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Commercial Law Commons™

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2014

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Articles 31 - 60 of 152

Full-Text Articles in Commercial Law

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills Sep 2014

Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner Sep 2014

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander Sep 2014

Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander

Georgia Journal of International & Comparative Law

No abstract provided.


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright Sep 2014

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm Sep 2014

A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm

Georgia Journal of International & Comparative Law

No abstract provided.


The Privatization Challenge In Guyana, Elizabeth A. Reid Sep 2014

The Privatization Challenge In Guyana, Elizabeth A. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii Sep 2014

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen Sep 2014

Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon Sep 2014

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin Sep 2014

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.


All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez Sep 2014

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.


Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson Sep 2014

Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson

Georgia Journal of International & Comparative Law

No abstract provided.


A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman Sep 2014

A Bright Day For The Black Market: Why Council Directive 2008/51/Ec Will Lose The Battle Against Illicit Firearm Trade In The European Union, Kristin Ashley Tessman

Georgia Journal of International & Comparative Law

No abstract provided.


Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan Sep 2014

Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan

Georgia Journal of International & Comparative Law

No abstract provided.


The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld Sep 2014

The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld

Georgia Journal of International & Comparative Law

No abstract provided.


The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman Sep 2014

The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born Sep 2014

Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge Sep 2014

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Georgia Journal of International & Comparative Law

No abstract provided.


Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera Sep 2014

Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera

Georgia Journal of International & Comparative Law

No abstract provided.


Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis Sep 2014

Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis

Seattle University Law Review

The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey Sep 2014

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon establishing that a …


The Key Elements For Developing A Securities Market To Drive Economic Growth: A Roadmap For Emerging Markets, Ziven Scott Birdwell Sep 2014

The Key Elements For Developing A Securities Market To Drive Economic Growth: A Roadmap For Emerging Markets, Ziven Scott Birdwell

Georgia Journal of International & Comparative Law

No abstract provided.


The 3rd Annual Professor Anthony J. Santoro Business Law Lecture Series: The Business Of Law: Disruptions In The Market For Legal Services, Roger Williams University School Of Law Sep 2014

The 3rd Annual Professor Anthony J. Santoro Business Law Lecture Series: The Business Of Law: Disruptions In The Market For Legal Services, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Shareholder Voting In An Age Of Intermediary Capitalism, Paul H. Edelman, Randall S. Thomas, Robert B. Thompson Sep 2014

Shareholder Voting In An Age Of Intermediary Capitalism, Paul H. Edelman, Randall S. Thomas, Robert B. Thompson

Vanderbilt Law School Faculty Publications

Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional theory about shareholder voting, rooted in concepts of residual ownership and a principal/agent relationship, does not reflect recent fundamental changes as to who shareholders are and their incentives to vote (or not vote). In the first section of the article, we address this deficiency directly by developing a new theory of corporate voting that offers three strong and complementary reasons for shareholder voting. In the middle section, we apply our theory …


Implementation Of Mandatory Enterprise Registration (Wdp) Following The Effectiveness Of Law No. 40 Year 2007 Concerning Limited Liability Companies In The Era Of Regional Autonomy, Ari Wahyudi Hertanto Aug 2014

Implementation Of Mandatory Enterprise Registration (Wdp) Following The Effectiveness Of Law No. 40 Year 2007 Concerning Limited Liability Companies In The Era Of Regional Autonomy, Ari Wahyudi Hertanto

Indonesia Law Review

Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of …


Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein Aug 2014

Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.


The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf Aug 2014

The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf

Cardozo Law Review

Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …


Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School Aug 2014

Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.