The Commercial Litigator’S Bible - Fourth Edition: A Review Of The Fourth Edition Of Commercial Litigation In New York State Courts,
2016
Touro University Jacob D. Fuchsberg Law Center
The Commercial Litigator’S Bible - Fourth Edition: A Review Of The Fourth Edition Of Commercial Litigation In New York State Courts, Hon. Ira B. Warshawsky
Touro Law Review
No abstract provided.
Defining Agency And Its Scope (Ii),
2016
Duke Law School
Defining Agency And Its Scope (Ii), Deborah A. Demott
Faculty Scholarship
Fiduciary law necessarily raises issues of delineation and demarcation, which this paper demonstrates through examples involving common-law agents. Serving as an agent, and thus as a fiduciary, does not necessarily mean that agency law prescribes all duties that the agent owes the principal. The agent may have rights external to the relationship that the agent may exercise, distinct from the duty of loyalty owed the principal. When an agent acts outside the bounds of an agency relationship, the principal’s consent is not requisite to conduct that would constitute disloyalty within the bounds of the agency relationship. The paper illustrates the …
Modern-Day Monitorships,
2016
Duke Law School
Modern-Day Monitorships, Veronica Root
Faculty Scholarship
When a sexual abuse scandal rocked Penn State, when Apple was found to have engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a "Modern-Day Monitorship”. Modern-day monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. This is because they provide outsiders with a unique source of information about the efficacy of the tarnished organization's efforts to resolve misconduct. Yet, despite their use in high profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study …
In Search Of The Absent Shareholders: A New Solution To Retail Investors' Apathy,
2016
Duke Law School
In Search Of The Absent Shareholders: A New Solution To Retail Investors' Apathy, Kobi Kastiel, Yaron Nili
Faculty Scholarship
Corporate law scholars have taken investors' rational apathy for granted for many years, considering it a necessary evil once ownership is no longer closely held. But how significant is retail investors' apathy and what is its impact? This Article is the first to provide comprehensive data on the true magnitude of retail investors' apathy and its negative impact on corporate governance. Building on behavioral economics tools, this Article then presents a novel solution that could substantially mitigate, if not fully eliminate, this long-standing problem of investors' rational apathy, with minimal regulatory burden. The solution is based on the premise that …
Fiduciary Breach, Once Removed,
2016
Duke Law School
Fiduciary Breach, Once Removed, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Plugging The Rabbit Hole: The Supreme Court's Decision In Alice,
2016
Brigham Young University
Plugging The Rabbit Hole: The Supreme Court's Decision In Alice, Steven Swan
Utah Law Review
The two-step analysis in Mayo is insufficient to objectively analyze and make consistent determinations on patent eligibility. The effects of Alice are prime exhibits of this conclusion. Uncertainty and confusion in the realm of patents and software technology have risen to such a level that there is a telling impact on the economy and perhaps far greater devastation to the economy on the horizon. At the same time, the patent prosecution process has become increasingly expensive and difficult for both the client and drafting attorney provided the sheer number of Section rejections that are challenging to overcome. Consequently, this Note …
An App For Third Party Beneficiaries,
2016
University of Richmond
An App For Third Party Beneficiaries, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag
Law Student Publications
Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others-in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision …
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos,
2016
University of Oklahoma
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
Faculty Books and Book Chapters
Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho. …
Bank Frauds And Tracking The Hidden Assets,
2016
Florida A&M University College of Law
Bank Frauds And Tracking The Hidden Assets, Albert F. Tellechea, Michael J. Cortes
Florida A & M University Law Review
Each year banks are the targets of insider and outsider fraudulent activity. Borrowers overstate their assets and holdings in order to obtain loans for which they would never otherwise qualify. Employees embezzle, steal, or conspire with crooked clients for a kickback, and billions are lost. Law enforcement agencies around the world are reporting increased instances of corporate, mortgage, and bank fraud. For example, the United States Federal Bureau of Investigations ("FBI") in its FY2007 Financial Crimes Report states that its corporate fraud cases doubled from five years earlier. Through FY2007, U.S. Grand Juries returned 183 indictments resulting in 173 convictions. …
Will Work For Free: The Legality Of Unpaid Internships,
2016
Brooklyn Law School
Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …
Corporate Reorganisation Of China’S Listed Companies: Winners And Losers,
2016
Singapore Management University
Corporate Reorganisation Of China’S Listed Companies: Winners And Losers, Zinian Zhang
Research Collection Yong Pung How School Of Law
This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …
The "New Insiders": Rethinking Independent Directors' Tenure,
2016
Duke Law School
The "New Insiders": Rethinking Independent Directors' Tenure, Yaron Nili
Faculty Scholarship
Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies and shareholders have all placed a strong emphasis on director independence as a means to ensure that investors’ interests in their companies are well served. But what makes a director independent? While regulators and stock exchanges have tackled this elusive standard in different ways, the end goal is always the same – ensuring that the director is able to exercise truly independent judgment and further the best interests of shareholders. Surprisingly, these regulatory bodies have failed to consider the impact board tenure might have on director independence. This …
Inside The Taft Court: Lessons From The Docket Books,
2016
Notre Dame Law School
Inside The Taft Court: Lessons From The Docket Books, Barry Cushman
Journal Articles
For many years, the docket books kept by certain of the Taft Court Justices have been held by the Office of the Curator of the Supreme Court. Though the existence of these docket books had been brought to the attention of the scholarly community, access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the Taft Court docket books held by the Office of the Curator, which are the only …
Hashing It Out: Problems And Solutions Concerning Cryptocurrency Used As Article 9 Collateral,
2016
Case Western Reserve University School of Law
Hashing It Out: Problems And Solutions Concerning Cryptocurrency Used As Article 9 Collateral, Timothy Bierer
Journal of Law, Technology, & the Internet
"The article analyzes the potential uses of cryptocurrency as collateral in Article 9 secured transactions. At present, there is no clear guidance as to what status, if any, cryptocurrency has as collateral under Article 9. This paper briefly defines cryptocurrency, explains how it functions in its various forms, and shows why it would behoove lenders to utilize cryptocurrency as collateral. The current regulatory efforts over cryptocurrency are discussed to provide some context, through which the proposed actions and revisions of Article 9 are viewed. Finally, this paper recommends how cryptocurrency can be used as collateral under Article 9 under the …
Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism,
2016
University of Michigan Law School
Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism, Daniel A. Crane
Articles
Public choice theory has long proclaimed that business interests can capture regulatory processes to generate economic rents at the expense of consumers. Such political exploitation may go unnoticed and unchallenged for long time periods because, though the rents are captured by a relatively small number of individuals or firms, the costs are widely diffused over a large number of consumers. The triggering event to expose and mobilize opposition to the regulatory capture may not arise until a new technology seeks to challenge the incumbent technology, thus creating a motivated champion to expose and oppose the regulatory capture and advocate for …
An App For Third Party Beneficiaries,
2016
University of Richmond
An App For Third Party Beneficiaries, David G. Epstein
Law Faculty Publications
Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others-in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision …
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law,
2016
Brooklyn Law School
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, Jason J. Kilborn
Brooklyn Journal of International Law
This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic,
2016
Brooklyn Law School
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg,
2016
Brooklyn Law School
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation,
2016
Brooklyn Law School
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
