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

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Primer on the LAW in the United States: Part III Scope of Liability in Product Liability Cases." International Journal of Learning and Development 2, no. 4 (2012): 1. http://dx.doi.org/10.5296/ijld.v2i4.2049.

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In Part III of our study, the authors describe the types of transactions that are most common in products liability cases and also delineate the parties to the transaction. This article concludes by discussing some “special topics” in modern product liability law: enterprise liability, alternative liability, and market share liability. The article relies on references to the Uniform Commercial Code, the Restatement of the Law of Torts, and cites the major common law cases that have impacted on these important issues. Key Words: Products Liability; Bailments; Franchising; Used Goods; Enterprise

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2

Hartley, Trevor C. "BASIC PRINCIPLES OF JURISDICTION IN PRIVATE INTERNATIONAL LAW: THE EUROPEAN UNION, THE UNITED STATES AND ENGLAND." International and Comparative Law Quarterly 71, no. 1 (2021): 211–26. http://dx.doi.org/10.1017/s0020589321000427.

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AbstractThis article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect for the interests of foreign States) and the extent to which these objectives are attained. It takes tort claims, especially in the field of products-liability, as an example and considers which system has the most exorbitant rules. It suggests explanations

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3

Joe, Jaewan, Piljae Im, and Jin Dong. "Empirical Modeling of Direct Expansion (DX) Cooling System for Multiple Research Use Cases." Sustainability 12, no. 20 (2020): 8738. http://dx.doi.org/10.3390/su12208738.

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This study provides a general procedure to generate a direct expansion (DX) cooling coil system for a roof top unit (RTU), which is a typical heating ventilation and air-conditioning (HVAC) system for commercial buildings in the United States. Experimental data from a full-scale unoccupied 2-story commercial building is used for the HVAC modeling. The regression for identifying the model coefficients was carried out with multiple stages, and the results were validated with measured data. The model’s applicability was evaluated with multiple case studies, including a building energy simulation

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4

Zhang, Jiaming. "Applicable Law in Validity of Arbitration Clause: Judicial Practices of the US Courts on Charterparty Disputes." Studies in Law and Justice 2, no. 3 (2023): 63–67. http://dx.doi.org/10.56397/slj.2023.09.08.

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Incorporating the arbitration clause of charterparty into bills of lading (incorporation clause) is widely used in practice. When the rightful holder of bills of lading, usually the consignee, claims cargo damage to carrier, a valid arbitration clause rejects jurisdiction of domestic courts, or it will result in the jurisdiction of an arbitration tribunal. Determining governing law of examining arbitration clause, therefore, is the prerequisite of such cases. Choice of law turns out to be a controversial legal problem on account of either absence of uniformed legislation, or the complicated na

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Mariner, Wendy K. "Shifting Standards of Judicial Review During the Coronavirus Pandemic in the United States." German Law Journal 22, no. 6 (2021): 1039–59. http://dx.doi.org/10.1017/glj.2021.51.

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AbstractEmergencies are exceptions to the rule. Laws that respond to emergencies can create exceptions to rules that protect human rights. In long lasting emergencies, these exceptions can become the rule, diluting human rights and eroding the rule of law. In the United States, the COVID-19 pandemic prompted states to change rules governing commercial and personal activities to prevent the spread of the coronavirus. Many governors’ executive orders were challenged as violations of the constitutionally protected rights of those affected. Judges are deciding whether emergencies can justify more

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6

Abeyratne, Ruwantissa. "The Decision of the European Court of Justice on Open Skies and Competition Cases." World Competition 26, Issue 3 (2003): 335–62. http://dx.doi.org/10.54648/woco2003019.

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The open skies court judgments of the European Court of Justice relate to legal action brought by the European Commission seeking a declaration against eight member States which had signed bilateral air services agreements with the United States. The contention of the Commission was that the defendant Member States were in flagrance of their duty and obligations under Articles 10, and 43 in particular of the EC Treaty and that, according to EC law, only the Commission was competent, on behalf of its Member States, to conduct negotiations and to enter into agreements pertaining to market access

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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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8

Gaillard, Emmanuel. "Netherlands: New Statute on Arbitration." International Legal Materials 26, no. 4 (1987): 921–48. http://dx.doi.org/10.1017/s0020782900025936.

