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Journal articles on the topic 'Business law – United States – Cases'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Kareng, Yaya. "INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW." International Journal of Law Reconstruction 4, no. 1 (2020): 56. http://dx.doi.org/10.26532/ijlr.v4i1.10941.

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Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Na

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2

Sinaga, Viator Harlen, T. Gayus Lumbuun, Abdul Latief, and Anwar Budiman. "Responsibilities of the Board of Directors in Limited Liability Companies." Justice Voice 3, no. 1 (2025): 17–28. https://doi.org/10.37893/jv.v3i1.1134.

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Civil liability of directors involves managing and representing limited liability companies under the doctrine of the business judgment rule, which originated in the United States within the common law system and is examined in civil cases. In contrast, Indonesia, following the civil law system, holds directors of State-Owned Enterprises (SOEs) accountable for company mismanagement that leads to state losses, typically addressed in criminal cases, such as corruption. However, this responsibility is also linked to the business judgment rule. Directors make business decisions aligned with the co

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Abdul Jamal, Nurul Elliyana, Zinatul Ashiqin Zainol, Jady@Zaidi Hassim, Wan Mohd Hirwani Wan Hussain, Norzalita Abdul Aziz, and Nor Akhmal Hasmin. "ELIGIBILITY OF BUSINESS METHOD PATENT IN MALAYSIA." International Journal of Law, Government and Communication 8, no. 33 (2023): 144–58. http://dx.doi.org/10.35631/ijlgc.833012.

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This paper analyses the patentability of business methods in the United States, United Kingdom, and Malaysia. In order to do this, we compared the existing law, court cases, and government guidelines in respective countries on how they assess the patent application for computer or software operation as a method of doing business in this technological era. Our results showed that business methods were historically not patentable but are now eligible for patentability in some countries. This type of invention could be patented in the United States but not in the United Kingdom and Malaysia. Desp

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Wagner, Richard K. "Proving Chinese Law in the Courts of the United States." Amicus Curiae 2, no. 2 (2021): 188–215. http://dx.doi.org/10.14296/ac.v2i2.5253.

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The volume of disputes heard by United States (US) courts containing a China element continues to be robust even against a backdrop of political rhetoric concerning an economic ‘de-coupling’ of the US and China. These cross-border disputes often involve Chinese parties and special issues, some of which concern Chinese business culture, but many of which involve interpreting questions of Chinese law. How is proving Chinese law accomplished in these cases and how have US courts performed in interpreting Chinese law? This article first discusses the approach to proving Chinese law in US courts. W

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Bailey, Cristina, Richard Brody, and Matias Sokolowski. "Fraudulent loans and the United States paycheck protection program." Journal of Financial Crime 29, no. 2 (2021): 519–32. http://dx.doi.org/10.1108/jfc-07-2021-0165.

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Purpose Despite lessons learned from prior disaster relief funding programs, billions of dollars in fraudulent loans were issued by the Paycheck Protection Program (PPP) during the COVID-19 pandemic in the USA. The misuse of funds prevented business owners and their employees who are in true financial need from accessing program funds. The purpose of this paper is to identify techniques perpetrators used to obtain funds from the program illegally since its inception in March 2020 and concludes with suggestions on internal controls to reduce fraud occurrences in future relief packages. Design/m

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6

Paul, Paul. "What the Return of the Administrative Conference of the United States Means for Administrative Law." Michigan Journal of Environmental & Administrative Law, no. 1.1 (2012): 17. http://dx.doi.org/10.36640/mjeal.1.1.what.

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Administrative law, writ large, is about the way agencies behave, and how other institutions and the public react to that behavior. By promulgating rules, adjudicating cases and claims, enforcing statutes, providing guidance, collaborating with interest groups, exercising discretion, and so forth, agencies manage and implement the business of government.1 They do this under the auspices of the Executive Branch, but the other branches assert authority over the agencies as well. Congress does so by legislating, budgeting, and overseeing, while the courts do so by interpreting statutes and requir

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McManus, Michael. "Section 337 by the Numbers: Trends in IP Enforcement at the US International Trade Commission." Global Trade and Customs Journal 6, Issue 5 (2011): 219–21. http://dx.doi.org/10.54648/gtcj2011030.

