Letter From The Editor,
2011
American University Washington College of Law
Case Note: France Tribunal Des Conflits 17 Mai 2010,
2011
American University Washington College of Law
Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel
Arbitration Brief
No abstract provided.
Mediation And The Construction Industry: Has Arbitration Failed?,
2011
American University Washington College of Law
Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk
Arbitration Brief
No abstract provided.
Amendments To The Mexican Arbitration Statute,
2011
American University Washington College of Law
Amendments To The Mexican Arbitration Statute, Francisco González De Cossío
Arbitration Brief
No abstract provided.
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration,
2011
American University Washington College of Law
Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer
Arbitration Brief
No abstract provided.
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil,
2011
American University Washington College of Law
An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David
Arbitration Brief
No abstract provided.
Feminists And Firearms: Why Are So Many Women Anti-Choice?,
2011
Goodwin Procter LLP
Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles
Cardozo Journal of Equal Rights & Social Justice
The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.
An Analysis Of South Carolina's Incentives To The Boeing Company,
2011
University of South Carolina
An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker
South Carolina Journal of International Law and Business
No abstract provided.
The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law,
2011
CMS Hasche Sigle
The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge
Richmond Journal of Global Law & Business
The United Nations Convention on Contracts for the International Sale of Goods ("CISG"or "Convention") aims to create uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possi- ble that courts of different countries interpret the words of the Convention differently. This article investigates the major influences of domestic law on the Convention's interpretation and application. Notably, the so-called "homeward trend" of interpreters is discussed. Furthermore, the article scrutinizes the scope of Article 4 of the CISG in order to delimitate the …
Creating A Plug-In Electric Vehicle Industry Cluster In Michigan: Prospects And Policy Options,
2011
University of Michigan
Creating A Plug-In Electric Vehicle Industry Cluster In Michigan: Prospects And Policy Options, Thomas P. Lyon, Russell A. Baruffi Jr.
Michigan Telecommunications & Technology Law Review
This Article seeks to examine how policy can be used strategically to foster the development of a plug-in electric vehicle ("PEV") industry cluster in Michigan. The tendency for certain industries to localize in particular regions has captured the interest of much economic research and policy discussion in recent years. The trend toward the clustering of new industries has stayed strong despite the acceleration of globalization. Attention to clusters has proven to be an enduring theme in economic development circles for nearly thirty years. Clusters generate synergies that make industrial activity greater than the sum of contributions by individual players. In …
The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy,
2011
Michigan Department of Energy Labor and Economic Growth
The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss
Michigan Telecommunications & Technology Law Review
Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …
Somebody's Watching Me: Fcpa Monitorships And How They Can Work Better,
2011
Duke Law School
Somebody's Watching Me: Fcpa Monitorships And How They Can Work Better, F. Joseph Warin, Michael S. Diamant, Veronica S. Root
Faculty Scholarship
This article explores the rise of the corporate compliance monitor as a condition for settling violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) — a setting in which federal prosecutors routinely impose monitors. If U.S. enforcement authorities maintain their current approach, the reality is that companies facing liability for violating the FCPA are likely to have a monitor imposed on them as part of a settlement agreement. From the U.S. government’s perspective, monitorships make sense for companies that violate anti-bribery laws, making it important for offending corporations to learn how to deal with monitors. Pulling from the authors’ extensive …
Rethinking The Commercial Law Treaty,
2011
University of North Carolina at Chapel Hill
Rethinking The Commercial Law Treaty, John F. Coyle
Georgia Law Review
In international commercial transactions, it is not
always clear which state's law will apply to govern a
particular contract. Historically, states have sought to
address this problem by means of two types of treaties.
The first aims to solve the problem by bringing about the
substantive unification of commercial law across multiple
jurisdictions;once the law is everywhere the same, then it
no longer matters which state's law applies to govern the
contract. The second aims to solve the problem in part by
empowering the transacting parties to choose the law that
will govern their contract; once these parties know that …
Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing,
2011
University of Georgia School of Law
Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing, Danielle N. Paschal
Georgia Law Review
Exclusive dealing agreements are a form of vertical
restraint. They are often procompetitive and treated as
presumptively legal. Although claims against
anticompetitive agreements may be pursued under
numerous antitrust laws, claims have been brought more
recently under section 2 of the Sherman Act. Antitrust
laws generally focus on the percentage of foreclosure.
Section 2 of the Sherman Act, though, requires a smaller
percentage of foreclosure of distribution channels than
other antitrust laws. Analysis under section 2 of the
Sherman Act also focuses on the actual effects of the
agreement in the relevant market. Determining the
agreement's actual effects on the …
Agency And Partnership Law [2010],
2011
Singapore Management University
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Freedom Of Contract Vs. Free Alienability: An Old Struggle Emerges In A New Context,
2011
Brooklyn Law School
Freedom Of Contract Vs. Free Alienability: An Old Struggle Emerges In A New Context, Neil B. Cohen, William Henning
Faculty Scholarship
No abstract provided.
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution,
2011
Touro Law Center
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
Scholarly Works
No abstract provided.
Late Delivery--Measure Of Damages,
2011
Touro Law Center
Late Delivery--Measure Of Damages, Sidney Kwestel
Scholarly Works
No abstract provided.
Busting Blocks: Revisiting 47 U.S.C. §230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters,
2011
Touro Law Center
Busting Blocks: Revisiting 47 U.S.C. §230 To Address The Lack Of Effective Legal Recourse For Wrongful Inclusion In Spam Filters, Jonathan I. Ezor
Scholarly Works
This paper discusses the growth and increasing significance of e-mail in the business and personal environment, and how unsolicited bulk commercial e-mail, also known as spam, has become a significant drain on technical and economic resources. It analyzes the statutory and self-help efforts to combat spam, with a specific focus on block lists and automated spam filters, and describes how alleged spammers have brought lawsuits in U.S. courts claiming they had been wrongfully included within block lists and filters. Finally, it describes some possible claims under U.S. law, then argues for a revision to current statutes to mandate a higher …
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement,
2011
Touro Law Center
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli
Scholarly Works
This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …
