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.
Consumer Preferences For Performances Defaults,
2016
Texas A&M University School of Law
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Faculty Scholarship
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" …
The Second Wave Of Hedge Fund Activism: The Importance Of Reputation, Clout And Expertise,
2016
Vanderbilt University Law School
The Second Wave Of Hedge Fund Activism: The Importance Of Reputation, Clout And Expertise, Randall S. Thomas, C. N.V. Krishnan, Frank Partnoy
Vanderbilt Law School Faculty Publications
Using a large dataset of hand-collected information on activist interventions from 2008 to 2014, we examine why certain hedge funds succeed in the face of competition. We document that the top hedge funds succeed, not merely because of how they select targets, but because they acquire a reputation for what we label “clout and expertise.” These hedge funds do not intervene more frequently; to the contrary, activists with more interventions are associated with lower returns. Instead, top activists have a demonstrated ability to succeed in difficult interventions by targeting large firms, launching successful proxy fights, filing and winning lawsuits, pressuring …
Perverse Innovation,
2016
University of California, Irvine
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?,
2016
Singapore Management University
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?, Locknie Hsu
Research Collection Yong Pung How School Of Law
No abstract provided.
Rules For Radicals: A Politics Of Patent Law,
2016
University of Mississippi School of Law
Rules For Radicals: A Politics Of Patent Law, Kali N. Murray
Journal of Intellectual Property Law
No abstract provided.
The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape,
2016
Roger Williams University
The 5th Annual Professor Anthony J. Santoro Business Law Lecture: Enforcing Insider Trading Laws: The Changing Landscape, Stephen L. Cohen, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016,
2016
Roger Williams University
Newsroom: A Changing Landscape: Insider Trading Law 09/20/2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Professor Cecily Banks's Post: Time To Teach Business: September 16, 2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Professor Cecily Banks's Post: Time To Teach Business: September 16, 2016, Cecily Banks
Law School Blogs
No abstract provided.
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection,
2016
University of Georgia School of Law
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Journal of Intellectual Property Law
No abstract provided.
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office,
2016
University of Georgia School of Law
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann
Journal of Intellectual Property Law
No abstract provided.
