Commercial Law Commons^™

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …

Requiem For Cyberspace: The Effect Of The European General Privacy Regulation On The Global Internet, Steven Tapia

Seattle University Law Review

The dream of a perpetual, limitless, non-dimensional space is an idea that has transfixed clergy, philosophers, and poets for ages. Whether it is called “heaven,” “the afterlife,” “nirvana,” or another linguistic stand-in, the dream of a dimension beyond the bounds of time, space, and the laws of nature seems as universal as any concept ever. From its initial development in the 1970s (as a military, academic, and governmental experiment in creating a wholly alternative means of communication capable of surviving catastrophic failures of any parts of the communications conduits) until essentially now, the Internet seemed to be the closest incarnate …

Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett

Seattle University Law Review

In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying U.S. consumer privacy law with a …

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools that data protection and privacy …

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared …

Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman

Pace Law Review

The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with …

Will Tenure Voting Give Corporate Managers Lifetime Tenure?, Paul H. Edelman, Randall S. Thomas, Wei Jiang

Vanderbilt Law School Faculty Publications

Dual-class voting systems have been widely employed in recent initial public offerings by large tech companies, but have been roundly condemned by institutional investors and the S&P 500. As an alternative, commentators have proposed adoption of tenure voting systems, where investor voting rights increase with the length of time that they hold shares. In furtherance of this proposal, some Silicon Valley investors have requested that the SEC permit the creation of a new stock exchange where all of the companies will be required to use tenure voting systems.

Is tenure voting a better choice than dual-class stock for both corporate …

Law School News: Introducing The Joint Jd/Mba Degree 03/07/2019, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

When Does Big Law Work?, Abraham J.B. Cable

Marquette Law Review

Law firms have grown from hundreds of lawyers to thousands of lawyers, and the conventional wisdom is that this trend fuels dissatisfaction among lawyers. This Article scrutinizes that conventional wisdom based on interviews with lawyers who joined large firms through law-firm mergers. These lawyers offer a valuable perspective on firm size because they made abrupt changes from small to large firms. Though some interviewees echoed the conventional wisdom, others suggested that larger firm size has limited or even positive effects on professional satisfaction. In one counter-narrative, large law firms are relatively diffuse organizations that have limited influence over individual lawyers. …

Pro-Development Dispute Resolution Mechanisms And Norms For Investment And Commercial Disputes In Asean, Man Yip

Research Collection Yong Pung How School Of Law

The establishment of the AEC in December 2015 marked an important milestone in the acceleration of regional economic integration. In the next ten years, according to the AEC Blueprint 2025, an area of focus for ASEAN is the development and promotion of MSMEs. Transnational transactions within and with ASEAN will therefore continue to rise, which will undoubtedly lead to a concomitant increase in the volume as well as the complexity of disputes. This chapter explores the strategic development of innovative approaches to facilitate the resolution of investor-state and commercial disputes in ASEAN. It argues that the creation of new dispute …

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.

Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper

Cornell Law Library Prize for Exemplary Student Research Papers

In recent years, the plight of small businesses in New York City has become a contentious topic. Although the city and its current mayoral administration share a long-standing commitment to affordable housing, the city’s small businesses—an integral and defining feature of the urban landscape—have suffered immensely. In the past decade, local establishments have largely given way to a homogeneous landscape of empty storefronts and national chain stores.The loss of local busi- ness occurs with such staggering frequency that there is an entire thriving blog subculture documenting their “vanishing” and the Center for an Urban Future publishes an annual report on …

Introductions, Tonya M. Evans, Julia Spivak

Law Faculty Scholarship

An introduction to the Symposium and an introduction to Blockchain technology in preparation for the topics of the rest of the symposium.

The Role Of International Rules In Blockchain-Based Cross-Border Commercial Disputes, Tonya M. Evans

Law Faculty Scholarship

[excerpt] The concept of online dispute resolution (ODR) is not new. 1 But, with the advent of Web 3.0, the distributed web that facilitates pseudonymous and cross-border transactions via blockchain's distributed ledger technology, 2 the idea of, and pressing need for, appropriate dispute resolution models for blockchain-based disputes to support this novel system of distributed consensus and trust of which blockchain proponents boast, is a primary concern in rapid development. 3 The common goal of each project is to utilize smart contracts to facilitate "superior, quicker[,] and less expensive proceedings by eliminating so many of the tedious and protracted trappings …

The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield

Scholarly Articles

This Article constitutes a lightly edited transcription of Joshua Fairfield's oral remarks at the April 6, 2018 Cleveland State Law Review Symposium on Blockchain Law and Technology.

The author posits that there is a tendency to think that technology will emerge triumphant in resolving physical problems, including banking and transactional recording; that there is sort of a "tech-bro utopianism," epitomized by Mark Zuckerberg, suggesting that what we need is a technological, not a human, solution. He states that one major problem is that social technologists, psychologists, historians, linguists, and cultural anthropologists are not on the development teams that are building …

Regulatory Takings And The Constitutionality Of Commercial Rent Regulation In New York City, Henry Topper

Cornell Law Review

This Note surveys the current status of small businesses and commercial tenant law in New York City and discusses whether or not the Small Business Jobs Survival Act (SBJSA) and commercial rent control are constitutional in light of current regulatory takings jurisprudence. Part I surveys the history of land use regulations in the city, the introduction of residential rent control, and the city's brief flirtation with commercial rent control in the mid-20th century. Part II explains the decline and current state of small businesses and the commercial law regime in the city, including the SBJSA proposal. Part III describes the …

A Mathematical Solution To The Sine Of Madness That Is Pharmaceutical Compulsory Licensing Under The Trips Agreement And The Doha Declaration, Ashley E. Sperbeck

Marquette Intellectual Property Law Review

A viable economic solution is necessary to address the shortcomings, textual ambiguities, and deficiencies engulfing international patent protection, leading to the inability of LDCs facing public health crises or national emergencies and lacking pharmaceutical manufacturing facilities to obtain generic pharmaceuticals. This Note poses a solution to this problem via another Amendment to the TRIPS Agreement and the Doha Declaration, which provides a mathematical framework to determine when and under what circumstances a compulsory license should be granted. Furthermore, this Note contemplates establishment of a WTO subcommittee to oversee this proposed solution and to ensure compliance with this Amendment. This concrete …