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On July 2, 1986, the Dutch Parliament adopted a statute modernizing Dutch law on arbitration. Although it does not technically distinguish between domestic and international arbitration, this statute, following the trend initiated by the United Kingdom [1979 Arbitration Act, 18 I.L.M. 1249 (1979)], France [Decree of May 12, 1981, 20 I.L.M. 917 (1981)], and Belgium [March 27, 1985 Statute, 25 I.L.M. 725 (1986)], clearly purports to liberalize Dutch law on international arbitration. The travaux preparatoires states that it does not substantially depart from the UNCITRAL Model Law on Internationa

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9

Ren, Ziming. "Study on Jurisdictional Disputes and Coordination Mechanisms in Foreign Criminal Cases: Taking Commercial Bribery as an Example." Transactions on Social Science, Education and Humanities Research 12 (August 29, 2024): 235–43. http://dx.doi.org/10.62051/zq7xa216.

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China has achieved fruitful results in anti-corruption efforts domestically, but it is also important to note that the issue of corruption and bribery related to foreign affairs is gradually emerging. With the increasing degree of opening up to the outside world, many enterprises are going abroad, and many overseas enterprises are also seeking development domestically, resulting in an increase in criminal acts of corruption and bribery. When enforcing the law on foreign-related corruption issues, conflicts of criminal jurisdiction over foreign-related crimes are an unavoidable issue. Currently

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10

Binette, André. "La liberté d'expression commerciale." Les Cahiers de droit 28, no. 2 (2005): 341–66. http://dx.doi.org/10.7202/042813ar.

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The Quebec Court of Appeal has recently decided that commercial speech is protected by s. 2 of the Canadian Charter of Rights and Freedoms and by s. 3 of the Quebec Charter of Human Rights and Freedoms. This article tries to mesure the significance of this judicial extension of the constitutional protection of freedom of speech. Canadian case-law is examined as well as the more important decisions of the Supreme Court of the United States. An attempt is made to reveal the conflict injudicial values and political philosophy that underlies the debate over commercial speech. This conflict revolve

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11

Kim, Young-Ju. "A Study on Expansion of the Himalaya Clause to the Independent Contractors: Based on the Cases in the United States." Korea International Trade Research Institute 18, no. 4 (2022): 247–62. http://dx.doi.org/10.16980/jitc.18.4.202208.247.

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Purpose - The purpose of this paper is to review the doctrine of privity of contracts under common law and to analyze some issues of Himalaya Clause cases under carriage of goods by sea in United States. Design/Methodology/Approach - This paper studies scopes, application, and requirements of the Himalaya Clause by analyzing cases in the United States, such as Robert C. Herd & Co., Inc., v. Krawill Machinery Corp., 359 U.S. 297 (1959), and Norfolk Southern Railway Co. v. James N. Kirby, Pty. Ltd., 125 S.Ct. 385 (2004). Findings - This paper confirms that contracts for the carri

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12

Kuzmin, S. E. "Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States." MGIMO Review of International Relations, no. 1(40) (February 28, 2015): 209–14. http://dx.doi.org/10.24833/2071-8160-2015-1-40-209-214.

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The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a num

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13

Evenett, Simon J. "Economic Statecraft: Is There a Sub-National Dimension? Evidence from United States–China Rivalry." World Trade Review 20, no. 2 (2021): 220–37. http://dx.doi.org/10.1017/s1474745620000506.

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AbstractUsing detailed information on policy interventions by US sub-national governments between 2009 and 2019, the contribution of such public bodies to Sino-US geopolitical rivalry is examined, in particular since President Trump took office in 2017. While US sub-national governments accounted for 28% of all US policy interventions that harmed Chinese commercial interests, awarding firm-specific subsidies in 88% of cases, the timing and sectoral incidence of such intervention suggests that economic statecraft considerations could only be part of the explanation for their actions. Ironically

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14

Khusanovich, Adashov Khojiboy. "Issues of Implementation of Article 10bis Of the Paris Convention into National Legislation." International Journal of Law And Criminology 5, no. 6 (2025): 44–50. https://doi.org/10.37547/ijlc/volume05issue06-10.

