Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough",
2012
University of Missouri - Kansas City, School of Law
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs
Faculty Works
No abstract provided.
Summary Of State Of Nevada V. Reliant Energy, Inc., 128 Nev. Adv. Op. No. 46,
2012
Nevada Law Journal
Summary Of State Of Nevada V. Reliant Energy, Inc., 128 Nev. Adv. Op. No. 46, Brittnie Watkins
Nevada Supreme Court Summaries
The Court considered an appeal from a district court’s order dismissing Appellants’ complaint, which alleged violation of Nevada antitrust laws.
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China,
2012
Rouse, Shanghai, China
Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying
IP Theory
No abstract provided.
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions,
2012
Texas A&M University School of Law
Testing The Reach Of Ucc Article 9: The Question Of Tax Credit Collateral In Secured Transactions, Christopher K. Odinet
Faculty Scholarship
This Article addresses the open question related to the use of tax credits as a source of secured capital. It first lays a foundation by analyzing the theoretical underpinnings of the UCC’s category for general intangibles and shows how classification as a general intangible can and should comport with the legal substance of tax credits as a form of secured financing. The work also investigates the theory and nature that forms the basis of tax credits and their economic value. Next, the Article provides an overview of the relatively meager case law on tax credit financing and explains how courts …
It Looks Like A Sale; It Quacks Like A Sale…But It's Not? An Argument For The Application Of The Duck Test In A Digital First Sale Doctrine,
2012
Pepperdine University
It Looks Like A Sale; It Quacks Like A Sale…But It's Not? An Argument For The Application Of The Duck Test In A Digital First Sale Doctrine, Matthew J. Turchyn
The Journal of Business, Entrepreneurship & the Law
What are you purchasing when you buy a print of Picasso's Guernica? The piece of paper it is printed on, several courts have replied. In these instances, courts have created a pragmatic legal fiction that allows for the transfer of a copy of a work while the author retains his or her rights and privileges under copyright law. Therefore, the purchaser of the Guernica print could resell his or her legally created print of the painting on the secondary market. This is the essence of the First Sale Doctrine of the U.S. Copyright Act. This practice breaks down, however, when …
Can Consumers Control Health-Care Costs?,
2012
Wake Forest School of Law
Can Consumers Control Health-Care Costs?, Mark A. Hall, Carl E. Schneider
Articles
The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today’s health policy watchword. This article evaluates consumerism and the regulatory mechanism …
Apathy Vis-À-Vis The Un Convention On Contracts For The International Sale Of Goods (Cisg) In The Uk And Two Proposed Strategies For Cisg's Incorporation In The Uk Legal Order,
2012
School of Law & Criminology, University of Derby
Apathy Vis-À-Vis The Un Convention On Contracts For The International Sale Of Goods (Cisg) In The Uk And Two Proposed Strategies For Cisg's Incorporation In The Uk Legal Order, Katerina Georgiadou
Pace International Law Review Online Companion
The 1980 UN Convention on Contracts for the International Sale of Goods (CISG or Convention) is said to have resulted out of a largely global scholarly jurisconsultorium, as it was drawn up in cooperation between scholars from around the globe. In essence, this article will examine the lack of interest and reluctance on behalf of the United Kingdom (UK) to ratify the CISG by considering the initial reactions of the UK towards the CISG, the UK’s isolationist attitude, the fact that CISG is not a legislative priority in the UK, and the objection to ratification based on unreasonable grounds. Furthermore, …
Contract Law In A Comparative Perspective,
2012
Faculty of Law Universitas Indonesia
Contract Law In A Comparative Perspective, Suharnoko Suharnoko
Indonesia Law Review
Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …
Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics ,
2012
Pepperdine University
Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady
Pepperdine Law Review
No abstract provided.
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry,
2012
Pepperdine University
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin
Pepperdine Law Review
No abstract provided.
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”,
2012
Microsoft
“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez
IP Theory
No abstract provided.
