Commercial Law Commons^™

The Future Of Freedom Of Press In Indonesia After The Personal Data Protection Law Era, Untung Sumarwan, Arief Hidayat, Lita Tyesta Alw

Indonesia Law Review

The press is a manifestation of the sovereignty of the Indonesian people. Unfortunately, the spirit of freedom of the press seems to be still experiencing shocks from various angles, one of which is the birth of Law number 27 of 2022 concerning Personal Data Protection (PDP Law). On the one hand, the presence of the PDP Law should be appreciated as a form of government effort to protect citizens' rights to privacy. However, unfortunately, several article provisions in the PDP Law still intersect with the Press, which are not a form of restriction in positive terms but have the potential …

Modular Bankruptcy: Toward A Consumer Scheme Of Arrangement, John A. E. Pottow

Law & Economics Working Papers

The world of international bankruptcy has seen increasing use of the versatile scheme of arrangement, a form of corporate reorganization available under English law. A key feature of the scheme is its modularity, whereby a debtor can restructure only a single class of debt, such as bond indentures, without affecting other debt, such as trade. This is the opposite of chapter 11 of the U.S. Bankruptcy Code’s comprehensive reckoning of all financial stakeholders. This article considers a novel idea: could the scheme be transplanted into the consumer realm? It argues that it could and should. Substantial benefits of more individually …

Beyond Consumer Protection: Standardized Stablecoins Disclosure As Information Infrastructure, Shuping Li

Brooklyn Journal of International Law

This article argues for standardized disclosure for stablecoins regulation. Information disclosure has long been considered a primary tool for consumer protection. Stablecoin issuers should disclose honestly and responsibly about the qualification of themselves, as well as the value, quantity, and operational mechanism of their stablecoins. Such disclosure can prevent issuers from taking advantage of information asymmetries for consumer exploitation or fraud. It is then up to the consumers to make informed investment or consumption decisions. More importantly, this paper argues that the fundamental role of information disclosure is to form a knowledge base for financial regulation and policymaking. The importance …

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

A Theory Of Substantive Standards Of Review: The Case Of Corporate Law, Tomer S. Stein

Scholarly Works

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited deference to universities. In West Virginia v. EPA, the Court reduced its deference to administrative agencies. In Coster v. UIP Cos., Inc., the Delaware Supreme Court limited deference to boards of directors, proclaimed a new standard of review, and then retracted the new standard of review (maybe). Common to these constitutional, administrative, and corporate law cases is unpredictability, uncertainty, and inconsistency in the use and application of substantive standards of review. This doctrinal chaos is explicitly acknowledged by the very judges that formulate …

Wireless Investors & Apathy Obsolescence, Sergio Alberto Gramitto Ricci, Christina M. Sautter

Faculty Works

This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors “wireless investors.” By applying game theory, this Article discusses how wireless investors’ global-scale online interactions allow them to circulate information and coordinate, obliterating collective action problems.

The Retail Investor Report, Nick Einhorn, Jill E. Fisch, Sergio Alberto Gramitto Ricci, Monique Le, Christina M. Sautter

Faculty Works

In 2020, a wave of retail investors entered the stock market. In the last two years, approximately 30 million new retail investors opened brokerage accounts in the U.S. By 2021, retail investors comprised 25% of total equities trading volume, nearly double the percentage reported a decade prior.

And they’ve stuck around. In February 2023, retail investors across platforms set a new all-time high for weekly inflows, with $1.5 billion dollars pouring into the market in a single week.

Participation in the public markets remains high; more significantly, it has evolved. Public.com surveyed 2,000+ investors to compile its 2023 report. Public’s …

Miscellany On The Ucc And Its Primary Drafters, Virginia C. Thomas

Library Scholarly Publications

This column discusses how the UCC was shaped by monumental legal scholars Llewellyn and Mentschikoff, highlights the historical and archival resources that tell their story, and offers insight into their views on legal education.

Keynote Address, Sultan Meghji

Washington and Lee Law Review

Keynote address presented virtually at the Washington and Lee Law Review's 54th Annual Lara D. Gass Symposium: The Future of E-Commerce: Is It on a Blockchain? on Friday, March 17, 2023 in Lexington, Virginia.

Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes

Faculty Scholarship

Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …

The Legal Nature Of The Virtual Currency: In-Depth Legal Insight, Ahmed Al-Majali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The importance of the study is that the virtual currency has recently seen a great development and unusual demand, especially since the emergence of the Bitcoin. This is due to the liberalization of the restrictions imposed by the traditional currencies, which has become a form of monetary competition, the main element that distinguishes it is its areas of use: it combats speculation in local currencies, activates commercial activities, facilitates transfers for commercial, educational and service purposes, and many more legitimate purposes. More importantly, these transactions and transfers are carried out without disclosing the identity of the persons who implement them, …

Family Corporate Governance In The United Arab Emirates: Challenges And Prospects: Applied Legal Study, Omar Muhammad Al-Owais Mr., Imad Al-Din Abdel-Hai Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

This study revolves around the most prominent challenges facing the governance of family companies in the UAE, represented by the inheritance of employment, the lack of strategic planning, and the slow pace with keeping up with new digital technologies. Added to these challenges the economic instability, the changes in the structure of these companies and thus their ability to overcome these challenges throughout their life across successive generations. This succession may conduct to the termination of these companies due the different commercial and organizational visions of each generation, as each of them considers that his vision is the most suitable …

Formalization Of The Trading Company Contract And The Challenges Of The Fourth Industrial Revolution: An Analytical & Comparative Study, Dr. Karima Krim

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Recently, the world experiencing major internet-based technological changes that led to the Fourth Industrial Revolution. of which blockchain and smart contract are technologies. The first is a large, open and distributed digital record and store data, backed up and exchanged between users, secure and more reliable manner without the intervention of a trusted intermediary, allowing the smart contract to automate the implementation of contract terms. This study, focused on trying to identify its impact on the official contract of the trading company and the extent to which it could compensate for the role of the notary. Which concluded that blockchain …

Criteria For Considering The Shari’A Need When Applied To A Commercial Insurance Contract: An Applied Jurisprudential Study, Ahmed Al-Shafei Mr

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.

In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.

The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these criteria in a way that supports their opinion. Accordingly; Commercial insurance in its current …

Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen

Pepperdine Dispute Resolution Law Journal

This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …