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Commercial Law Commons™

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2004

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Institution
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Articles 31 - 60 of 107

Full-Text Articles in Commercial Law

Known Unknowns: The Delusion Of Terrorism Insurance, Michelle Boardman Apr 2004

Known Unknowns: The Delusion Of Terrorism Insurance, Michelle Boardman

ExpressO

No abstract provided.

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Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk Apr 2004

Russian Draft Law On Special Economic Zones—A Step Forward, But Not Far Enough, Valentin A. Povarchuk

Washington International Law Journal

The situation in the Russian Far East epitomizes the acute need for economic reform and development in Russia. The region boasts an enormous wealth of metals, oil, gas, coal, timber, and marine resources, but has long suffered from excessive dependence on the central government's administration and its accompanying historical neglect. Taking a cue from China's successful use of special economic zones as a means to encourage economic reform, some Russian policy-makers have proposed special economic zones as a means to encourage development. Russia's early laws establishing special economic zones, however, did not produce self-sustaining results due to a lack of …

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The Security Of Securitization And The Future Of Security, Thomas E. Plank Apr 2004

The Security Of Securitization And The Future Of Security, Thomas E. Plank

Cardozo Law Review

No abstract provided.

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Chuck And Steve's Peccadillo, James J. White Apr 2004

Chuck And Steve's Peccadillo, James J. White

Cardozo Law Review

No abstract provided.

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The Death Of Secured Lending, Edward J. Janger Apr 2004

The Death Of Secured Lending, Edward J. Janger

Cardozo Law Review

No abstract provided.

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The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr. Apr 2004

The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.

Cardozo Law Review

No abstract provided.

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Venture Capital Contracting Under The Korean Commercial Code: Adopting U.S. Techniques In South Korean Transactions, Eugene Kim Apr 2004

Venture Capital Contracting Under The Korean Commercial Code: Adopting U.S. Techniques In South Korean Transactions, Eugene Kim

Washington International Law Journal

Because U.S. venture capital contracting techniques are well developed and highly effective, the appeal of adopting such techniques in venture capital transactions outside the United States is enormous to globally minded investors and legal practitioners. South Korea has yet to develop venture capital contracting practices as extensive as those found in the United States. In response to its burgeoning venture capital industry, however, South Korea will likely continue to adopt U.S. venture capital techniques in transactions governed by Korean corporate law. Such transactions can benefit the South Korean venture capital industry, leading to more profitable investments and financially successful companies …

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The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin Apr 2004

The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin

Cardozo Journal of International and Comparative Law

The article examines the legal reforms implemented by the Coalition Provisional Authority (CPA) in post-conflict Iraq, particularly CPA Order No. 39, which liberalizes foreign investment. These reforms are crucial for attracting foreign direct investment (FDI) to revive Iraq's economy, which has been devastated by war, sanctions, and central planning. The article highlights the importance of creating a stable legal environment, including equal treatment for foreign and domestic investors, streamlined corporate governance, and adherence to international standards. However, it also points out gaps in protections against confiscation and the need for further reforms in areas such as business immigration and tax …

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The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr. Apr 2004

The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.

Cardozo Law Review

No abstract provided.

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Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg Mar 2004

Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg

ExpressO

The author reviews Geva, Bank Collections and Payment Transactions (Oxford University Press, 2001). The book is the first comprehensive work on the comparative law of checks and electronic funds transfers, and attempts to identify a universal "law merchant" governing checks and electronic funds transfers in these bodies of law.

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The Importance Of Corporate Models, Benedict C. Sheehy Mar 2004

The Importance Of Corporate Models, Benedict C. Sheehy

ExpressO

This article argues that the debate concerning the nature of the corporation is not finished and nor a mere intellectual exercise for interested legal academics. The current model of the corporation as an economic entity—the firm—has a number of imbedded value assumptions. Given the common territory between corporate law and economics, some scholars have come to identify the two as equal partners striving for the same ends. This is a serious error which has had and continues to have significant negative consequences for both the economic situation of the majority and justice in society. These value assumptions are being seriously …

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Making Sense Of Payments Policy In The Information Age, Ronald J. Mann Mar 2004

Making Sense Of Payments Policy In The Information Age, Ronald J. Mann

ExpressO

No abstract provided.

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A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo Mar 2004

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.

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Beyond "Unlimiting" Shareholder Liability: Vicarious Tort Liability For Corporate Officers, Timothy P. Glynn Mar 2004

Beyond "Unlimiting" Shareholder Liability: Vicarious Tort Liability For Corporate Officers, Timothy P. Glynn

Vanderbilt Law Review

Debate continues to rage over limited shareholder liability and the social costs it imposes.' While proposals flourish for imposing liability on shareholders to reduce these costs, little attention has been devoted to a more promising solution: vicarious tort liability for high- ranking corporate officers. Limited shareholder liability produces benefits, but it also inflicts costs, including encouraging excessively risky corporate activity. These costs are most pronounced in the tort context because potential tort victims rarely can protect themselves by monitoring corporate activities or bargaining with corporate actors. Commentators disagree on limited shareholder liability's net impact on social utility and what, if …

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The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins Mar 2004

The Increasing Acceptance Of The Restatement (Third) Risk Utility Analysis In Design Defect Claims, Cami Perkins

Nevada Law Journal

No abstract provided.