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This article examines the issues related to the implementation of Article 10bis of the Paris Convention (1883) into national legal systems, with a particular focus on the legislation of the United States and the Republic of Uzbekistan. Special attention is given to the analysis of the principle of “effective protection against unfair competition,” its substance, and the challenges of its implementation under contemporary conditions. A comparative analysis is conducted of the legislative approaches currently in force in the United States (Lanham Act, Sherman Antitrust Act, Federal Trade Commiss

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15

KAPLAN, BONNIE. "Selling Health Data." Cambridge Quarterly of Healthcare Ethics 24, no. 3 (2015): 256–71. http://dx.doi.org/10.1017/s0963180114000589.

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Abstract:Two court cases that involve selling prescription data for pharmaceutical marketing affect biomedical informatics, patient and clinician privacy, and regulation. Sorrell v. IMS Health Inc. et al. in the United States and R v. Department of Health, Ex Parte Source Informatics Ltd. in the United Kingdom concern privacy and health data protection, data de-identification and reidentification, drug detailing (marketing), commercial benefit from the required disclosure of personal information, clinician privacy and the duty of confidentiality, beneficial and unsavory uses of health data, re

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16

Keitner, Chimène I., and Scott Dodson. "Jam v. International Finance Corp." American Journal of International Law 113, no. 4 (2019): 805–11. http://dx.doi.org/10.1017/ajil.2019.49.

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In Jam v. International Finance Corp., the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 (IOIA) affords international organizations (IOs) the same immunity from suit in U.S. courts that foreign governments currently enjoy under the Foreign Sovereign Immunities Act of 1976 (FSIA), which codifies the restrictive theory of foreign sovereign immunity. The International Finance Corporation (IFC) had argued that the IOIA, which grants international organizations the “‘same immunity’ from suit … ‘as is enjoyed by foreign governments’” (p. 15), should be understoo

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17

Gonta, Semen Nikolaevich, Manushak Nazaretovna Plyakich, and Yuliya Aleksandrovna Malkova. "The use of civilian quadrocopters in the official activities of the police and other law enforcement agencies: an overview of foreign experience." Национальная безопасность / nota bene, no. 4 (April 2024): 43–60. http://dx.doi.org/10.7256/2454-0668.2024.4.71003.

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This article is devoted to the study of the possibilities of using commercial quadrocopters in the official activities of various law enforcement agencies. The relevance of the work is due to the fact that, thanks to technological progress, more and more technical means are now becoming available to law enforcement officials, which can significantly facilitate their work, and in some cases, even save lives. The object of the study is commercial (also called "civilian") quadrocopters. The subject of the study is the use of commercial quadrocopters in the official activities of the police and ot

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18

Vázquez, Carlos M. "Volkswagen Aktiengesellschaft v. Schlunk." American Journal of International Law 82, no. 4 (1988): 816–20. http://dx.doi.org/10.2307/2203516.

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In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. sub

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19

Keyzer, Eric P. A., and Marion Th Nijhuis. "The Hague Evidence Convention: Practice in the Netherlands." Leiden Journal of International Law 2, no. 2 (1989): 155–66. http://dx.doi.org/10.1017/s0922156500001242.

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The Hague Evidence Convention – officially the Convention On the Taking of Evidence Abroad in Civil or Commercial Matters – was realized in 1970 by The Hague Conference for Private International Law. The Convention gave rise to several differences of opinion between Europe and the United States. The European countries and the United States, in particular, disagree about the (optional or obligatory) character of the convention-procedures. This article will, among other things, deal with the consequences to be expected in The Netherlands of a recent American Supreme Court judgement on this issue

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20

Koch, Christopher. "The Enforcement of Awards Annulled in their Place of Origin The French and U.S. Experience." Journal of International Arbitration 26, Issue 2 (2009): 267–92. http://dx.doi.org/10.54648/joia2009014.

