Commercial Law Commons^™

Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed

Theses and Dissertations

The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human ...

Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa

The Scholar: St. Mary's Law Review on Race and Social Justice

Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the ...

All Of The Products, None Of The Liability: Examining The Supreme Court Of Ohio's Decision In Stiner V. Amazon.Com, Inc., Danny O'Connor

University of Cincinnati Law Review

No abstract provided.

Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park

University of Cincinnati Law Review

There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.

The Creditors Guarantees In The One Person Limited Company:A Comparative Analytical Descriptive Study, Dr. Salim Salam Al-Fulaiti

Journal Sharia and Law

In this research we address the problem of balance between the powers of the owner of the capital of a single person limited liability company in managing the company and running its affairs and his limited liability according to the amount of his money he allocated to the company, and between the rights and guarantees of creditors towards this owner, in several laws for commercial companies such as Omani, Kuwaiti, Bahraini and Emirati law. , the Saudi system and the French trade law through an analytical and comparative approach. The comparative study between the laws of the countries of the Gulf ...

Commercial Transportation, Madeline E. Mcneeley, Sarah L. Adle, Joshua H. Dorminy, Elizabeth M. Brooks, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in federal commercial transportation law affecting Georgia, Florida, and Alabama during the period from January 1, 2021, through December 31, 2021. The first three areas discussed here are subject to heavy federal regulation due to their far-reaching effects on interstate commerce: aviation, trucking and other commercial motor vehicles, and railroads. The remaining subjects covered in this Article— autonomous-vehicle technology, shareable electric bicycles, and shareable scooters—remain regulated primarily at the state and local levels but ...

The "Law To Use The Mark The Delpaís," Act 195-2016: Case Study Of A Puerto Rican Certification Mark With Potential Of Becoming A Geographic Indication For Economic Development, Paola Gabriela Zaragoza Cardenales

Maurer Theses and Dissertations

In 2016, the Puerto Rican Congress codified the “Law for the use of the DelPaís Mark” (the DelPaís Law), creating a composite certification mark called Productos DelPaís de Puerto Rico (the DelPaís Mark) for raw fruits, milk, honey, meats, egg, fish, ornamental plants, spices, vegetables, starches, and value-added products. The Puerto Rican Department of Agriculture intended the DelPaís Mark to function as a certification mark and Geographical Indication (GI) to differentiate local from imported products to promote purchasing of locally produced items and eventually export internationally. A GI is a source identifier identifying that a place makes a particular product ...

Mergers, Antitrust, And The Interplay Of Entrepreneurial Activity And The Investments That Fund It, Gary Dushnitsky, D. Daniel Sokol

Vanderbilt Journal of Entertainment & Technology Law

This Article addresses the potentially negative implications of proposed antitrust legislation on the entrepreneurial ecosystem in general, with a particular focus on the venture capitalists (VCs) that fund it. First, it offers a review of how antitrust merger law currently works and how proposed legislative changes to antitrust may threaten the innovative Venture Capital (VC)-backed ecosystem that has made the United States the center of global innovation across many different industries. Accompanying this review are some empirical observations. Second, recognizing that the understanding of innovative entrepreneurial activity calls for a deep appreciation of those who back it, the Article ...

The Regulation Of The Ownership Of Flats By Foreigners After The Enactment Of The Job Creation Law, Made Suksma Prijandhini Devi Salain, I Dewa Gede Palguna, I Gusti Ngurah Parikesit Widiatedja

Indonesia Law Review

The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners ...

The Legal Problem Of Aircraft Mortgage In Indonesia, Feri Wirsamulia­

Indonesia Law Review

This article aims to analyze the urgency of aircraft mortgage regulation to provide an alternative solution for airlines that requires a loan to maintain their cash flow sufficiently by placing their aircraft as debt collateral. Since the issuance of Law Number 1 of 2009 on Aviation, the provisions regarding aircraft mortgage as debt collateral was removed from the previous Aviation Law Number 15 of 1992. Article 12 Paragraph (1) of Law Number 15 of 1992, governed that aircraft could be subject to mortgages, however, this provision was abolished by the new Aviation Law Number 1 of 2009. Article 465 of ...