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Many intellectual property mega cases concerning allegedly infringing goods imported into the United States end up in front of the United States International Trade Commission. Past investigations include billion dollar tech cases between global powerhouses like Nokia, Qualcomm, RIM, Samsung, LG, Sharp, HP, and many others. Despite the economic significance of these cases, there is a relative dearth of statistical analysis of recent trends. This article seeks to supply such information by an analysis of every section 337 complaint filed in the calendar year 2009 (the most recent year for which

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8

Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Managerial Guide to Products Liability: A Primer on the Law in the United States." International Journal of Learning and Development 2, no. 3 (2012): 34. http://dx.doi.org/10.5296/ijld.v2i3.1773.

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This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process. It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases. The article is written within the context of the Restatement of the Law of Torts. The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Produ

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9

Uhm, Ihn Ho, Nick Covelli, Gregory W. Bowman, and David A. Gantz. "Anti-dumping and Countervailing Duty Law and Practice: The Mexican Experience." Global Trade and Customs Journal 5, Issue 7/8 (2010): 267–92. http://dx.doi.org/10.54648/gtcj2010034.

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Although Mexican anti-dumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s North American Free Trade Agreement (NAFTA) partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the World Trade Organization’s (WTO’s) most frequent users of unfair trade laws (including at least twenty-five actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This a

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10

Londoño-Lázaro, María Carmelina, Ulf Thoene, and Catherine Pereira-Villa. "The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?" Law & Practice of International Courts and Tribunals 16, no. 3 (2017): 437–63. http://dx.doi.org/10.1163/15718034-12341360.

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Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, ben

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11

Rico, Luis Felipe Aguilar, and Patricia Arratíbel Siles. "Administrative Protective Orders in Trade Remedy Cases in Mexico." Global Trade and Customs Journal 9, Issue 7/8 (2014): 307–11. http://dx.doi.org/10.54648/gtcj2014037.

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Similar to the Administrative Protective Order system to grant access to confidential information under trade remedy investigations conducted by the United States, Mexican laws provide a comprehensive regulation by means of which (i) any interested party may have access to confidential information, available at the administrative record, as long as certain conditions and requirements are fully met, and (ii) Mexican authority is obliged to guarantee the protection of the same and cannot share confidential information with other parties unless special authorization is granted.

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Lindeque, Johan Paul, and Steven Michael McGuire. "Non-market Capabilities and the Prosecution of Trade Remedy Cases in the United States." Journal of World Trade 44, Issue 4 (2010): 903–30. http://dx.doi.org/10.54648/trad2010035.

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The study investigates the prosecution of US trade remedy cases as examples of administrative government agency investigations and seeks to identify key capabilities for effective corporate political strategy targeting these institutions. Trade remedy cases are important policy tools, designed to protect domestic firms from ‘unfair’ import competition. The research contributes to the growing literature on corporate political activity and its links with superior outcomes in the marketplace. Three capabilities are identified: the capability to collect market/non-market intelligence, the capabili

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C. R. Terry, Patrick. "Secondary Sanctions: Why the US Approach Is Unlawful and the EU’s Response Is Ineffective." Global Trade and Customs Journal 17, Issue 9 (2022): 370–79. http://dx.doi.org/10.54648/gtcj2022052.

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In recent years, the United States has increasingly reverted to imposing secondary sanctions on friends and foes alike. Realizing that other major economic actors, such as the European Union, China and India, are very often unwilling to follow the United States’ foreign policy dictum, and exploiting its position as a major economic power and holder of the world’s reserve currency, the United States has begun penalizing third state actors that continue trading with US primary sanction targets. In some cases, that has gone so far as to lead to the issuance of US arrest warrants and the subsequen

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Horlick, Gary, and John Maloney. "Market Economy Status for Ukraine in Antidumping Cases in the United States and European Union." Global Trade and Customs Journal 1, Issue 1 (2006): 49–50. http://dx.doi.org/10.54648/gtcj2006005.

