Commercial Law Commons^™

Independent Craft Breweries Struggle Under Distribution Laws That Create A Power Imbalance In Favor Of Wholesalers, Daniel Croxall

William & Mary Business Law Review

Independent craft breweries are facing historic challenges under the COVID-19 pandemic. To make matters worse, many states prohibit a brewery from terminating a distribution contract with a wholesaler absent statutorily defined “good cause,” which typically means fraud, bankruptcy, or other illegal conduct. In this context, lagging sales or poor distribution performance are not grounds for a brewery to terminate a distribution contract. This means that it is nearly impossible, legally or financially, for an independent craft brewery to terminate a distribution contract with an unsatisfactory wholesaler. In essence, states have statutorily tipped the balance of power in favor of distributors ...

Understanding The Economic And Political Effects Of Trump's China Tariffs, Daniel C. K. Chow, Ian M. Sheldon

William & Mary Business Law Review

Although President Trump has persistently claimed that China is paying billions of dollars in tariffs imposed on Chinese imports to the United States, empirical evidence indicates that U.S. consumers are bearing the cost of the tariffs: $51 billion in increased prices and a net loss of $7.2 billion to the U.S. economy. The unilateral power-based approach to trade used by the Trump Administration has also resulted in unexpected economic and political costs in key Midwestern states that helped propel Trump to the U.S. presidency in 2016. These costs have led to reverses for the Trump Administration ...

Getting Away With Murder: How California State Law Determined Recovery In First Roundup Cancer Case Johnson V. Monsato Co., Eliza L. Quattlebaum

Villanova Environmental Law Journal

No abstract provided.

Price Elasticity Of Demand In The Market For Governance In Businesses Location Decisions In Oecd Nations From 2015-2019, Luke Kendall

Senior Honors Theses

This study proposes a framework of viewing the competition between governments to attract businesses into their jurisdiction as a competitive market. Literature is reviewed on the market forces and incentives of businesses and governments in location decisions. A possible gap in the literature of quantifying the price elasticity of competition between national governments for business activity is identified. OECD data is analyzed using equations supported by literature and results are evaluated to better understand the elasticity of international location decisions. The results of this study indicate that elasticity varies widely between countries, and countries with smaller economies may face more ...

The Growing Monopoly In The Corn Seed Industry: Is It Time For The Government To Interfere?, Bethany K Sumpter

Texas A&M Law Review

How a company conducts business is often a consumer concern. Individuals have accused company after company of monopolistic behavior. These individuals have also criticized the Department of Justice for not stopping a monopoly from forming in a specific industry. An example is the corn seed industry, where stakeholders have accused companies of monopolistic behavior. Recent mergers and acquisitions in the corn seed industry have left fewer companies in control, and because of this consolidation, individuals are urging the government to act. This Comment argues that, while the corn seed industry is on the road to containing a monopoly, the industry ...

Liability Of A Company Towards Others For The Acts Of Its Manager, Dr> Hussein Yousef Ghanayem

Journal Sharia and Law

The mass of problems arising from the acts of company manager’s together with the lack of sufficient rules that govern the subject reflect the importance of our discussion. Modern trends tend to enlarge the company's liability in the field of both contractual and noncontractual sphere. Regarding contractual liability, it is now well established that a company is bound by the acts performed by its manager as long as the following conditions are fulfilled: (a) The manager acts in the name of the company. (b) The manager acts with in the object of the company. (c) The other party ...

د. حسين يوسف غنايم- قانون الشركات التجارية في دولة الإمارات العربية المتحدة دراسة نقدية مقارنة, Dr> Hussein Yousef Ghanayem

Journal Sharia and Law

سنعمد في هذه الدراسة إلى إلقاء الضوء الضوء على قانون الشركات التجارية في دولة الإمارات العربية المتحدة متناولين مزاياه وما يمكن أن يؤخذ عليه وملتزمين نهج البحث المقارن بقوانين الشركات في دول مجلس التعاون الخليجي بصورة رئيسية . وعلى ذلك، فسنخصص المبحث الأول من هذه الدراسة لتناول مزايا القانون بينما نخصص المبحث الثاني للمآخذ آملين أن يشكل ذلك إسشهاماً متواضعا في إثراء القانون وفي التعريف به في مستهل وضعه موضوع التطبيق. والله من وراء القصد.

You're The Problem, Officer: Whether Executive Officers Should Be Subjected To The Same Standards Of Liability As Directors Under Current Corporate Governance Law, Margo Brandenburg

University of Cincinnati Law Review

No abstract provided.

