Commercial Law Commons^™

Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

It is a challenge for the United States to adequately protect the interests of its intellectual property industries, especially when U.S. interests are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the U.S. has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this article contributes to the growing body of literature on developing a robust but flexible global intellectual property system, arguing that the trade-based approach to …

Legal Medievalism In Lex Mercatoria Scholarship, Ralf Michaels

Faculty Scholarship

This short reaction piece to an article by Emily Kadens asks why a long-refuted story of an alleged uniform medieval lex mercatoria is still being maintained. The answer is that the story serves not as an actual history but instead as a foundation myth. Attempts to falsify the myth with historical data are therefore futile: the myth derives its value not from its truth value but from its symbolic power.

Contextualizing Regimes: Institutionalization As A Response To The Limits Of Interpretation And Policy Engineering, Charles F. Sabel, William H. Simon

Faculty Scholarship

When legal language and the effects of public intervention are indeterminate, generalist lawmakers (legislatures, courts, top-level administrators) often rely on the normative output of contextualizing regimes – institutions that structure deliberative engagement by stakeholders and articulate the resulting understanding. Examples include the familiar practices of delegation and deference to administrative agencies in public law and to trade associations in private law. We argue that resorting to contextualizing regimes is becoming increasingly common across a broad range of issues and that the structure of emerging regimes is evolving away from the wellstudied agency and trade association examples. The newer regimes mix …

Transnational Public Policy In Civil And Commercial Matters, Adeline Swee Ling Chong

Research Collection Yong Pung How School Of Law

No abstract provided.

American Legal History Survey: Syllabus, Anders Walker

All Faculty Scholarship

This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.

Cyber Commodification, Miriam A. Cherry

All Faculty Scholarship

When it comes to commodification on the Internet, it is a wild, wild World Wide Web. Researching encyclopedia articles for Wikipedia is an unpaid labor of love, but connecting to your friends on Facebook is a $100 billion enterprise. Newspaper classified advertisements are definitely commercial, but their equivalent on Craigslist was mostly non-commercial – until the Delaware Chancery Court stepped in. Selling your organs is prohibited in the United States, whereas selling hair promises to rescue third-world citizens from poverty. Selling sex is illegal as prostitution, but selling adultery online is a hot new business model. And a small company …

Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson

Articles

Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …

Arbitration Of Trust Disputes: Two Bodies Of Law Collide, S. I. Strong

Vanderbilt Journal of Transnational Law

Once considered nothing more than "mere" estate-planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars of income each year. However, the rising popularity of both commercial and noncommercial trusts has led to an explosion in hostile trust litigation, leading settlors and trustees to search for new and less expensive ways to resolve trust-related disputes.

One possible solution involves use of a mandatory arbitration provision in the trust itself. However, the unique, multiparty nature of trust disputes often makes this sort of arbitration highly controversial.

This …

Toward A Public Enforcement Model For Directors' Duty Of Oversight, Renee M. Jones, Michelle Welsh

Vanderbilt Journal of Transnational Law

This Article proposes a public enforcement model for the fiduciary duties of corporate directors. Under the dominant model of corporate governance, the principal function of the board of directors is to oversee the conduct of senior corporate officials. When directors fail to provide proper oversight, the consequences can be severe for shareholders, creditors, employees, and society at large. Despite general agreement on the importance of director oversight, courts have yet to develop a coherent doctrine governing director liability for the breach of oversight duties. In Delaware, the dominant state for U.S. corporate law, the courts tout the importance of board …

Agency And Partnership Law [2011], 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.

The Resurgence Of Uncorporation: The Business Trust In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

The business trust has enjoyed resurgence in Singapore following the enactment of the Business Trusts Act. In March 2011, a high profile initial public offering in Singapore involving a business trust raised a staggering US $5.5 billion making this one of the world’s largest initial public offering of the year. Further, Hong Kong telecommunication company, PCCW Ltd has also offered a business trust via a stapled security structure in November 2011. Yet the business trust is not widely understood by many lawyers. Thus, one of the aims of this paper is to provide a description of the business trust as …

Penalty Clauses And The Cisg, Jack Graves

Scholarly Works

Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause …

Transparency Norms, The World Trade System And Free Trade Agreements: The Case Of Ceta, Ljiljana Biuković

All Faculty Publications

Canada and the European Union (EU) are negotiating an ambitious Comprehensive Economic and Trade Agreement (CETA). While the content of the agreement has not yet been officially disclosed by its negotiators, the general public and the business community are already concerned about the scope and effect of CETA on the two economies and their societies. This article deals with CETA’s transparency provisions. It claims that, whereas CETA has not yet utilized external transparency to ensure support for the negotiations, it does have the potential for greater regulatory transparency in technical barriers to trade (TBT)- and sanitary and phytosanitary (SPS)-related matters …

L'Embarras Du Choix: A Year Of Developments In The Laws Affecting Remittance Transfers, Credit Cards, And Certain Prepaid Cards, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.

Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger

Articles & Chapters

No abstract provided.

State Administrative Legal Review On The Bill Of Retraction Law Of Corrupted Assets In Eradication Effort Of Corruption In Indonesia, Dian Puji Simatupang

Indonesia Law Review

Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003), Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on …

On Land (Wealth) Distribution: A Cultural Approach To Justice In Indonesia, Suparjo Suparjo

Indonesia Law Review

This article re-examines the Indonesian land distribution policy in light of Pancasila , the five core values of the Indonesian constitution. Furthermore, the article also analyzes social problems in Indonesia from the legal and cultural point of view. Inspired by Javanese shadow puppet plays and Pancasila values, analysis shows that that land distribution policy in Indonesia does not support the goal of the country. The policy does not adhere to Pancasila values and the cultural values adopted by the Indonesian people. Hence I will try to give a recommendation for better regulation in land distribution. Evidences will be given to …

Article 27 Of Competition Law And What Lies Beneath, Perdana A. Saputro

Indonesia Law Review

This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”). One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that …

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Creditors' Contempt, Lea Shepard

BYU Law Review

This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as “debtor’s examinations,” “turnover orders,” “citations to discover assets,” “supplementary proceedings,” “proceedings supplementary,” and “proceedings in aid of execution,” in personam remedies force the debtor, under threat of the court’s contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court’s contempt authority can result in a debtor’s imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …