Segui questo link per vedere altri tipi di pubblicazioni sul tema: Contracts – united states – cases.
Articoli di riviste sul tema "Contracts – united states – cases"
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Vedi i top-50 articoli di riviste per l'attività di ricerca sul tema "Contracts – united states – cases".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Vedi gli articoli di riviste di molte aree scientifiche e compila una bibliografia corretta.
1
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.
Testo completoAbstract (sommario):
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 carriage of goods by sea must be construed like any other contracts: by their terms and consistent with the intent of the parties. Also, the paper finds that an independent contractor such as a stevedore, a terminal operator, an inland carrier, and a railroad, could be the beneficiary of a valid Himalaya Clause by analyzing U.S. courts cases.
 Research Implications - This paper sheds light on some legal issues surrounding the Himalaya Clause by comparative review. Also, it offers practical implications and suggestions that revise some articles of the Korean Commercial Code for the extended application of the Himalaya Clause.
2
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.
Testo completoAbstract (sommario):
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 of the United Nations Convention on Contracts for the International Sale of Goods, the so-called Vienna Conventions, except in cases where there are general conditions and standard contracts. The Vienna Convention, which is a compromise of continental, Roman and Anglo-Saxon law, is most often contracted. The offer and its acceptance are necessary for the conclusion of the contract, except for standard and formal contracts. The offer is a final act, and the acceptance of the offer is a statement of the agreement with the offer. The offer must have essential elements of the contract, but it can also have irrelevant elements. By concluding a contract with the application of INCOTERMS clauses, most irrelevant elements of the contract are regulated.
3
Schulte-Nölke, Hans. "Incorporation of Standard Contract Terms on Websites." European Review of Contract Law 15, no. 2 (2019): 103–29. http://dx.doi.org/10.1515/ercl-2019-0014.
Testo completoAbstract (sommario):
Abstract The draft of the American Law Institute’s Restatement of Consumer Contracts reflects the jurisdiction of the US courts on the ‘adoption’ (as the draft calls it) of standard contract terms into consumer contracts. This draft is of great value to European lawyers in understanding US developments, but it may also stimulate a reflection on the state and possible evolution of European legal systems. It turns out that in the United States, as in Europe, the law on the adoption of standard contract terms is still heavily influenced by cases from the pre-digital and paleo-digital era. This article explains the rules of the Restatement for the adoption of standard contract terms, tests their functionality, in particular using the example of websites, makes some drafting suggestions and puts forward a proposal for the further development of the law on the adoption of standard contract terms of websites. The adoption of standard contract terms governing the use of a website should not require that consumers receive a notice of the standard contract terms prior to entering that website. The requirements for the adoption of standard contract terms should be seen as mainly, if not only, having the purpose of pinpointing the wording of a contract for later reference if necessary.
4
Dannenberg, Ross, and Josh Davenport. "Top 10 video game cases (US): how video game litigation in the US has evolved since the advent of Pong." Interactive Entertainment Law Review 1, no. 2 (2018): 89–102. http://dx.doi.org/10.4337/ielr.2018.02.02.
Testo completoAbstract (sommario):
Video game litigation in the United States is neither new nor infrequent, and video game developers can learn valuable lessons from cases won, and lost, by others before them. This article examines the evolution of United States intellectual property law from historically narrow roots to classifying video games as an art form deserving broad free speech protection. This article examines seminal cases in a variety of IP areas, including not only copyrights, but also reverse engineering, derivative works, patents, trademarks, rights of publicity, the Digital Millennium Copyright Act, contracts, and freedom of speech. These cases explore the factual and legal limits of American jurisprudence in video game law, including how one's own expression can be limited by the rights of others, permissible and fair use and of others' IP, and the impact these cases have had in the industry. As video games have leveled up into a multi-billion dollar industry, the law has leveled up, too, and this article is the primer you need to level up with it.
5
Kim, Won Gak. "A Study on the Duty of Disclosure in the U.S. Insurance Law." Korean Insurance Law Association 17, no. 2 (2023): 75–140. http://dx.doi.org/10.36248/kdps.2023.17.2.075.
Testo completoAbstract (sommario):
The duty of disclosure became a doctrine of insurance contracts in 1766 with the decision in Carter v. Boehm and was codified in the U.K. Marine Insurance Act(MIA) of 1906. Since then, insurance laws in every country have provided provisions for the duty of disclosure. The specifics of the duty of disclosure have evolved over time as the interpretation of good faith in insurance contracts and the need to address moral hazard in underwriting have changed from country to country and era to era. Today, however, the duty of disclosure continues to be debated in every country, and the United States is no exception.
 The United States dutifully followed English law in the early years of its founding. Over the centuries, it has become part of Anglo-American law. However, it has also developed a significant amount of its law based on the needs and unique circumstances of American society. Insurance law in the United States is no different. Currently, U.S. state laws and regulations on the duty of disclosure differ from the U.K. laws, which were amended in 2012 and 2015. In addition, insurance laws and precedents are often different in each state in the United States. British laws and regulations on the duty of disclosure have been steadily and continuously introduced in Korea. However, it seems that no article in Korea provides a detailed introduction to the laws and regulations on the duty of disclosure in the United States. Although Korean insurance law belongs to the civil law system, the laws on the duty of disclosure rely very little on the difference in the law system. Today, the U.S. insurance industry has the most influence on the global insurance industry. In addition, some insurance policies in Korea still use English insurance policies used in the United States. In light of these facts, the laws and regulations of the United States may have implications for revising or interpreting the Korean insurance law.
 A thorough understanding of the laws on the duty of disclosure requires a complete understanding of the unique landscape of U.S. law. It also requires a deep understanding of the various systems and doctrines that are historical deposits of more than 170 years of U.S. insurance law. In this article, it would only be possible to present some 50 states' laws and cases on the duty of disclosure. Therefore, this paper is limited to summarizing the issues common to each state. The author will provide a more detailed discussion of U.S. laws and cases by studying each issue.
6
Żenkiewicz, Maciej. "Judge Skubiszewski at the Iran-United States Claims Tribunal." International Community Law Review 18, no. 2 (2016): 151–75. http://dx.doi.org/10.1163/18719732-12341327.
Testo completoAbstract (sommario):
The article presents the contribution of Professor Skubiszewski to the work of the Iran-United States Claims Tribunal during the period of his presidency (1994–2010). The article discusses the cases of Iran-United States Claims Tribunal decided during that period (dual-nationality cases, intergovernmental disputes and military contract cases) and the challenges which Professor Skubiszewski had to confront. Also considered are the more general problems encountered, such as unexpected extended existence of the Tribunal and its slow pace of work. In conclusion some general comments are drawn on the contribution of Professor Skubiszewski to the trajectory of the Tribunal, and on the future of the Tribunal itself.
7
Volynets, V. V. "Some aspects of legal regulation of e-commerce in the United States." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 373–78. https://doi.org/10.24144/2788-6018.2025.03.1.57.
Testo completoAbstract (sommario):
The article examines some topical issues of legal regulation of e-commerce in the United States, with an emphasis on its impact on the global economy and the need for flexible legislation. It is stated that e-commerce is a rapidly growing sector that is projected to reach $4.3 trillion in global retail sales by 2025. The author found that the United States, as a pioneering country in digital commerce, does not have a single e-commerce law, but instead uses a system of federal and state acts, including the E-SIGN Act (2000), UETA (1999), COPPA (1998), and CAN-SPAM Act (2003). These laws, the content of which is briefly analyzed in the article, regulate electronic signatures, data protection (especially for children) and anti-spam. It is found that in the United States, e-commerce regulation is based on the principles of minimal government intervention, which allows the market to self-regulate, but at the same time guarantees consumer protection. Particular attention is paid to case law, which plays a key role in interpreting regulations and setting precedents. The author analyzes the cases of Tompkins v. 23andMe and U.S. v. Google & YouTube” cases, the importance of clear rules for electronic transactions and protection of children’s data is demonstrated. It is also determined that the current American model of e-commerce regulation is based on the principles of minimal government intervention, which allows the market to regulate itself, but at the same time guarantees consumer protection. Particular attention is paid to case law, which plays a key role in interpreting laws and setting precedents in this area. The author also analyzes some of the current challenges related to cybersecurity, taxation and international harmonization of e-commerce legislation. It is emphasized that Ukraine should take into account the experience of the United States to develop an effective regulatory framework that will stimulate the development of the digital economy. The article offers specific recommendations for improving Ukrainian legislation, in particular, on electronic signatures, data protection, and online contracts.
8
Talus, Kim. "Just what is the scope of the essential facilities doctrine in the energy sector?: Third party access-friendly interpretation in the EU v. contractual freedom in the US." Common Market Law Review 48, Issue 5 (2011): 1571–97. http://dx.doi.org/10.54648/cola2011061.
Testo completoAbstract (sommario):
The application of EU competition law in the energy sector has intensified over the last few years. Article 102 TFEU and the essential facilities doctrine has been employed to change the way in which the European natural gas markets operate. Using a merits based approach to the essential facilities doctrine and transportation capacity contracts, the Commission is attempting to create a market structure capable of supporting competition. While the effect of this body of administrative cases is increasing opportunities for competition and as such can be seen as positive, the measures forced on the back of the essential facilities doctrine raise serious questions on its applicability and scope of actions it allows. A comparison to the case law in the United States shows a stark difference in the approach on the other side of the Atlantic. The Courts in the United States have been less willing to substitute the market-based mechanism with their own views about the most efficient market structure.
9
Jacoby, Daniel. "The Transformation of Industrial Apprenticeship in the United States." Journal of Economic History 51, no. 4 (1991): 887–910. http://dx.doi.org/10.1017/s0022050700040158.
Testo completoAbstract (sommario):
Between the 1880s and 1930s, apprenticeship was transformed from an institution dominated by employers to one dominated by unions. Prior to this transformation, employers leveraged their ability to hire, fire, and discipline at will by requiring apprentices to post forfeitable performance bonds. Despite their financial interest in the resolution of contract disputes, employers who withheld employees' bonds judged their own cases. Agency theory helps explain the use and abuse of bonding schemes and their role in the subsequent transformation of apprenticeship.
10
Santos, Mauricio Gomm Ferreira dos, and Mauricio Gomm Ferreira dos Santos. "Impactful Case Summaries: an Analysis of Developing Arbitral Jurisprudence in the United States." Revista Brasileira de Arbitragem 6, Issue 23 (2009): 189–221. http://dx.doi.org/10.54648/rba2009049.
Testo completoAbstract (sommario):
ABSTRACT: The Miami Arbitration Reports cover a number of topics, all of them relevant to the intersection between American law and international arbitration. This collection begins with a number of eye-catching decisions. First, the Sixth and Second Circuits have resurrected the non-statutory ground of "manifest disregard" for vacating an arbitral award. After what seemed like the final word from the US Supreme Court, it looks like the law is continuing to diversify and provide greater uncertainty. Second, the battle to obtain discovery in the United States in aid of private international Tribunals has started to really become interesting. At first, it appeared that the Federal courts would routinely enforce petitions for discovery, but the Southern District of Texas has taken a different path and laid down a challenge to other courts throughout the country. Third, the Fifth Circuit has defined the standard for non-signatories to compel arbitration, but the standard raises questions about the Federal policy favoring arbitration and conflicts over the effectiveness of the standard. And finally, in a case that is very important for those working with consumer contracts, the Eighth Circuit has taken great efforts to provide a workable standard for class action waivers. Then the Reports return to development of the case law after Hall Street. The Ninth Circuit takes up the challenge to interpret Hall Street and the definition of manifest disregard. After noting changes in the Second and Sixth Circuits last edition, the Ninth Circuit adds its voice to the conversation. Second, we profile the Arbitration Fairness Act and its potential effects on American law. With a new President and Congress, many people expect the Act to be passed, and it is crucial to understand it and how it can impact any arbitration with certain connections to American law. Third, the Third Circuit has delved into maritime law to decide how a party can secure a potential arbitral award by beginning proceedings against the ship. The decision has a complex factual and procedural history, and it has a significant impact for litigation arising from contracts on the high seas. And finally, the Eleventh Circuit has charted a course for courts to punish recalcitrant parties who abuse the appellate process by challenging arbitral awards under the manifest disregard standard. These cases seek to stem the tide of unnecessary appeals that dramatically slow the arbitration process. To finish the collection, the Reports conclude with a number of interesting cases. First, we discuss the decisions in both the United States and France regarding the ability of parties to blame the institution for aspects of the award or proceedings that do not work out according to plan. While none of the courts sided with the parties seeking relief, none of the courts closed the option. In the future, we might see more cases against arbitral institutions, and it is important to note the developing trend. Second, we return to the topic of manifest disregard one more time to see how another court interprets the Supreme Court's opinion in Hall Street. This decision is particularly interesting due to its discussion of the history of arbitration and the strength of the opinion relative to the other courts of appeal. Third, we venture into the world of labor arbitration. While many readers may not be particularly familiar with the topic, the Supreme Court has written a thought provoking opinion with implications for the international arbitration community. Finally, we analyze a recent decision from the D.C. Circuit that discusses two important topics: arbitration in the context of joint venture agreements and the length of time an arbitral clause can survive.
11
Bustami, Sirwan Yazid, Zulkarnain Zulkarnain, I. Ketut Suardana, and M. Ridho Rezkita. "PENOLAKAN LOCKHEED MARTIN TERHADAP PENJUALAN JET TEMPUR F-35 KE TURKI." BHUVANA: Journal of Global Studies 3, no. 1 (2025): 108–37. https://doi.org/10.59408/bjgs.v3i1.221.