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Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem Feb 2004

Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem

ExpressO

Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …

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Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris Feb 2004

Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris

All Faculty Scholarship

No abstract provided.

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Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor Jan 2004

Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor

Syracuse Journal of International Law and Commerce

This Note focuses on the accountability of multinational corporations that commit human rights violations abroad. More specifically, this note will focus on whether Exxon Mobil, who reported approximately $210 billion in revenue and was listed by Fortune as the largest publicly held corporation for the year 2000, may be held liable under the Alien Torts Claim Act ("ATCA") for knowingly supporting the egregious behavior of the Indonesian military. Part I of this Note explores the scope of the corporate human rights problem. Part II discusses the birth of multinational corporations ("MNCs"). Part III examines the history of the A TCA …

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2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj Jan 2004

2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj

Syracuse Journal of International Law and Commerce

In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the …

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International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler Jan 2004

International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler

Syracuse Journal of International Law and Commerce

This article seeks to draw attention to the importance of understanding and mitigating the risks associated with the broad sweep of U.S. money laundering laws for persons pursuing new business relationships, such as new ventures in emerging markets. This article first examines the technical aspects of U.S. money laundering laws in the context of international transactions, and then provides recommendations for measured due diligence and other steps that work to reduce exposure to them by complying with the law's implicit "know your partner" requirement.

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Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre Jan 2004

Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre

Syracuse Journal of International Law and Commerce

The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the world; To conduct research relating to the law and governance of Indigenous nations in the United States and Canada; To provide technical assistance to Indigenous nations in the United States and Canada seeking to reform their governing institutions and administrative laws, as well as federal, state, local, and …

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What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano Jan 2004

What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano

Syracuse Journal of International Law and Commerce

The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This raises the next question: what kind of jurisdiction do returning removed tribes have, and, given that removal policy across the country, can these types of cases arise in any number of states?

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Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson Jan 2004

Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson

Syracuse Journal of International Law and Commerce

This Note has been separated into five parts. Part I summarizes the history of whaling, details Norwegian contributions to the whaling industry, and outlines the formation and transformation of the International Whaling Commission. Part II discusses the legality of Norwegian whaling, enforcement failures within the International Whaling Commission, and exceptions to international law that legalize Norwegian whaling. Part III illustrates the negative effect of Norwegian whaling on Norway's relationship with the European Union and the potential effect that whaling could have on other Nordic countries. Part IV examines the future of Norwegian whaling and contemplates the possibility of Norway discontinuing …

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2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In Magan v. Lufthansa German Airlines, the plaintiff appealed the granting of summary judgment in favor of the defendant, Lufthansa German Airlines [hereinafter Lufthansa]. The complaint arose out of an incident that occurred on an aircraft destined for Sofia, Bulgaria on March 27, 1997.2 Plaintiff claimed that, following the pilot's announcement to be seated, some turbulence caused him to hit his head on an overhang. As a result of the impact, Plaintiff Magan broke his nose and "dislodged a dental bridge from his mouth.'' Additionally, Magan complained of blurred vision and claimed he blacked out as a result of striking …

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America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell Jan 2004

America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell

Syracuse Journal of International Law and Commerce

Part I of this note evaluates human embryonic stem cell research, including an explanation of the potential benefits of this procedure and the ethical debates surrounding this type of research. Part I also identifies the legal approach to human embryonic stem cell research currently used in the U.S. Next, Part I addresses therapeutic cloning. First, therapeutic cloning is explained and then distinguished from reproductive cloning. Second, Part I discusses the ethical concerns that arise from therapeutic cloning. Third, Part I outlines the current U.S. legal approach to therapeutic cloning. Part II of this note explains the British approach to both …

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2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In Abrams v. Societe Nationale des Chemis de Fer Francais, 332 F .3d 173 (2002), plaintiff brought suit this individually and on behalf of other Holocaust victims and such heirs against the French International Railroad, Societe Nationale des Chemis de Fer Francais [hereinafter SNCF] for actions arising out of the operation of trains which transferred thousands of French civilians to Nazi concentration camps. The allegation stated that SNCF violated customary international law by committing crimes against humanity and acts of war crimes.

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Front Matter Jan 2004

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi Jan 2004

2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi

Syracuse Journal of International Law and Commerce

In United States of America v. Schultz, the United States Court of Appeals for the Second Circuit examined whether conspiring to take antiquities that were owned by the Government of Egypt under Egyptian Law 117 violates the National Stolen Property Act [hereinafter NSPA]. In analyzing this issue, the Second Circuit analyzed the law of Egypt- Law 117, the meaning of the term stolen, and the Fifth Circuit's definition of the NSP A. The Second Circuit found in this case that the Egyptian antiquities were stolen within the meaning of 18 U.S.C. § 2315, NSPA. To support this finding, the Second …

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2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In United States v. Dinero Express, Inc., the Second Circuit Court of Appeals was required to decide whether the remittance scheme, viewed as an entire process, qualifies as "transfer" under § 1956(a), despite the fact no money was wired from the United States to the Dominican Republic. The Court of Appeals affirmed the trial court's holding stating that the actions of defendant qualified as a "transfer."

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Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale Jan 2004

Putting Sec Heat On Corporate Tax Shelters And Audit Firms: Responding To Tax Risk With Sunshine, Shame And Strict Liability, Linda M. Beale

Law Faculty Research Publications

No abstract provided.

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