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This article examines to what extent awards which have been annulled in their country of origin can be enforced in France and the United States. In the 1990s the Hilmarton case in France and the Chromalloy decision in the United States seemed to indicate that French and U.S. case law was moving in a similar direction. In both cases the courts enforced awards that had been set aside in their place of origin, not pursuant to the New York Convention, but on the basis of the more favourable provisions of domestic arbitration law. However, since then, the French and U.S. courts have taken diametric

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21

Martínez Sierra, José Manuel, and Juan Manuel Mecinas Montiel. "Control de armas en el nuevo federalismo americano." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 603. http://dx.doi.org/10.5944/trc.38.2016.18605.

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En el presente trabajo se analizan las principales dimensiones constitucionales de la posesión de armas de fuego en los Estados Unidos de América: los derechos y libertades individuales, la seguridad pública, y la distribución de competencias entre la Federación y los Estados. En este análisis acudimos principalmente a la historia constitucional y a la hermenéutica de la doctrina constitucional del Tribunal Supremo americano, especialmente de las sentencias Heller y López. Se puede concluir que dicha jurisprudencia rompe dramáticamente con la progresiva federalización competencial desarrollada

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22

Herman, Shael. "Specific Performance: A Comparative Analysis (1)." Edinburgh Law Review 7, no. 1 (2003): 5–26. http://dx.doi.org/10.3366/elr.2003.7.1.5.

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This paper explores the regulation of specific performance of sales by reference to Spain and the USA, two jurisdictions which are exemplars of their respective legal families. It contrasts provisions under the Spanish Civil Code, Spain's Ley de Enjuiciamiento Civil, and under the American Uniform Commercial Code, and speculates on the interaction of these municipal laws with the regulation of specific performance under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The study is split into two parts, the first of which appears here, and the second of whi

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23

Chen, Yifei, and Zhihan Fu. "Multi-Step Ahead Forecasting of the Energy Consumed by the Residential and Commercial Sectors in the United States Based on a Hybrid CNN-BiLSTM Model." Sustainability 15, no. 3 (2023): 1895. http://dx.doi.org/10.3390/su15031895.

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COVID-19 has continuously influenced energy security and caused an enormous impact on human life and social activities due to the stay-at-home orders. After the Omicron wave, the economy and the energy system are gradually recovering, but uncertainty remains due to the virus mutations that could arise. Accurate forecasting of the energy consumed by the residential and commercial sectors is challenging for efficient emergency management and policy-making. Affected by geographical location and long-term evolution, the time series of the energy consumed by the residential and commercial sectors h

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Kukshinova, O. O., and D. I. Galyas. "Legal regulation governing arrest of a seagoing vessel." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 319–24. http://dx.doi.org/10.24144/2307-3322.2021.67.60.

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The article analyzes international and national regulations governing the arrest of seagoing vessels. Thus, attention is drawn to the fact that some legislative acts of Ukraine have been amended in terms of determining the jurisdiction of cases of arrest of ships, important changes have been made to both the Civil Procedure Code of Ukraine and the Commercial Procedural Code of Ukraine, which, in turn, impetus for the formation of a new array of case law in cases of arrest of ships. It analyzes International Convention for the unification of certain rules relating to Arrest of Sea-going S

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Bayat, Masoud, Majid Abbasabadi, and Hossein Taherkhani. "Challenges of the Right to Fame and the Consequences of Its Violation in the Iranian Legal System." Interdisciplinary Studies in Society, Law, and Politics 3, no. 1 (2024): 91–103. http://dx.doi.org/10.61838/kman.isslp.3.1.11.

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The right to fame, though increasingly relevant in today’s digital age, remains underdeveloped within Iran’s legal framework. This article explores the challenges and consequences of violating the right to fame in Iran, where legal protections are primarily derived from defamation and privacy laws, lacking explicit recognition of fame as a protectable legal right. By employing a descriptive analysis method, the article examines the existing legal provisions, key cases, and the interaction between fame, media law, and freedom of expression in Iran. A comparative analysis with legal systems in t

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Herman, Shael. "Specific Performance: A Comparative Analysis (2)." Edinburgh Law Review 7, no. 2 (2003): 194–217. http://dx.doi.org/10.3366/elr.2003.7.2.194.

