Commercial Law Commons^™

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.

Multiple Authorisation: The Legal Complexity Of Desentralisasi In Indonesia And The Potential Contribution Of Iias In Reducing Confusion, Michael Ewing-Chow, Junianto James Losari

Indonesia Law Review

Decentralisation system in Indonesia was introduced after the fall of the former President Soeharto with the objective of ensuring good governance and equitable development across all regions in the country. Unfortunately, the implementation of desentralisasi has been complicated. Some scholars have suggested that the model was flawed as it did not consider Indonesia’s context of less developed administrative institutions in the regions. Not only did desentralisasi cause headaches for the government, it also created confusion for foreign investors. Consequently, it affects the investment climate in the country and undermines the perception of Indonesia as an attractive place to invest in. …

The Eighth Amendment And Tax Evasion: Whether Fatca Non-Compliance Fines And Fbar Penalties Are Excessive, Tyler R. Murray

William & Mary Bill of Rights Journal

No abstract provided.

State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl

Seattle University Law Review

The collateral order doctrine is perhaps the most significant exception to the general rule that only final judgments are appealable. The doctrine is particularly important in antitrust litigation when a defendant asserts state action immunity, often referred to as Parker immunity. However, the circuit courts have struggled with the question of whether a denial of Parker immunity is immediately appealable as a collateral order. This unsettled procedural issue is further complicated by the fact that the substantive law on Parker immunity differs depending on the entity asserting state action. This Article argues that a governmental entity that is deemed part …

Of More Than Usual Interest: The Taxing Problem Of Debt Principal, Charlene D. Luke

Seattle University Law Review

Leverage is an essential but often troubling component of the U.S. market. The financial crisis highlighted the risks and complexity of a leverage web that includes flesh-and-blood people from all walks of life and paper people from all corners of the business and investment world. In the tax area, the potentially problematic incentive effects of interest deductibility have long engaged a wide array of tax commentators and policymakers. While interest deductibility rightly receives widespread scrutiny, a more comprehensive approach to leverage is needed. This Article focuses on the surprisingly complicated tax treatment of cash (and cash equivalent) borrowings. This Article …

Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels

Seattle University Law Review

It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …

Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low

Research Collection Yong Pung How School Of Law

The law of nuisance is an area which is fraught with difficulties. In Lawrence v Fen Tigers [2014] 2 WLR 433, the UK Supreme Court dealt with several of these issues, in particular the relevance of planning permission and when damages should be granted in lieu of an injunction. This comment examines the decision and its implications.

Islamic Commercial Law And Social Justice: Shari'ah-Compliant Companies, Workers' Rights, And The Living Wage, Susan C. Hascall

St. John's Law Review

(Excerpt)

The purpose of this Article is to examine workers' rights under Islamic law. Companies claiming to be in compliance with the Islamic Shari'ah must look beyond the forms of the transactions and the content of the products they sell. The companies and their Shari'ah advisors must also examine the treatment of the workers employed by the companies. If the workers are not being treated fairly, in accordance with Islamic law, the owners of these companies and their Shari'ah advisors should not claim that the companies and their products are Shari'ah-compliant. As this Article shows, the fair treatment of …

Business And Commercial Litigation In Federal Courts (3d Ed.), Edited By Robert L. Haig, James M. Wicks

St. John's Law Review

(Excerpt)

The BCL is comprehensive, up-to-date, and very user-friendly. The practice aids, strategic considerations, checklists, and forms all make this set of books a "must-have" for every business litigator who is or will be going to federal court. Even as law libraries seem to be moving toward cutting book subscriptions, if one were to subscribe to only a single set of practice-based books, this should be it.

Payment Systems, Consumer Tragedy, And Ineffective Remedies, Marc L. Roark

St. John's Law Review

(Excerpt)

This Article engages how those social considerations interact with commercial contracting principles and payments policies to recommend an over-arching narrative of fairness. At the core is the desire to create balance amongst the competing interests, while recognizing the role that risk and access should play in defining the legal remedies available to consumers. To do so, the Article attempts to understand the competing interests represented by different constituents of SVPs, including consumers and merchants. In particular, the Article attempts to tell a story of two different types of consumers. The first is one whom we might not care much …

Regulating Drones Under The First And Fourth Amendments, Marc Jonathan Blitz, James Grimsley, Stephen E. Henderson, Joseph Thai

William & Mary Law Review

The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September 2015. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Given UAV utility and cost-effectiveness over a vast range of tasks, however, widespread commercial use ultimately seems certain. Consequently, it is imperative to understand …

Trending @ Rwu Law: Dean Yelnosky's Post: Santoro Lecture And Golf Tournament Bookend Alumni Weekend, Roger Williams University School Of Law

Law School Blogs

No abstract provided.