Developing The Framework For Safe And Efficient Mobile Payments, Hearing Before Senate Committee On Banking, Housing, And Urban Affairs, 112th Congress,
2012
Indiana University Maurer School of Law
Developing The Framework For Safe And Efficient Mobile Payments, Hearing Before Senate Committee On Banking, Housing, And Urban Affairs, 112th Congress, Sarah Jane Hughes
Public Testimony by Maurer Faculty
No abstract provided.
Finding Safe Harbor: Navigating Washington's New Unfair Competition Law,
2012
University of Washington School of Law
Finding Safe Harbor: Navigating Washington's New Unfair Competition Law, Daniel Shickich
Washington Journal of Law, Technology & Arts
Under a new law, manufacturers and retailers that sell products in Washington State could face stiff penalties if their products are made using stolen or misappropriated information technology (“stolen IT”). In 2011 the Washington Legislature passed Substitute House Bill 1495, creating a new cause of action that allows private plaintiffs or the state attorney general to seek injunctive relief and damages against manufacturers that use stolen IT in their business operations. The law also creates an additional claim for actual damages of up to $250,000 against third parties who contract with violating manufacturers and sell the products in Washington. Using …
Forward Contracts - Prohibitions On Risk And Speculation Under Islamic Law,
2012
Indiana University Maurer School of Law
Forward Contracts - Prohibitions On Risk And Speculation Under Islamic Law, Nicholas C. Dau-Schmidt
Indiana Journal of Global Legal Studies
Forward contracts allow buyers and sellers of goods to reduce risk by contracting for sale at a predetermined price and quantity prior to the actual exchange of goods and payment. While forward contracts are extensively used in the Western world without restriction, those who adhere to Islamic law are often constrained by principles intended to reduce risk, gambling, and usury. These principles can prove overly restrictive; however, Islamic law restrictions also illuminate the problems associated with the overly permissive Western system in which speculators contract in a manner tantamount to gambling-a problem associated with the recent financial crisis. This Note …
Selectica Resets The Trigger On The Poison Pill: Where Should The Delaware Courts Go Next?,
2012
Vanderbilt University
Selectica Resets The Trigger On The Poison Pill: Where Should The Delaware Courts Go Next?, Paul H. Edelman, Randall S. Thomas
Indiana Law Journal
No abstract provided.
Enforcing Integrity,
2012
Penn State Dickinson School of Law
Iosco's Response To The Financial Crisis,
2012
Brooklyn Law School
Iosco's Response To The Financial Crisis, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Who Decides Whether Clarity Is Clear?: An Analysis Of Tila’S Clarity Of Disclosure Requirement In Actions By Consumers Against Creditor Card Companies,
2012
Pace University School of Law
Who Decides Whether Clarity Is Clear?: An Analysis Of Tila’S Clarity Of Disclosure Requirement In Actions By Consumers Against Creditor Card Companies, Brandon Mohr
Pace Law Review
Section 1 begins by discussing credit card usage and the levels of debt of American consumers. Section 2 outlines the history of TILA, which was promulgated by Congress in 1968, as well as the enforcement power bestowed by Congress on the Federal Reserve Board to implement TILA. This exploration also includes descriptions of Regulation Z and the Schumer Box requirements that state exactly what information needs to be clearly and conspicuously displayed in credit card application materials as well as how the information is to be displayed for consumers to review. Section 3 discusses the recent Ninth Circuit case Rubio …
“Waiving” Goodbye To Arbitration:
A Contractual Approach,
2012
Washington and Lee University School of Law
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
Washington and Lee Law Review
No abstract provided.
Defining "Breach Of The Peace" In Self-Help Repossessions,
2012
University of Washington School of Law
Defining "Breach Of The Peace" In Self-Help Repossessions, Ryan Mcrobert
Washington Law Review
Since Roman times, creditors have invoked the limited extrajudicial remedy of self-help repossession. Pre-colonial English laws also allowed for a limited repossession remedy outside of the courts, provided the creditor accomplished the repossession without a “breach of the peace.” The Uniform Commercial Code (UCC) has allowed for the self-help remedy since the 1950s, making it available for any secured party in the event of contractual default so long as there was no breach of the peace. The drafters of the UCC, however, failed to define what constituted a “breach of the peace,” choosing to allow the courts to flesh out …