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The first part of this article appeared in the first issue of this volume of the Edinburgh Law Review. The article explores the regulation of specific performance of sales by reference to Spain and the USA and speculates on the interaction of these municipal laws with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The first part compared Spanish and United States approaches to specific performance. In this second part the CISG's approach to specific performance is examined with the goal of inquiring, on one hand, whether the drafters have successfully ac

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27

Murdock, Russell. "Legal Liability in Live Action Role-Playing: The Law is Dark and Full of Terrors." International Journal of Role-Playing, no. 9 (December 28, 2018): 4–8. http://dx.doi.org/10.33063/ijrp.vi9.264.

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This paper explores the legal liabilities and risks associated with running a live-action role-playing game (larp). Because few cases directly involving the larp community have been litigated, this paper searches for corollaries from other types of events run mainly in the United States that may prove enlightening for larp organizers. While the legal concerns faced by larp organizers may seem novel to them, many similar issues of legal liability have been litigated in courts for more than a century. The legal principles of social host liability vs. commercial host liability will be analyzed in

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Oliveira, Dânton Hilário Zanetti de, and Cinthia Obladen de Almendra Freitas. "The “Schrems II” case and its possible effects in brazilian law." Revista de Ciências do Estado 9, no. 2 (2024): 1–21. https://doi.org/10.35699/2525-8036.2024.50093.

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The information flow between different countries represents a striking feature of State sovereignty and of contemporary businesses’ activities, which often implies the need to transfer citizen’s personal data from one country to another. Aiming to safeguard the interests of the economic block and protecting the fundamental rights of European citizens, the Court of Justice of the European Union recently analyzed the complaint of an Austrian lawyer regarding the breach of the European General Data Protection Regulation (GDPR) guidelines, which resulted in the recognition of invalidity of standar

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Domingos, Pedro. "EVALUATING THE ADMINISTRATION OF JUSTICE AND ABUSE OF PROCESS: A CRITICAL ANALYSIS OF THE MARIANA JURISDICTION CHALLENGE [2022] AND THE EUROPEAN SYSTEM OF LAW FOR CIVIL AND COMMERCIAL MATTERS FOR A THIRD STATE." Access to Justice in Eastern Europe 7, no. 2 (2024): 1–17. http://dx.doi.org/10.33327/ajee-18-7.2-a000204.

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Background: This research critically analyses the jurisdictional challenges and their implications for the proper administration of justice in the case of Mariana vs. BHP Group [2022] EWCA Civ 951. The legal route taken by the High Court of Appeal is examined, considering both the proceedings in the UK (pre-Brexit) and a third state (Brazil). This text examines the impact of the European legal framework on EU member states and evaluates the approach of UK towards Article 34 of the Brussels Regulation. The analysis examines whether pursuing damages based in civil or commercial liability suffere

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Hetherington, David. "Truly Modular and Open System Design is Difficult." INCOSE International Symposium 34, no. 1 (2024): 2270–86. http://dx.doi.org/10.1002/iis2.13269.

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AbstractIn the United States, major defense acquisition programs must implement a modular open systems approach (MOSA) as required by U.S. law. (Defense Standardization Program, 2016). Some in the defense community have focused on MOSA as a checklist compliance activity. However, designing economically and operationally competitive system platforms that are truly modular is extremely challenging. Many such modular system platform efforts fail to meet early expectations for convenience, cost, and community uptake. Open standards are challenging as well. If a highly successful, stable, well‐docu

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Senyuta, I. Y. "Arbitration in Medical Cases in Ukraine." Medicne pravo, no. 2(22) (September 25, 2018): 41–49. http://dx.doi.org/10.25040/medicallaw2018.02.041.