The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl Bogus

Law Faculty Scholarship

This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School's view that antitrust law should be …

Newsroom: Yelnosky On Franchisor Liability, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Transferring Nonnegotiable Mortgage Notes, Dale A. Whitman

Florida A & M University Law Review

This article reviews what we know about transferring ownership and the right of enforcement of nonnegotiable notes. The focus will be on notes secured by mortgages, since this is likely the context in which most modern nonnegotiable notes are created. There has been a vast amount of litigation about the transfer of negotiable mortgage notes in the past half decade, greatly expanding our understanding, but there has been little development involving nonnegotiable notes. Hence, it is helpful to compare negotiable and nonnegotiable notes, with particular emphasis on how each is transferred. Perhaps ironically, this means that the bulk of this …

Dikai Emporikai: A Response To Alberto Maffi, Mark J. Sundahl

Law Faculty Articles and Essays

No abstract provided.

Out Of Sight, Out Of Mind: Hidden Disclaimers And Ucc § 2-316’S Conspicuousness Requirement, Gavin Thole

University of Michigan Journal of Law Reform Caveat

Money now, terms later” agreements, or rolling contracts, are commonplace in consumer transactions. Courts frequently allow these agreements to stand. But problems arise when product manufacturers disclaim a warranty that protects consumers, such as the implied warranty of merchantability, without disclosing the disclaimer upfront—effectively rendering the warranty useless. Suppose, for example, a consumer purchases a refrigerator or computer where the implied warranty of merchantability disclaimer is printed on the last page of a thick instruction booklet. The booklet is hidden deep inside the box, buried in a morass of cords and paperwork. The consumer has no way of knowing about …

How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone

Syracuse Journal of International Law and Commerce

Information notice and data subject's consent are the current main legal safeguards of data protection and privacy rights: they reflect individuals' instances, such as self-determination and control over one's own private sphere, that have been acknowledged in many jurisdictions. However, the theoretic strength of these safeguards appears frustrated by current online practices that seem suggesting to give-up with their most common form of implementation: privacy notices and request for consent. These measures are proving to be unsuccessful in increasing users' awareness and in fostering a privacy protective-behaviour. As recent studies have shown, although people declare privacy concerns, their actual behaviour …

The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm

Syracuse Journal of International Law and Commerce

No abstract provided.

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Michigan Journal of International Law

Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …

Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practice Act, Peter Reilly

Faculty Scholarship

In 1977, it was discovered that hundreds of U.S. companies had spent hundreds of millions of dollars in bribes to improve business overseas. In response, Congress passed the Foreign Corrupt Practices Act (FCPA), thereby making it illegal to bribe foreign officials to obtain a business advantage. A major tension has emerged between the federal agencies charged with enforcing the FCPA (i.e., the DOJ and SEC), and the corporate entities trying to stay within the legal and regulatory bounds of the statute. Specifically, while the government appears to be trying to maximize discretion and flexibility in carrying out its enforcement duties, …

Research On The Carrier’S Seaworthiness Obligation In Rotterdam Rules And The Influence On The China Maritime Code, Qiong Huang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Check Payment: Finality Under The Uniform Commercial Code, John P. Finan

Akron Law Review

May a Bank which pays a check by mistake recover the payment? The answer has traditionally depended upon the law of restitution as modified to fit the peculiar necessities of the law of bills and notes.' Such law determines whether payment may be recovered by balancing the equities between the parties. The leading case in this field is Price v. Neal, which holds that if the payor and the person paid are equally innocent, the law will not shift the loss from one innocent person to another. In Price the signature of the drawer was forged. Unlike the Negotiable Instruments …

Will We Pick Privacy Over Drone-Drops From Amazon?, Caren M. Morrison

Faculty Publications By Year

No abstract provided.

Amendments To The Companies Act – Audit Exemption For Small Companies, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The first phase of legislative amendments introduced by the Companies (Amendment) Act 2014 took effect on 1 July 2015. Of these amendments, the most significant is arguably the introduction of the “small company”, which replaces the exempt private company for purposes of audit exemption. This article considers the features of this new regime and illustrates its application to existing as well as new companies.