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15

Assaf-Zakharov, Katya, and Lisa Herzog. "Work, Identity, and the Regulation of Markets: A Study of Trademark Law in the United States and Germany." Law & Social Inquiry 44, no. 04 (2019): 1083–112. http://dx.doi.org/10.1017/lsi.2019.8.

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This article considers how legal systems capture different cultural perceptions of work in an individual’s life. We inquire how two models—“human capital,” based on the works of Adam Smith; and “vocation,” based on the works of G. W. F. Hegel—are reflected in legal regulations and judicial rhetoric in the United States and Germany. Specifically, we examine how these two legal systems treat the practice of using personal names—the most direct referents to individuals’ identities—in business. We discuss three sets of cases: cases involving the use of personal names as trademarks, cases involving

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Søreide, Tina, and Kasper Vagle. "Settlements in corporate bribery cases: an illusion of choice?" European Journal of Law and Economics 53, no. 2 (2022): 261–87. http://dx.doi.org/10.1007/s10657-022-09726-9.

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AbstractDespite prosecutors’ difficulties in proving corporate bribery, nearly all enforcement actions end with a settlement at the pretrial stage. Compared to court proceedings, settlement-based enforcement provide prosecutors with flexibility to reward offenders’ self-reporting and cooperation, and reach quicker conclusions to complex cases. In this article, we explain, such enforcement needs regulation to minimize potentially harmful side-effects. When the difference between a court and settlement sanction exceeds a certain size, the alleged offender accepts a settlement regardless of actua

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17

Droubi, Sufyan. "An Interdisciplinary Dialogue with the Business and Human Rights Literature." Israel Law Review 55, no. 1 (2022): 64–96. http://dx.doi.org/10.1017/s0021223721000273.

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The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home c

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18

Norton, Corey L. "Five Ways to Get in Trouble Buying from the United States." Global Trade and Customs Journal 9, Issue 6 (2014): 267–71. http://dx.doi.org/10.54648/gtcj2014030.

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For many companies around the world, the United States is obviously an attractive supplier of various products and technologies. Those sales, however, are usually subject to US export controls that actually restrict the customer's own plans to resell or otherwise use what it purchased, even after an item is outside the United States. Consequently, US exporters are not the only ones that have to keep US export control compliance in mind. The customer outside the United States can also commit violations of US law even though its business activities might occur solely outside US territory. Penalt

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Waluyo, Waluyo, Hilaire Tegnan, and Noni Oktiana Setiowati. "Aligning State Finance Regulations with SOE Bankruptcy Policy: Evidence from the United States." Journal of Human Rights, Culture and Legal System 5, no. 1 (2025): 246–78. https://doi.org/10.53955/jhcls.v5i1.470.

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Existing regulations governing the execution of state-owned enterprise (SOE) assets in Indonesia lack coherence, resulting in legal uncertainty and inconsistencies between state financial policies and bankruptcy laws. This misalignment is evident in the conflicting interpretations of Constitutional Court Decisions No. 48/PUU-XI/2013 and No. 62/PUU-XI/2013, as well as contradictions among the State Finance Law, State Treasury Law, State-Owned Enterprises Law, and Bankruptcy Law. This study aims to examine these regulatory uncertainties and propose solutions that promote legal certainty and just

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20

Richard, J. Hunter Jr., H. Shannon John, and J. Amoroso Henry. "A Teaching Note on Antitrust and Business." Education Quarterly Reviews 6, no. 1 (2023): 476–89. https://doi.org/10.31014/aior.1993.06.01.722.

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This article is the second in a series on “teaching notes” on subject matter materials found in a standard business law or legal environment of business course. The topic of this teaching note is antitrust. The article discusses the various antitrust statutes as they are applied to business; the reasoning employed by various courts in analyzing antitrust allegations; and the rules utilized by courts in judging any antitrust violations. The article cites many of the most important cases decided by courts in the United States in interpreting how the various statutory and administrati

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Tushnet, Mark. "Legal Conventionalism in the U.S. Constitutional Law of Privacy." Social Philosophy and Policy 17, no. 2 (2000): 141–64. http://dx.doi.org/10.1017/s0265052500002144.

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Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States (1967) established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act reasonably. The defendant was a professio

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22

Coppo, Gabriele. "The CAP Under Attack? Last Developments In Trade Defence Cases Targeting European Food Products." Global Trade and Customs Journal 13, Issue 11/12 (2018): 519–31. http://dx.doi.org/10.54648/gtcj2018060.

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The recent (2003-2013) reforms of the CAP – while bringing it more in line with the applicable WTO legislation – have proved to be insufficient to shield the EU food industry from third countries’ trade defence actions. In particular, two recent investigations carried out by Australia and the United States represent dangerous precedents in the European perspective, since they have targeted for the first time domestic support programs that the European Commission considers to be fully WTO compatible, and that are widely used throughout the Union. The article analyses some of the key features of

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Goldin, David, Mallory Jensen, John Nicolaou, Anish Vaishnav, and C. B. Buente. "Healthcare Reform Following The 2010 Reform Acts." Columbia Business Law Review 2011, no. 2 (2012): 426–28. https://doi.org/10.52214/cblr.v2011i2.13873.

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Each year in its Annual Survey, the Columbia Business Law Review selects a major business law topic and presents a group of student notes exploring relevant legal and economic developments in that area. Following the recent passage of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, this year's Survey focuses on healthcare reform. As the Survey notes explain in detail, these legislative developments have significantly altered the legal framework governing healthcare in the United States, sparking highprofile litigation and strident pu

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Nedumpara, James J. "Antidumping Proceedings and Zeroing Practices: Have We Entered the Endgame?" Global Trade and Customs Journal 7, Issue 1 (2012): 15–26. http://dx.doi.org/10.54648/gtcj2012003.

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'Zeroing', the practice of setting to zero negative dumping margins in antidumping investigations, has been a contentious issue in the WTO for well over a decade. Members including the United States argued that GATT 1994 and the WTO Agreement on Antidumping did not outlaw such a practice. The WTO panels in certain cases have accepted this point of view, but the WTO Appellate Body was unambiguous in holding that the zeroing practice was untenable in most of its current manifestations. The differences of opinion of the panels and Appellate Body on zeroing have tempted many to believe that this i

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Vogel, David. "When Consumers Oppose Consumer Protection: The Politics of Regulatory Backlash." Journal of Public Policy 10, no. 4 (1990): 449–70. http://dx.doi.org/10.1017/s0143814x00006085.

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ABSTRACTThis article examines a neglected phenomenon in the existing literature on social regulation, namely political opposition to regulation that comes not from business but from consumers. It examines four cases of successful grass-roots consumer opposition to government health and safety regulations in the United States. Two involve rules issued by the National Highway Traffic Safety Administration, a 1974 requirement that all new automobiles be equipped with an engine-interlock system, and a 1967 rule that denied federal highway funds to states that did not require motorcyclists to wear

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Reid, Jean Margo. "LEGAL ACCEPTANCE OF ACCOUNTING PRINCIPLES IN GREAT BRITAIN AND THE UNITED STATES: SOME LESSONS FROM HISTORY." Accounting Historians Journal 15, no. 1 (1988): 1–27. http://dx.doi.org/10.2308/0148-4184.15.1.1.

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This paper examines and contrasts nineteenth century case law in Great Britain and the United States in which courts had to decide whether to accept accounting concepts having to do with making provisions for depreciation, amortization and depletion. It should be emphasized that the courts were not arguing about accounting theory, per se; they were deciding particular disputes, which depended on the meaning in each case of pro its. By 1889, when Lee v. Neuchatel Asphalte Company was decided, British courts had rejected accepted fixed asset accounting conventions in determining profits in tax,

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Duguid, Paul. "French Connections: The International Propagation of Trademarks in the Nineteenth Century." Enterprise & Society 10, no. 1 (2009): 3–37. http://dx.doi.org/10.1017/s1467222700007837.