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Current political and legal conditions caused by the medical reform implementation, transformation of legislation, and increased activity of patients to protect their rights, have given rise to the need to find the best forms, methods and means of protecting human rights in the field of medical care. The Council of Europe recommends the governments of member states to ensure that patient safety becomes a cornerstone of all relevant healthcare strategies and defines that, while people can make mistakes in all areas of activity, they can turn those mistakes to experience in order to preven

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Tough, Frank J. "“Full Circle”: Theories of Property Rights as Indicated by Two Case Summaries Concerning the Individualization of Collective Indigenous Lands Interests." Journal of Aboriginal Economic Development 8, no. 2 (2013): 24–39. http://dx.doi.org/10.29173/jaed331.

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The "Rule of Law" and "Individual Property Rights" are often regarded as necessary conditions for economic growth and development. Recently, the common ownership of First Nation reserve lands in Canada was identified as "Dead capital." Apparently, the problems of delayed development can be traced to a dysfunctional property system. A serious critique of collective ownership with its concomitant high transactions costs suggests a stronger on-reserve role for market relations. Only by individualizing land ownership and coming out from under the Indian Act can the commercial potential of reserve

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De Richter, Pieter. "Variability in the use of cut-off points with different commercial and lab-developed assays for PD-L1 expression testing in the NSCLC clinical setting in the United States." Journal of Clinical Oncology 35, no. 7_suppl (2017): 46. http://dx.doi.org/10.1200/jco.2017.35.7_suppl.46.

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46 Background: Following the recent approval of several companion diagnostic and complementary diagnostic assays for PD-L1 expression testing, as well as the availability of multiple antibodies for use in laboratory testing, pathologists have a range of tools at their disposal for measuring expression levels of this predictive biomarker. While specific cut-off points for positivity are specified by the assay manufacturer and/or recommended based on trial data, clinicians can choose different cut-off points to define positivity. In this study, we explore the variety of test brands and cut-off p

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Abd Razak, Siti Suraya, and Saiful Izwan Abd Razak. "INTELLECTUAL PROPERTY RIGHTS FOR 3D BIOPRINTING IN MALAYSIA." UUM Journal of Legal Studies 14, no. 2 (2023): 709–33. http://dx.doi.org/10.32890/uumjls2023.14.2.12.

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Additive manufacturing in the field of tissue engineering has evolved rapidly over the past few decades. 3D bioprinting is an extendedapplication of additive manufacturing that involves the building of tissue or organ in a layer-by-layer manner using a bioprintervia instructions from computer graphic software. 3D bioprinting technology offers promise in the transformation of healthcare sectors. Consequently, disputes regarding commercial use of 3D bioprinting, in particular on intellectual property rights will arise. Patent ownership and registration of bioprinting products and processes pose

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Kravchuk, Aleksey A. "Limited liability and mechanisms for ignoring it in the legal orders of the Russian Federation and the United States of America." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 54 (2024): 111–33. https://doi.org/10.17223/22253513/54/7.

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Modern corporate law, as well as the phenomenon of corporation itself, are unthinkable in isolation from the limited liability institution. It should be recognized that the current level of the global economy development has been achieved precisely thanks to the adoption of this institution, which gave rise to the development of a corporate model of business process management. However, the limited liability of investors often leads to the abuse of this right, that is performed by using a legal entity structure for illegal purposes. The legal systems of various states have developed methods to

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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, Su-Sung, and Kyung-Jin Choi. "A Study on Problems and Improvement Measures of Taxation on REITs Dividendable Profits." KOREAN SOCIETY OF TAX LAW 9, no. 1 (2024): 77–107. http://dx.doi.org/10.37733/tkjt.2024.9.1.77.

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REITs are indirect real estate investment products that collect funds from investors, invest them in real estate-related securities, and return the profits to investors. In the case of domestically listed REITs, if dividendable profits are generated, more than 90% must be paid as dividends. Through this, corporate tax is exempted. The government has made great efforts to expand the size of the public REITs and public real estate fund markets. Nevertheless, REIT investment is less active in some areas than major overseas countries. Recently, under the Corporate Tax Act, the principle is not to

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Ilyin, D. V. "Несостоявшееся сотрудничество: ЭВМ и компьютерные технологии в контексте научно-технического взаимодействия сверхдержав в 1970-е гг." Вестник гуманитарного образования, № 4(32) (16 лютого 2024): 71–83. http://dx.doi.org/10.25730/vsu.2070.23.056.