Testo completoAbstract (sommario):
The research aims to analyze the factors influencing Lockheed Martin’s rejection of the sale of the F-35 JSF Fighter Jet to Turkey. The influential factors were examined using a single instrumental-explanatory case study research method. This method provides an in-depth understanding of Lockheed Martin’s decision by analyzing the causal relationships between variables based on the theory of the interests of the home country of multinational corporations and the theory of the nexus of contracts. Data were collected through a literature review and analyzed through several stages, including the selection of themes, topics, and cases; literature reading; formulation of research focus and problems; data collection; data refinement; data processing; data analysis; theoretical dialogue; and conclusion of research results. Based on the findings, Lockheed Martin’s rejection of the sale of the F-35 JSF Fighter Jet to Turkey was influenced by United States national security factors, compliance with the CAATSA sanctions regime, and reputational risk threats.
12
Noussia, Kyriaki. "Punitive Damages in Arbitration: Panacea or Curse?" Journal of International Arbitration 27, Issue 3 (2010): 277–94. http://dx.doi.org/10.54648/joia2010015.
Testo completoAbstract (sommario):
In recent years, the everlasting debate over the award of punitive damages in arbitration has rather intensified, not least because in certain jurisdictions, such as the United States, the awards are now larger than in the past and the attitude of the U.S. courts has grown to allow arbitrators to hear claims for which punitive damages are available. In the United Kingdom, however, the legal scenery and judicial attitude are rather different and punitive damages are not awarded save in a few cases in the law of torts. This article comments and comparatively discusses the position in the United Kingdom and in the United States in relation to punitive damages. The analysis concludes that punitive damages should be awarded to deter outrageous breaches of contract in cases where compensatory damages are inadequate and gain-based damages are unavailable. This article also contemplates the future and viability of the measure of punitive damages and the lessons to be learnt for drafters of arbitration agreements.
13
López de Letona, Javier Torre de Silva y. "The Right to Scrap Data on the Internet: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to the ChatGPT Scraping Cases: Differences Between US and EU Law." Global Privacy Law Review 5, Issue 1 (2024): 5–22. http://dx.doi.org/10.54648/gplr2024001.
Testo completoAbstract (sommario):
Data scraping is of the essence for generative artificial intelligence (AI), such as ChatGPT, as the data needed for AI training are in most cases obtained by this means. The first litigations regarding data scraping for training of generative AI systems are starting now. It is therefore relevant reviewing the case Law and regulation regarding data scraping, including the United States (US) Court of Appeals of the Ninth Circuit in the hiQ v. LinkedIn case. This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts. The idea that there is no ownership to unprotected, non-personal, publicly available data coincides with some recent EU Member States rulings. Data scraping is not illicit as such (the Google search engine is always scraping, and has been doing so since its creation), but it needs to respect some criminal law restrictions, privacy or data protection obligations, copyright and contractual Law. This article reviews this protection in both the US and the EU/UK and analyses the impact of the existing data scraping case law in the ChatGPT issues and very recent litigations. Data Scraping, AI, ChatGPT, hiQ v. LinkedIn, Data Protection, GDPR, Intellectual Property
14
Bennett, Tamera H. "Risky Business: Rejecting Adherence to Industry Standards in Exclusive Songwriter Agreements." Texas Wesleyan Law Review 4, no. 1 (1997): 71–98. http://dx.doi.org/10.37419/twlr.v4.i1.3.
Testo completoAbstract (sommario):
Part I of this Comment addresses the formation of the doctrine of unconscionability. Part I also covers the nature of exclusive songwriter agreements and how the doctrine of unconscionability can be utilized to level the playing field between songwriters and music publishers. Part II analogizes other areas within the entertainment industry where the courts have rejected adherence to industry standards and reformed the contractual agreements between the parties. This section's primary focus will be the court's reasoning in Phase II of Buchwald v. Paramount Pictures Corp. (Buchwald II) and how that court's analysis can be applied to exclusive songwriter agreements. Although Buchwald II is unpublished, the case is cited by commentators when addressing what they believe should be the appropriate analysis regarding unconscionability in contracts. The decision in Buchwald II will be contrasted with decisions reached in other areas of the entertainment industry in the United States and the cases that have become known simply as the "English Music Trilogy."'" The conclusion of this Comment will include both legal and policy arguments as to why adherence to current industry standards in exclusive songwriter agreements is a disservice to both parties of the contract.
15
Kolsky Lewis, Meredith. "Comments on Luke Nottage's Paper." Victoria University of Wellington Law Review 36, no. 4 (2005): 859. http://dx.doi.org/10.26686/vuwlr.v36i4.5618.
Testo completoAbstract (sommario):
The author comments on Luke Nottage's paper found in this volume (Luke Nottage "Who's Afraid of the Vienna Sales Convention (CISG)? A New Zealander's View from Australia and Japan" (2005) 36 VUWLR 815). The author first identifies additional factors as to why the Convention on Contracts for the International Sale of Goods ('CISG') may be opted out of in the United States: its lack of a duty of good faith, its narrow scope, and its uncertainty of outcome. However, the author argues that we should be more optimistic about the use of the CISG in the US. First, the US is an original signatory. Secondly, Americans may come to accept the CISG more as their exposure to it grows. Thirdly, a lack of reported US cases involving the CISG does not necessarily mean it is not being used – it purely indicates a lack of litigation. Fourthly, the CISG not being used may speak more about who the US are doing business with. Finally, the numbers show that the CISG is being used frequently. The author therefore concludes that we should be optimistic about the use of the CISG in the United States, and expects its use will increase over time.
16
Katkov, Aleksei D. "The History of American Foreign Policy Thought: Debates about the US Sovereignty in the Late 20th – Early 21st Centuries." History 19, no. 1 (2020): 43–59. http://dx.doi.org/10.25205/1818-7919-2020-19-1-43-59.
Testo completoAbstract (sommario):
In the 1990s the end of the Cold War and the US’s efforts to build a “new world order” actualized in scientific discourse the problem of understanding the principle of state sovereignty. Moreover, due to the WTO accession, the discussion among United States’ scholars intensified about the preservation of sovereignty of their own state. As a result, both the US authorities and most experts advocate the inviolability of the sovereignty of their country, noting, however, that it might be temporarily limited by different international obligations, first of all by economic agreements, but this does not affect it radically and the possibility of withdrawing from various kinds of contracts remains. At the same time, the last superpower’s foreign policy actions at the end of the 20th century (interference in the internal affairs of Grenada, Nicaragua, Panama, Haiti, Yugoslavia, etc.) clearly illustrate the disregard for the sovereignty of other states. In an attempt to explain this policy, they argued that sovereignty, while remaining a significant principle in general, can be lost, which opens up the legitimate path to the internationalization of a conflict. All in all, despite the fact that such an understanding of sovereignty as a conditional principle, is not new in itself, the United States took some steps to extend this understanding to the whole world, granting itself the right to single-handedly determine cases where and why sovereign rights are lost.
17
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.
Testo completoAbstract (sommario):
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 accounted for both Anglo-American and Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG are discussed as well as some of the assumptions underlying the reasoning processes of US courts in commercial cases. The final section speculates on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.
18
Dr. Muhammad Shahzad Ashfaq. "A Comparative Study of Education as Soft Power: The Cases of China and the United States." Research Journal of Psychology 3, no. 2 (2025): 559–70. https://doi.org/10.59075/rjs.v3i2.155.
Testo completoAbstract (sommario):
Education is increasingly used as a diplomatic tool to project soft power globally. This study explores how China and the United States employ education to shape their international image and influence. The study aims to compare educational strategies used by both nations, analyze their effectiveness, and assess international students' perceptions. The target population includes international students currently enrolled in Chinese and U.S. universities. A purposive sample of 20 international students (10 from each country) was selected. Convenience sampling was also used for expert interviews. Data was collected through semi-structured interviews and document analysis, including policy papers and institutional reports. A qualitative comparative case study design was employed, grounded in Nye’s soft power theory and constructivist international relations theory. Interviews were transcribed and coded thematically. Cross-case analysis was conducted to identify similarities and contrasts. Both nations use scholarships and cultural promotion, but the U.S. emphasizes prestige, while China focuses on accessibility and regional ties. Recommendations: Both countries should ensure academic freedom and intercultural engagement to enhance the credibility and sustainability of their soft power strategies.
19
Mulfirana, Makmur Khausan, and Moh Taufik. "Copyright Protection in the NFT Ecosystem: Legal Challenges and Policy Recommendations for Indonesia." Hakim: Jurnal Ilmu Hukum dan Sosial 3, no. 1 (2025): 1052–71. https://doi.org/10.51903/hakim.v3i1.2299.
Testo completoAbstract (sommario):
Non-Fungible Tokens (NFTs) present significant opportunities for the creative industry in digitizing and monetizing artistic works. However, a major challenge arises in copyright protection, particularly in Indonesia, which has yet to establish specific regulations addressing NFTs within its intellectual property (IP) law framework. Currently, legal protection relies on Law No. 28 of 2014 on Copyright, which does not fully accommodate the characteristics of blockchain technology. This study aims to analyze copyright protection in Indonesia's NFT ecosystem, compare it with regulatory frameworks in the United States and the European Union, and provide policy recommendations that are more adaptive to the advancement of digital technology. The research adopts a normative juridical approach, incorporating comparative legal analysis and empirical studies through interviews with 15 key stakeholders, including digital artists and legal practitioners. The findings indicate that 78% of respondents perceive Indonesia’s current regulatory framework as ineffective in protecting NFT copyrights, whereas regulatory developments in the United States and the European Union have successfully reduced NFT copyright disputes by 40% over the past five years. Additionally, an analysis of 30 NFT-related disputes on OpenSea and Rarible reveals that 65% of cases involve copyright claims that cannot be effectively resolved through national legal mechanisms. This study recommends implementing a takedown notice mechanism, integrating smart contracts for creator royalties, and strengthening digital arbitration frameworks within Indonesia’s legal system. With clearer regulations, Indonesia’s NFT ecosystem is expected to develop with stronger legal protections for digital content creators
20
Mousavi, Ehsan S., and Dennis Bausman. "Renovation in Hospitals: Pressurization Strategies by Healthcare Contractors in the United States." HERD: Health Environments Research & Design Journal 13, no. 1 (2019): 179–90. http://dx.doi.org/10.1177/1937586719861557.
Testo completoAbstract (sommario):
Objective: The objective of the study was to identify current practices utilized by contractors in healthcare renovation projects. Background: Renovation in healthcare facilities comprises nearly half of all healthcare construction. Since a complete shutdown of the healthcare facility during renovation is typically not feasible, efforts must be taken to isolate ongoing functions of the hospital from activities in the construction zone. There are numerous documented cases of morbidity and mortality related to construction activities in the hospital. Hence, guidelines recommend negative pressurization of the construction zone to prevent the migration of dust and potential pathogenic agents into the functioning zone. Method: To accomplish the paper objective, a questionnaire was developed to address pressurization strategies, the use of backup systems and anterooms, and workforce training for healthcare projects. One hundred twenty-nine project managers and superintendents from top healthcare construction companies in the United States participated in the study. Results: Results show that owners influence pressurization strategy, but contractors typically assume a primary role in establishing pressurization levels, monitoring conformance, and training construction personnel. However, without solid evidence of effectiveness, pressurization levels often vary from Center for Disease Control standards. Conclusion: Further research is needed to establish evidence-based practices and to develop training modules for construction crews to support these best practices. Promoting evidence-based training can improve patient safety and minimize adverse patient outcomes.
21
Fukuya, T., F. Mihara, S. Kudo, et al. "Tracheobronchial Calcification in Members of a Fixed Population Sample." Acta Radiologica 30, no. 3 (1989): 277–80. http://dx.doi.org/10.1177/028418518903000311.
Testo completoAbstract (sommario):
The Radiation Effects Research Foundation (formerly, Atomic Bomb Casualty Commission; ABCC) was established in April 1975 as a private non-profit Japanese Foundation, supported equally by the Government of Japan through the Ministry of Health and Welfare, and the Government of the United States through the National Academy of Sciences under contract with the United States Department of Energy. Accepted 4 December 1988. In a review of the chest radiographs of 1 152 consecutively examined subjects, 10 cases (0.87%) of extensive tracheobronchial calcification were identified. In addition, 51 subjects having this coded diagnosis were identified among 11758 members of a fixed population sample. Sixty of these 61 subjects were women. Tracheobronchial calcification usually appeared after the age of 60. The subjects' clinical and other radiologic diagnoses were reviewed and tracheobronchial calcification appeared to have no clinical significance. Histologic findings in autopsied cases showed the calcifications and ossificiations to be in the cartilaginous rings themselves. However, the reason for the overwhelming prevalence of this entity in women remains to be resolved.
22
Korol’kova, E. "Evolution of United States’ Private Military and Security Companies: The Case of Afghanistan 2001–2021." International Trends / Mezhdunarodnye protsessy 20, no. 1 (2022): 122–47. http://dx.doi.org/10.17994/it.2022.20.1.68.7.
Testo completoAbstract (sommario):
The withdrawal of troops on 31 August 2021 which was carried out in accordance with the Agreement signed on 29 February 2020 between the U.S. government and the Taliban (an international terrorist organization banned in the Russian Federation) marked the end of the international military campaign in Afghanistan which lasted twenty years. Assessing the preliminary outcomes of nearly a quarter-century of the US military and their NATO allies’ presence in Afghanistan, U.S. President Joseph Biden announced the end of “an era of major military operations to remake other countries”. Though the consequences of the Western coalition campaign in the area remain to be evaluated and they are unlikely to turn out to be unequivocal, the Atlantic strategy aimed at rebuilding and democratization of Afghanistan proved itself as bankrupt. Our research focuses on the way the twenty-year military campaign in Afghanistan affected the development of the U.S. private military and security companies (PMSC) industry. For these purposes, we, firstly, studied and traced the transformation of the private military and security services market in the U.S., and examined the changes of approaches and mechanisms used to contract PMSCs. Secondly, we analyzed the way the U.S. authorities addressed the challenges new market evoked, focusing on the measures of legal regulation that were applied to PMSCs, and the way the working of the U.S. institutional mechanisms was transforming. The final part of the research contains conclusions on the perspectives for the development of the American PMSC industry after the withdrawal of the U.S. troops from Afghanistan. We believe that due to its duration and continuity, the Afghan operation ensured a launchpad for the PMSC industry and provided conditions for private military and security companies to acquire and master high-end experience which in turn, contributed to the development of a certain market that goes well beyond the involvement of conventional human capital. It provided solutions for the production, utilization, and maintenance of the equipment and technologies, allowing the minimization of the direct participation of specialists in hostilities. Alongside the development of the American PMSC industry itself, the research studies the investigations conducted by the U.S. authorities into the cases of abuse committed by the contractors during their participation in Afghan war. It discusses the way this practice encouraged the transformations of United States procedures and mechanisms aimed at reducing malpractice when performing contracts and launched changes in U.S. legislation. It also demonstrates the lessons learned by the U.S. from the contractual practice with regard to the regulation of PMSCs. The research reveals the strengths and weaknesses of the American policy regarding PMSCs during the whole period of the military conflict in Afghanistan and helps to evaluate the success of the U.S. efforts in monitoring contractors across Afghanistan. To conclude, we reckon that considerable contractual experience acquired in Afghanistan ensures technological and procedural progress of the U.S. PMSC industry. Given the enduring rivalry between the U.S., Russia, and China, including in the military and technological spheres, the twenty-year experience of direct participation in hostilities by U.S. PMSCs boosted its competitive advantage compared to Russia and China, whose PMSCs still lack such an experience.
23
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.
Testo completoAbstract (sommario):
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 which follows in the next issue of the Edinburgh Law Review. In this first part, section B outlines method, while section C explores the modern Spanish doctrine on performance and damages in light of the Romano-Germanic preference for performance. Section D examines the preference for damages over performance in US commercial law. By comparing Spanish and United States approaches to specific performance, Section E identifies points of possible convergence between the two systems as well as some noteworthy differences between them. In the second part of the study, Section F will explore the CISG's approach to specific performance, with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both the Anglo-American and the Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG will be sampled in section G, which will make explicit some assumptions underlying the reasoning processes of US courts in commercial cases. Section H, an epilogue, will speculate on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.
24
Palmer, John L. "Income Security Policies in the United States: The Inevitability and Consequences of Retrenchment." Journal of Public Policy 7, no. 1 (1987): 1–32. http://dx.doi.org/10.1017/s0143814x00004323.
Testo completoAbstract (sommario):
ABSTRACTDuring the 1960s and early 1970s, strong economic growth and highly expansionary income security policies led to considerable progress for the entire American population with respect to major income security goals. However, in the last fifteen years much of this progress has been either arrested or reversed, particularly for the non-aged, as economic growth slowed and income security policies ceased to expand and, in some cases, contracted. This retrenchment was the inevitable consequence of numerous phenomena which preceded, and were reinforced by the Reagan era. American income security policies are not likely to contract generally in the future, nor to resume expanding in a direction characteristic of many Western European welfare states. Rather, the prospects are for slow economic growth, higher targetting of programs by income in some areas, and marginal expansions requiring minimal new commitments of public resources in others. Major income security problems, especially among the lower income population, will remain.
25
Gutorova, Nataliya, Vitalii Pashkov, and Oleksii Soloviov. "LEGAL MEANS OF ENSURING COMPETITION IN PHARMACY." Wiadomości Lekarskie 73, no. 12 (2020): 2701–8. http://dx.doi.org/10.36740/wlek202012201.
Testo completoAbstract (sommario):
The aim: To research the consequences of pharmacy chains monopolization and establishment of legal means of neutralization of such consequences. Materials and methods: The study is based on acts of the European Union, the United States, and Ukraine and international regulations and documents on health care. The study's materials were the results of a questionnaire survey of managers and specialists in a pharmacy on marketing contracts. The views of scientists on the above issue were also studied. The study analyzes generalized information from scientific journals using scientific, legal methods. Among the main research methods are systematic approach, analytical, statistical, comparative, dialectical, graphical, and a questionnaire survey of respondents. Results: Consolidation of massive pharmacy chains leads to an artificial increase in drug prices by almost 50 percent, which significantly reduces their availability to patients, and in many cases, makes treatment impossible due to lack of funds. Conclusions: As a result of further monopolization of the pharmacy market, the pharmaceutical industry, small pharmacy enterprises, and the complete distribution of medicines will be destroyed.
26
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.
Testo completoAbstract (sommario):
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, dividend, and other cases while United States courts accepted these conventions, except in the case of wasting asset companies. This historical contrast is of particular interest because a recent reversal of these countries legal stances has occurred through legislation. In the United States, the Revised Model Business Corporation Act and the legislatures of several states have now rejected accounting concepts of profit as the legal test for dividends and other shareholder distributions. The reasons for this rejection appear to be similar to those used by the British Court of Appeal nearly 100 years ago. In Great Britain, on the other hand, the 1980 Companies Act reverses much of the Lee case and places on accountants new responsibilities for determining whether company distributions to shareholders would violate the capital maintenance provisions of the act.
27
Liu, Yuan, and Izura Masdina Mohamed Zakri. "AI-driven contract law processes and the efficient breach doctrine: A systematic review of legal challenges in common law jurisdictions." International Journal of ADVANCED AND APPLIED SCIENCES 12, no. 3 (2025): 225–37. https://doi.org/10.21833/ijaas.2025.03.022.
Testo completoAbstract (sommario):
This study examines the changing role of artificial intelligence (AI) in contract law, focusing on how it interacts with the efficient breach doctrine in common law countries, including the United States, the United Kingdom, Canada, and Australia. A systematic review was conducted, analyzing 187 articles and 3 legal cases from Scopus and Google Scholar. From these, 56 articles and legal cases published over the last five years were selected for detailed analysis. The findings indicate that AI improves efficiency and accuracy in contract management and breach decisions, enhancing legal practice. However, it also raises significant legal and ethical challenges, such as issues of accountability, consent, transparency, and liability. The comparative analysis shows that courts in different countries are adopting AI at different rates, with regulatory frameworks still underdeveloped to address AI-related complexities in contract law. This study offers new insights by identifying areas for legal reform, such as creating new civil law rules, ethical guidelines, standardized documents, and stronger regulatory oversight. By contributing to the discussion on AI's impact on contract law, this research emphasizes the need for future legal frameworks that balance AI's benefits with principles of fairness and justice, promoting both innovation and ethical integrity in AI-based legal processes.
28
Vázquez, Carlos M. "Introduction to Symposium on the Third Restatement of Conflict of Laws." AJIL Unbound 110 (2016): 137–38. http://dx.doi.org/10.1017/s2398772300002956.
Testo completoAbstract (sommario):
The American Law Institute (ALI) has recently embarked on the project of elaborating a new Restatement of Conflict of Laws. Its first two Restatements on this subject have been enormously influential. The Ali began its work on the First Restatement in 1923, naming Joseph Beale of the Harvard Law School as its Reporter. Adopted in 1934, the First Restatement reflected the highly territorialist approach to the conflict of laws that had long prevailed in this country. Even before the First Restatement’s adoption, the First Restatement’s territorialist approach, and the “vested rights” theory on which it was based, was subjected to intense scholarly criticism. Nevertheless, the First Restatement’s approach continued to prevail in the United States until the New York Court of Appeals initiated a “choice-of-law revolution” in the early 1960’s with its decision inBabcock v. Jackson. Although most states have departed from the First Restatement’s approach, the First Restatement retains its adherents. Ten states continue to follow the First Restatement for tort cases and twelve states for contract cases.
29
Vogel, Theresa. "Critiquing Matter of A-B-: An Uncertain Future in Asylum Proceedings for Women Fleeing Intimate Partner Violence." University of Michigan Journal of Law Reform, no. 52.2 (2019): 343. http://dx.doi.org/10.36646/mjlr.52.2.critiquing.
Testo completoAbstract (sommario):
The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact on the protection afforded to women who have suffered this violence in other countries and seek protection from the United States. This is because U.S. asylum law trails decades behind even our flawed federal and state protections for victims of intimate partner violence. The male-centric lens through which the refugee definition was drafted and is interpreted continues to inhibit any progress in recognizing women’s asylum claims involving intimate partner violence. This Article finds that Matter of A-B- returns to the perception that intimate partner violence is a personal matter outside the scope of asylum protections. The decision demonstrates continued ignorance regarding the underlying reasons for intimate partner violence against women—gender and subordination. The failure to recognize that intimate partner violence occurs because of a woman’s gender is one of the primary obstacles to improvements in the treatment of asylum claims involving intimate partner violence. This Article contrasts the lack of progress in U.S. asylum law to provide protection to women who suffer intimate partner violence outside the United States with the advancements made in federal and state efforts to combat intimate partner violence occurring inside the United States. As a remedy, this Article recommends new legislation and regulations recognizing and guiding adjudication of these asylum claims, combined with judicial training and the development of a tracking mechanism for determinations in these types of cases. The current commitment to eradicating gender inequality within the United States is the perfect moment for reforming how we treat gender inequality when it occurs outside the United States.
30
Kofman, Aaron, Paula Eggers, Anne Kjemtrup, et al. "LB7. Contract Tracing Investigation Following First Case of Andes Virus in the United States." Open Forum Infectious Diseases 5, suppl_1 (2018): S761—S762. http://dx.doi.org/10.1093/ofid/ofy229.2181.
Testo completoAbstract (sommario):
Abstract Background In January 2018, a patient admitted to a Delaware hospital tested positive for New World hantavirus by IgM and IgG ELISA. Subsequent testing by CDC’s Viral Special Pathogens Branch (VSPB) confirmed Andes virus (ANDV) by reverse transcription polymerase chain reaction (RT-PCR) and sequencing. ANDV is transmitted to humans through contact with long-tailed rice rats endemic to Argentina and Chile. Unlike other hantavirus species, ANDV can be transmitted person to person, but transmission is typically limited to close contacts of ill persons. Because of this risk, a contact tracing investigation was initiated by CDC, state and county health departments. Method A suspect case was defined as a person with close contact with the traveler who became ill within the maximum incubation period (42 days) following last contact. A high-risk contact was defined as a person with exposure to the traveler’s body fluids. A low-risk contact was defined as a person who had provided care or in-flight service to, or was seated near the traveler for at least 1 hour, in the absence of exposure to body fluids. All contacts were advised to self-monitor their temperature daily for 42 days from last contact, and to seek medical care for any of the specified symptoms. Contacts that developed symptoms were tested for ANDV by RT-PCR and serology by VSPB. Result Fifty-three contacts were identified in six states; 51 were successfully reached. Of these, 28 were healthcare workers, 15 were airline contacts, seven were acquaintances of the traveler, and one was a hospital roommate. Two high-risk contacts were identified, both of whom remained asymptomatic. Six low-risk contacts reported influenza-like illness, diarrhea, or mild rhinitis during the incubation period. All six symptomatic low-risk contacts tested negative for ANDV by PCR, IgM, and IgG. The remaining low-risk contacts remained asymptomatic. Conclusion Hospitalized patients with ANDV should be managed with standard, contact, and droplet precautions. While the risk of human-to-human transmission is low, contact tracing should be considered to identify potential cases and limit additional exposures. Health providers should consider ANDV in returning travelers with a nonspecific febrile or acute respiratory illness who have traveled to the Andes region of Argentina or Chile in the preceding 6 weeks. Disclosures All authors: No reported disclosures.
31
Sin, Dongyun. "The ADR Procedure and Implication of Labor Disputes in the United States." Institute for Legal Studies Chonnam National University 43, no. 3 (2023): 173–200. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.173.
Testo completoAbstract (sommario):
In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution.
 Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.
32
Joelson, Mark R. "The Interplay of International, Federal and State Law in US Arbitration." Journal of International Arbitration 24, Issue 4 (2007): 379–88. http://dx.doi.org/10.54648/joia2007026.
Testo completoAbstract (sommario):
The US legal rules governing arbitration must be distilled from a potent mixture of international law, federal law and local (state) law. Congressional legislation implements the New York Convention treaty obligations of the United States with respect to the enforcement of international arbitration agreements. The federal legislation also expresses a strong national policy favoring arbitration which pre-empts contravening state laws and court decisions. Nonetheless, state legal rules remain critical in providing the essence of arbitral contract law. This article discusses the interaction among these different principles as they have developed in specific cases, many of them decided by the US Supreme Court.
33
DeCampli, William M. "Joint programmes in paediatric cardiothoracic surgery: a survey and descriptive analysis." Cardiology in the Young 21, S2 (2011): 159–64. http://dx.doi.org/10.1017/s1047951111001740.
Testo completoAbstract (sommario):
AbstractBackgroundJoint programmes, as opposed to regionalisation of paediatric cardiac care, may improve outcomes while preserving accessibility. We determined the prevalence and nature of joint programmes.MethodsWe sent an online survey to 125 paediatric cardiac surgeons in the United States in November, 2009 querying the past or present existence of a joint programme, its mission, structure, function, and perceived success.ResultsA total of 65 surgeon responses from 65 institutions met the criteria for inclusion. Of the 65 institutions, 22 currently or previously conducted a joint programme. Compared with primary institutions, partner institutions were less often children's hospitals (p = 0.0004), had fewer paediatric beds (p = 0.005), and performed fewer cardiac cases (p = 0.03). Approximately 47% of partner hospitals performed fewer than 50 cases per year. The median distance range between hospitals was 41–60 miles, ranging from 5 to 1000 miles. Approximately 54% of partner hospitals had no surgeon working primarily on-site, and 31% of the programmes conducted joint conferences. Approximately 67% of the programmes limited the complexity of cases at the partner hospital, and 83% of the programmes had formal contracts between hospitals. Of the six programmes whose main mission was to increase referrals to the primary hospital, three were felt to have failed. Of the nine programmes whose mission was to increase regional quality, eight were felt to be successful.ConclusionJoint programmes in paediatric cardiac surgery are common but are heterogeneous in structure and function. Programmes whose mission is to improve the quality of regional care seem more likely to succeed. Joint programmes may be a practical alternative to regionalisation to achieve better outcomes.
