Commerce,
2010
Yale Law School
Commerce, Jack M. Balkin
Michigan Law Review
This Article applies the method of text and principle to an important problem in constitutional interpretation: the constitutional legitimacy of the modem regulatory state and its expansive definition of federal commerce power Some originalists argue that the modem state cannot be justified, while others accept existing precedents as a "pragmatic exception" to originalism. Nonoriginalists, in turn, point to these difficulties as a refutation of originalist premises. Contemporary originalist readings have tended to view the commerce power through modem eyes. Originalists defending narrow readings offederal power have identified "commerce" with the trade of commodities; originalists defending broad readings of federal power …
The Backlash Against Investment Arbitration: Perceptions And Reality,
2010
Allard School of Law at the University of British Columbia
The Backlash Against Investment Arbitration: Perceptions And Reality, Michael Waibel, Asha Kaushal, Kwo-Hwa Liz Chung, Claire Balchin
All Faculty Publications
Commentators increasingly question whether a backlash against the foreign investment regime is underway. This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime. A diverse set of contributors reflect on the current state and the future direction of the international investment regime, and offer some tentative solutions for improvement: academics, practitioners, government officials and civil society. Contributors assess whether the current regime of investment arbitration is in crisis. They take a step back to look at the …
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming,
2010
University of Michigan Law School
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White
Articles
For the first time in American practice, we propose to implement a convention by a federal adoption of law previously enacted by the states – from Wyoming to New York – to implement the Convention on Independent Guarantees and Standby Letters of Credit (“Convention”).1
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic,
2010
Unviersity of Michigan Law School
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand
Articles
That is not to say that the launch of this clinic was easy. Four of the most challenging issues the ITC faced in its first year of operation were: 1) developing a client pool, 2) defining client projects so as to be appropriate to student clinicians’ skill levels and capacity, 3) making use of efficient and inexpensive technology to foster international communication with clients and transaction management, and 4) tapping supervisory attorney talent capable of supporting student clinicians in their international transactional work. The first two issues were the biggest challenges that we faced in launching the ITC and so …
Microfranchising: A Business Approach To Fighting Poverty,
2010
Unviersity of Michigan Law School
Microfranchising: A Business Approach To Fighting Poverty, Deborah Burand, David W. Koch
Articles
Imagine a franchise network that trains, guides, and supports hundreds of poor women with little or no business experience to become successful business owners. Such "microfranchise" efforts, though relatively small in number, have been gathering steam in the development community and, recently, attracting the attention of the mainstream franchising indus- Deborah Burand try. Advocates have seized on microfranchising as a natural complement or follow-on to the widely acclaimed successes of the "microfinance" sector, which provides small-scale finance services to over 150 million of the world's poor. Microfranchising today is where microfinance was a decade or more ago. It is appropriate …
From ‘Made In China’ To ‘Sold In China’,
2010
Singapore Management University
From ‘Made In China’ To ‘Sold In China’, Henry S. Gao
Research Collection Yong Pung How School Of Law
Two years ago, I wrote about a special program called ‘Made in China’, produced by CNN in the wake of the tainted milk scandal. Last month, CNN started to air another ‘Made in China’ program. No it is not that the last program was so popular that they want to bring it back. Instead the new one is a thirty second commercial rumored to have been financed by China’s Ministry of Commerce (who later denied this) in an effort to promote Chinese products.
In Defense Of The No Discharge After Notice Rule: A Reply,
2010
Singapore Management University
In Defense Of The No Discharge After Notice Rule: A Reply, Chee Ho Tham
Research Collection Yong Pung How School Of Law
Mr Trukhtanov has made his own summary of and response to my own account of equitable (and statutory) assignment, and how notice of assignment operates within them. Having been reminded of how the cases on the topic are usually understood, readers will have to make up their own minds. While there is, always, room for further thought, it is important not to lose sight of two fairly important distinctions. Where A is the debtor, B is the creditor, and C is an assignee to whom B has assigned the chose in action arising from A’s debt obligation, a distinction should …
Dare To Compare: Determining What "Other Available Methods" Can Be Considered Under Federal Rule 23(B)(3)'S Superiority Requirement,
2010
University of Georgia School of Law
Dare To Compare: Determining What "Other Available Methods" Can Be Considered Under Federal Rule 23(B)(3)'S Superiority Requirement, Andrea J. Parker
Georgia Law Review
When certifying a class action lawsuit, Federal Rule 23(b)(3) requires a federal district court judge to determine that a class action lawsuit is superior to "other available methods "of handling the dispute. A disagreement has emerged among the district courts regarding what constitutes an available method under the Rule. Several courts have found that private refund programs or settlement agreements instituted by a defendant can count as available methods under the superiority requirement, while other courts have found that they do not. This Note evaluates the question of whether private refund programs or settlement agreements should be compared to class …