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The article is devoted to the issue of the transfer of computers and computer technologies between the USA and the USSR in the context of the defusing of international tension in the 1970s. Based on documents from domestic archives (Russian State Archive of Modern History and Russian State Archive of Economy), published English-language sources, the characteristic features and trends of the development of the Soviet computer industry against the background of the American benchmark, the assessment of Soviet computers and their production by American intelligence officers, experts, politicians,

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Hidalgo-Lopez, Juliana E., Gail J. Roboz, Brent Wood, et al. "Heterogeneity of Minimal/Measurable Residual Disease (MRD) Practices in Adult B-Cell Precursor Acute Lymphoblastic Leukemia (BCP-ALL) in the United States." Blood 138, Supplement 1 (2021): 4478. http://dx.doi.org/10.1182/blood-2021-144353.

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Abstract Background: MRD testing in BCP-ALL is critical for appropriate patient management, but little is known regarding sample acquisition and testing heterogeneity across clinical practice settings. These factors may impact the quality and reliability of MRD assessment. Methods: Thirty-minute online surveys were conducted in May 2021 with hematologists/oncologists (HEME/ONCs) in the United States in both academic (acad) and community (comm) settings. Respondents were licensed physicians board certified in oncology and/or hematology who treated ≥2 BCP-ALL patients/year or ≥10 patients in the

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Pomeranz, Jennifer L. "United States: Protecting Commercial Speech under the First Amendment." Journal of Law, Medicine & Ethics 50, no. 2 (2022): 265–75. http://dx.doi.org/10.1017/jme.2022.51.

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AbstractThe First Amendment to the US Constitution protects commercial speech from government interference. Commercial speech has been defined by the US Supreme Court as speech that proposes a commercial transaction, such as marketing and labeling. Companies that produce products associated with public health harms, such as alcohol, tobacco, and food, thus have a constitutional right to market these products to consumers. This article will examine the evolution of US law related to the protection of commercial speech, often at the expense of public health. It will then identify outstanding que

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Benedict, Kaitlin, and Brendan R. Jackson. "Sporotrichosis Cases in Commercial Insurance Data, United States, 2012–2018." Emerging Infectious Diseases 26, no. 11 (2020): 2783–85. http://dx.doi.org/10.3201/eid2611.201693.

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Bailey, Jennifer L. "Norway, the United States, and Commercial Whaling." Journal of Environment & Development 18, no. 1 (2009): 79–102. http://dx.doi.org/10.1177/1070496508329358.

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Sumner, Daniel A. "American Farms Keep Growing: Size, Productivity, and Policy." Journal of Economic Perspectives 28, no. 1 (2014): 147–66. http://dx.doi.org/10.1257/jep.28.1.147.

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Commercial agriculture in the United States is comprised of several hundred thousand farms, and these farms continue to become larger and fewer. The size of commercial farms is sometimes best-measured by sales, in other cases by acreage, and in still other cases by quantity produced of specific commodities, but for many commodities, size has doubled and doubled again in a generation. This article summarizes the economics of commercial agriculture in the United States, focusing on growth in farm size and other changes in size distribution in recent decades. I also consider the relationships bet

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Lysenko, H. I., and L. A. Muzyka. "The concept of «force majeure» under the laws of Ukraine, the United Kingdom and the United States." Uzhhorod National University Herald. Series: Law 1, no. 84 (2024): 336–42. http://dx.doi.org/10.24144/2307-3322.2024.84.1.50.

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The article analyzes the concept of force majeure provided for in Article 14-1 of the Law of Ukraine «On Chambers of Commerce and Industry in Ukraine» No. 671/97-ВР of December 2, 1997, which defines the list of circumstances falling under the concept of «force majeure». This list is quite broad, but not exhaustive. At the same time, such a list of force majeure circumstances did not exist before September 2, 2014, and this list appeared in connection with the anti-terrorist operation in eastern Ukraine after the entry into force of the Law of Ukraine «On Temporary Measures for the Period of A

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Lingkanaya, Jovanka. "HARMONIZATION OF COMMERCIAL TRANSACTION LAW IN THE ASEAN REGION: THE IMPORTANCE, POSSIBILITIES AND CHALLENGES." Law Review, no. 2 (November 29, 2021): 261. http://dx.doi.org/10.19166/lr.v0i2.3823.

