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Articles 1051 - 1080 of 1256
Full-Text Articles in Comparative and Foreign Law
Lobbying, Pandering, And Information In The Firm, Adam B. Badawi
Lobbying, Pandering, And Information In The Firm, Adam B. Badawi
Seattle University Law Review
In their classic and insightful article on team production in corporate law, Margaret Blair and Lynn Stout identify the minimization of rent-seeking as one of the chief benefits of vesting ultimate authority over a firm with the board of directors. In their analysis, this problematic rent-seeking arises when parties need to divide the gains from production after the fact. The squabbling that is likely to ensue may threaten to eat away most, or all, of the gains that come from productive activity. If parties know that this sort of rent-seeking will occur, they may not engage in productive activity in …
The History Of Team Production Theory, Ron Harris
The History Of Team Production Theory, Ron Harris
Seattle University Law Review
In this short Essay, the author consider the team production theory developed by Margaret Blair and Lynn Stout1 from a historical perspective, in three senses. First, does the theory fit the historical use of the corporate form? Second, can it explain the development of corporation law doctrines? And third, can we place the development of the theory as such into the intellectual history of corporation theories at large? The author will state my bottom line up front: while the Article finds the team production theory insightful and useful for my historical research, for teaching corporation law, and for thinking about …
Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb
Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb
Seattle University Law Review
For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for …
The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee
The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee
Richmond Journal of Global Law & Business
No abstract provided.
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
On The Antitrust Exemption For Professional Sports In The United States And Europe, Leah Farzin
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen
Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen
Richmond Journal of Global Law & Business
No abstract provided.
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman
Georgia Journal of International & Comparative Law
No abstract provided.
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart
Georgia Journal of International & Comparative Law
No abstract provided.
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu
UIC Law Open Access Faculty Scholarship
This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …
Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer
Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer
Presentations
This presentation was given at the European China Law Studies 2014 Conference, Making, Enforcing and Accessing the Law, in Hong Kong. The presentation addresses the Chinese Anti-Monopoly Law (AML), the MOFCOMM, NDRC, and SAIC, and litigation before the Supreme People's Court.
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace, R. Brandon Asbill
Securities Regulation - Great Expectations And The Reality Of Rule 144a And Regulation S; The Sec's Approach To The Internationalization Of The Financial Marketplace, R. Brandon Asbill
Georgia Journal of International & Comparative Law
No abstract provided.
Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique, Bradley J. Nicholson
Japanese Fair Trade Commission Guidelines For Licensing Agreements: An Overview And A Critique, Bradley J. Nicholson
Georgia Journal of International & Comparative Law
No abstract provided.
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv
Georgia Journal of International & Comparative Law
No abstract provided.
International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders
Georgia Journal of International & Comparative Law
No abstract provided.
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Environmental Unilateralism And The Wto/Gatt System, Ilona Cheyne
Georgia Journal of International & Comparative Law
No abstract provided.
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
The World Trade Organization And Its Interpretation Of The Article Xx Exceptions To The General Agreement Of Tariffs And Trade, In Light Of Recent Developments, Brandon L. Bowen
Georgia Journal of International & Comparative Law
No abstract provided.
China - A National Regulatory Framework For The Prc's Stock Markets Begins To Emerge, Benjamin R. Tarbutton
China - A National Regulatory Framework For The Prc's Stock Markets Begins To Emerge, Benjamin R. Tarbutton
Georgia Journal of International & Comparative Law
No abstract provided.
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Georgia Journal of International & Comparative Law
No abstract provided.
Sweeping Protectionism Under The Rug: Neoprotectionist Measures Among Mercosur Countries In A Time Of Trade-Liberalization, Jon M. Tate
Georgia Journal of International & Comparative Law
No abstract provided.
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
The U.N. Conference On The Illicit Trade Of Small Arms And Light Weapons: An Exercise In Futility, Bobby L. Scott
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
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
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.
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Georgia Journal of International & Comparative Law
No abstract provided.
Can The Tiger Sit Down With The Dragon? An Assessment Of Chinese And Indian Antitrust Laws, R. Matthew Short
Can The Tiger Sit Down With The Dragon? An Assessment Of Chinese And Indian Antitrust Laws, R. Matthew Short
Georgia Journal of International & Comparative Law
No abstract provided.
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
The Competing Approaches To The Foreign Trade Antitrust Improvements Act: A Fundamental Disagreement, Morgan Franz
Pepperdine Law Review
This Comment explores the history and reasoning behind a recent reexamination of the FTAIA in light of Arbaugh v. Y & H Corp., examines both the propriety and the implications of the competing interpretations of the FTAIA, and argues that the resolution of the competing approaches is beyond the purview of the lower courts. Part II provides an overview of the extraterritorial reach of the Sherman Act leading up to the FTAIA, as well as the judicial treatment of the FTAIA prior to Arbaugh. Part III discusses the impact of Arbaugh and subsequent Supreme Court cases applying the “clearly states” …
The Timing And Source Of Regulation, Frank Partnoy
The Timing And Source Of Regulation, Frank Partnoy
Seattle University Law Review
The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Seattle University Law Review
Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …