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Articles 5281 - 5310 of 14134

Full-Text Articles in Comparative and Foreign Law

Team Production Theory And Private Company Boards, Elizabeth Pollman Jan 2015

Team Production Theory And Private Company Boards, Elizabeth Pollman

Seattle University Law Review

In their path-breaking article, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout provided a new theory of the board of directors in a corporation. Drawing on the economic theory of team production, Blair and Stout argued that the board of directors serves as a mediating hierarchy for the firm as a whole, encouraging firm-specific investments from team members and reducing shirking and opportunistic behavior. While Blair and Stout provided a dramatically different view of the corporation from the conventional principal-agent account, they also delineated limitations to their proposed theory. Most importantly, they suggested that the …

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The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form, Lynn A. Stout Jan 2015

The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form, Lynn A. Stout

Seattle University Law Review

This Symposium Article argues that the board-controlled corporation can be understood as a legal innovation that historically has functioned as a means of transferring wealth forward and sometimes backward through time, for the benefit of present and future generations. In this fashion the board-controlled corporation promotes both intergenerational equity and intergenerational efficiency. Logic and evidence each suggest, however, that the modern embrace of “shareholder value” as the only corporate objective and “shareholder democracy” as the ideal of corporate governance is damaging the corporate form’s ability to serve this economically and ethically important function.

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Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin Jan 2015

Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin

Seattle University Law Review

The foreclosure crisis has lingered despite the improving economy. To alleviate this crisis, the U.S. government implemented the Home Affordable Mortgage Program (HAMP), a Treasury-sponsored initiative that aims to prevent foreclosure by encouraging mortgage loan servicers to modify the mortgages of qualified homeowners. The Treasury Department has extended HAMP multiple times—from its original ending date in 2013 to its present ending date in 2016. While HAMP has indeed helped homeowners avoid foreclosure, the program has spawned an array of litigation as servicer misconduct runs rampant. As the Ninth Circuit recently noted, “the [HAMP] program seems to have created more litigation …

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Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia Jan 2015

Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia

Seattle University Law Review

America’s entertainment industry, and the creative talent that drives it, is a national treasure. Equally valuable, however, is America’s drive and commitment toward technological innovation. These two sectors have been in tension since at least 1908, when the U.S. Supreme Court was asked to determine whether the makers of piano rolls for automatically playing pianos had to pay royalties to the composers. Since that time, the entertainment industry has continued to use copyright law to resist advances in technological innovation that it views as a threat to its existing business models. This Note seeks to provide the necessary context and …

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Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii Jan 2015

Shareholder Wealth Maximization As Means To An End, Robert P. Bartlett, Iii

Seattle University Law Review

In several recent cases, the Delaware Chancery Court has emphasized that where a conflict of interest exists between holders of a company’s common stock and holders of its preferred stock, the standard of conduct for directors requires that they strive to maximize the value of the corporation for the benefit of its common stockholders rather than for its preferred stockholders. This article interrogates this view of directors’ fiduciary duties from the perspective of incomplete contracting theory. Building on the seminal work of Sanford Grossman and Oliver Hart, incomplete contracting theory examines the critical role of corporate control rights for addressing …

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Lobbying, Pandering, And Information In The Firm, Adam B. Badawi Jan 2015

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 …

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The History Of Team Production Theory, Ron Harris Jan 2015

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 …

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Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb Jan 2015

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 …

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The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate Jan 2015

The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate

Journal Articles

This article analyzes how the Supreme Court of India, through its activism and assertiveness, has emerged as arguably the most powerful court among democratic polities. Over the past four and a half decades, the Court dramatically expanded its role in the realm of rights and governance, asserting the power to invalidate constitutional amendments under the basic structure doctrine, control judicial appointments, and govern in the areas of environmental policy, monitoring and investigating government corruption, and promoting electoral transparency and accountability. In this article, I argue that the Court’s shift toward greater, yet selective, assertiveness in India’s governance can most adequately …

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Judiciary Rising: Constitutional Change In The United Kingdom, Erin F. Delaney Jan 2015

Judiciary Rising: Constitutional Change In The United Kingdom, Erin F. Delaney

Northwestern University Law Review

No abstract provided.

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British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law, Abigail Bunce Jan 2015

British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law, Abigail Bunce

Northwestern University Law Review

No abstract provided.

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Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent Jan 2015

Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent

UC Law SF International Law Review

Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international …

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A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson Jan 2015

A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson

UC Law SF International Law Review

Innovation through new venture start-ups has been shown to have a direct effect on the growth of a country's overall economy. This paper will analyze Spain's new government funded venture capital program, the Startup Co- Investment Fund ("SCIF"), in order to determine its likelihood of success in Spain and whether other countries should also look to a similar program in order to build their VC market. To effectively examine the new program it will be helpful to carefully explore the U.S.'s venture capital market and history, as the U.S. ranked number one for VC in 2013, while Spain remained at …

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Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood Jan 2015

Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood

Transnational Business Governance Interactions Working Papers

Overlaps and interactions among diverse legal rules, actors and orders have long preoccupied legal scholars. This preoccupation has intensified in recent years as transnational efforts to regulate business have proliferated. This proliferation has led to increasingly frequent and intense interactions among transnational regulatory actors and programs. These transnational business governance interactions (TBGI) are the subject of an emerging interdisciplinary research agenda. This paper situates the TBGI research agenda in the broader field of transnational legal theory by presenting a critical review of the ways in which legal scholars have addressed the phenomenon of governance interactions. Legal scholars frequently recognize the …

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International Law Weekend 2014 Keynote Address, Lori F. Damrosch Jan 2015

International Law Weekend 2014 Keynote Address, Lori F. Damrosch

ILSA Journal of International & Comparative Law

I am honored to follow in the footsteps of previous presidents of the American Society of International Law who have spoken on the occasion of the International Law Weekend in New York.