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<em>The Southeast Asian region is viewed as a united block that is ASEAN. The ASEAN roots from a diverse economic system, culture, ethnic, technical, and educational system. In the modern-day globalization, economic globalization continues to develop as well. This economic globalization pushes the importance of having an integrated commercial transaction law of the ASEAN member states. The idea of integration that stems from a rapidly growing economic globalization results in an unavoidable demand for harmonization of commercial transaction law within the ASEAN region. As a united region

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Nordlie, John, Jeremy Straub, and Joe Vacek. "Considering Regulation of Small Unmanned Aerial Systems in the United States." Air and Space Law 39, Issue 4/5 (2014): 275–93. http://dx.doi.org/10.54648/aila2014022.

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The regulation of small unmanned aerial systems, in the United States, currently consists of a narrowly defined exemption for hobbyists and a general ban, without special authorization, for all commercial and most other activities. Recent challenges to the FAA's authority to regulate small UAS have raised interesting legal questions. This paper examines the basis for such regulation and proposes a way forward analogous to the use of free balloons and ultralight vehicles. It is proposed that small Unmanned Aerial Vehicles (UAVs) not require registration, pilot certification or licensing. Instea

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Pushkar, Svetlana. "LEED-CIv4 Commercial Interiors: United States (2014–2019)." Sustainability 12, no. 1 (2019): 69. http://dx.doi.org/10.3390/su12010069.

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This paper analyzes Leadership in Energy and Environmental Design for Interior Design and Construction: Commercial Interior (LEED-CIv4) projects, thereby presenting the first empirical evidence of these projects. The aim of the study was to reveal trends in Certified, Silver, Gold, and Platinum LEED-CIv4 US projects, certified in 2014–2019. The effect size between possible and achieved points in categories and credits was measured using Cliff’s δ. The following conclusions were drawn: (i) the Integrative Process, Innovation, and Regional Priority categories showed high achievements only in Pla

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McCormack, Jacqueline. "Commercial Contracts in Muslim Countries of the Middle East: A Comparison with the United States." International Journal of Legal Information 37, no. 1 (2009): 1–28. http://dx.doi.org/10.1017/s0731126500003425.

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Outside of the common law and civil law legal traditions, what is termed “Islamic law” forms one of the world's largest legal systems. There are more than one billion Muslims world-wide, and millions of those Muslims populate some of the world's richest trading zones. As of 2005, the Gulf Cooperation Council (G.C.C.), comprised of Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, and the United Arab Emirates, was the United States' fifth largest trading partner.

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Terry, Patrick C. R. "Enforcing U.S. Foreign Policy by Imposing Unilateral Secondary Sanctions: Is Might Right in Public International Law?" International Organisations Research Journal 17, no. 1 (2022): 25–55. http://dx.doi.org/10.17323/1996-7845-2022-01-02.

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Following the United States’ unilateral withdrawal from the agreement between the five permanent UN Security Council members, the European Union, Germany, and Iran, that intends to stop Iran from acquiring nuclear weapons, the United States has re-imposed and tightened its sanctions against Iran. The United States’ renunciation of the agreement, despite the agreement’s UN Security Council approval and verified Iranian compliance, arguably violated international law. Nevertheless, the United States is attempting to compel the other state parties (and others) to follow its policy on Iran by thre

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Jones, John Paul. "The Confederate Law of Prize." British Journal of American Legal Studies 12, no. 2 (2023): 337–44. http://dx.doi.org/10.2478/bjals-2023-0026.

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Abstract This essay describes the prize law of the Confederate States of America. Due to the Union's blockade of the South's coastline, Confederate judges heard very few prize cases. But when they did, they closely hewed to the prize law of the United States.

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