34
Yang, Ji Hoon. "Legal Study on the Introduction of Insurance Claim Rights Trust." Korean Insurance Law Association 18, no. 3 (2024): 131–77. http://dx.doi.org/10.36248/kdps.2024.18.3.131.
Testo completoAbstract (sommario):
This paper aims to propose improvements to relevant legislation for the introduction of an insurance claim rights trust system in South Korea by comparing it with case studies from major countries. In life insurance contracts where the insured's death is the insurance event, death benefits can be effectively used as a means of inheritance. Death benefits naturally belong to the designated beneficiaries, who are generally family members. Even if the beneficiaries are not family, the policyholder would typically hope that they will use the death benefit efficiently. However, various situations may arise where the beneficiaries may be unable to manage the funds effectively due to limited capacity, tendencies for wastefulness, or simply a lack of trust in the heirs. Utilizing death benefits and similar payments as trust property can help realize the policyholder's true intentions while also enabling stable asset management. Trusts have evolved from a means of transferring assets to an arrangement that supplements guardianship, thereby replacing inheritance. In this context, the insurance claim rights trust becomes particularly useful. While South Korea has not yet adopted an insurance claim rights trust, the recent phenomenon of wealth transfer has become pronounced, and interest in using life insurance for inheritance has grown, making discussions about the introduction of this system timely. Specifically, the study defines a comprehensive concept of insurance claim rights trusts, including their functions and necessity, while distinguishing them from similar systems such as life insurance assignments and insurance benefit trusts. The study investigates and analyzes the insurance claim rights trust systems in major countries, including the United States, the United Kingdom, Japan, China, and Taiwan. There are notable differences between trust property types and management methods, trust contract establishment and operation, and purposes between common law and civil law countries, which are discussed to derive implications. The paper also explores the structure that could be assumed for introducing insurance claim rights trusts in South Korea, critically examines why this system has not yet been adopted, and considers what measures are necessary for its implementation. Additionally, the types and structures of possible insurance claim rights trusts, along with their issues and areas for improvement, are examined. A common finding is that the formal beneficiary would become the trust company. While the actual benefits would be enjoyed by the trust beneficiaries, issues arise regarding conflicting interests (self-dealing), the nature of trust property, and the transferability of insurance claim rights. In this regard, amendments to the “Capital Market Act” are necessary to redefine the scope of property that trust companies can hold, ultimately allowing for all types of property with a proprietary nature to be entrusted. It would also be advisable to limit the scope of insurance claim rights that can be established as trust property to those that can be definitively determined, such as death or savings insurance. Provisions should be included to prevent the termination of insurance contracts in cases where the monetary value of insurance claim rights changes, such as through policy loans, and should allow for the inclusion of policyholder beneficiary change clauses. Finally, the scope of exceptions for conflicting interest transactions should be expanded, especially to allow exceptions for self-dealing when there is consent from the trust beneficiary. In conclusion, the type of insurance claim rights trust that seems most suitable for South Korea is one that designates the policyholder as the trustor and the beneficiaries as the trustees. This aligns with the common types adopted in major countries such as the United States, China, Taiwan, and Japan.
35
Pereira, Eduardo G., Tolulope O. Taiwo, and Ngozi Chinwa Ole. "Addressing Residual Liability and Insolvency in Disused Oil and Gas Infrastructure Left in Place: The Cases of Brazil, Nigeria, and Trinidad and Tobago." Journal of Sustainable Development Law and Policy (The) 11, no. 2 (2021): 326–61. http://dx.doi.org/10.4314/jsdlp.v11i2.3.
Testo completoAbstract (sommario):
This article analyses the decommissioning framework for oil and gas infrastructures in Brazil, Nigeria, and Trinidad and Tobago. It examines whether the existing provisions in each country are able to guarantee that the government and, by extension taxpayers, do not bear the costs of decommissioning and, the consequences of insolvency on residual liabilities. An additional motivation for this examination is the ongoing Coronavirus Disease 2019 (COVID-19), a pandemic with significant adverse impacts on the oil and gas industry. A likely consequence of the economic devastation from this is the insolvency of any party with decommissioning obligations.The article argues that the provisions of the Brazil petroleum legislation on the reversion of abandoned installations to the government could imply that taxpayers have to bear the residual liabilities without any compensation from the concerned concessionaires or contractors. It also argues that the provisions of the Petroleum Law to the effect that ‘the reversion of facilities does not entail any expense whatsoever for the Brazilian government ’does not certainly translate to pecuniary compensation to the latter for assuming the future residual liabilities from abandoned installations. The Nigerian and the Trinidad &Tobago Decommissioning Framework also suffer the latter risk of the government bearing the residual liabilities for such disused installations.In Nigeria, the framework is silent on who bears the residual liabilities for disused installations. However, it is argued that the provisions of the Production Sharing Contracts on the transfer of ownership to the Nigerian government implies that they would have to bear eventual liabilities for such disused installations. Even in cases where the licensee or contractor may bear the burden of residual liabilities, the problem of future insolvency and cessation of such companies may entail that taxpayers bear the burden of residual liabilities. The article concludes with key recommendations on how to address the identified gaps using lessons from best practices such as United Kingdom, Norway and United States of America. One of such proposals is on the allocation of liability where there is a transfer of interest. Another is for joint and several or at least secondary liability of responsible parties even after decommissioning activities are over; a recommended provision to this effect is also provided. The third recommendation is on how time-constrained residual liability can be used alongside lump sum payments to limit the State's financial exposure for decommissioning costs.
36
Nelson, Leonard J. "International Travel Restrictions and the Aids Epidemic." American Journal of International Law 81, no. 1 (1987): 230–36. http://dx.doi.org/10.2307/2202161.
Testo completoAbstract (sommario):
AIDS is truly an international phenomenon, with cases now reported on every continent. To combat the AIDS epidemic, the nations of the world may be reverting to a pattern of quarantine and restrictions on international travel. For example, on April 23, 1986, the Federal Register gave notice of a rule proposed by the Centers for Disease Control of the United States Public Health Service that, if enacted, will add AIDS to the list of seven diseases that provide grounds for exclusion of aliens. This action would allow the U.S. Department of State to deny visas and the Immigration and Naturalization Service to deny admission to aliens subject to medical examination (generally immigrants and refugees) who are found to have AIDS. Although seemingly innocuous, the proposed regulation was initially seen by gay rights groups as an instrument that could potentially be used to harass homosexuals and other high-risk groups seeking entry to the United States. The proposed regulation also contrasts with the U.S. Public Health Service’s domestic strategy for coping with AIDS, which emphasizes education rather than quarantine as the principal means of controlling the disease.
37
Graham, John Remington. "Natural Law, our Constitutions, and the Unborn." Revue générale de droit 27, no. 1 (2016): 21–53. http://dx.doi.org/10.7202/1035839ar.
