Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (50)
- Comparative and Foreign Law (41)
- Business Organizations Law (29)
- International Trade Law (27)
- Banking and Finance Law (26)
-
- Law and Economics (22)
- Administrative Law (19)
- Dispute Resolution and Arbitration (19)
- Securities Law (19)
- Contracts (17)
- Antitrust and Trade Regulation (15)
- Consumer Protection Law (15)
- European Law (12)
- Social and Behavioral Sciences (10)
- Business (9)
- Constitutional Law (9)
- First Amendment (9)
- Internet Law (9)
- Law and Society (9)
- Accounting Law (8)
- Transnational Law (8)
- Civil Law (7)
- Secured Transactions (7)
- Business Law, Public Responsibility, and Ethics (6)
- Courts (6)
- Criminal Law (6)
- Food and Drug Law (6)
- Intellectual Property Law (6)
- Institution
-
- University of Georgia School of Law (41)
- Syracuse University (14)
- Seattle University School of Law (12)
- Singapore Management University (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
-
- New York Law School (5)
- University of Maryland Francis King Carey School of Law (5)
- Vanderbilt University Law School (5)
- Duke Law (4)
- Pepperdine University (4)
- Yeshiva University, Cardozo School of Law (4)
- Florida State University College of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Michigan Law School (3)
- William & Mary Law School (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Maurer School of Law: Indiana University (2)
- Universitas Indonesia (2)
- University of Arkansas, Fayetteville (2)
- University of Florida Levin College of Law (2)
- University of the Pacific (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Coastal Carolina University (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- De La Salle University (1)
- Florida A&M University College of Law (1)
- Georgia State University College of Law (1)
- Keyword
-
- Finance (9)
- Financial Law (8)
- Corporate law (7)
- Arbitration (6)
- Corporate governance (6)
-
- Litigation (6)
- Regulation (6)
- Commercial law (5)
- EU (5)
- International Law (5)
- Constitution (4)
- Court-connected ADR (4)
- Delaware Chancery Court (4)
- European Union (4)
- First Amendment (4)
- Internet (4)
- Public access (4)
- Regulatory Law (4)
- Right of access (4)
- Trial (4)
- ADR (3)
- Bitcoin (3)
- China (3)
- Compliance (3)
- Confidentiality (3)
- Consumers (3)
- Corporation (3)
- Corruption (3)
- Delaware Coalition for Open Government (3)
- Delaware Open Door Arbitration Program (3)
- Publication
-
- Georgia Journal of International & Comparative Law (39)
- Syracuse Journal of International Law and Commerce (14)
- Seattle University Law Review (12)
- Faculty Scholarship (10)
- Research Collection Yong Pung How School Of Law (8)
-
- Journal of Business & Technology Law (4)
- Nevada Supreme Court Summaries (4)
- Scholarly Works (4)
- The Journal of Business, Entrepreneurship & the Law (4)
- Vanderbilt Journal of Transnational Law (3)
- Articles (2)
- Articles & Chapters (2)
- Brigham Young University International Law & Management Review (2)
- Cardozo Journal of International and Comparative Law (2)
- Center Projects (2)
- Florida Law Review (2)
- Indonesia Law Review (2)
- Journal of Food Law & Policy (2)
- McGeorge Law Review (2)
- Scholarly Publications (2)
- Touro Law Review (2)
- Vanderbilt Law School Faculty Publications (2)
- William & Mary Business Law Review (2)
- 2013 Jones Day Professorship of Commercial Law Lecture (1)
- Articles by Maurer Faculty (1)
- Cardozo Journal of Conflict Resolution (1)
- Cardozo Law Review (1)
- Center for Business Research and Development (1)
- Cornell Law Faculty Publications (1)
- Faculty Works (1)
- Publication Type
Articles 91 - 120 of 152
Full-Text Articles in Commercial Law
Boon Or Bane: Business And The Anti-Cybercrime Law, Atty. James Keith C. Heffron
Boon Or Bane: Business And The Anti-Cybercrime Law, Atty. James Keith C. Heffron
Center for Business Research and Development
“The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had.” – Eric Schmidt, Executive Chairman, Google.
