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Redesigning Global Trade Institutions, John Linarelli 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 …


Mediation Representation: Representing Clients Anywhere, Harold Abramson 2011 Touro College Jacob D. Fuchsberg Law Center

Mediation Representation: Representing Clients Anywhere, Harold Abramson

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, Jonathan I. Ezor 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 …


Late Delivery--Measure Of Damages, Sidney Kwestel 2011 Touro Law Center

Late Delivery--Measure Of Damages, Sidney Kwestel

Scholarly Works

No abstract provided.


Rethinking The Commercial Law Treaty, John F. Coyle 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, Danielle N. Paschal 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 …


Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas 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, Will Etheridge 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, Michael J. McGowan 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, Neil B. Cohen, Aaron Twerski 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, Mark R. Patterson 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, Michael Risch 2010 Brigham Young University Law School

Reinventing Usefulness, Michael Risch

BYU Law Review

No abstract provided.


Brands, Competition, And The Law, Deven R. Desai, Spencer Waller 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, Ariel Katz 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, Afra Afsharipour 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, James Grimmelmann 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, Edward J. Janger 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, Jessica D. Gabel 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.


Section 4: Business, Institute of Bill of Rights Law, William & Mary Law School 2010 William & Mary Law School

Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho THAM 2010 Singapore Management University

Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham

Research Collection Yong Pung How School Of Law

This case note examines the most recent attempt by the Court of Appeal to provide further guidance on: (a) how the doctrine of discharge of contract by breach operates when both parties are in breach of their contract obligations; and (b) when a promisee is entitled to rely on an alternate basis to justify its election to discharge a contract for the promisor’s breach when the basis originally relied upon and communicated to the promisor is ultimately found to be legally insufficient.


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