Fiduciary Obligations In Business And Investment: Implications Of Climate Change,
2017
Allard School of Law at the University of British Columbia
Fiduciary Obligations In Business And Investment: Implications Of Climate Change, Janis P. Sarra
All Faculty Publications
Fiduciary obligation, under both corporate law and the common law, requires directors and officers to identify and address climate-related financial and other risks. In fulfilling their obligations to act in the best interests of the company, directors and officers must directly engage with developments in knowledge regarding physical and transition risks related to climate change and how these risks may impact their corporation. Depending on the firm’s economic activities, the risk may be minor or highly significant, but directors and officers have an obligation to make the inquiries, to devise strategies to address risks, and to have an ongoing monitoring …
Commercial Arbitration: Germany And The United States,
2017
Elisabeth Haub School of Law at Pace University
Commercial Arbitration: Germany And The United States, Jill I. Gross, Christian Duve
Elisabeth Haub School of Law Faculty Publications
Arbitration has deep roots in the legal cultures of the United States and Germany--and is still an important option for resolving disputes in both countries today. As far back as Colonial times, US merchants used arbitration to settle industry disputes, and in the early 19th century, American stockbrokers resolved intra-industry disputes through arbitration at the New York Stock Exchange. In Germany, a country with a civil law rather than a common law tradition, commercial arbitration has been practiced for centuries: the first draft of the German Code of Civil Procedure from 1877 included a section establishing the legal foundations of …
Introduction To U.S. Export Controls For The
Commercial Space Industry,
2017
University of Nebraska - Lincoln
Introduction To U.S. Export Controls For The Commercial Space Industry, U.S. Department Of Commerce’S Office Of Space Commerce, Federal Aviation Administration’S Office Of Commercial Space Transportation
Space Law Documents
This guidebook provides basic information to help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market. It is intended to serve as a starting point in the preparation for the export control process. This is an update to the 2008 edition and reflects changes due to the Export Control Reform initiative. Because most space technologies are subject to export controls, it is your responsibility to be aware of the steps necessary to ensure that your operations are lawful. While this guidebook gives an overview of the general responsibilities and procedures, it cannot replace a full understanding …
Do We Need A Global Commercial Code?,
2017
Penn State Dickinson Law
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
Uniform Commercial Acts,
2017
Penn State Dickinson Law
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
The Uniform Commercial Acts,
2017
Penn State Dickinson Law
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
Shareholder Voting In Proxy Contests For Corporate Control, Uncontested Director Elections And Management Proposals,
2017
Vanderbilt University Law School
Shareholder Voting In Proxy Contests For Corporate Control, Uncontested Director Elections And Management Proposals, Randall Thomas, Patrick C. Tricker
Vanderbilt Law School Faculty Publications
This paper surveys the empirical literature on shareholder voting, specifically on votes related to contested and uncontested director elections and on management proposals. While much of current theory depicts shareholder votes as an ineffective control on the boards decision making, the empirical literature paints a more nuanced picture. When a proxy contest breaks out, shareholders wield immense influence. These contests tend to have significant benefits for the corporation, including facilitating a change in management, reducing unnecessary liquidity, and prompting the payout of dividends. Even in uncontested director elections, shareholders decisions to vote for or withhold their vote reflect the company's …
Smart Contracts: Terminology, Technical Limitations And Real World Complexity,
2017
Singapore Management University
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Research Collection Yong Pung How School Of Law
If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?,
2017
Dentons Rodyk & Davidson
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Research Collection Yong Pung How School Of Law
In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard …
Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017,
2017
New England Cable News (NECN)
Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: From Farm To School 09-21-2017,
2017
Roger Williams University
Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005,
2017
University of Oklahoma College of Law
E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005, Felix W.H. Chan
Oklahoma Journal of Law and Technology
No abstract provided.
Supremacy Of Law Or Religion: Congress's Power To Amend The Constitution Bypassing Constraints Of The Constitutional Process,
2017
DePaul University
Supremacy Of Law Or Religion: Congress's Power To Amend The Constitution Bypassing Constraints Of The Constitutional Process, Roman Sankovych
DePaul Business & Commercial Law Journal
No abstract provided.
The Netflix Tax: Chicago's Extension Of Its Amusement Tax To Include Electronically Delivered Entertainment Faces Numerous Changes And Sets The Stage For Taxing On Streaming-Based Entertainment,
2017
DePaul University
The Netflix Tax: Chicago's Extension Of Its Amusement Tax To Include Electronically Delivered Entertainment Faces Numerous Changes And Sets The Stage For Taxing On Streaming-Based Entertainment, Stephanie Cueman
DePaul Business & Commercial Law Journal
No abstract provided.
Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements,
2017
Nova Southeastern University - Shepard Broad Law Center
Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements, Florence Shu-Acquaye
DePaul Business & Commercial Law Journal
No abstract provided.
The Eleventh Circuit's Second Shot At Getting It Right: Nonconsensual Nondebtor Releases In Bankruptcy Court,
2017
DePaul University
The Eleventh Circuit's Second Shot At Getting It Right: Nonconsensual Nondebtor Releases In Bankruptcy Court, Pierce G. Hand Iv
DePaul Business & Commercial Law Journal
No abstract provided.
Section 3: Business Law Panel,
2017
William & Mary Law School
Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Tales From A Form Book: Stock Stories And Transactional Documents,
2017
Clinical Professor of Law, Sandra Day O’Connor College of Law, Arizona State University
Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon
Montana Law Review
Tales from a Form Book: Stock Stories and Transactional Documents
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason,
2017
Singapore Management University
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no-conflict rule for the company director. Such an inquiry is directed at discerning the realistic ability of the company to exploit any particular business opportunity and a strict capacity approach is eschewed, at least where the no-conflict rule is concerned. The decision is premised on a bifurcation between the no-conflict and no-profit rules, suggesting that the tests to determine breach of these fiduciary rules are not necessarily the same, thus permitting a more nuanced consideration of directorial breaches.
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia,
2017
Singapore Management University
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or …