Judicial Inactivitism In Protecting Financial Consumer Against Predatory Sale Of Retail Structured Products: A Reflection From Retail Structured Notes Lawsuits In Taiwan, Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This article analyzes 310 structured note lawsuits in Taiwan between 2000 and 2013 to examine courts’ attitude in dealing with claims of misselling retail structured notes. We find that courts were generally not favorable to retail investors. This provides a contrast with the financial regulator’s efforts to improve financial consumer protection since 2008. By examining plaintiffs’ key arguments and courts’ rulings, we find that it was difficult for investors to fulfill their burden of proof and courts were reluctant to award remedies when investors did sign on a contractual document confirming his knowledge on a few matters. While regulators are …
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Economic Democracy, Made In Germany: The Mietshauser Syndikat Model As A Framework For Developing Democratic Enterprises, John C. Carroll
Economic Democracy, Made In Germany: The Mietshauser Syndikat Model As A Framework For Developing Democratic Enterprises, John C. Carroll
Syracuse Journal of International Law and Commerce
No abstract provided.
Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz
Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz
Syracuse Journal of International Law and Commerce
No abstract provided.
Promoting Compliance: An Assessment Of Asean Instruments Since The Asean Charter, Hao Duy Phan
Promoting Compliance: An Assessment Of Asean Instruments Since The Asean Charter, Hao Duy Phan
Syracuse Journal of International Law and Commerce
No abstract provided.
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal
Syracuse Journal of International Law and Commerce
No abstract provided.
Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao
Syracuse Journal of International Law and Commerce
It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …
Efficient Breach In The Common European Sales Law, Wenqing Liao
Efficient Breach In The Common European Sales Law, Wenqing Liao
Syracuse Journal of International Law and Commerce
No abstract provided.
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle
Syracuse Journal of International Law and Commerce
No abstract provided.
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan
Journal of Business & Technology Law
No abstract provided.
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein
Marketing and Hospitality, Resort and Tourism Management
This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minerals) presents a case and object lesson of almost every cost, procedural and legal error that can take place …
Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing, W. Nicholson Price Ii
Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing, W. Nicholson Price Ii
Law Faculty Scholarship
Despite increasing recalls, contamination events, and shortages, drug companies continue to rely on outdated manufacturing plants and processes. Drug manufacturing’s inefficiency and lack of innovation stand in stark contrast to drug discovery, which is the focus of a calibrated innovation policy that combines patents and FDA regulation. Pharmaceutical manufacturing lags far behind the innovative techniques found in other industries due to high regulatory barriers and ineffective intellectual property incentives. Among other challenges, although manufacturers tend to rely on trade secrecy because of the difficulty in enforcing patents on manufacturing processes, trade secrecy provides limited incentives for innovation. To increase those …
Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete)
Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
Chapter 406: Fixing The Pain In Local Government’S Neck, Restructuring California Massage Therapy Regulation, Brandon Bjerke
Chapter 406: Fixing The Pain In Local Government’S Neck, Restructuring California Massage Therapy Regulation, Brandon Bjerke
McGeorge Law Review
No abstract provided.
The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act, Michelle M. Chester
The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act, Michelle M. Chester
Syracuse Journal of International Law and Commerce
No abstract provided.
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee
McGeorge Law Review
No abstract provided.
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …
The Compensation Myth And U.C.C. Section 2-713, David Frisch
The Compensation Myth And U.C.C. Section 2-713, David Frisch
Law Faculty Publications
This article seeks to bring greater discipline to the analysis of market damages by probing two basic assumptions that are routinely made in discussions of section 2-713: (1) that overcompensation concerns justify judicial interference with the buyer's choice of remedy; and (2) that the relevant market price, in all cases, is the market price that the aggrieved buyer would be required to pay if she wished to make a substitute purchase of goods elsewhere.
The Governance Structure Of Shadow Banking, Steven L. Schwarcz
The Governance Structure Of Shadow Banking, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Foreign Investments And The Market For Law, Erin O'Hara O'Connor, Susan D. Franck
Foreign Investments And The Market For Law, Erin O'Hara O'Connor, Susan D. Franck
Scholarly Publications
In this Article, Professors O’Hara O’Connor and Franck adapt and extend Larry Ribstein’s positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policymaking discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Ice Cube Bonds: Allocating The Price Of Process In Chapter 11 Bankruptcy, Edward J. Janger, M. B. Jacoby
Faculty Scholarship
No abstract provided.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.