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Articles 61 - 75 of 75
Full-Text Articles in Commercial Law
Microfinance Managers Consider Online Funding: Is It Finance, Marketing, Or Something Else?, Deborah Burand
Microfinance Managers Consider Online Funding: Is It Finance, Marketing, Or Something Else?, Deborah Burand
Articles
Online platforms are changing the way we engage with the world. Facebook links, eBay auctions, ePal chats, even Second Life avatars—these are all online platforms that connect people, ideas, products, and markets. These platforms shape who we connect with as well as how we connect. This concept extends to philanthropy: Online philanthropy is changing the nature of how and where people give.1 An outgrowth of online philanthropy is online social investing. Kiva.org is one of the best known online lending and investment platforms. Since its launch in 2005, Kiva has grabbed the attention (and wallets) of over 350,000 online lenders, …
Warranties In The Box, James J. White
Warranties In The Box, James J. White
Articles
Thousands of times each day, a buyer opens a box that contains a new computer or other electronic device. There he finds written material including an express "Limited Warranty." Sometimes the box has come by FedEx directly from the manufacturer; other times the buyer has carried it home from a retail merchant. Despite the fact that it is standard practice for the manufacturer to include a limited written express warranty on the sale of such products,' and despite the fact that both the manufacturer and the buyer believe that warranty to be legally enforceable, the law on its enforceability is …
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Does Private Equity Create Wealth? The Effects Of Private Equity And Derivatives On Corporate Governance, Randall Thomas, Ronald W. Masulis
Does Private Equity Create Wealth? The Effects Of Private Equity And Derivatives On Corporate Governance, Randall Thomas, Ronald W. Masulis
Vanderbilt Law School Faculty Publications
Private equity has reaped large rewards in recent years. We claim that one major reason for this success is due to the corporate governance advantages of private equity over the public corporation. We argue that the development of substantial derivative contracts and trading has significantly weakened the governance of public corporations and has created a need for financially sophisticated directors and much closer supervision of management. The private equity model delivers these benefits and allows corporations to be better governed, creating wealth gains for investors.
Commerce In Religion, Bernadette Meyler
Commerce In Religion, Bernadette Meyler
Cornell Law Faculty Publications
As this Symposium Article contends, religion increasingly overlaps with the commercial sphere, and courts are obligated to determine whether or not to adopt an entirely hands-off approach simply because the specter of religion lurks on the horizon. Whereas the jurisprudence of the European Court of Human Rights tends to accept its member states' separation of commercial elements out from the protections more generally accorded to religion, the U.S. Supreme Court has treated the two spheres as overlapping. To the extent that each court does consider religious transactions in terms of commercial relations, each also arrives at a very different conception …
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
Research Collection Yong Pung How School Of Law
Torrens registration has revolutionised land law, in particular the law of conveyancing. However, the precise scope of Torrens indefeasibility — which lies at the heart of the system — remains poorly understood, especially in respect of its relationship to the so-called ‘personal equities’ exception. The key to disentangling this web of confusion lies in accepting that personal equities, properly understood, do not actually form an exception to indefeasibility at all. The two concepts operate on completely different planes. In practical terms, this means that three crucial points must be understood. First, the Torrens system is intended to prevent adverse claims …
Internet Retailers And Intertype Competition: How The Supreme Court's Incomplete Analysis In Leegin V. Psks Leaves Lower Courts Improperly Equipped To Consider Modern Resale Price Maintenance Agreements, Daniel B. Nixa
Vanderbilt Journal of Entertainment & Technology Law
In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the U.S. Supreme Court held that resale price maintenance (RPM) agreements are to be judged under the rule of reason. An RPM agreement is an agreement between a manufacturer and retailers stipulating that retailers will charge a certain price for the manufacturer's products. This Note argues that the Supreme Court should have instructed lower courts to consider intertype competition in addition to interbrand and intrabrand competition when evaluating RPM agreements under the rule of reason. Two reasons lead to this conclusion. First, the Internet has invigorated intertype competition and has made …
Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung
Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung
Law Faculty Scholarship
No abstract provided.
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian Mccall
Learning From Our History: Evaluating The Modern Housing Finance Market In Light Of Ancient Principles Of Justice, Brian Mccall
Faculty Articles
Since I first accepted an invitation to join this symposium, the subprime mortgage crisis has exploded into a systemic financial crisis. Analysis and pundits alike seem on a quest to outdo each other in using dramatic phrases to describe its historic proportions. The causes of a crisis so large must have a multiplicity of causes lying in the realms of bank regulation and supervision, the operation and regulation of the securitization market and the derivatives and insurance markets. Yet, the root and spark of the various financial reverberations initiated in the home mortgage finance market. My presentation will focus on …
Preamble I: Purposes, Legal Nature, And Scope Of The Picc; Applicability By Courts; Use Of The Picc For The Purpose Of Interpretation And Supplementation And As A Model, Ralf Michaels
Faculty Scholarship
Professor Michael's chapter provides commentary on Preamble I of the UNIDROIT Principles of International Commercial Contracts. Areas covered include purposes, legal nature and scope of the PICC; applicability by courts; use of the PICC for the purpose of interpretation and supplementation and as a model.
"Rabbit" Hunting In The Supreme Court: The Constitutionality Of State Prohibitions Of Sex Toy Sales Following Lawrence V. Texas, William C. Hayes
"Rabbit" Hunting In The Supreme Court: The Constitutionality Of State Prohibitions Of Sex Toy Sales Following Lawrence V. Texas, William C. Hayes
Georgia Law Review
Sexual norms in the United States are in flux. The rapid growth of the adult industry and the popularity of television shows that deal with sexuality evidence an ever-growing trend towards more liberal sexual norms. While many Americans accept-or even welcome-this shift in our sexual culture, others feel significant anxieties about the moral well-being of the community as a result of this shift away from traditional,conservative sexual values. As the culture war wages on, some states have chosen to respond to these anxieties through legislation. The U.S. Supreme Court's 2003 decision in Lawrence v. Texas, however, appears to have called …
Restating The U.S. Law Of International Commercial Arbitration, George A. Bermann
Restating The U.S. Law Of International Commercial Arbitration, George A. Bermann
Faculty Scholarship
The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, on the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALl Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Scholarly Works
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli
Analytical Jurisprudence And The Concept Of Commercial Law, John Linarelli
Scholarly Works
Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond …
Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab
Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab
Articles & Chapters
Prior to the subprime-initiated financial crisis, there was a trend within the alternative investment industry towards the convergence of certain private equity and hedge fund strategies and structures. This brief article suggests that although the financial crisis will slow the process of convergence, the trend toward convergence will ultimately continue and strengthen, albeit in some ways along a different trajectory than before the crisis and with some important variations across national boundaries.