Calling A Spade, A Spade: Infirmities Facing Bump Stock Regulation Under The National Firearms Act,
2019
University of Kentucky
Calling A Spade, A Spade: Infirmities Facing Bump Stock Regulation Under The National Firearms Act, William Tyler Gilbert
Kentucky Law Journal
No abstract provided.
Developments In The Law Affecting Electronic Payments And Financial Services,
2019
Indiana University Maurer School of Law
Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner
Articles by Maurer Faculty
This short article surveys developments in the law affecting electronic payments and financial services from June 1, 2017 to June 1, 2018. During this period, significant developments occurred that affected the regulation of initial coin offerings (ICOs), the Office of the Comptroller of the Currency’s proposal to issue “special purpose national bank charters” to FinTech companies, the CFPB’s final regulation of prepaid, general-purpose cards, state regulation of payroll cards, and how lawyers taking cryptocurrencies from clients as payment for services or for safekeeping should protect them. The survey also presents newly issued BitLicenses under the New York Department of Financial …
More Steps Toward Fully Electronic Interbank Check Collection And Return: Amendments To Federal Reserve Board Regulation Cc And A Regulatory Resolution Of A Circuit Split,
2019
Indiana University Maurer School of Law
More Steps Toward Fully Electronic Interbank Check Collection And Return: Amendments To Federal Reserve Board Regulation Cc And A Regulatory Resolution Of A Circuit Split, Sarah Jane Hughes
Articles by Maurer Faculty
This article analyzes two actions in 2017 and 2018, respectively, by the Board of Governors of the Federal Reserve System that amend Regulation CC, which governs expedited deposit availability and collection of checks generally and implements the Expedited Funds Availability Act of 1987 and the Check Clearing for the 21st Century Act of 2003. It selects examples from the two sets of amendments that highlight regulatory strategies being used by the Board to facilitate faster payments through the movement of electronic images of checks or electronic information among banks in the check-collection process. Those strategies involve creation of new forms …
Contracts: Between A Rock And A Hard Place—Sorchaga V. Ride Auto, Llc,
2019
Mitchell Hamline School of Law
Contracts: Between A Rock And A Hard Place—Sorchaga V. Ride Auto, Llc, Rachel D. Zaiger
Mitchell Hamline Law Review
No abstract provided.
Expanding Access To Remedies Through E-Court Initiatives,
2019
University of Missouri School of Law
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Buffalo Law Review
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …
Teaching Legal Studies In Business Degrees: A Review Of A Method And Its Practice,
2019
Monash University
Teaching Legal Studies In Business Degrees: A Review Of A Method And Its Practice, Diane Kraal, Andrew Coleman
Australian Journal of Teacher Education
The legal studies teaching methodology IRAC (issue, rule, application, conclusion) is widely used in universities by both law and business schools. This paper examines the effectiveness of IRAC from a teaching perspective and its usefulness for business students. Data is generated from an Australian university case study using teacher interviews and a student survey. The findings suggest that, because of its flexibility and logical structure, the practice of IRAC has become normalised. However it is only effective if teachers disseminate these features consistently in their teaching. Students in the study understood the usefulness of IRAC for classwork, but encountered application …
Weed The People: Trademarking Rights In The Marijuana Industry,
2019
Mitchell Hamline School of Law
Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen
Cybaris®
No abstract provided.
Digital Market Perfection,
2019
Boston University School of Law
Digital Market Perfection, Rory Van Loo
Michigan Law Review
Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous societal benefits. Whereas …
Property, Agency, And The Blockchain: New Technology, And Longstanding Legal Paradigms,
2019
Indiana University Maurer School of Law
Property, Agency, And The Blockchain: New Technology, And Longstanding Legal Paradigms, Sarah Jane Hughes
Articles by Maurer Faculty
This article, presented first as the keynote address at the February 2019 Symposium “The Emerging Blockchain and the Law” at Wayne State, explores the need for repetitive considerations of how blockchain technology affects our traditional concepts of property and agency. The article concludes that well-tested norms of property and agency may matter more, not less, when new technologies such as blockchain are used.
Contracts, Constitutions, And Getting The Interpretation-Construction Distinction Right,
2019
Georgetown University Law Center
Contracts, Constitutions, And Getting The Interpretation-Construction Distinction Right, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Interpretation determines the meaning of a legal actor’s words or other significant acts, construction their legal effect. Using contract law and then two nineteenth century theories of constitutional interpretation as examples, this Article advances four claims about interpretation, construction, and the relationship between the two. First, many theorists, following Francis Lieber, assume that rules of construction apply only when interpretation runs out, such as when a text’s meaning is ambiguous or does not address an issue. In fact, a rule of construction is always necessary to determine a legal speech act’s effect, including when its meaning is clear and definite. …
Citizen Capitalism: How A Universal Fund Can Provide Influence And Income To All (2019),
2019
New York Law School
Citizen Capitalism: How A Universal Fund Can Provide Influence And Income To All (2019), Lynn A. Stout, Sergio Gramitto, Tamara Belinfanti
Books
Corporations have a huge influence on the life of every citizen--this book offers a visionary but practical plan to give every citizen a say in how corporations are run while also gaining some supplemental income. It lays out a clear approach that uses the mechanisms of the private market to hold corporations accountable to the public.
This would happen through the creation of what the authors call the Universal Fund, a kind of national, democratic, mega mutual fund. Every American over eighteen would be entitled to a share and would participate in directing its share voting choices. Corporations and wealthy …
The Case For American Muslim Arbitration,
2019
University of Colorado Law School
The Case For American Muslim Arbitration, Rabea Benhalim
Publications
This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …
Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform,
2019
University of Miami School of Law
Social Justice And Deposit Return Calculations: A Study Of Success And Failure In Commercial Law Reform, William H. Widen
Articles
No abstract provided.
Helping David Fight Goliath: Preserving The Wto In The Trump Era,
2019
New York Law School
Helping David Fight Goliath: Preserving The Wto In The Trump Era, Michael Goodyear
Articles & Chapters
The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization (WTO). The WTO is largely built on Members’ willingness to comply with its rules, and the current Dispute Settlement Understanding (DSU) is too weak to deter an avowed enemy of the WTO, such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States.
The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …
Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law,
2019
Fordham Law School
Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb
Faculty Scholarship
Part I returns to the classic definition of hard international law initially put forward by Kenneth Abbott and Duncan Snidal and related IR scholars and analyzes existing commercial law treaties in light of this definition. It concludes that virtually none of these commercial law treaties constitute “hard” international law because nearly all commercial law treaties rely on national courts for enforcement. But Abbott and Snidal’s focus on the extent to which international law is legalized—and especially the extent to which it is enforced by international actors—may matter less with commercial than other more public international lawmaking. This is because the …
Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts,
2019
Mitchell Hamline School of Law
Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben
Cardozo Journal of Conflict Resolution
This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.
What's In A Name? The Terms "Commercial" And "Mediation" In The Singapore Convention On Mediation,
2019
Moritz College of Law, The Ohio State University
What's In A Name? The Terms "Commercial" And "Mediation" In The Singapore Convention On Mediation, Ellen E. Deason
Cardozo Journal of Conflict Resolution
One could interpret Shakespeare's famous quote as standing for the proposition that labels do not alter the essence of the thing named. In this article I draw inspiration from the quote to provide a foil for examining the use of the terms "commercial" and "mediation" in the Singapore Convention and Mediation Model Law. I will consider how the terms are framed and defined, the extent to which the names and their associated meanings introduce new ideas, and how their use might matter for the interpretation of important concepts in these instruments. Part I of the article discusses the term "commercial" …
Hostile Takeover Regimes In Asia: A Comparative Approach,
2019
Singapore Management University
Hostile Takeover Regimes In Asia: A Comparative Approach, Umakanth Varottil, Wai Yee Wan
Research Collection Yong Pung How School Of Law
The market for corporate control is animportant corporate governance mechanism for the discipline of corporatemanagers. However, the process and substance of the regulation of hostiletakeovers differs remarkably among various jurisdictions. Existing andinfluential scholarship has focused on the differences in regulation between UnitedStates (US) and the United Kingdom (UK), with the explanations being founded ininterest group politics. Influential as it is, the question is whether thetheory can be extended outside of the US and the UK, particularly to theirlegal transplants in Asia? In the last few decades, many of the Asianjurisdictions have drawn heavily from the US and the UK when …
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule,
2019
William S. Boyd School of Law, University of Nevada
Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Did Five Supreme Court Justices Go "Completely Bonkers"?: Saul Goodman, Legal Advertising, And The First Amendment Since Bates V. State Bar Of Arizona,
2019
University of Wisconsin-Eau Claire
Did Five Supreme Court Justices Go "Completely Bonkers"?: Saul Goodman, Legal Advertising, And The First Amendment Since Bates V. State Bar Of Arizona, Eric T. Kasper, Troy A. Kozma
Cardozo Arts & Entertainment Law Journal
In Bates v. State Bar of Arizona (1977), the U.S. Supreme Court held for the first time that the First and Fourteenth Amendments' protection of the freedom of speech extends to truthful advertising of attorneys' services. The ruling set aside decades of ethics rules that had prohibited lawyers from engaging in this type of marketing that bar associations had deemed predatory and beneath the stature of the profession. Saul Goodman from Breaking Bad and Better Call Saul is a pop culture representation of what legal advertising has become, both reflecting and shaping public perception of legal commercial publicity. But are …
