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Articles 151 - 180 of 351
Full-Text Articles in Comparative and Foreign Law
Neo-Brandeisianism And The New Deal: Adolf A. Berle, Jr., William O. Douglas, And The Problem Of Corporate Finance In The 1930s, Jessica Wang
Seattle University Law Review
This essay revisits Adolf A. Berle, Jr. and The Modern Corporation and Private Property by focusing on the triangle of Berle, Louis D. Brandeis, and William O. Douglas in order to examine some of the underlying assumptions about law, economics, and the nature of modern society behind securities regulation and corporate finance in the 1930s. I explore Douglas and Berle’s academic and political relationship, the conceptual underpinnings of Brandeis, Berle, and Douglas’s critiques of modern finance, and the ways in which the two younger men—Berle and Douglas—ultimately departed from their role model, Brandeis.
Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, A. C. Pritchard, Janis P. Sarra
Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, A. C. Pritchard, Janis P. Sarra
All Faculty Publications
The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article …
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
Articles by Maurer Faculty
In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …
The Public Control Of Corporate Power: Revisiting The 1909 U.S. Corporate Tax From A Comparative Perspective, Ajay K. Mehrotra
The Public Control Of Corporate Power: Revisiting The 1909 U.S. Corporate Tax From A Comparative Perspective, Ajay K. Mehrotra
Articles by Maurer Faculty
The origins of U.S. corporate taxation are often associated with the 1909 corporate excise tax. Scholars who have investigated the beginnings of this levy have mainly focused on the legislative history of the 1909 corporate tax to argue that it was either an expression of the Progressive Era impulse to regulate large-scale corporations or an attempt to use corporations as remittance devices to collect taxes aimed at wealthy shareholders. This Article broadens the conventional historical accounts of the emergence of American corporate taxation by revisiting the 1909 U.S. corporate tax from a comparative perspective. The aim is to look both …
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
UIC Law Review
No abstract provided.
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
UIC Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
Penn State International Law Review (1982 - 2011)
No abstract provided.
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Penn State International Law Review (1982 - 2011)
No abstract provided.
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
Penn State International Law Review (1982 - 2011)
No abstract provided.
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
Washington International Law Journal
Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl River …
Curbing Rent-Seeking And Inefficiency With Broad Takings Powers And Undercompensation: The Case Of Singapore From A Givings Perspective, Jianlin Chen
Washington International Law Journal
Conventional discourses on the perils of weak property rights vis-à-vis government takings have failed to account for and respond to the rent-seeking and inefficiency problems of government actions. Singapore, with its broad takings powers, coupled with express undercompensation, has not suffered from the predicted widespread rent-seeking and inefficiency. This case study of Singapore from a givings perspective demonstrates the importance of imposing a fair charge on the various kinds of givings in curbing rent-seeking and inefficiency. There are also additional benefits of having a healthy fiscal budget and more equitable taxation arising from Singapore’s givings regime. The key normative implication …
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re, Brent H. Lyew
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re, Brent H. Lyew
Washington International Law Journal
The Philippines is rife with competing struggles for rights of self-determination and international terrorist networks. For years, the Philippine government prosecuted suspected terrorists without an anti-terror law. The absence of an express criminal violation for acts of terrorism led to a blurred distinction between punishing terrorists and punishing secessionists. Responding to public outcry that the Philippine government was violating human rights by punishing secessionists unjustly, the United Nations conducted an investigation. This investigation led to the placement of the Philippine government on the United Nations’ human rights watch list. The Philippine legislature, shortly thereafter, passed the Human Security Act of …
Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman
Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman
Richmond Journal of Global Law & Business
World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemptions for commercial establishments. The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. international intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.
Why Did China Reform Its Death Penalty?, Kandis Scott
Why Did China Reform Its Death Penalty?, Kandis Scott
Washington International Law Journal
China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.
Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen
Balancing Security And Growth: Defining National Security Review Of Foreign Investment In China, Eric Jensen
Washington International Law Journal
One of the most recent steps in China’s slow march towards liberalization of foreign investment is the introduction of the 2006 Provisions on Acquisition of Domestic Enterprises by Foreign Investors (“2006 M&A Provisions”). Article 12 of this law provides new procedures for review and approval of foreign investment in China. China’s national security review of foreign direct investment has the same motivations as the United States’ Committee on Foreign Investment in the United States (CFIUS) review, but it is much murkier and less efficient. CFIUS is governed by numerous statutory and regulatory guidelines. China should integrate some of the CFIUS …
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
Richmond Journal of Global Law & Business
“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.
Stakeholder Theory In Corporate Law: Has It Got What It Takes?, Andrew Keay
Stakeholder Theory In Corporate Law: Has It Got What It Takes?, Andrew Keay
Richmond Journal of Global Law & Business
There has been much debate for many years regarding what should be the objective of the large public corporation. This issue is important for a number of reasons, not least of which is that the theory nominated will underpin corporate governance and dictate, to a large extent, the kind of corporate governance system that will exist. As far as the corporation’s objective is concerned, two theories have been dominant: the shareholder primacy theory and the stakeholder theory. The former is operative in what I will call “Anglo-American jurisdictions,” namely jurisdictions that model their law and practice on one or both …
Two Understandings Of Supremacy: An Essay, Vincent J. Samar
Two Understandings Of Supremacy: An Essay, Vincent J. Samar
Richmond Journal of Global Law & Business
Does the supremacy provision of Article VI of the U.S. Constitution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and that only constitutional officers of the United States, in keeping with their responsibilities to uphold the Constitution, can decide what is international law for the U.S. Such debates are not new to the history of the world. For much of world history, national rulers have claimed that their legal authority derives …
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don Peters
Richmond Journal of Global Law & Business
This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adju- dicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods. Analyzing similarities arising from universal decision-making …
Certain Opinions Of The Central Committee Of The Chinese Communist Party [And The] State Council On Promoting The Stable Development Of Agriculture And Continuing To Increase Farmers' Income In 2009, Tobias Damm-Luhr
Washington International Law Journal
The following is a translation of Certain Opinions of the State Council [and the] Central Committee of the Chinese Communist Party (“CCP”) on Promoting the Stable Development of Agriculture and Continuing to Increase Farmers’ Incomes in 2009 (“2009 No. 1 Document”), which the CPC Central Committee and the State Council promulgated on December 31, 2008, and made public on February 2, 2009. It calls on “every region and every department” to seriously study the blueprint created by the Third Plenary Session of the CPC’s 17th Central Committee, namely the Decision on Certain Issues Concerning the Advancement of Rural Reform and …
The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa, Connie De La Vega
The Special Measures Mandate Of The International Convention On The Elimination Of All Forms Of Racial Discrimination: Lessons From The United States And South Africa, Connie De La Vega
ILSA Journal of International & Comparative Law
The International Convention on the Elimination of all Forms of Racial Discrimination' (CERD) is the United Nations main treaty
International Organization Reform Or Impunity? Immunity Is The Problem, Great L. Rios, Edward P. Flaherty
International Organization Reform Or Impunity? Immunity Is The Problem, Great L. Rios, Edward P. Flaherty
ILSA Journal of International & Comparative Law
'No one can read the significant Supreme Court cases on sovereign immunity... without concluding that the field is a mass of confusion; and if he ventures beyond that to attempt some reconciliation of the courts of appeals decisions, he will find confusion compounded." '
Direct Taxation In The European Union: Past Trends And Future Developments, Tracy A. Kaye
Direct Taxation In The European Union: Past Trends And Future Developments, Tracy A. Kaye
ILSA Journal of International & Comparative Law
Within the realm of taxation, the European Union seeks a balance between the national sovereignty of its Member States and the goal of a harmonized internal market.