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The history of modern brands depends to a significant degree on the history of trademark law, but there are reasons to doubt how comprehensive standard versions of the latter history are. Business, economic, and even legal historians tend to accentuate the importance of the Anglo-Saxon common-law tradition and assume that the continental, civil law tradition followed in its wake. Yet the historical sequence of events suggests that almost exactly the opposite is true. Not only did the French have robust trademark law long before Great Britain and the United States, but the latter two countries

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Mardianto, Sebastian Edward, and R. Rahaditya. "Analisis Ketentuan Hukum dan Penerapan Sistem First to File dalam Kasus Pembatalan Merek Terdaftar." Ranah Research : Journal of Multidisciplinary Research and Development 7, no. 1 (2024): 149–56. http://dx.doi.org/10.38035/rrj.v7i1.1237.

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The development of the times has led to significant growth in goods and services, resulting in the emergence of new works within these fields. However, in certain conditions, this has given rise to issues concerning brand usage, where individuals or business actors intentionally use the trademarks of other registered companies, particularly those that are well-known and large-scale, to gain specific business advantages in unethical ways that conflict with the law. This is exemplified by the case of an Indonesian citizen named Melinda Oktavia, who used the trademark Electro-Voice—a prominent br

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Lee, Chang-Kyu. "A Study of Cannabis Legalization and Taxation: : Focusing on the Constitutionality Debate in the United States." KOREAN SOCIETY OF TAX LAW 9, no. 4 (2024): 149–80. https://doi.org/10.37733/tkjt.2024.9.4.149.

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As the debate over marijuana legalization has intensified worldwide, the issue of marijuana taxation has become an important one. In particular, in the United States, marijuana has been legalized in some states and the related industry is growing, but marijuana taxation has become a topic of debate due to constitutional issues. Although the issue of marijuana taxation has not yet been addressed much in Korea, US precedents could have an impact on our marijuana industry in the distant future. Therefore, it is necessary to analyze advanced cases and seek appropriate taxation methods that suit th

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Pisa-Relli, John. "U.S. Defense Trade Enforcement." Global Trade and Customs Journal 5, Issue 11/12 (2010): 460–89. http://dx.doi.org/10.54648/gtcj2010057.

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The purpose of this monograph is to provide a legal and compliance practitioner’s reference guide on the enforcement of international defense trade controls in the United States, with an emphasis on the U.S. State Department’s civil and administrative enforcement program. Though it is useful to take note both of administrative and criminal enforcement trends, it is predominantly through its considerable administrative enforcement powers that the State Department most clearly and consistently signals to regulated parties its expectations for what constitutes adequate compliance. Section 1 is an

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Tack, Filip. "The Classification of Multifunctional Digital Machines – All Classy?" Global Trade and Customs Journal 4, Issue 7/8 (2009): 257–66. http://dx.doi.org/10.54648/gtcj2009030.

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Recent developments in the information technology today create major challenges with respect to the classification of products according to their ‘objective characteristics and properties’. In this regard, the United States launched World Trade Organization (WTO) dispute settlement proceedings against the European Union (EU) over its import tariff policy on certain hightechnology goods. Moreover, on 11 December 2008, the European Court of Justice (ECJ) also issued a ruling in the Joined Cases C-362/07 and C-363/07 (Kip Europe/Hewlett Packard) concerning the classification of certain multifunct

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Himes, Jay, Jason Nieh, and Ron Schnell. "Antitrust Enforcement and Big Tech: After the Remedy Is Ordered." Stanford Journal of Computational Antitrust, no. 1 (May 31, 2021): 64–83. http://dx.doi.org/10.51868/5.

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Each of us—one an attorney and the other two software experts—has substantial experience monitoring the implementation of court-ordered remedies in two leading hi-tech cases: United States v. Microsoft Corp. and United States v. Bazaarvoice, Inc. We discuss challenges that attorney and expert monitors confront in overseeing company compliance with antitrust remedial decrees in cases against hi-tech companies. We first summarize the legal principles applicable to antitrust remedies. Thereafter, we discuss oversight in the Microsoft and Bazaarvoice cases. Finally, we offer takeaways on effective

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De George, Richard T. "International Business Ethics." Business Ethics Quarterly 4, no. 1 (1994): 1–9. http://dx.doi.org/10.2307/3857554.