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Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps Jan 2015

Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps

ILSA Journal of International & Comparative Law

Votes on secession are breaking out all over the globe.

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Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer Jan 2015

Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer

ILSA Journal of International & Comparative Law

Secession, conventionally, has been seen as a corollary of the "rights of peoples"; whether would-be secessionists were entitled to a state of their own, depended on whether they were a "people" sufficiently distinct from the balance of a states's population.

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The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises, Brad R. Roth Jan 2015

The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises, Brad R. Roth

ILSA Journal of International & Comparative Law

Given the prevalent absense of authoritative interpretation-let alone adjudication and enforcement-international law is frequently dismissed as so open-textured as to admit of competing conclusions about its application to any significant controversy.

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Self-Determination And Secession Under International Law: The New Framework, Milena Sterio Jan 2015

Self-Determination And Secession Under International Law: The New Framework, Milena Sterio

ILSA Journal of International & Comparative Law

Salman Rushdie, the famous novelist, wrote" Shalimar the Clown": "Why not just stand still and draw a circle round your feet and name that Selfistan?"

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Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions, Ana Cristina Rodriquez Pineda Jan 2015

Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions, Ana Cristina Rodriquez Pineda

ILSA Journal of International & Comparative Law

Many dispute settlements can only be properly understood within the wider international political context.

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The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano Jan 2015

The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano

ILSA Journal of International & Comparative Law

In recent years, it has become evident that the success of the General Agreement on Tariffs and Trade (GATT) era has not been replicated and that that multilateral trade system rooted in the World Trade Organization (WTO) is far from a real achievement in further trade liberalization.

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International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam Jan 2015

International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam

ILSA Journal of International & Comparative Law

The Intergovernmental Panel on Climate Change (IPCC) has now released its Fifth report.

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The Inter-American Commission On Human Rights: Reform And The Question Of University, Stephen Vasciannie Jan 2015

The Inter-American Commission On Human Rights: Reform And The Question Of University, Stephen Vasciannie

ILSA Journal of International & Comparative Law

On September 12, 2014, the Organization of American States (OAS) adopted a Strategic Vision to design and provide guidance to States on points of emphasis to be pursued for the future.

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The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?, Bruce W. Bean, Abbey L. Wright Jan 2015

The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?, Bruce W. Bean, Abbey L. Wright

ILSA Journal of International & Comparative Law

The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 and came into effect on January 1, 2013.

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Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong Jan 2015

Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong

ILSA Journal of International & Comparative Law

Self-determination movements are global phenomena that perpetually tug at the strings of a world order based on the principles of sovereignty and territorial integrity.

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Is International Arbitration Universal?, Halil Rahman Basaran Jan 2015

Is International Arbitration Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Due to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types.

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Korean Dmz Peace Park' And The Landmine Problem, John H. Kim Jan 2015

Korean Dmz Peace Park' And The Landmine Problem, John H. Kim

ILSA Journal of International & Comparative Law

It is a landscape of nightmare, this wasteland of a demilitarized zone, artillery craters, barbed wire, minefield, graveyards, the skeltons of villages and the remains of rice paddies.

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The Role Of The Multilateral Investment Fund (Mif) In The Promotion Of Foreign Private Investments In The Latin American And Caribbean Region, Francesco Seatzu Jan 2015

The Role Of The Multilateral Investment Fund (Mif) In The Promotion Of Foreign Private Investments In The Latin American And Caribbean Region, Francesco Seatzu

ILSA Journal of International & Comparative Law

Today few would deny that foreign private investments, like workers' remittances, constitute fundamental instruments for strengthening and expanding the economies of developing countries in Africa, Asia and notably in the Latin American and Caribbean region.

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"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez Jan 2015

"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez

ILSA Journal of International & Comparative Law

Most of the top leaders of the main guerrillas and paramilitary groups in Colombia have fallen, but the violence and the security concerns remain.

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"Ayudeme, No Puedo Irme A Case" Metodos Alternativos Para Las Victimas De Violencia Colombianos Que No Califican Para Asilo Politico En Los Estados Unidos, Yineth Sanchez Jan 2015

"Ayudeme, No Puedo Irme A Case" Metodos Alternativos Para Las Victimas De Violencia Colombianos Que No Califican Para Asilo Politico En Los Estados Unidos, Yineth Sanchez

ILSA Journal of International & Comparative Law

Muchos de los lideres grupos paramilitares en Colombia han sido derrotados, pero la violencia y los problemas de seguridad continuan.

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