The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form,
2015
Seattle University School of Law
The Corporation As Time Machine: Intergenerational Equity, Intergenerational Efficiency, And The Corporate Form, Lynn A. Stout
Seattle University Law Review
This Symposium Article argues that the board-controlled corporation can be understood as a legal innovation that historically has functioned as a means of transferring wealth forward and sometimes backward through time, for the benefit of present and future generations. In this fashion the board-controlled corporation promotes both intergenerational equity and intergenerational efficiency. Logic and evidence each suggest, however, that the modern embrace of “shareholder value” as the only corporate objective and “shareholder democracy” as the ideal of corporate governance is damaging the corporate form’s ability to serve this economically and ethically important function.
Litigating Consumer Protection Acts In The Hamp Context,
2015
Seattle University School of Law
Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin
Seattle University Law Review
The foreclosure crisis has lingered despite the improving economy. To alleviate this crisis, the U.S. government implemented the Home Affordable Mortgage Program (HAMP), a Treasury-sponsored initiative that aims to prevent foreclosure by encouraging mortgage loan servicers to modify the mortgages of qualified homeowners. The Treasury Department has extended HAMP multiple times—from its original ending date in 2013 to its present ending date in 2016. While HAMP has indeed helped homeowners avoid foreclosure, the program has spawned an array of litigation as servicer misconduct runs rampant. As the Ninth Circuit recently noted, “the [HAMP] program seems to have created more litigation …
Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright,
2015
Seattle University School of Law
Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia
Seattle University Law Review
America’s entertainment industry, and the creative talent that drives it, is a national treasure. Equally valuable, however, is America’s drive and commitment toward technological innovation. These two sectors have been in tension since at least 1908, when the U.S. Supreme Court was asked to determine whether the makers of piano rolls for automatically playing pianos had to pay royalties to the composers. Since that time, the entertainment industry has continued to use copyright law to resist advances in technological innovation that it views as a threat to its existing business models. This Note seeks to provide the necessary context and …
The Rise Of Judicial Governance In The Supreme Court Of India,
2015
University at Buffalo School of Law
The Rise Of Judicial Governance In The Supreme Court Of India, Manoj Mate
Journal Articles
This article analyzes how the Supreme Court of India, through its activism and assertiveness, has emerged as arguably the most powerful court among democratic polities. Over the past four and a half decades, the Court dramatically expanded its role in the realm of rights and governance, asserting the power to invalidate constitutional amendments under the basic structure doctrine, control judicial appointments, and govern in the areas of environmental policy, monitoring and investigating government corruption, and promoting electoral transparency and accountability. In this article, I argue that the Court’s shift toward greater, yet selective, assertiveness in India’s governance can most adequately …
Judiciary Rising: Constitutional Change In The United Kingdom,
2015
Northwestern Pritzker School of Law
Judiciary Rising: Constitutional Change In The United Kingdom, Erin F. Delaney
Northwestern University Law Review
No abstract provided.
British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law,
2015
Northwestern Pritzker School of Law
British Invasion: Importing The United Kingdom's Orphan Works Solution To United States Copyright Law, Abigail Bunce
Northwestern University Law Review
No abstract provided.
Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement,
2015
UC Law SF
Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent
UC Law SF International Law Review
Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international …
A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital,
2015
UC Law SF
A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson
UC Law SF International Law Review
Innovation through new venture start-ups has been shown to have a direct effect on the growth of a country's overall economy. This paper will analyze Spain's new government funded venture capital program, the Startup Co- Investment Fund ("SCIF"), in order to determine its likelihood of success in Spain and whether other countries should also look to a similar program in order to build their VC market. To effectively examine the new program it will be helpful to carefully explore the U.S.'s venture capital market and history, as the U.S. ranked number one for VC in 2013, while Spain remained at …
Transnational Governance Interactions: A Critical Review Of The Legal Literature,
2015
Allard School of Law at the University of British Columbia
Transnational Governance Interactions: A Critical Review Of The Legal Literature, Stepan Wood
Transnational Business Governance Interactions Working Papers
Overlaps and interactions among diverse legal rules, actors and orders have long preoccupied legal scholars. This preoccupation has intensified in recent years as transnational efforts to regulate business have proliferated. This proliferation has led to increasingly frequent and intense interactions among transnational regulatory actors and programs. These transnational business governance interactions (TBGI) are the subject of an emerging interdisciplinary research agenda. This paper situates the TBGI research agenda in the broader field of transnational legal theory by presenting a critical review of the ways in which legal scholars have addressed the phenomenon of governance interactions. Legal scholars frequently recognize the …
International Law Weekend 2014 Keynote Address,
2015
Nova Southeastern University
International Law Weekend 2014 Keynote Address, Lori F. Damrosch
ILSA Journal of International & Comparative Law
I am honored to follow in the footsteps of previous presidents of the American Society of International Law who have spoken on the occasion of the International Law Weekend in New York.
Secession, Stagnation And The State-Centered Version Of International Law,
2015
Nova Southeastern University
Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps
ILSA Journal of International & Comparative Law
Votes on secession are breaking out all over the globe.
Secession And The Two Types Of Terrritorial Claims,
2015
Nova Southeastern University
Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer
ILSA Journal of International & Comparative Law
Secession, conventionally, has been seen as a corollary of the "rights of peoples"; whether would-be secessionists were entitled to a state of their own, depended on whether they were a "people" sufficiently distinct from the balance of a states's population.
The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises,
2015
Nova Southeastern University
The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises, Brad R. Roth
ILSA Journal of International & Comparative Law
Given the prevalent absense of authoritative interpretation-let alone adjudication and enforcement-international law is frequently dismissed as so open-textured as to admit of competing conclusions about its application to any significant controversy.
Self-Determination And Secession Under International Law: The New Framework,
2015
Nova Southeastern University
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
ILSA Journal of International & Comparative Law
Salman Rushdie, the famous novelist, wrote" Shalimar the Clown": "Why not just stand still and draw a circle round your feet and name that Selfistan?"
Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions,
2015
Nova Southeastern University
Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions, Ana Cristina Rodriquez Pineda
ILSA Journal of International & Comparative Law
Many dispute settlements can only be properly understood within the wider international political context.
The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?,
2015
Nova Southeastern University
The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano
ILSA Journal of International & Comparative Law
In recent years, it has become evident that the success of the General Agreement on Tariffs and Trade (GATT) era has not been replicated and that that multilateral trade system rooted in the World Trade Organization (WTO) is far from a real achievement in further trade liberalization.
International Law And Sea Level Rise: The New Ila Committee,
2015
Nova Southeastern University
International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam
ILSA Journal of International & Comparative Law
The Intergovernmental Panel on Climate Change (IPCC) has now released its Fifth report.
The Inter-American Commission On Human Rights: Reform And The Question Of University,
2015
Nova Southeastern University
The Inter-American Commission On Human Rights: Reform And The Question Of University, Stephen Vasciannie
ILSA Journal of International & Comparative Law
On September 12, 2014, the Organization of American States (OAS) adopted a Strategic Vision to design and provide guidance to States on points of emphasis to be pursued for the future.
The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?,
2015
Nova Southeastern University
The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?, Bruce W. Bean, Abbey L. Wright
ILSA Journal of International & Comparative Law
The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 and came into effect on January 1, 2013.
Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts,
2015
Nova Southeastern University
Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong
ILSA Journal of International & Comparative Law
Self-determination movements are global phenomena that perpetually tug at the strings of a world order based on the principles of sovereignty and territorial integrity.
