The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments,
2015
University of Teramo
The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?,
2015
Penn State Dickinson Law
Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich
Penn State Journal of Law & International Affairs (2012 - Present)
Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems,
2015
Penn State Dickinson School of Law
Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman
Penn State Journal of Law & International Affairs (2012 - Present)
The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?,
2015
Carlos III University of Madrid
The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Limits On Party Autonomy In International Commercial Arbitration,
2015
University of Oslo
Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law,
2015
Kyushu University
An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Hague Principles, The Cisg, And The “Battle Of Forms”,
2015
SMU Dedman School of Law
The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*,
2015
Osgoode Hall York University
From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain,
2015
University of Barcelona
Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Should Clauses Prohibiting Assignment Be Overridden By Statute?,
2015
University of Oxford
Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
International B2b Contracts - Freedom Unchained?,
2015
University of Basel
International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
On The Intellectual History Of Freedom Of Contract And Regulation,
2015
European University Institute Florence
On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Foreword,
2015
Penn State Dickinson Law
Foreword, Mary Hiscock, Hans-W. Micklitz
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law,
2015
Penn State Dickinson Law
Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean,
2015
Kyushu University
Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Emergency Takings,
2015
Brooklyn Law School
An Administrative Jurisprudence: The Rule Of Law In The Administrative State,
2015
Vanderbilt University Law School
An Administrative Jurisprudence: The Rule Of Law In The Administrative State, Kevin M. Stack
Vanderbilt Law School Faculty Publications
This Essay offers a specification of the rule of law's demands of administrative law and government inspired by Professor Peter L. Strauss's scholarship. It identifies five principles'authorization, notice, justification, coherence, and procedural fairness which provide a framework for an account of the rule of law's demands of administrative governance. Together these principles have intriguing results for the evaluation of administrative law. On the one hand, they reveal rule-of-law foundations for some contested positions, such as a restrictive view of the President's power to direct subordinate officials and giving weight to an agency's determination of the scope of its own authority. …
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile,
2015
Chapman University Dale E. Fowler School of Law
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Cardozo Law Review
This Article presents a framework for reason-giving requirements in administrative law that includes a demand on agencies that reasons be produced contemporaneously with an agency's decisions where multiple constituencies (including regulated entities), not just the courts (and judicial review), are served and respected as consumers of the reasons. The Article postulates that the January 2015 U.S. Supreme Court decision in T-Mobile South, LLC v. City of Roswell may prove to be groundbreaking and stir this framework to the forefront of administrative law decision-making. There are some fundamental, yet very understated, lessons in the T-Mobile opinion that prompt further attention and …
Taking Care Of Federal Law,
2015
University of Michigan Law School
Taking Care Of Federal Law, Leah Litman
Articles
Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …
Corporate Complicity In Human Rights Violations Under International Criminal Law,
2015
DePaul University
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
