Foreign Direct Investment In The United States And Canada: Fractured Neoliberalism And The Regulatory Imperative,
2014
Vanderbilt University Law School
Foreign Direct Investment In The United States And Canada: Fractured Neoliberalism And The Regulatory Imperative, Gil Lan
Vanderbilt Journal of Transnational Law
Although both Canada and the United States review foreign investment for national security concerns, Canada also requires that the investment be of "net benefit" to Canada. Recent investments by state-owned enterprises (SOEs) and sovereign wealth funds (SWFs) have prompted the suggestion that the United States should also adopt a net benefit or economic test. This Article argues that the United States should not adopt the Canadian approach. The Canadian approach attempts to screen out foreign public entities and requires that they act in a "commercial" manner. This approach is based on two assumptions. First, it assumes that one can segregate …
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea,
2014
Vanderbilt University Law School
Blackwater's New Battlefield: Toward A Regulatory Regime In The United States For Privately Armed Contractors Operating At Sea, Sean P. Mahard
Vanderbilt Journal of Transnational Law
Piracy has reemerged with a vengeance in the twenty-first century. Although it is confined primarily to the horn of Africa, piracy poses a significant problem to commercial shipping companies that need to traverse the Gulf of Aden for business. In response to modern-day piracy, shipowners have begun to employ privately armed contractors for protection. Countries and international organizations have recently developed regulations to address this growth in private maritime security. This Note analyzes both international and domestic regulatory regimes for privately armed contractors with a specific focus on the United States and Norway. This Note concludes that current U.S. regulations …
A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine,
2014
Boston University School of Law
A Fork In The Stream: The Unjustified Failure Of The Concurrence In J. Mcintyre Machinery Ltd. V. Nicastro To Clarify The Stream Of Commerce Doctrine, Cody Jacobs
Faculty Scholarship
A foreign manufacturer sells a product to an American distributor in State A, who then resells the product to an American consumer in State B. The consumer is injured by the product and attempts to sue the foreign manufacturer in State B. Can State B exercise personal jurisdiction over the manufacturer? This deceptively simple and seemingly common question, and related questions involving the socalled "stream of commerce," has fractured the United States Supreme Court for over twenty years, leaving consumers, manufacturers, and distributors unsure of their rights and potential liabilities. This Article focuses on a recent missed opportunity the Court …
In-Sourcing Corporate Responsibility For Enforcement Of The Foreign Corrupt Practices Act,
2014
University of Georgia School of Law
In-Sourcing Corporate Responsibility For Enforcement Of The Foreign Corrupt Practices Act, Larry D. Thompson
Scholarly Works
In this article I first review our nation's long-standing and active aversion to corporate corruption overseas, as principally embodied in the Foreign Corrupt Practices Act. I then explain how achievement of the FCPA's goals is undermined by the uncertainty in current federal enforcement policies and the consequent ambivalence toward self disclosure exhibited by multinational corporations. Finally, I argue that the only realistic way to make up the shortcomings in FCPA enforcement that flow from the Justice Department's limited resources is to motivate corporations themselves to police corruption in their foreign subsidiaries by giving them a concrete incentive in the form …
“Sticky” Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex,
2014
University of Georgia Law School
“Sticky” Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
Scholarly Works
We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court’s decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent …
Civil Consequences Of Corruption In International Commercial Contracts,
2014
American University Washington College of Law
Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …
Everything Must Stay In Place - President Business, The Lego Movie,
2014
New York Law School
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Other Publications
No abstract provided.
