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.
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 …
Securitization And Suburbia,
2011
American University Washington College of Law
Securitization And Suburbia, Heather Hughes
Scholarly Articles in Law Reviews & Journals
This Article explores the relationship between one typical form of real estate development finance-the securitized mezzanine loanand one controversial phenomenon-suburban sprawl. It asks foundational questions about the connection between financial transactions and real-world applications of the capital they raise. In this work, sprawl serves as an example of an environmental consequence of applications of capital raised with a common form of transaction. This Article considers the extent to which commercial finance laws release forceful incentives driven by capital markets upon land use decisions, potentially undermining the collective, morally informed determination such decisions require. It rejects the aesthetic aversion to looking …
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 …
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 …
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.
Flawed Assumptions: A Corporate Law Analysis Of Free Speech And Corporate Personhood In Citizens United,
2011
Georgia State University College of Law
Flawed Assumptions: A Corporate Law Analysis Of Free Speech And Corporate Personhood In Citizens United, Anne M. Tucker
Faculty Publications By Year
In the wake of the January, 2010 Supreme Court decision in Citizens United, special interest groups, citizens, and politicians alike have engaged in a rigorous debate about the role of corporate speech within our democratic process. The First Amendment issues raised in Citizens United - to that extent do corporations have a constitutionally protected right to participate in and influence our elections through expenditures - evoke larger questions about the roles, rights, and responsibilities of corporations within our society. This article concludes that the Supreme Court did not reference corporate law principles when analyzing the fundamental First Amendment debate in …
Defining Civil Disputes: Lessons From Two Jurisdictions,
2011
Dalhousie University Schulich School of Law
Defining Civil Disputes: Lessons From Two Jurisdictions, Elizabeth Thornburg, Camille Cameron
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
Construction Defects: Are They “Occurrences”?,
2011
Penn State Law
Construction Defects: Are They “Occurrences”?, Chris French
Faculty Scholarship
An issue in the area of insurance law that has been litigated frequently in recent years is whether construction defects are “occurrences” under Commercial General Liability (“CGL”) insurance policies. The courts have been divided in deciding the issue and in their approaches to analyzing the issue. This article addresses how the issue should be analyzed and concludes that construction defects are “occurrences”. The relevant rules of insurance policy interpretation dictate that construction defects are “occurrences”. Policy language should be interpreted in such a way as to fulfill the reasonable expectations of the policyholder when the policy is construed as a …
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 …
Giving State Tax Incentives To Corporations: How Much Is Too Much?,
2011
University of South Carolina
Giving State Tax Incentives To Corporations: How Much Is Too Much?, Kathleen E. Mcdavid
South Carolina Journal of International Law and Business
No abstract provided.