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International business ethics, as the term implies, cannot be national in character, anymore than international law can be national in character. Yet the analogy to law is as misleading as it is enlightening. For although we can speak of American, German or Japanese law, it is odd to speak of American, German or Japanese ethics. The reason is that ethics is usually thought to be universal. Hence there is simply ethics, not national ethics. Despite this, there is a sense that can be given to American business ethics or German business ethics. American business ethics does not refer to American

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Fine, Janice, and Tim Bartley. "Raising the floor: New directions in public and private enforcement of labor standards in the United States." Journal of Industrial Relations 61, no. 2 (2018): 252–76. http://dx.doi.org/10.1177/0022185618784100.

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Low-wage work in the US and many other places continues to be characterized by precarious and dangerous conditions, vulnerable immigrant workforces, and problems of misclassification and wage theft. Several recent initiatives are seeking to demonstrate that conditions can be greatly improved even when governments lack the capacity to broadly enforce the law on the books. In co-enforcement approaches, for instance, municipal governments are enlisting worker and community organizations to improve enforcement of wage and hour laws. Similarly, some private regulatory initiatives are taking ‘worker

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Clarisa, Hardiana, and Hany Areta A. "Fake Review and Liabilities Defect Goods in E-Commerce." Lawpreneurship Journal 2, no. 1 (2022): 19–42. http://dx.doi.org/10.21632/tlj.2.1.19-42.

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COVID-19 pandemic has had a significant impact on the development of e-commerce users, with the increasing use of e-commerce in Indonesia, the more potential for violations. A rife case is the provision of fake reviews which in practice dramatically affects the purchasing power of consumers so that it is often misused. In addition, many cases end with the transfer of responsibility between the shipping company and the seller for damaged goods received by consumers. The current law and regulations in Indonesia, namely the Law No. 8 of 1999 on Consumer Protection (“Consumer Protection Law”), are

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Seiferth, Shannon. "No More Quid Pro Quo: Abandoning the Personal Benefit Requirement in Insider Trading Law." University of Michigan Journal of Law Reform, no. 50.1 (2016): 175. http://dx.doi.org/10.36646/mjlr.50.1.no.

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A circuit split between the Second Circuit’s 2014 decision, United States v. Newman, and the Ninth Circuit’s 2015 decision, United States v. Salman, illustrates problems in insider trading law dating back over thirty years to the Supreme Court’s decision in Dirks v. SEC. Dirks held that when a corporate insider provides information to an outside party who then trades on the information, it must be shown that the insider received some form of a personal benefit for providing the information in order to impute liability. The courts in Newman and Salman disagreed on the sort of evidence that suff

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Litan, Bob. "COMMENT ON BELL ARTICLE." Journal of Prediction Markets 3, no. 1 (2012): 111–12. http://dx.doi.org/10.5750/jpm.v3i1.458.

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Almost by definition, all disruptive technologies or innovations threaten vested interests. If markets and the legal environment are sufficiently flexible – and in the United States, for the most they are – innovations that buyers want diffuse throughout the economy despite the opposition.There are cases, however, where the existing order uses the legal system to fight back, to forestall or delay change. Napster is a case in point: it threatened the established recording industry, which eventually persuaded the courts to shut down that particular form of peer-to-peer file transfer. But even in

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Miyoka, Kunio, and Colin Trehearne. "Explaining Japan’s Decision to Join the MPIA: Avoiding the Void." Global Trade and Customs Journal 18, Issue 7/8 (2023): 274–78. http://dx.doi.org/10.54648/gtcj2023031.

