Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (43)
- Business Organizations Law (19)
- Contracts (14)
- Comparative and Foreign Law (12)
- Litigation (10)
-
- Legislation (9)
- Banking and Finance Law (8)
- Consumer Protection Law (8)
- Secured Transactions (8)
- Law and Economics (7)
- Bankruptcy Law (6)
- Dispute Resolution and Arbitration (6)
- Economics (6)
- International Trade Law (6)
- Internet Law (6)
- Jurisprudence (6)
- Legal Profession (6)
- Social and Behavioral Sciences (6)
- Legal History (5)
- Securities Law (5)
- Torts (5)
- Courts (4)
- Intellectual Property Law (4)
- Law and Society (4)
- Property Law and Real Estate (4)
- Antitrust and Trade Regulation (3)
- Insurance Law (3)
- Jurisdiction (3)
- Institution
-
- Syracuse University (29)
- BLR (15)
- UIC School of Law (12)
- Yeshiva University, Cardozo School of Law (9)
- Duke Law (5)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- University of Washington School of Law (4)
- University of Michigan Law School (3)
- Vanderbilt University Law School (3)
- Brigham Young University Law School (2)
- Loyola University Chicago, School of Law (2)
- University of San Diego (2)
- University of the District of Columbia School of Law (2)
- Association of American Law Schools (1)
- Boston University School of Law (1)
- Chicago-Kent College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Northwestern Pritzker School of Law (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas Little Rock (1)
- University of Georgia School of Law (1)
- University of Oklahoma College of Law (1)
- Wayne State University (1)
- William & Mary Law School (1)
- Keyword
-
- Commercial Law (18)
- Corporations (6)
- Economics (6)
- Banking and Finance (5)
- Comparative and Foreign Law (5)
-
- Contracts (5)
- ECommerce (5)
- International Law (5)
- Law and Economics (5)
- General Law (4)
- Uniform Commercial Code (4)
- Contents (3)
- Dispute Resolution (3)
- Editorial board of advisors (3)
- Law and Society (3)
- UCC (3)
- Article 2 (2)
- Bankruptcy Law (2)
- China (2)
- Contract formation (2)
- Corporate law (2)
- Inc. (2)
- Insurance Law (2)
- International Trade (2)
- Iraq (2)
- Jurisprudence (2)
- Law and economics (2)
- Law reform (2)
- Legal Ethics (2)
- Property-Personal and Real (2)
- Publication
-
- Syracuse Journal of International Law and Commerce (29)
- ExpressO (14)
- UIC Law Review (11)
- Cardozo Law Review (6)
- Duke Law & Technology Review (5)
-
- Scholarly Works (3)
- Washington International Law Journal (3)
- Articles (2)
- BYU Law Review (2)
- Cardozo Journal of Conflict Resolution (2)
- Faculty Publications & Other Works (2)
- Faculty Scholarship (2)
- Nevada Supreme Court Summaries (2)
- University of the District of Columbia Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- Akron Law Faculty Publications (1)
- All Faculty Scholarship (1)
- Cardozo Journal of International and Comparative Law (1)
- Faculty Publications By Year (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal of Legal Education (1)
- LLM Theses and Essays (1)
- Law Faculty Research Publications (1)
- Nevada Law Journal (1)
- Northwestern Journal of International Law & Business (1)
- Oklahoma Law Review (1)
- San Diego International Law Journal (1)
- Supreme Court Preview (1)
- The Ohio State University Moritz College of Law Working Paper Series (1)
- UIC Law Open Access Faculty Scholarship (1)
- Publication Type
Articles 61 - 90 of 107
Full-Text Articles in Commercial Law
When Good Tax Law Goes Bad: Stanley Works' Recent Dilemma And How The Internal Revenue Code Disadvantages U.S. Multinational Corporations Forcing Their Flight To Foreign Jurisdictions, Heather Campbell
Syracuse Journal of International Law and Commerce
This article will attempt to describe how the U.S. international tax system hinders the competitiveness of U.S.-based multinational corporations in the global economy by increasing their economic burdens. Additionally, this article will discuss how these corporations have expatriated themselves to lower tax jurisdictions to increase competitiveness in the global market. The Stanley Works Corporation's recent proposal to reincorporate in Bermuda to decrease its own tax liability will be used as an example. Part I of this article provides a brief overview of the two main methods employed by countries to tax income derived by its own corporations from their operations …
Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan
UIC Law Review
No abstract provided.