The Unrelenting Libertarian Challenge To Public Accommodations Law,
2014
University of Michigan Law School
The Unrelenting Libertarian Challenge To Public Accommodations Law, Samuel R. Bagenstos
Articles
There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which prohibits race discrimination in “place[s] of public accommodation,” was a remarkable success. But the consensus is illusory. Laws prohibiting discrimination by public accommodations currently exist under a significant legal threat. And this threat is merely the latest iteration in the controversy over public accommodations laws that began as early as Reconstruction. This Article begins by discussing the controversy in the Reconstruction and Civil Rights Eras over the penetration of antidiscrimination principles into the realm of private businesses’ choice of customers. Although the …
Agency And Partnership Law [2013],
2014
Singapore Management University
Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Recognition Of Foreign Judgments And Cross-Border Insolvencies,
2014
Singapore Management University
Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong
Research Collection Yong Pung How School Of Law
In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate …
A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation,
2014
Singapore Management University
A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh
Research Collection Yong Pung How School Of Law
A reason justifying the exclusionary rule against prior negotiations in the interpretation of contracts is its longevity. Yet, the authorities commonly cited in support of the exclusionary rule are mostly traceable to Lord Wilberforce’s speech in the relatively recent case of Prenn v Simmonds. This article suggests that the law took a wrong turn in that case and caused later courts to support the exclusionary rule by recourse to policy-oriented justifications, instead of principle-based ones. The emphasis on policy-oriented justifications, and the recantation of Prenn v Simmonds as reason enough for the exclusionary rule, support an independent rule against prior …
A Reply To "Hollow Spaces",
2014
Columbia Law School
A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers
Faculty Scholarship
This short essay responds to Chip Brower's thoughtful and meticulous critique of Tentative Draft No. 2 of the Restatement Third of the U.S. Law of International Commercial Arbitration. While we appreciate the concerns he raises, we disagree with the conclusions he draws both about the Restatement and the drafting process. We address here what we understand to be Professor Brower's major criticisms of the work.
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh,
2013
Asia Research Institute, National University of Singapore
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness),
2013
Faculty of Law Universitas Indonesia
Execution Of Fiduciary Guarantee Under Law No. 42 Of 1999 On Fiduciary Guarantee (A Socio-Juridical Analysis To Anticipate Its Effectiveness), Arie S. Hutagalung
Indonesia Law Review
Fiduciary Guarantee (Fiduciary Law) which approved by the House of Representatives of the Republic of Indonesia (DPR RI) on September 9, 1999 has accommodate the public needs to help business activities and to provide legal certainty to the interested parties. With the increase in the development activities and the needs for funding, a majority of funds are needed to meet the lending and borrowing activities that require protection for the lender and the borrower through a guarantee institution that can provide legal certainty and protection to the lender or the borrower. Viewed from the current lending practices, there is a …
Export Controls: A Contemporary History,
2013
Purdue University
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws,
2013
Seattle University School of Law
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
Punishment And Protection - The Disqualification Of Directors In Singapore,
2013
Singapore Management University
Punishment And Protection - The Disqualification Of Directors In Singapore, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
The ability to operate behind the shield of the corporate form, thereby benefiting from limited liability, is thought to be a privilege conferred by statute. This privilege is however, curtailed for certain individuals who are “proven misfits”. The removal, by disqualification, of these individuals from corporate management is intended to protect the shareholders and creditors of the companies concerned from the possibility of future instances of undesirable conduct by these same individuals. Thus, the Companies Act of Singapore provides for disqualification from holding directorships or from management of a company on a number of grounds. Disqualification may be automatic or …
Case Comment: A New Framework For The Implication Of Terms In Fact,
2013
Singapore Management University
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Research Collection Yong Pung How School Of Law
In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …
The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak,
2013
Singapore Management University
The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.
Book Review: The Construction Of Commercial Contracts By J. W. Carter,
2013
Singapore Management University
Book Review: The Construction Of Commercial Contracts By J. W. Carter, Yihan Goh
Research Collection Yong Pung How School Of Law
The Construction of Commercial Contracts by Professor J.W. Carter is an ambitious book. Its stated aim is to "explain as a coherent whole the principles which regulate the construction of commercial contracts". As will be seen, it more than meets this lofty aim, and is a valuable contribution to an area of work that is not only difficult, but also of immense practical importance. The book achieves its aim by explaining construction as constituting three separate stages: the identification of context (and terms), the determination of the meaning (and legal effect) of a contract, and, finally, the application of a …
