Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes,
2011
Barry University
Share Transfer Restrictions In Close Corporations As Mechanisms For Intelligible Corporate Outcomes, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Chair's Message,
2011
Benjamin N. Cardozo School of Law
Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement,
2011
Brigham Young University Law School
Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs
BYU Law Review
No abstract provided.
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement,
2011
University of Akron Schhol of Law
Stolen Art, Looted Antiquities, And The Insurable Interest Requirement, Robert L. Tucker
Akron Law Faculty Publications
Trafficking in stolen art and looted antiquities is a multi-billion dollar enterprise. Stolen art and looted antiquities are ultimately sold to museums or private collectors. Sometimes the purchasers acquire them in good faith. But other times, the purchasers know, suspect, or willfully blind themselves to the possibility that the piece was stolen or illegally excavated and exported up the chain of title.
This problem is compounded by customs and course of dealing in the art and antiquities trade. Dealers generally decline to provide meaningful information to prospective purchasers about the provenance of a piece, and sophisticated purchasers customarily acquiesce in …
The Changing Face Of Transnational Business Governance: Private Corporate Law Liability And Accountability Of Transnational Groups In A Post-Financial Crisis World,
2011
The School of Law, The School of Oriental and African Studies, University of London
The Changing Face Of Transnational Business Governance: Private Corporate Law Liability And Accountability Of Transnational Groups In A Post-Financial Crisis World, Peter Muchlinski
Indiana Journal of Global Legal Studies
This article seeks to critically assess the recently dominant financialized model of corporate law and governance and its contribution to the creation of the "asocial corporation" geared only to the enhancement of shareholder value. This article places corporate law in a wider context of national and international legal developments that, together, create a framework for the financialization of transnational corporate activity. This article shows that a new approach to transnational corporate governance is emerging from a number of sources. These predate the crisis but have been given impetus by it. In particular, three important phenomena are examined: the rise of …
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board, And The Global Governance Order,
2011
Pennsylvania State University
Private Actors And Public Governance Beyond The State: The Multinational Corporation, The Financial Stability Board, And The Global Governance Order, Larry Cata Backer
Indiana Journal of Global Legal Studies
Transnational corporations are at the center of extraordinary and complex governance systems that are developing outside the state and international public organizations and beyond the conventionally legitimating framework of the forms of domestic or international hard law. Though these systems are sometimes recognized as autonomous and authoritative among its members, they are neither isolated from each other nor from the states with which they come into contact. Together these systems may begin to suggest a new template for networked governance beyond the state, but one in which public and private actors are integrated stakeholders. This provides the source of the …
Explaining Contractual Remoteness In Singapore,
2011
Singapore Management University
Explaining Contractual Remoteness In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal (the Court of Appeal) has in MFM Restaurants Pte Ltd v Fish & Co Restaurants Pte Ltd rejected Lord Hoffinann's assumption of responsibility test (articulated in The Achilleas) to determine whether damages are too remote in a contractual claim. The Court of Appeal, however, retained assumption of responsibility as a concept to explain the orthodox test for remoteness as embodied in Hadley v Baxendale. To that extent, it expressly accepted Lord Hoffmann's approach in The Achilleas in so far as the concept of assumption of responsibility is already incorporated or embodied in both limbs of …
Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny,
2011
Villanova University
Staring Down The Sights At Mcdonald V. City Of Chicago: Why The Second Amendment Deserves The Kevlar Protection Of Strict Scrutiny, James J. Williamson Ii
Legislation and Policy Brief
In June of 2008, the Supreme Court handed down a landmark decision in District of Columbia v. Heller, declaring that a District of Columbia law prohibiting the possession of handguns in a private home for personal protection violated the Second Amendment of the Constitution. Justice Scalia, writing for a 5-4 majority, recognized that the protections provided by the Second Amendment apply to individuals—not just “militias”—and emphatically declared that “the enshrinement of constitutional rights necessarily takes certain policy choices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home.” After four years of …
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability,
2011
American University Washington College of Law
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation,
2011
Faulkner University School of Law
Attention All Internet Users: How Proposed Amendments To The Communications Decency Act Could Save Your Reputation, Niki Blumentritt
Legislation and Policy Brief
Imagine a beautiful fall day on a Southern college campus. The leaves are changing, and the sound of the band practicing for this weekend’s big game echoes throughout campus. Jane, a college freshman, is walking through campus on the way back to her dorm from her Biology 101 class. Usually, Jane’s walk is uneventful, aside from the occasional run-in with a friend or sorority sister; however, today is much different. Jane notices that many people are staring, pointing, and snickering at her. Is there something on her face? She quickly pulls out her compact and realizes that all makeup is …
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions,
2011
Seattle University School of Law
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Seattle University Law Review
For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …
Guest Blogger,
2011
Georgia State University College of Law
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class,
2011
University of Richmond School of Law
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
University of Richmond Law Review
This comment examines the rise of China's middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment discusses the ramifications of strict domestic residential mortgage regulations and how China's tempered investment structure secured its domestic housing market. Part II of this comment examines China's investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk,
2011
Troutman Sanders LLP, New York, New York
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
University of Richmond Law Review
No abstract provided.
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?,
2011
E.C. Robins School of Business at the University of Richmond
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
University of Richmond Law Review
The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.
Negativing Invention,
2011
Brigham Young University Law School
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets,
2011
Commercial Restructuring and Bankruptcy Group of the New York office of Reed Smith LLP
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada
University of Richmond Law Review
This article analyzes the early days of the credit crisis as well as two of the largest casualties of that period-Lehman Brothers and General Motors. In addition, by focusing on the bankruptcy proceedings of these two entities as well as other judicial decisions rendered since the financial crisis began, it examines the role that courts have played in the crisis.
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter,
2011
Brigham Young University Law School
The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez
BYU Law Review
No abstract provided.
Patent, Technology, And The Role Of University,
2011
Faculty of Law Universitas Indonesia
Patent, Technology, And The Role Of University, Agus Sardjono
Indonesia Law Review
University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.
Mandatory Corporate Social And Environment Responsibilities In The New Indonesian Limited Liability Law,
2011
Faculty of Law Universitas Indonesia
Mandatory Corporate Social And Environment Responsibilities In The New Indonesian Limited Liability Law, Yu Un Opposunggu
Indonesia Law Review
On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER). The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of …
