Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada,
2010
Allard School of Law at the University of British Columbia
Securities Class Actions Move North: A Doctrinal And Empirical Analysis Of Securities Class Actions In Canada, A. C. Pritchard, Janis P. Sarra
All Faculty Publications
The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article …
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan,
2010
Indiana University Maurer School of Law
The Relative Bargaining Power Of Employers And Unions In The Global Information Age: A Comparative Analysis Of The United States And Japan, Kenneth G. Dau-Schmidt, Benjamin C. Ellis
Articles by Maurer Faculty
In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor …
The Public Control Of Corporate Power: Revisiting The 1909 U.S. Corporate Tax From A Comparative Perspective,
2010
Indiana University Maurer School of Law
The Public Control Of Corporate Power: Revisiting The 1909 U.S. Corporate Tax From A Comparative Perspective, Ajay K. Mehrotra
Articles by Maurer Faculty
The origins of U.S. corporate taxation are often associated with the 1909 corporate excise tax. Scholars who have investigated the beginnings of this levy have mainly focused on the legislative history of the 1909 corporate tax to argue that it was either an expression of the Progressive Era impulse to regulate large-scale corporations or an attempt to use corporations as remittance devices to collect taxes aimed at wealthy shareholders. This Article broadens the conventional historical accounts of the emergence of American corporate taxation by revisiting the 1909 U.S. corporate tax from a comparative perspective. The aim is to look both …
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010),
2010
UIC School of Law
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
UIC Law Review
No abstract provided.
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010),
2010
UIC School of Law
The International Criminal Court: From Rome To Kampala, 43 J. Marshall L. Rev. 515 (2010), Philippe Kirsch
UIC Law Review
No abstract provided.
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010),
2010
UIC School of Law
The International Criminal Court Does Not Have Complete Jurisdiction Over Customary Crimes Against Humanity And War Crimes, 43 J. Marshall L. Rev. 603 (2010), Jordan J. Paust
UIC Law Review
No abstract provided.
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010),
2010
UIC School of Law
Protecting Human Rights Without A Bill Of Rights, 43 J. Marshall L. Rev. 769 (2010), Robert French
UIC Law Review
No abstract provided.
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010),
2010
UIC School of Law
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010),
2010
UIC School of Law
International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar
UIC Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010),
2010
UIC School of Law
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
Is Constitutionalism Bad For Intersectional Feminists?,
2010
Penn State Dickinson Law
Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space,
2010
Penn State Dickinson Law
The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele
Penn State International Law Review (1982 - 2011)
No abstract provided.
Adjudicating Socio-Economic Rights Under A Transformative Constitution,
2010
Penn State Dickinson Law
Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart
Penn State International Law Review (1982 - 2011)
No abstract provided.
Distributive Justice-Poverty And Economic Development,
2010
Penn State Dickinson Law
Distributive Justice-Poverty And Economic Development, V.S. Elizabeth
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education,
2010
Penn State Dickinson Law
The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun
Penn State International Law Review (1982 - 2011)
No abstract provided.
An Ill Wind: Air Pollution In The Pearl River Delta,
2010
University of Washington School of Law
An Ill Wind: Air Pollution In The Pearl River Delta, Caitlin Morray
Washington International Law Journal
Marine transport is an efficient and cost-effective way to transport goods around the world; at least ninety percent of all global trade is served by the shipping industry and shipping trade is expected to triple in the next two decades. However, because of the poor quality of the fuel used by the shipping industry, ocean-going ships disproportionately impact the environment and human health. The shipping industry is presently estimated to generate almost thirty percent of the world’s smog-forming nitrogen oxide emissions and nearly ten percent of sulfur dioxide emissions that cause acid rain and deadly fine particles. The Pearl River …
Curbing Rent-Seeking And Inefficiency With Broad Takings Powers And Undercompensation: The Case Of Singapore From A Givings Perspective,
2010
University of Washington School of Law
Curbing Rent-Seeking And Inefficiency With Broad Takings Powers And Undercompensation: The Case Of Singapore From A Givings Perspective, Jianlin Chen
Washington International Law Journal
Conventional discourses on the perils of weak property rights vis-à-vis government takings have failed to account for and respond to the rent-seeking and inefficiency problems of government actions. Singapore, with its broad takings powers, coupled with express undercompensation, has not suffered from the predicted widespread rent-seeking and inefficiency. This case study of Singapore from a givings perspective demonstrates the importance of imposing a fair charge on the various kinds of givings in curbing rent-seeking and inefficiency. There are also additional benefits of having a healthy fiscal budget and more equitable taxation arising from Singapore’s givings regime. The key normative implication …
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re,
2010
University of Washington School of Law
An Examination Of The Philippines' Anti-Terror Law—Suaviter In Modo, Fortiter In Re, Brent H. Lyew
Washington International Law Journal
The Philippines is rife with competing struggles for rights of self-determination and international terrorist networks. For years, the Philippine government prosecuted suspected terrorists without an anti-terror law. The absence of an express criminal violation for acts of terrorism led to a blurred distinction between punishing terrorists and punishing secessionists. Responding to public outcry that the Philippine government was violating human rights by punishing secessionists unjustly, the United Nations conducted an investigation. This investigation led to the placement of the Philippine government on the United Nations’ human rights watch list. The Philippine legislature, shortly thereafter, passed the Human Security Act of …
Enhancing The Wto Tool Kit: The Case For Financial Compensation,
2010
University of Richmond
Enhancing The Wto Tool Kit: The Case For Financial Compensation, Rebecca Ullman
Richmond Journal of Global Law & Business
World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemptions for commercial establishments. The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. international intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.
Why Did China Reform Its Death Penalty?,
2010
University of Washington School of Law
Why Did China Reform Its Death Penalty?, Kandis Scott
Washington International Law Journal
China recently reformed its death penalty laws, and as a result the government has executed fewer prisoners. The author explores possible reasons and policy concerns behind China's legal reform. These influences include international forces and domestic factors, such as the media, changed circumstances, compassion, and politics. Although hardly transparent, the underlying motivations for the revisions suggest that eventually China may abolish capital punishment, perhaps even before the United States does so.