Conflicts Of Laws And Jurisdictions In Indonesia-Related Arbitrations Seated In Singapore – Perspectives From The Tribunal, Gary F. Bell

Indonesia Law Review

This article discusses the issues of conflicts of laws that may arise when the parties, including an Indonesian party, have a contract governed by Indonesian law which includes an arbitration clause that states that the seat of the arbitration is Singapore. After discussing the rules of conflict of laws applicable to the choice of a substantive law governing the contract and the arbitration clause, the article discusses the difficulties that parties and the tribunal often face in an arbitration in which Indonesian law is the governing law. It then discusses conflict rules affecting the validity of the arbitration agreement and ...

Liability For Non-Disclosure In Equity Financing, Albert H. Choi, Kathryn E. Spier

Law & Economics Working Papers

The paper analyzes the effects of holding firms liable for non-disclosure of material information when raising capital. We develop a model in which a privately-informed entrepreneur can choose to withhold information from prospective investors when issuing and selling stock and the investors can bring suit against the firm ex post for (alleged) non-disclosure. The damage payment received by the investors is partially offset by the reduced value of their equity stake. The analysis shows that the equilibrium depends on, among others, (1) the amount of personal capital the entrepreneur has to commit, (2) the frequency with which the entrepreneur is ...

Toward Decentralized Commercial Law For Digital Assets, Marek Dubovec

Northwestern Journal of Technology and Intellectual Property

Technology affects various facets of the society and law. It has been tightly coupled in a symbiotic relationship with commercial law, including the Uniform Commercial Code (U.C.C.). While the conceptual framework of the U.C.C. and its realist ethos has fostered innovation since the 1950s, recent technological advances pose new challenges. In particular, digital assets traded in decentralized blockchain systems promise to engender a wide array of applications, prompting new business practices.

A number of efforts have been recently undertaken to address the fundamental challenges to established legal concepts posed by these technological advances. All these efforts ...

Ethnically Segmented Markets: Korean-Owned Black Hair Stores, Felix B. Chang

Indiana Law Journal

Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American ventures to rotating communal credit, this Article argues that their dominance in ethnic beauty supplies stems from collusion and exclusion.

This Article is the first to synthesize the disparate treatment of ethnically segmented markets in law, sociology, and economics into a comprehensive framework. Its primary contribution is to forge the ...

Administrative Investigations, Aram A. Gavoor, Steven A. Platt

Indiana Law Journal

This Article establishes the subject of federal administrative investigations as a new area of study in administrative law. While the literature has addressed investigations by specific agencies and congressional investigations, there is no general account for the trans-substantive constitutional value of administrative investigations. This Article provides such an account by exploring the positive law, agency behaviors, and constraints pertaining to this unresearched field. It concludes with some urgency that the Administrative Procedure Act of 1946—the statute that stands as a bill of rights for the Administrative State—does not serve to regulate administrative investigations and that Article III courts ...

Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu

SAIPAR Case Review

This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.

In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.

The Supreme Court held that: Any damages ...

The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco

Dickinson Law Review

Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the ...

Rules Of Regularity: An Empirical Quest For Commercial Certainty In Arbitration, Cornelis J.W. Baaij

William & Mary Business Law Review

The U.S. Supreme Court justifies the broad enforceability of arbitration agreements with the notion that arbitration expands parties' autonomy to contract for an efficient alternative to court proceedings. Unfortunately, the current practice of both domestic and cross-border commercial arbitration does not fully live up to these expectations. It is crucial to both autonomy and efficiency theories of contract law that adjudicatory decision-making is predictable so parties can tailor their contracts accordingly. However, commercial arbitration's prevailing culture of confidentiality and lack of stare decisis diminishes commercial certainty. To bring the reality of commercial arbitration closer to the Supreme Court ...

Brick By Brick: Deconstructing Pyramid-Like Companies By Requiring Disclosures From Multilevel Marketing Schemes, Alex Chumbley

William & Mary Business Law Review

Multilevel marketing companies ("MLMs") have thrived in the internet era as participants are able to market their products to their friends and followers on social media sites. Further, periods of high unemployment, such as during the COVID-19 pandemic, have led to increased enrollment in these companies. However, very few people actually make any money from selling for these companies. Beyond that, almost half of those who participate lose money due to the enrollment costs. This Note examines past case law surrounding MLMs and critiques the current regulations in place that fail to ensure that new participants are making a fully ...

Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act, Sebastian West

University of Cincinnati Law Review

No abstract provided.