Counting The Cash: Disclosure And Cash Balance Plans, 37 J. Marshall L. Rev. 849 (2004), Dana M. Muir
Counting The Cash: Disclosure And Cash Balance Plans, 37 J. Marshall L. Rev. 849 (2004), Dana M. Muir
UIC Law Review
No abstract provided.
Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov
Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov
UIC Law Review
No abstract provided.
"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen
UIC Law Review
No abstract provided.
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
UIC Law Review
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota
UIC Law Review
No abstract provided.
David Pays For Goliath's Mistakes: The Costly Effect Sarbanes-Oxley Has On Small Companies, 38 J. Marshall L. Rev. 671 (2004), Nathan Wilda
David Pays For Goliath's Mistakes: The Costly Effect Sarbanes-Oxley Has On Small Companies, 38 J. Marshall L. Rev. 671 (2004), Nathan Wilda
UIC Law Review
No abstract provided.
The Interpretive Turn In International Sales Law: An Analysis Of Fiften Years Of Cisg Jurisprudence, Larry A. Dimatteo, Lucien Dhooge, Stephanie Greene, Virginia Maurer
The Interpretive Turn In International Sales Law: An Analysis Of Fiften Years Of Cisg Jurisprudence, Larry A. Dimatteo, Lucien Dhooge, Stephanie Greene, Virginia Maurer
Northwestern Journal of International Law & Business
The United Nations Convention on Contracts for the International Sale of Goods ("CISG") was adopted on April 11, 1980, under the auspices of the United Nations Commission on International Trade Law ("UNCITRAL"). The focus of this article is not whether the CISG mandates or should mandate absolute uniformity of application. The literature on this subject is quite extensive.15 Instead, this article recognizes that many CISG provisions are the product of compromise and thus we ask whether these compromises have proven to be effective or have resulted in a chaotic jurisprudence. How have the articles of the CISG actually been interpreted …
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
UIC Law Review
No abstract provided.
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird
UIC Law Review
No abstract provided.
Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson
Securities Law: Proxies Pull Mutual Funds Into The Sunlight: Mandatory Disclosure Of Proxy Voting Records, H. Anne Nicholson
Oklahoma Law Review
No abstract provided.
Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben
Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben
Cardozo Journal of Conflict Resolution
Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray
UIC Law Review
No abstract provided.
Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner
University of Arkansas at Little Rock Law Review
No abstract provided.
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Charging The Jury On Damages In Personal-Injury Cases: How New York Can Benefit From The English Practice, Charles D. Cole Jr
Syracuse Journal of International Law and Commerce
The trial of a personal-injury case to a jury is fraught with uncertainty. Uncertainty stems from whether the plaintiff will prevail (and whether the jury will find the defendant at fault) and the amount of damages. Personal injuries, such as a broken ankle or a busted knee, do not translate well into specific dollar awards. Awarding a sum of money for a personal injury is firmly rooted in the law and is the only means available to compensate the plaintiff for a loss. These means are entrusted to the jury beginning at jury selection and continuing throughout the trial. trial …
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
The Legal Arguments In The Seneca-Cayuga Tribe Bingo Hall, Daan Braveman
Syracuse Journal of International Law and Commerce
The Seneca-Cayuga Tribe of Oklahoma brought a lawsuit in federal court against the Town of Aurelius and some other defendants. That lawsuit, as much as any lawsuit that I know of that has been decided in the past, presents the issue that we are confronted with today and that is: What is the right of people to return, and what kind of jurisdictional controls can they have over the land once they return?