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Japan has long been a supporter of and an active participant in the rules-based trading system. This has allowed Japan, like many states, to engage in trade that it regards as fair and stable, liberated from superpower or great power preferences. In recent years, however, the rules-based trading system has faced challenges including from paralysis at the WTO Appellate Body arising from the United States deciding to block the appointment of Appellate Body members, accusing the body of ‘persistent overreaching’. In turn, the lack of a functioning Appellate Body allows WTO cases to be appealed ‘i

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Mendelsohn, Allan I. "Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention." Air and Space Law 36, Issue 4/5 (2011): 293–303. http://dx.doi.org/10.54648/aila2011029.

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The purpose of this article is not so much to focus on the multitude of successful forum non conveniens motions that have been granted in recent years by US courts, but rather to focus on the increasing frequency of foreigners (i.e., non-citizens and non-residents) opting to sue in the United States. They do this because in many instances they are aggressively solicited by US-employed so-called 'consultants' who tell them that they can not only enjoy contingency fee arrangements in retaining their US lawyers, but that they can also enjoy the likelihood of much larger financial recoveries than

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Rodman, Kenneth A. "Sanctions at bay? Hegemonic decline, multinational corporations, and U.S. economic sanctions since the pipeline case." International Organization 49, no. 1 (1995): 105–37. http://dx.doi.org/10.1017/s0020818300001594.

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One of the lessons drawn by many scholars from the 1982 U.S. sanctions against the Soviet-European gas pipeline was that the decline of American hegemony and the global spread of American business placed the overseas networks of U.S. multinational corporations beyond the control of the U.S. government for the purposes of economic sanctions. Through systematically examining three subsequent sanctions efforts (Nicaragua, Libya, and South Africa), this study qualifies the generalizability of this “lesson.” In none of the cases was the United States willing to incur alliance costs through applying

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George, Barbara Crutchfield, and Maria Boss. "Corporate Insider Trading: New Dimensions In Liability." Journal of Applied Business Research (JABR) 2, no. 4 (2011): 106. http://dx.doi.org/10.19030/jabr.v2i4.6563.

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At first glance it may appear that the law which prohibits the use of material non-public information only applies to the technical insider (e.g., corporate directors and officers). However, the scope of the prohibition encompasses persons other than technical insiders. Because the statutory language in Section 10 (b) is broad in scope, and for that matter never mentions directly or indirectly the term insider trading, the United States Supreme Court will ultimately have to determine to whom the term insider can be applied. At the present time there is a conflict between the lower courts and t

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O'Connor, Bernard. "CVD Actions against China – The US Approach." Global Trade and Customs Journal 4, Issue 11/12 (2009): 359–79. http://dx.doi.org/10.54648/gtcj2009046.

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The United States does not recognize China as a market economy. Yet at the same time it is willing to take anti subsidy actions against goods originating in China. This article examines the background to the US CVD policy vis a vis China and in particular the moves away from considering China as a state economy as in the old Eastern Europe sense allowing the opening of CVD actions in relation to China. The article then examines the various cases that have been opened (and concluded) and looks in some detail at the government practices that have been considered to be subsidies, the issue of spe

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Richard, J. Hunter. Jr, H. Shannon John, and J. Amoroso Henry. "10.31014/aior.1993.06.01.732." Education Quarterly Reviews 6, no. 1 (2023): 605–21. https://doi.org/10.31014/aior.1993.06.01.732.

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This article, the third in the series of Teaching Notes on topics in a traditional Legal Environment of Business class, deals with employment law and employment discrimination. Specifically, the article discusses four major pieces of legislation: The Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1980, as well as the Lilly Ledbetter Fair Pay Act of 2009, which was enacted as a result of a decision of the United States Supreme Court. The article outlines the major provisions of each of these statut

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Hilliard, Theresa, and Presha E. Neidermeyer. "The gendering of fraud: an international investigation." Journal of Financial Crime 25, no. 3 (2018): 811–37. http://dx.doi.org/10.1108/jfc-08-2017-0074.

