review in the Times Literary Supplement (London) conjoins two books - the first, by investment banker turned finance historian Peter L. Berstein, is a history of the idea of risk, as it developed from Renaissance times through contemporary finance. The second, by the former editor of the derivatives journal Risk, Lillian Chew, is an account of contemporary financial derivatives and their uses and abuses. The point of linking these two books in a single review is to point out that the basic ideas behind today's financial derivatives - forms of forwards, options, swaps, and so on - are …
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Three Roles For The Private Equity Market In Foreign Investments: Comment On Mailander's "Seraching For Liquidity", Kenneth Anderson
Three Roles For The Private Equity Market In Foreign Investments: Comment On Mailander's "Seraching For Liquidity", Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Christopher J. Mailander's discussion of the private equity market identifies what is, by most measures, the central concern of equity investors in foreign enterprises-how to get out of a foreign investment after getting in it.' His strategy for resolving this problem is to make available the liquidity necessary for an investor to exit a foreign investment by tapping the United States capital markets. This can be accomplished, according to Mailander, through the use of American Depositary Receipts (ADRs) on the private equity markets and through the private equity markets themselves. It seems evident that the capital markets have adopted this …