The Effectiveness Of National Collective Management Organization Regulation,
2016
Faculty of Law, Universitas Indonesia, Indonesia
The Effectiveness Of National Collective Management Organization Regulation, Agus Sardjono, Brian Amy Prastyo, Derezka G. Larasati
Indonesia Law Review
Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing …
Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?,
2016
Faculty of Law, New York University, USA
Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy
Indonesia Law Review
The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …
Persistent Threats To Commercial Speech,
2016
Brooklyn Law School
Persistent Threats To Commercial Speech, Jonathan H. Adler
Journal of Law and Policy
The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This article briefly examines two: the use of commercial speech restrictions as a form of rent-seeking, and compelled commercial speech. Regulation of commercial speech protect is sometimes used to protect established corporate interests from competitors who are less able to bear the costs of regulation, with consequences that extend beyond the economic marketplace. In the case of commercial speech, courts have been unduly deferential to claims of a consumer “right to know” as a basis for mandated labeling and disclosure. Greater protection …
The Dormant Commerce Clause "Effect": How The Difficulty In Reconciling Exxon And Hunt Has Led To A Circuit Split For Challenges To Laws Affecting National Chains,
2016
University of Washington School of Law
The Dormant Commerce Clause "Effect": How The Difficulty In Reconciling Exxon And Hunt Has Led To A Circuit Split For Challenges To Laws Affecting National Chains, Valerie Walker
Washington Law Review
The onslaught of chains such as Wal-Mart and Starbucks has driven some state and local lawmakers to craft regulations prohibiting these types of national chains. In response, several national chains have challenged the constitutionality of such regulations, claiming that they amount to economic protectionism. The dormant Commerce Clause (DCC) doctrine prohibits states from engaging in protectionism directed at commerce from other states. Courts use a two-tiered analysis when considering these types of challenges. The tier-level analysis is important because regulations rarely survive the first tier’s elevated scrutiny. The first tier applies when a state law directly discriminates against interstate commerce, …
James D. Cox: The Shareholders Best Advocate,
2016
Vanderbilt University Law School
James D. Cox: The Shareholders Best Advocate, Randall S. Thomas, Harwell Wells
Vanderbilt Law School Faculty Publications
This Article explores the historical development of the academic analysis of corporate law over the past forty years through the scholarship of one of its most influential commentators, Professor James D. Cox of the Duke University School of Law. It traces the ways in which corporate law scholarship changed from the 1970s to the present, including the rise of economic theory and empirical work in the study of corporate law. It shows how Professor Cox's early scholarship shaped and challenged economic orthodoxy, while his later work used empirical analysis to help corporate law become a more dynamic and richer field. …
Unauthorised Fiduciary Gains And The Constructive Trust,
2016
Singapore Management University
Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553,
2016
Singapore Management University
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh
Research Collection Yong Pung How School Of Law
This note argues thatthe English Court of Appeal decision of MWBBusiness Exchange Centres Ltd v Rock Advertising Ltd is a significantmodification of the present understanding of consideration with respect toagreements to accept part-payments of a debt and to perform pre-existing duties,and that the preferred way forward for the development of the law should be judicialintervention by the Supreme Court to reconcile the logical inconsistenciesbetween Foakes v Beer and Williams v Roffey Bros & Nicholls(Contractors) Ltd.
Understanding The Law Of Torts In China: A Political Economy Perspective,
2016
Singapore Management University
Understanding The Law Of Torts In China: A Political Economy Perspective, Wei Zhang
Research Collection Yong Pung How School Of Law
In this paper, I tried to connect the text of the Chinese tort law with the institutional context of lawmaking in China from a political economy perspective. Two determinants, political influence and populist pressure, were identified for the tort law legislation in China, and a simple spatial model was presented to demonstrate the mechanism through which these determinants might have affected the text of the law. In particular, my research suggested that, when injurers’ political influence kept constant, the populist pressure on the injurer group tended to push the tort law rules toward the pro-victim end. On the contrary, with …
Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976),
2016
University of Georgia School of Law
Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976),
2016
University of Georgia School of Law
Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd
Georgia Journal of International & Comparative Law
No abstract provided.
The Andean Foreign Investment Code: An Overview,
2016
University of Georgia School of Law
The Andean Foreign Investment Code: An Overview, Lloyd Pike
Georgia Journal of International & Comparative Law
No abstract provided.
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements,
2016
University of Georgia School of Law
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016,
2016
Roger Williams University
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Life of the Law School (1993- )
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines,
2016
University of Georgia School of Law
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Rethinking Body Property,
2016
Northeastern University School of Law
Rethinking Body Property, Kara W. Swanson
Florida State University Law Review
Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect this dichotomy, preventing market exchanges either by declaring body products non-property or banning sales by the supplying body. Yet with growing scarcity leading to injustice in the allocation and harvesting of body products, calls to allow sales have been increasing, motivating proposals to increase supplies by compensating bone marrow …
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice,
2016
Wayne State University
Trans-Pacific Partnership: Continuity And Breakthroughs In U.S. Investment Treaty Practice, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In October 2015, the United States completed negotiations for the Trans- Pacific Partnership (“TPP”), a free trade agreement among twelve Pacific Rim states.1 According to the White House, TPP will “rewrite the rules of trade,” will include “high standards . . . that . . . upgrade our existing agreements,” and will “have a profound impact on . . . how we invest in the developing world.”2 By contrast, the leading presidential candidates from both parties offer distinctly negative assessments of TPP. Hillary Clinton has opined that TPP does not meet the “very high” bar she would set for producing …
Consumer Preferences For Performance Defaults,
2016
Texas A&M University School of Law
Consumer Preferences For Performance Defaults, Franklin G. Snyder, Ann M. Mirabito
Michigan Business & Entrepreneurial Law Review
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These “majoritarian” …
Basel Iii And The Future Of Project Finance Funding,
2016
University of Michigan Law School
Basel Iii And The Future Of Project Finance Funding, Tianze Ma
Michigan Business & Entrepreneurial Law Review
This paper seeks to analyze the new requirements in the Basel III banking regulatory framework and explore their impact on commercial banks’ project finance portfolio. The paper begins with a general introduction of the Basel Accords, followed by an analysis of the changes in the Basel III requirements and their potential impact on project finance, in particular the effects of the liquidity coverage ratio (LCR) and the net stable funding ratio (NSFR). The paper ends with a discussion of alternative sources of project finance funding that emerged as a result of the new regulatory regime.
Reasonable Standards For Contract Interpretations Under The Cisg,
2016
California Western School of Law
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Cardozo Journal of International and Comparative Law
The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts,
2016
University of Picardie Jules Verne
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts, Sarah Laval
Cardozo Journal of International and Comparative Law
No abstract provided.
