Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control,
2024
Singapore Management University
Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control, Man Yip, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Innovation in drafting trust deeds has been central to international trust practice resulting in the discretionary trusts being the norm in modern wealth management. In a seminal article, Lionel Smith observes that these trust drafting practices have ‘led to an increase in the dispositive discretions held by trustees’. His analysis deprecates this development where the ‘trustees’ dispositive discretions effectively govern the whole trust structure’—which he labels ‘massively discretionary trusts’. Smith goes on to detail the various legal risks entailed in massively discretionary trusts which generally arise from the fact that the explicitly identified residuary or default beneficiaries are usually not …
Rico's Long Arm,
2024
Texas A&M University School of Law
Rico's Long Arm, Randy D. Gordon
Faculty Scholarship
RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …
Cross Border Restructuring And Bankruptcy Litigation Ft. Kobre & Kim Llp,
2024
Yeshiva University, Cardozo School of Law
Cross Border Restructuring And Bankruptcy Litigation Ft. Kobre & Kim Llp, Cardozo International Law Society (Cils)
2023–2024 Flyers
No abstract provided.
Canada's Special Economic Measures Act Under International Law,
2024
Villanova University Charles Widger School of Law
Canada's Special Economic Measures Act Under International Law, Preston Jordan Lim
Faculty Publications
No abstract provided.
Law And Social Justice: Operationalizing Stakeholder Theory In Governmental Regulations And Corporate Decision-Making For Social And Economic Sustainability, Resilience, And Democracy,
2024
Miami University
Law And Social Justice: Operationalizing Stakeholder Theory In Governmental Regulations And Corporate Decision-Making For Social And Economic Sustainability, Resilience, And Democracy, Daniel Herron, Laura Powell
Pace International Law Review
It is time to shed the twentieth century capitalistic ways of shareholder maximization. It is time to fashion a “new” capitalism which retains the competitive dynamic but redefines its force to create a more socially just society. That is a huge order, to say the least. But, there is a path to that end. The 2019 U.S. Business Roundtable’s announcement, the creation of the Benefit Corporation, and the United Kingdom’s 2006 Companies Act began that process. These developments are enabling the beginning of the redefining of one of the bedrocks of capitalism: fiduciary obligation. The methodology of these developments is …
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods,
2024
Stephen F. Austin State University
The Teetotalling Winebibber: A Case Study For The International Sale Of Goods, Stephen M. Shrewsbury
Pace International Law Review
Case studies are very effective pedagogical tools available to business and legal educators. Hypothetical fact patterns provide instructors an additional advantage of being able to modify facts to target particular learning goals for students. This article presents a substantial case study and teaching notes for a hypothetical international sale of goods transaction. The facts presented will necessitate student research and examination of a wide range of legal issues related to contract negotiation and interpretation, shipping and related difficulties that might arise during contract execution, and issues related to disputes over the quality of goods. Questions in the study require students …
Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model,
2024
Elisabeth Haub School of Law
Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone
Pace International Law Review
The United States has the highest maternal mortality rate among high-income countries. This article focuses on policies the United States can implement to decrease the maternal mortality rate, with a focus on access to abortion, the standard of care for pregnant women and new mothers, access to healthcare, and family leave. This article also explores policies surrounding those areas in other high-income countries and analyzes the differences in both the actual policies and the outcomes of those policies. To effectively decrease the maternal mortality rate in the United States, policies from other high-income countries, with lower maternal mortality rates should …
The Future Of Intellectual Property As A Weapon Of War,
2024
Elisabeth Haub School of Law
The Future Of Intellectual Property As A Weapon Of War, Alexandra Tasev
Pace International Law Review
Before the signing of the Decree of the Russian Federation on May 27, 2022, the use of intellectual property as a weapon of war was largely unprecedented. This article reviews the implications of the Russian-Ukrainian War on trademarks belonging to countries deemed to be “unfriendly nations” and their impact on the future of intellectual property as a weapon of war. Following the issuance of economic sanctions by the United States of America and many other countries against Russia, many global organizations took their products off the Russian market. However, in doing so, these companies did not anticipate the emergence of …
Aggressor Status And Its Impact On International Criminal Law Case Selection,
2024
William & Mary Law School
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Pace International Law Review
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty,
2024
Villanova University Charles Widger School of Law
Many Miles To Go Before We Sleep: The Long Road To Creating A Comprehensive Global Plastics Treaty, Dr. Gerry Nagtzaam
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums,
2024
Villanova University Charles Widger School of Law
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Nobody Understands My Language: An International Human Rights Crisis In U.S. Detention Centers,
2024
Cardozo International & Comparative Law Review
Nobody Understands My Language: An International Human Rights Crisis In U.S. Detention Centers, Kayla He
Cardozo International & Comparative Law Review (CICLR) Blog
Since 2016 when President Trump was elected, immigration has become a popular and polarizing topic in America. President Trump supported a hardline immigration policy of preventing migrants from entering the country by actively arresting and detaining migrants. Many human rights experts expressed concerns over the human rights violations at the United States-Mexico border as well as in detention centers. For instance, the American Civil Liberties Union (ACLU) published a report describing the lack of medical access and supplies for basic needs at detention centers. The report indicated that oftentimes, migrants were detained without knowing when they would be released, and …
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space,
2024
Penn State Dickinson Law
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures,
2024
Penn State Dickinson Law
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards,
2024
Penn State Dickinson Law
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Data Privacy And China's “Super App” Wechat,
2024
Penn State Dickinson Law
Data Privacy And China's “Super App” Wechat, Wan Li
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Trips Trap Revisited,
2024
Penn State Dickinson Law
The Trips Trap Revisited, Roya Ghafele, Adam Chaddock
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Sovereignty As Responsibility With References To The Framework Of R2p,
2024
Penn State Dickinson Law
Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2024
Penn State Dickinson Law
Foreword
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Table Of Contents,
2024
Penn State Dickinson Law
Table Of Contents
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
