Mississippi Farmers Markets: A Legal And Business Guide,
2011
University of Mississippi
Mississippi Farmers Markets: A Legal And Business Guide, Emily Broad, Libby Benton, Myra Blake, Alonzo Emery, Jessica Fitts, Matthew Greenfield
Delta Directions: Publications
This policy paper addresses state and federal laws affecting farmers markets in Mississippi, focusing on particularly confusing or burdensome areas of the law. Each section reviews Mississippi law and compares it to other states, then recommends alternatives.
Jacobsen Revisited: Conditions, Covenants And The Future Of Open-Source Software Licenses,
2011
University of Washington School of Law
Jacobsen Revisited: Conditions, Covenants And The Future Of Open-Source Software Licenses, Yamini Menon
Washington Journal of Law, Technology & Arts
Open-source software licensing has become mainstream in the field of software development. Nowhere is this more evident than in the 2008 Federal Circuit decision Jacobsen v. Katzer, where the court first interpreted the terms of an open-source software license. The Jacobsen decision offers an important first step in how to interpret the terms of an open-source license, though it does not address how to interpret licenses other than the Artistic License. This Article explores how Jacobsen’s reasoning can be used to interpret the terms of other open-source licenses, particularly the GPL v.2, GPL v.3, Apache License v.2, BSD …
A Critical Look At The Anti-Counterfeiting Trade Agreement,
2011
University of Richmond
A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn
Law Student Publications
This Article examines two of the more credible criticisms leveled against the ACTA and evaluates the credibility of each. First, some allege that the agreement is a treaty masquerading as an executive agreement. The distinction is significant because treaties may modify U.S. law and require congressional approval, while executive agreements must accord with existing law and require only presidential approval. The second criticism is the systemic lack of transparency throughout the negotiation process. Though these are not the only criticisms – far from it – they are the two most significant and stand on the most solid ground.
The Invisible Power Of Machines Revisiting The Proposed Flash Order Ban In The Wake Of The Flash Crash,
2011
Duke Law
The Invisible Power Of Machines Revisiting The Proposed Flash Order Ban In The Wake Of The Flash Crash, Austin J. Sandler
Duke Law & Technology Review
Technological innovation continues to make trading and markets more efficient, generally benefitting market participants and the investing public. But flash trading, a practice that evolved from high-frequency trading, benefits only a select few sophisticated traders and institutions with the resources necessary to view and respond to flashed orders. This practice undermines the basic principles of fairness and transparency in securities regulation, exacerbates information asymmetries and harms investor confidence. This iBrief revisits the Securities and Exchange Commission's proposed ban on the controversial practice of "flash trading" and urges the Securities and Exchange Commission and the Commodity Futures Trading Commission to implement …
Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards,
2011
Mercer University School of Law
Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani
Mercer Law Review
Three federal appellate decisions have now addressed whether, in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), parties may agree to waive their right to remove to federal court through forum selection clauses. In all three cases, each court held that to be enforceable the waiver must be expressed in "clear and unequivocal" terms or meet some other heightened standard of scrutiny. These court decisions present several significant points. First, the decisions of these courts to deviate from general principles of contract construction and analyze the waiver issue under …
The Recent Amendments To Ucc Article 9: Problems And Solutions,
2011
University of Richmond School of Law
The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch
University of Richmond Law Review
This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to offer guidance to legal professionals confronting particular issues under current and future Article 9.
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions,
2011
University of Maryland School of Law
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky
Faculty Scholarship
In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …
Credit Default Swaps And Clearing,
2011
American University Washington College of Law
Credit Default Swaps And Clearing, Nazanin Baseri
Legislation and Policy Brief
In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello,
2011
University of Maryland Francis King Carey School of Law
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Faculty Scholarship
No abstract provided.
Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption,
2011
Wayne State University
Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan
Law Faculty Research Publications
In this article, Professor Dolan maintains that UCC Article 5 fashions a comprehensive remedy scheme for recurring damages claims in letter of credit litigation. That scheme, he contends, is upset by the introduction of most common law causes of action in Article 5 litigation. He concludes, therefore, that courts should not entertain those common law claims, which he sees as destructive of letter of credit law and of the unique commercial nature of letters of credit. Using the economic loss doctrine and similar theories, he urges courts to dismiss actions brought in addition to or in lieu of the remedies …
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model,
2011
Schulich School of Law, Dalhousie University
Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo
LLM Theses
This thesis examines the need for a multilateral regime for the regulation of foreign direct investment. The absence of such a regime has slowed the growth of foreign direct investment, as investment decisions are difficult to make because of the uncertainty of investment rules. Attempts to establish a multilateral framework for investment have failed due to disagreement between developed and developing countries on its scope. The major source of controversy has been the inclusion of the national treatment standard in the prospective agreement. This thesis analyses the position of both sides, and attempts to find a balance between the positive …
Good Faith In Revlon-Land,
2011
Washington and Lee University School of Law
Good Faith In Revlon-Land, Christopher M. Bruner
Scholarly Articles
The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties.
In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …
Letter From The Editor,
2011
American University Washington College of Law
The Mexican Courts And Arbitration: A New Partnership,
2011
American University Washington College of Law
The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas
Arbitration Brief
No abstract provided.
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified,
2011
Nova Southeastern University - Shepard Broad Law Center
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Faculty Scholarship
No abstract provided.
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony,
2011
American University Washington College of Law
2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz
Arbitration Brief
No abstract provided.
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?,
2011
American University Washington College of Law
Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez
Arbitration Brief
No abstract provided.
Careers In International Commercial Arbitration,
2011
American University Washington College of Law
Careers In International Commercial Arbitration, Safina Lakhani
Arbitration Brief
No abstract provided.
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence,
2011
American University Washington College of Law
Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales
Arbitration Brief
No abstract provided.
Implementation Of The New York Convention In China,
2011
American University Washington College of Law
Implementation Of The New York Convention In China, Xiaohong Xia
Arbitration Brief
No abstract provided.
