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Articles 61 - 90 of 115
Full-Text Articles in Commercial Law
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
2004-2005 Survey Of International Law In The Second Circuit, Nancy A. Noonan
Syracuse Journal of International Law and Commerce
This survey reviews significant case law from the United States Court of Appeals for the Second Circuit, the Federal District Courts in New York, and the New York Court of Appeals decided from July 1, 2003 through June 30, 2004. Those cases which overturned old law and/or broke new ground were included in this survey. Consequently, cases that simply reaffirmed previous decisions were not reported.
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
The Sarbanes-Oxley Act: A Detriment To Market Globalization & International Securities Regulation, W. C. Mclean
Syracuse Journal of International Law and Commerce
This Note illustrates, in light of current market globalization, how SOx is a detriment to market globalization, and how the International Organization of Securities Commissions ("IOSCO") is better suited than the SEC to govern and regulate international securities trading. First, this paper defines and examines market globalization, as well as U.S. and non-U.S. involvement (i.e., foreign involvement) in market globalization. Second, it addresses the means by which Congress regulates U.S. securities markets, specifically focusing on SOx and its affect on foreign companies traded on U.S. securities exchanges. Finally, this paper considers which regulatory body, the SEC or the IOSCO, would …
Democracy And The Arab World, David Shomar
Democracy And The Arab World, David Shomar
Syracuse Journal of International Law and Commerce
In the pursuit of spreading democracy (constitutional democracy) in the Arab world, a worthy goal in abstract terms, we should start by defining democracy. I found it more enlightening and necessary to dismiss certain false perceptions about what democracy is, before determining what a democracy might mean to us, let alone other cultures.
On Democratic Personalities, Robert W. Daly
On Democratic Personalities, Robert W. Daly
Syracuse Journal of International Law and Commerce
In Part I, I describe and discuss the ideal traits of a democratic personality, note the contribution of education to the acquisition of these traits, and describe other immature traits of personality that impede or preclude the emergence of a democratic personality. In Part II, I note how the traits of a democratic personality are or are not acquired through the processes of identity formation in late adolescence and early adulthood. Finally, I contrast the ideal traits of a democratic personality with other traits that can frustrate attempts to develop a democracy but which can contribute to successful adaptation in …
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell
Syracuse Journal of International Law and Commerce
Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy
Syracuse Journal of International Law and Commerce
This article briefly discusses the Democratic Charter-its creation, its perhaps murky legal status, and Chapter IV. But I have added new developments that took place after the ASIL meeting which further indicate the Democratic Charter represents an important expression of the progressive development of international law. Democratic government is required for every country in the Western Hemisphere. 8 But the Democratic Charter takes this internal domestic right and establishes it as an external collective right as well. The first article of the Democratic Charter clearly states that it is "[t]he peoples of the Americas [who] have a right to democracy …
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry
Syracuse Journal of International Law and Commerce
In the last 25 years, however, the Member States of the Organization of American States have allowed democracy to play an even stronger role in the operation of the Organization. Several resolutions, declarations, and an amendment to the OAS Charter have made a non-democratic transition of government a ground for suspension of a Member State's right to participate in either the Organization of American States or Summit of the Americas. This process started with Resolution 1080 on "Representative Democracy" in 1991, and was further grounded and developed in the Protocol of Washington of 1992, the Declaration of Quebec City of …
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick
Syracuse Journal of International Law and Commerce
The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer
Syracuse Journal of International Law and Commerce
The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty
Syracuse Journal of International Law and Commerce
Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …
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.
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi
UIC Law Review
No abstract provided.
"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy
UIC Law Review
No abstract provided.
A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana
A Question Of Justice: The Wto, Africa, And Countermeasures For Breaches Of International Trade, 38 J. Marshall L. Rev. 1153 (2005), Nsongurua J. Udombana
UIC Law Review
No abstract provided.
The Applicability Of Constructive Eviction, Implied Warranty Of Habitability, Common-Law Fraud, And The Consumer Fraud Act To Ommissions Of Material Facts In A Commercial Lease, 38 J. Marshall L. Rev. 1289 (2005), Robert W. Gray
UIC Law Review
No abstract provided.
Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan
Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan
UIC Law Review
No abstract provided.
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
UIC Law Review
No abstract provided.
An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy
An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy
UIC Law Review
No abstract provided.
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
UIC Law Review
No abstract provided.
Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep
Injunctions Against Liquidation In Trade Remedy Cases: A Petitioner's View, 39 J. Marshall L. Rev. 45 (2005), Jeffrey M. Telep
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Breaking The Chain Of Violence In Israel And Palestine: Suicide Bombings And Targeted Killings Under International Humanitarian Law, Demian Casey
Syracuse Journal of International Law and Commerce
This note examines the legal justifications for these acts under international humanitarian law, in order to determine whether the law is sufficient to break the chain of suicide bombings and retaliatory assassinations in Israel and Palestine. The legal status of the suicide bombing of Egged Bus 32A and the retaliatory assassination of Shehadeh are examined as typical instances of violence that have marked the al-Aqsa Intifada. The attacks are analyzed to determine how the law should be applied to prevent this violence. Part I provides background information on the suicide bombing and retaliatory assassination. Part II discusses international humanitarian law …
State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel
State Consumer Protection Statutes: An Alternative Approach To Solving The Problem Of Predatory Mortgage Lending, Jessica Fogel
Seattle University Law Review
This article continues in Part II by defining predatory lending practices, identifying borrowers who are likely to face predatory lenders, and discussing the consequences of predatory lending. Next, Part III provides a background for existing federal regulation, again in reference to RESPA and TILA. Part IV discusses state legislative efforts to curb predatory lending and identifies the problems of inconsistency and federal exemptions that undermine these state statutes. Part V examines the elements of state consumer protection acts and unfair and deceptive acts or practices ("UDAP") statutes and their application to predatory practices. Part VI argues that, because consumer protection …
A Seller's Responsibilities To Remote Purchasers For Breach Of Warranty In The Sales Of Goods Under Washington Law, Thomas J. Holdych
A Seller's Responsibilities To Remote Purchasers For Breach Of Warranty In The Sales Of Goods Under Washington Law, Thomas J. Holdych
Seattle University Law Review
The article examines Washington law pertaining to a seller's obligations to a remote purchaser with respect to the quality of goods, attending in particular to the judicially created exceptions to the privity requirement. 20 Part II explores the reasons a seller may provide and a buyer may purchase a warranty, reasons that bear on resolution of the question whether the privity requirement should be retained. Parts III and IV analyze not only what warranty obligations a seller may have to a remote purchaser but also the theoretical bases for those obligations and the manner in which those obligations may be …
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
UIC Law Review
No abstract provided.
Evolving Sales Law: Highlights Of The Shifting Landscape Of Arkansas Purchasing Law, Sarah Howard Jenkins
Evolving Sales Law: Highlights Of The Shifting Landscape Of Arkansas Purchasing Law, Sarah Howard Jenkins
Law Faculty Scholarship
No abstract provided.
Consumer Payment Products And Systems: The Need For Uniformity And The Risk Of Political Defeat, Mark E. Budnitz
Consumer Payment Products And Systems: The Need For Uniformity And The Risk Of Political Defeat, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
Implementation Of The Check Clearing For The 21st Century Act, Mark E. Budnitz
Implementation Of The Check Clearing For The 21st Century Act, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.