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Syracuse Journal of International Law and Commerce
This paper will include five parts: Part I will clearly examine China's obligations under the General Agreement on Trade in Service and its WTO commitments through official WTO documents. Part II will briefly introduce the history of China's insurance business and relevant legislation, discuss the recent rapid growth in the Chinese insurance market, and reveal that, although the legal reform in insurance law and related regulations has been initiated, other reforms are still necessary to back the continuing growth of the insurance market. Part III will examine whether the Insurance Law of 2002 and related regulations have conformed with all …
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Does The Right Of Self-Determination Include A Right To A Homeland?, Allison M. Dussias
Syracuse Journal of International Law and Commerce
I would like to spend some time pinning down some of the legal support for this proposition that the right of self-determination has to include the right to a homeland. The starting point is defining self-determination. What do we mean by self-determination? What do we mean by the right of self-determination? Once we define that then we can think more about how the idea of a homeland fits into that broader concept of self-determination.
The War In Iraq And Imf Reform, S. Brock Blomberg
The War In Iraq And Imf Reform, S. Brock Blomberg
Syracuse Journal of International Law and Commerce
IMF is largely failing in its mission to address economic stability. However, the Commission unanimously supported a proposal maintaining that the IMF continues to restrict short-term crises assistance. Why limit IMF assistance? Since the IMF provides funds to countries in need, the expectation of such assistance creates moral hazard or incentives that encourage reckless behavior and bad policies for countries. In other words, countries may not make necessary economic reforms because they believe that the IMF will bail them out during difficult times, especially if there is an important strategic interest in preventing a country from economic crisis. good economic …
Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai
Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai
Syracuse Journal of International Law and Commerce
Part I of this article develops Nigeria's history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari'a Law. Part II describes current international law as well as Nigeria's international commitments under three specific treaties. The three treaties discussed are the Convention on the Elimination of all forms of Discrimination Against Women ("CEDA W"), the Optional Protocol to CEDA W ("The Protocol"), and the Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). Part III details how Shari'a Law conflicts with Nigeria's commitments under the treaties …
Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.
Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.
Syracuse Journal of International Law and Commerce
This article evaluates the political trusteeship in Iraq, and concludes that the United States failed to apply many lessons that the international community learned from preceding political trusteeships, and that the result is likely to be a serious unraveling of important, though intangible, sources of leverage for U. S. foreign policy and national security. The Iraq intervention has distracted attention from more important foreign policy objectives, including the urgent effort to understand the genesis of terrorism and to mobilize American resources to reduce the terrorist threat, while working through multilateral frameworks. Accomplishment of these is necessary for achieving important foreign …
2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp
2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp
Syracuse Journal of International Law and Commerce
In Films By Jove, Inc. v. Berov, the United States District Court for the Eastern District of New York recognized the sovereignty and independence of the United States judiciary in the international arena. In its decision, the Court acknowledged the pervasive corruption in the Russian legal system and revealed an interest in protecting United States business interests. In disregarding the decision of the High Arbitrazh Court of the Russian Federation, Russia's court of last resort, the Court discounted international principles of comity. In doing so, the Court conveyed intolerance for corruption. Future opinions will therefore rely on this decision in …
2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi
2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi
Syracuse Journal of International Law and Commerce
In Mu-Xing Wang v. John Ashcroft, the United States Court of Appeals for the Second Circuit announced that they had not set forth a test as to how the Board of Immigration Appeals should apply the facts to the relevant law in habeas review petitions. A specific test was not outlined, because the court decided that the Board of Immigration Appeals [hereinafter BIA] applied the facts properly to the law in Wang's Convention Against Torture claim. Furthermore, on the due process claim, in looking at whether Wang has been denied his due process rights under the Fifth Amendment of the …
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai
Syracuse Journal of International Law and Commerce
The debate over international jurisdiction has even extended to the United States, where the Second Circuit ruled that the United States, and specifically the State of New York, had jurisdiction over the 1993 World Trade Center attackers, and that jurisdiction did not arise under the principles of universal jurisdiction, but rather under the extraterritorial jurisdiction principle, the protective principle, the passive personality principle, and the objective territoriality principle of customary international law. This survey will cover only the international law implications of United States v. Yousef Facts and issues are limited to that subject matter. This case is a combination …