Commercial Law Commons^™

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the other hand, the …

Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness－Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida

Pace International Law Review

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a …

Guidelines And Best Practices For Implementing 2018 Amendments To Rule 23 Class Action Settlement Provisions, Bolch Judicial Institute

Bolch Judicial Institute Publications

In 2016, the Bolch Judicial Institute (then the Center for Judicial Studies) hosted a conference to develop Guidelines and Best Practices in light of new amendments to Rule 23 on Class Actions, which were scheduled to take effect on December 1, 2018.

The conference laid the groundwork for the Class Action Settlement Guidelines and Best Practices, which were drafted by 38 prominent defense and plaintiff practitioners and experts well experienced in class action litigation — with significant input and comment from six federal and state court judges.

This document is intended to help the bench and bar comply with the …

Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander

Research Collection Yong Pung How School Of Law

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and previous Kluwer posts on aspects of Vietnamese mediation, this post offers an overview of the main features of Vietnam’s legal and institutional framework for commercial mediation.

Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas

St. Mary's Law Journal

Abstract forthcoming

The Avoidance Of Pre-Bankruptcy Transactions: An Economic And Comparative Approach, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Most insolvency jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. These mechanisms, generally known as claw-back actions or avoidance provisions, may fulfil several economic goals. First, they act as an ex post alignment of incentives between factually insolvent debtors and their creditors, since the latter become the residual claimants of an insolvent firm but they do not have any control over the debtor´s assets while the company is not yet subject to a bankruptcy procedure. Thus, avoidance powers may prevent or, at least, reverse opportunistic behaviors faced by …

Teaching The Lochner Era, Barry Cushman

Journal Articles

This article, prepared for the St. Louis University Law Journal's issue on “Teaching the Fourteenth Amendment,” develops a taxonomy of the Supreme Court's economic substantive due process jurisprudence during the so-called “Lochner Era” of the late-19th and early-20th centuries, and offers an assessment of the trajectory and mechanisms of the decline of that body of doctrine.

Immigration As Commerce: A New Look At The Federal Immigration Power And The Constitution, Jennifer Gordon

Indiana Law Journal

When the United States government sets immigration law and policy, how much attention must it pay to constitutional rights? This question has been much debated since President Donald Trump issued a series of immigration-related executive orders in his first week in office, including a bar on entry by citizens of a set of majority-Muslim countries, but it was controversial long before then. In important part, the answer depends on what the Constitution says about the scope and limits of the power of the federal government over immigration. Therein lies the tale. On this subject, the country’s founding documents say very …

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, Andrew J. Conn, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and property transportation across the United States. This Article covers four major areas: (1) trucking and commercial transit; (2) aviation; (3) limousines, taxis, and rideshare services; and (4) railroads. Most of these areas are subject to heavy federal regulation due to their involvement in and effect on interstate commerce. This Article surveys significant judicial, regulatory, and legislative developments in Eleventh Circuit commercial transportation law during the period from January 1, 2016 through December 31, 2017.

Current Issues Of Protecting The Rights And Interests Of Subjects In The Field Of Sports, E.T. Musaev

Review of law sciences

This article considers the issues of improving norms regulating the relations connected with the status of fans of sports. The article includes suggestions and recommendations on introducing changes and amendments to the norms regulating the rights of sports fans based on the analysis of foreign experience and national legislation.

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.

Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman

Barry Law Review

No abstract provided.

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.

Foreword, Leticia Diaz

Barry Law Review

No abstract provided.

“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Karachi N. Achilihu

Maryland Law Review

No abstract provided.

Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton

Seattle University Law Review

Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the …