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Purpose Changing workplace demographics reflect a rising number of women in the traditionally male-dominated field of business. The purpose of this study is to investigate how upwardly mobile women may impact the commission and type of white-collar crime, contributing to the scarce literature on gender distinctions in criminal behavior while comparing criminal trends globally. Women’s increased representation in positions of power in business provides them with increased fraud opportunities prompting the authors to ask: in their areas of opportunity, do women and men commit the same types of w

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Jovanović, Marko. "A conclusion of contracts for the international sale of goods." Pravo - teorija i praksa 38, no. 3 (2021): 65–76. http://dx.doi.org/10.5937/ptp2103065j.

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The international exchange of goods is done through a contract on the international sale of goods. A conclusion of a contract on the international sale of goods is based primarily on the autonomy of the will of the parties, unless that autonomy of will is limited by the compulsory regulations of the states. All sources of law cited in the paper, such as international conventions, autonomous sources of law and even customs and business ethics, can be changed by the disposition of the will, because they are of a dispositive character. The contracting parties most often agree on the application o

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Goldberg, Martin A., Christina Reis, MingLun Lee, and Kathleen Summa-Rabtoy. "Restaurant Reviewer Liability For Defamation In A Global Context." Journal of Business & Economics Research (JBER) 10, no. 1 (2011): 53. http://dx.doi.org/10.19030/jber.v10i1.6734.

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A restaurant review may contain statements that the restaurant owners would consider defamatory. While technically there is no bar to a successful defamation suit, there are numerous obstacles, including the opinion nature of the review, the fair comment qualified privilege, and free-speech jurisprudence that requires actual malice before a plaintiff can prevail in a defamation suit against a public figure. In jurisdictions outside of the United States, there are similar restrictions that will also create obstacles to the success of the lawsuit. Although the success of the suit would be more l

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VanDuzer, J. Anthony. "Binational Panel Review of Trade Remedies Determinations: Prospects for Exporting the USMCA’s Unique Procedure." Global Trade and Customs Journal 17, Issue 7/8 (2022): 271–79. http://dx.doi.org/10.54648/gtcj2022038.

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The United States-Mexico-Canada Agreement (USMCA) contains a distinctive procedure under which anti-dumping and countervailing duty determinations by national agencies can be reviewed by an ad hoc binational panel established under the treaty as an alternative to domestic court review. Binational panel review was first adopted in the Canada-US Free Trade Agreement (Canada-US FTA) to respond to Canada’s concern that the administration of the US anti-dumping and countervailing duty laws by the US agencies was biased in favour of the US domestic industries and the review of agency determinations

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Chun, Se-Hak. "E-Commerce Liability and Security Breaches in Mobile Payment for e-Business Sustainability." Sustainability 11, no. 3 (2019): 715. http://dx.doi.org/10.3390/su11030715.

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This study investigates liability issues in electronic transactions when security or privacy breaches occur. As data is transferred using various devices, such as PCs, mobile phones, tablets, sensors, smart meters, and cars, and various architecture, such as the cloud, IoT, as well as in well-defined network structures in electronic commerce, privacy and security breaches happen. These have become a major hindrance to the development and use of commercial activities on the Internet. There have been many security breach cases, such as those of Target Corporation’s security and payment system (2

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Kim, Tae Hyun, and Eun Chul Kim. "The Study of Criteria to Judge a Platform Worker as an Employee Focused on the Domestic and International Judicial Cases." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 14, no. 2 (2023): 39–74. http://dx.doi.org/10.34267/cbstl.2023.14.2.39.

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This study aims to examine domestic and international cases regarding the labor status of platform workers and explore policy implications for Korea. Recently, the number of platform workers has significantly increased due to technological advancements. Unlike traditional dependent labor, identifying the actual labor provision relationship of platform workers is challenging. Recognizing the worker status of platform workers is also difficult because they often provide forms of labor that do not meet traditional indicators of worker status. In particular, some users tend to misclassify actual w

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Smorchkova, Valeriya. "Dissemination of damaging information (defamation) as a type of civil tort: concept definition." Current Issues of the State and Law, no. 15 (2020): 378–82. http://dx.doi.org/10.20310/2587-9340-2020-4-15-376-382.

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We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, compar

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