"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.
Mediation Representation: Representing Clients Anywhere,
2011
Touro College Jacob D. Fuchsberg Law Center
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Scholarly Works
No abstract provided.
Redesigning Global Trade Institutions,
2011
Touro Law Center
Redesigning Global Trade Institutions, John Linarelli
Scholarly Works
This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …
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 …
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws,
2011
Allard School of Law at the University of British Columbia
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom
All Faculty Publications
In honour of the 40th Consumer and Commercial Law Workshop and the 50th volume of the Canadian Business Law Journal we have been asked to provide a retrospective of developments in the conflict of laws that highlights emerging issues. We have chosen to present it in a conversational fashion in which each of us presents a perspective and the other two offer their comments.
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 …
Developments In The Laws Governing Electronic Payments,
2011
Indiana University Maurer School of Law
Developments In The Laws Governing Electronic Payments, Sarah Jane Hughes
Articles by Maurer Faculty
No abstract provided.
Alteration Of The Contractual Equilibrium Under The Unidroit Principles,
2010
Arab American University - Jenin
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study,
2010
University of Southern Maine, Muskie School of Public Service
What Is The Impact Of Liquor Licensing Laws On Portland’S Entertainment Venues? A Case Study, Will Etheridge
Muskie School Capstones and Dissertations
In January 2009, Port City Music Hall in Portland, Maine was preparing to open its doors to the public for the first time. With a capacity for nearly six hundred attendees, Port City Music Hall was designed to attract national touring acts to Portland too big for the bar scene, but not suited for the Merrill Auditorium or Cumberland Civic Center. With the State Theatre still shuttered at the time, this new venue hoped to fill an important niche in the city’s creative economy, bringing a diverse array of performers that would not otherwise be able to find a viable …
The Rise Of Computerized High Frequency Trading: Use And Controversy,
2010
Duke Law
The Rise Of Computerized High Frequency Trading: Use And Controversy, Michael J. Mcgowan
Duke Law & Technology Review
Over the last decade, there has been a dramatic shift in how securities are traded in the capital markets. Utilizing supercomputers and complex algorithms that pick up on breaking news, company/stock/economic information and price and volume movements, many institutions now make trades in a matter of microseconds, through a practice known as high frequency trading. Today, high frequency traders have virtually phased out the "dinosaur" floor-traders and average investors of the past. With the recent attempted robbery of one of these high frequency trading platforms from Goldman Sachs this past summer, this "rise of the machines" has become front page …
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation,
2010
Brooklyn Law School
Resolving The Dilemma Of Nonjusticiable Causation In Failure-To-Warn Litigation, Neil B. Cohen, Aaron Twerski
Faculty Scholarship
No abstract provided.
Standardization Of Standard-Form Contracts: Competition And Contract Implications,
2010
William & Mary Law School
Standardization Of Standard-Form Contracts: Competition And Contract Implications, Mark R. Patterson
William & Mary Law Review
Standard-form contracts are a common feature of commercial relationships because they offer the advantage of lower transaction costs. This advantage of standard contracts is increased when there is a second layer of standardization under which multiple firms agree on a standard contract. Trade associations and similar entities often effect standardization of this kind through collective agreement on a standard contract, sometimes under the aegis of state actors. Multifirm contract standardization can provide not only the usual transaction-cost advantages of standard-form contracts, but also increased competition among firms, because a standard contract makes comparison among firms’ offerings easier. But standardization among …
Reinventing Usefulness,
2010
Brigham Young University Law School
Brands, Competition, And The Law,
2010
Brigham Young University Law School
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks,
2010
Brigham Young University Law School
Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz
BYU Law Review
No abstract provided.
Transforming The Allocation Of Deal Risk Through Reverse Termination Fees,
2010
Vanderbilt University Law School
Transforming The Allocation Of Deal Risk Through Reverse Termination Fees, Afra Afsharipour
Vanderbilt Law Review
Acquisition agreements are peppered with various provisions designed to mitigate, allocate, or address the ramifications of deal risk. The potential for deal risk is particularly pronounced in acquisition transactions involving public companies, which generally entail a significant interim period between the date of the signing of the acquisition agreement and the date of the completion of the transaction. Allocation of deal risk is a vital component of deals where millions, if not billions, of dollars are at stake for buyers and sellers, as well as their shareholders and stakeholders. Perhaps the most obvious deal risk is of one party abandoning …
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello,
2010
Cornell Law School
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Cornell Law Faculty Publications
In addition to gerund-noun-noun titles and a concern with the misaligned incentives of businesses that handle consumers' financial data, Chris Hoofnagle's Internalizing Identity Theft and Juliet Moringiello's Warranting Data Security share something else: hidden themes. Hoofnagle's paper is officially about an empirical study of identity theft, but behind the scenes it's also an exploration of where we draw the line between public information shared freely and secret information used to authenticate individuals. Moringiello's paper is officially a proposal for a new warranty of secure handling of payment information, but under the surface, it invites us to think about the relationship …
The Costs Of Liquidity Enhancement: Transparency, Risk Alteration And Coordination Problems,
2010
Brooklyn Law School
The Costs Of Liquidity Enhancement: Transparency, Risk Alteration And Coordination Problems, Edward J. Janger
Faculty Scholarship
No abstract provided.
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes,
2010
Georgia State University College of Law
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
