Front Matter,
2014
Syracuse University
Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture,
2014
University of Groningen
Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao
Syracuse Journal of International Law and Commerce
It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …
Efficient Breach In The Common European Sales Law,
2014
Maastricht University
Efficient Breach In The Common European Sales Law, Wenqing Liao
Syracuse Journal of International Law and Commerce
No abstract provided.
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute,
2014
Syracuse University College of Law
Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle
Syracuse Journal of International Law and Commerce
No abstract provided.
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis,
2014
University of Maryland Francis King Carey School of Law
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan
Journal of Business & Technology Law
No abstract provided.
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation,
2014
Coastal Carolina University
Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein
Marketing and Hospitality, Resort and Tourism Management
This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minerals) presents a case and object lesson of almost every cost, procedural and legal error that can take place …
Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing,
2014
University of New Hampshire School of Law
Making Do In Making Drugs: Innovation Policy And Pharmaceutical Manufacturing, W. Nicholson Price Ii
Law Faculty Scholarship
Despite increasing recalls, contamination events, and shortages, drug companies continue to rely on outdated manufacturing plants and processes. Drug manufacturing’s inefficiency and lack of innovation stand in stark contrast to drug discovery, which is the focus of a calibrated innovation policy that combines patents and FDA regulation. Pharmaceutical manufacturing lags far behind the innovative techniques found in other industries due to high regulatory barriers and ineffective intellectual property incentives. Among other challenges, although manufacturers tend to rely on trade secrecy because of the difficulty in enforcing patents on manufacturing processes, trade secrecy provides limited incentives for innovation. To increase those …
Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete),
2014
Syracuse University
Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
Chapter 406: Fixing The Pain In Local Government’S Neck,
Restructuring California Massage Therapy Regulation,
2014
Pacific McGeorge School of Law
Chapter 406: Fixing The Pain In Local Government’S Neck, Restructuring California Massage Therapy Regulation, Brandon Bjerke
McGeorge Law Review
No abstract provided.
Front Matter,
2014
Syracuse University
The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act,
2014
Syracuse University College of Law
The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act, Michelle M. Chester
Syracuse Journal of International Law and Commerce
No abstract provided.
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?,
2014
University of Maryland Francis King Carey School of Law
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf,
2014
Pacific McGeorge School of Law
Chapter 275: The Fight To Protect Consumers With A Kill Switch May Leave Them Tone Deaf, Jenifer Gee
McGeorge Law Review
No abstract provided.
Remic Tax Enforcement As Financial-Market Regulator,
2014
Brooklyn Law School
Remic Tax Enforcement As Financial-Market Regulator, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
The Compensation Myth And U.C.C. Section 2-713,
2014
University of Richmond
The Compensation Myth And U.C.C. Section 2-713, David Frisch
Law Faculty Publications
This article seeks to bring greater discipline to the analysis of market damages by probing two basic assumptions that are routinely made in discussions of section 2-713: (1) that overcompensation concerns justify judicial interference with the buyer's choice of remedy; and (2) that the relevant market price, in all cases, is the market price that the aggrieved buyer would be required to pay if she wished to make a substitute purchase of goods elsewhere.
Missing The Forest For The Trees: A New Approach To Shareholder Activism,
2014
Duke Law School
Missing The Forest For The Trees: A New Approach To Shareholder Activism, Yaron Nili
Faculty Scholarship
Shareholder activism has dominated corporate governance literature for the last decade. However, despite the abundance of research focusing on specific manifestations of activism, there is a dearth of literature tackling share-holder activism as a whole. This article puts forward a novel theory situating shareholder activism within a more complete framework, treating activism as a collection of diverse models that differ by motives, tools, and structures. This paper provides a more complete perspective on activism—an analytical under-standing of activism as a model rather than an investigation of specific occurrences thereof—and a demonstration that different models of activism are present both in …
The Fiduciary Character Of Agency And The Interpretation Of Instructions,
2014
Duke Law School
The Fiduciary Character Of Agency And The Interpretation Of Instructions, Deborah A. Demott
Faculty Scholarship
This chapter in a forthcoming book justifies the conventional characterization of common-law agency as a fiduciary relationship. An agent serves as the principal’s representative in dealings with third parties and facts about the world, situating the agent as an extension of the principal for legally-salient purposes. A principal’s power to furnish instructions to the agent is the fundamental mechanism through which the principal exercises control over the agent, a requisite for an agency relationship. The agent’s fiduciary duty to the principal provides a benchmark for the agent’s interpretation of those instructions. The chapter draws on philosophical literature on the identity …
Towards More Sustainable And Less Crisis-Driven Financial Regulation,
2014
Duke Law School
Towards More Sustainable And Less Crisis-Driven Financial Regulation, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
The Governance Structure Of Shadow Banking,
2014
Duke Law School
The Governance Structure Of Shadow Banking, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Foreign Investments And The Market For Law,
2014
Florida State University College of Law
Foreign Investments And The Market For Law, Erin O'Hara O'Connor, Susan D. Franck
Scholarly Publications
In this Article, Professors O’Hara O’Connor and Franck adapt and extend Larry Ribstein’s positive framework for analyzing the role of jurisdictional competition in the law market. Specifically, the authors provide an institutional framework focused on interest group representation that can be used to balance the tensions underlying foreign investment law, including the desire to compete to attract investments and countervailing preferences to retain domestic policymaking discretion. The framework has implications for the respective roles of BITs and investment contracts as well as the inclusion and interpretation of various foreign investment provisions.