The Legal Protection Of Trade Marks

Journal Sharia and Law

The owner of a trade mark has an exclusive right to use it for marking out his goods or services. Any offence against this right is punishable with imprisonment, fine or both. In addition, the judge may decide the counterfeiting and seizure of goods or instruments used in perpetrating the offence. In fact, offences relating to trade marks may take the form of falsifying a trade mark , falsely applying a trade mark, selling goods or possessing or offering for sale goods falsely marked, falsely representing a t rad e mark registered .... etc. Besides the criminal action, an aggrieved owner of ...

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...

Banking Supervision On The Financial Status Of Opening Account Demander, Prof. Faeq Al-Shamaa

Journal Sharia and Law

Opening a banking account has become a widespread phenomenon. Number of people who open accounts has increased over the past few years due to the advantages of this operation. However, on the other hand, there are lots of risks which are indispensably connected with this operation. This study concerns with ability of the bank to supervise financial status of the customers. It firstly deals with legal base of banking supervision on the personal status of the account holders, and legal justifications of this supervision. The study deals as well with the extension of duty of the bank to control personal ...

Conflicts Over Domain Names, Rami Olwan

Journal Sharia and Law

The study explores legal implications posed by the growth of establishing websites and registration of domain names. The researcher introduces his paper by providing readers with a primary introduction to domain names, their definitions, the Domain Name System (DNS), types of domain names either generic; Top level domains (gTLDS) or country code Top Level Domains (ccTLDS), domain names registration procedures and registration authorities (registrars, registry operators). The researcher also compares trademarks and domain names, mention different types of disputes that occur over domain names including cyber squatting, typo squatting, cyber-smearing and reverse domain name hijacking. The paper includes technical and ...

Foreign Direct Investment Negara Kamboja, Amanda Julia

Dharmasisya

Investment is divided into 2 (two), namely direct investment or commonly known as foreign direct investment and foreign indirect investment. Foreign direct investment provides benefits for a country that applies it, namely increasing socio-economic development, reducing poverty and transferring technology. Of the many benefits of foreign direct investment, it certainly provides a big benefit for developing countries such as Cambodia. The Cambodian Investment Law of 1994 establishes an open and liberal foreign investment regime. All sectors of the economy are open to foreign investment and the government allows 100 percent foreign ownership of companies in most sectors. In order to ...

Kesiapan Indonesia Dalam Memenuhi Nationally Determined Contribution (Ndc) Seb Agaiimplement Asi Paris Agreement Terkait Restorasi Lahan Gambut, Bela Titis Gantika Br Panggabean

Dharmasisya

Indonesia has stated its participation in one of the Climate Agreement, namely Paris Agreement, in the context of reducing GHG emission. In its implementation, Paris Agreement provides obligations for the Parties to conduct a Nationally Determined Contribution, in which there are targets to be achieved in an effort to reduce GHG emissions, in accordance with the domestic conditions of the participating countries. Undoubtedly, each state has different priorities in efforts to reduce GHG emissions, including Indonesia. Natural disasters such as forest and peatland fires that often occur in Indonesia are considered by the government to prioritize forest and peatland restoration ...

Aspek Hukum Atas Penerbitan Waran Tanpa Hak Memesan Efek Terlebih Dahulu Sebagai Cara Pembayaran Utang Emiten Pasar Modal Indonesia, Arfan Noer Azwad

Dharmasisya

In order to debt restructuring activities, a public company may be able to utilize various capital market instruments deemed to be most appropriate to the circumstances of public companies or issuers. One of them is by selling the equity securities either selling stocks, converting bonds in the settlement of debt restructuring, and / or issuing warrants.Warrants issued as part of a restructuring scheme of the Capital Market Issuers in debt repayments certainly have legal risks which certainly have an impact on shareholders, or on creditors.

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.

Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.

The Obligations Of The Commercial Mandate Towards The Mandate Between The General Rules And Requirements Of Commercial Dealing, Alaa Al-Nuaimi

Journal Sharia and Law

The commercial mandate is one of the most widespread commercial contracts, that is why most legislations had to regulate it with special rules, making it a well noted commercial contract. Nevertheless the Iraqi legislature had a special method as he considered the commercial mandate as a business, but he did not assign it to certain provisions, which means that it will be subject to the provisions of the general rules.

The commercial life has its characteristics and the commercial mandate has its own characteristics. What suits civil dealing does not necessarily suit the business. Accordingly, the unification of the provisions ...