Testo completoAbstract (sommario):
The problem of unenumerated constitutional rights in the United States and Canada is examined in order to seek a true and objective basis upon which judicial opinions may elaborate such privileges and immunities. The authentic root principles of fundamental law in both countries are traced to natural law as explained by Aquinas, Blackstone, Jefferson and other such legal philosophers. From this fund of knowledge, it is shown that natural law is a postulate of constitutional order in the United States and Canada, as illustrated by numerous judicial decisions which deal with freedom of contract based on the abolition of slavery, freedom to pursue useful knowledge, and such like. Natural law as a postulate of constitutional order is shown to presuppose not only the existence of God, but also to ordain the equal dignity and certain "absolute" or "unalienable" rights founded on the spiritual reality of human nature, in terms of which all constitutional rights should be interpreted and expounded, including our unenumerated rights of privacy in matters of sexuality. The author then reviews the main American and Canadian cases on the difficult problem of abortion, giving focus to similarities and contrasts along the way. It is shown that, given the spiritual essence of humanity ordained by natural law, the unborn enjoy a unique legal status as persons, which is evident in the traditions of both the common law and the civil law, and that, consequently, those judicial decisions announcing broad and sweeping constitutional rights to terminate pregnancy are, in the final analysis, indefensible. At stake, says the author, is more than a practical resolution of our contemporary political dispute over abortion, for the question goes to the very heart of our whole system of law and justice. Prospects of future constitutional development, including avenues of possible compromise, are discussed.
38
Wang, Jingyi. "Study on the Multidimensional Analysis of PPP Project Failure Causes and Risk Management Optimization: Case Studies from China and the United States." Advances in Economics, Management and Political Sciences 181, no. 1 (2025): 47–51. https://doi.org/10.54254/2754-1169/2025.22799.
Testo completoAbstract (sommario):
As Public-Private Partnership (PPP) projects involve collaboration between the public sector and private enterprises, they are commonly used in infrastructure construction, which is characterized by long durations, substantial investments, and low short-term returns. Those characteristics lead a lot of potential risk for P3 projects. In order to explore why P3 project fail and the risk management optimization plan, this study examines the cases of the "Ghost City" of Ordos in China and SR-91 of California in the US.By employing a literature review and comparative analysis, the study identifies and contrasts the challenges faced by these two cases. Based on the identified problem models in China and the US, the study further extracts a common problem model. The findings suggest that the main reason that impact the failure of P3 project is error estimate of local future economic development and put forward three solutions that multidimensional dynamic analysis, professional assessment and improve the transparency.
39
Steinmetz, George. "Return to Empire: The New U.S. Imperialism in Comparative Historical Perspective." Sociological Theory 23, no. 4 (2005): 339–67. http://dx.doi.org/10.1111/j.0735-2751.2005.00258.x.
Testo completoAbstract (sommario):
The widespread embrace of imperial terminology across the political spectrum during the past three years has not led to an increased level of conceptual or theoretical clarity around the word “empire.” There is also disagreement about whether the United States is itself an empire, and if so, what sort of empire it is; the determinants of its geopolitical stance; and the effects of “empire as a way of life” on the “metropole.” Using the United States and Germany in the past 200 years as empirical cases, this article proposes a set of historically embedded categories for distinguishing among different types of imperial practice. The central distinction contrasts territorial and nonterritorial types of modern empire, that is, colonialism versus imperialism. Against world-system theory, territorial and nonterritorial approaches have not typi-cally appeared in pure form but have been mixed together both in time and in the repertoire of individual metropolitan states. After developing these categories the second part of the article explores empire's determinants and its effects, again focusing on the German and U.S. cases but with forays into Portuguese and British imperialism. Supporters of overseas empire often couch their arguments in economic or strategic terms, and social theorists have followed suit in accepting these expressed motives as the “taproot of imperialism” (J. A. Hobson). But other factors have played an equally important role in shaping imperial practices, even pushing in directions that are economically and geopolitically counterproductive for the imperial power. Postcolonial theorists have rightly empha-sized the cultural and psychic processes at work in empire but have tended to ignore empire's effects on practices of economy and its regulation. Current U.S. imperialism abroad may not be a danger to capitalism per se or to America's overall political power, but it is threatening and remaking the domestic post-Fordist mode of social regulation.
40
Jones, Eric, Thomas Keranen, Kasim Korkmaz, and Raed Jarrah. "A Case Study for Overcoming Obstacles During Planning and Construction Phases: MOX Fuel Fabrication Facility." International Journal of Civil Engineering, Construction and Estate Management 10, no. 3 (2022): 32–48. http://dx.doi.org/10.37745/ijcecem.14/vol10n33248.
Testo completoAbstract (sommario):
The decision to construct the MOX Fuel Fabrication Facility in Aiken County, South Carolina, was largely a result of the Plutonium Management and Disposition Agreement between the United States and the Russian Federation, signed in September of 2000. However, the construction of the MOX Fuel Fabrication Facility has proven to be a more complex endeavor than many of the project planners had initially anticipated. To date, the project has yet to be completed, and in February 2019, the National Nuclear Security Administration issued a contract termination notice for the project. Currently, the United States Department of Energy is looking into what it refers to as the dilute and dispose approach to dealing with the nation’s aging stockpile of weapons-grade nuclear material. The present research aims to explore solutions for overcoming the failures that occurred during the planning and construction phases of the MOX Fuel Fabrication Facility. The paper proposes that the adoption of Integrated Project Delivery (IPD) and Public-Private Partnership (PPP) might provide solutions for such cases. This study is supported by a review of relevant literature examining the effects of implementing both IPD and PPP. The results of the study represent discussions and a summary of the research contribution.
41
de Brun, Suzanne, and Ray H. Elling. "Cuba and the Philippines: Contrasting Cases in World-System Analysis." International Journal of Health Services 17, no. 4 (1987): 681–701. http://dx.doi.org/10.2190/r7hk-hkcq-2pad-hqn2.
Testo completoAbstract (sommario):
Cuba and the Philippines are countries with broad similarities in historical background yet sharp divergences in political economic developments and relations to the capitalist world-system in recent times. U.S. economic and political interests dominated both countries during the first half of the 20th century. The changes generated by the Cuban revolution resulted in the end of U.S. power in Cuba in 1959. The Philippines, however, remain profoundly dependent on the United States. The approach taken in this article contrasts these countries, asking what the results of their divergent paths are in terms of health and health services. The ability of Cuba and the Philippines to support the primary health care (PHC) approach by fostering socioeconomic justice, authentic citizen participation, and a regionalized health system is examined. It is clear that the last 25 years of socialist-oriented development in Cuba reversed the negative effects of the previous market economy by providing improved social and health services. The success of the political economy and the fully regionalized health system, supportive of the PHC approach in Cuba, is reflected in the high-level health status of the people. In contrast, poverty, gross social and economic inequities, high prevalence of infectious disease, and inaccessible, inadequate, and uncoordinated health services persist in the Philippines after some 85 years of international and national capitalist development. The poor health status of the Philippine people is a direct reflection of this underdeveloped system.
42
Schehr, Robert. "The Emperor’s New Clothes." Texas A&M Law Review 2, no. 3 (2015): 385–432. http://dx.doi.org/10.37419/lr.v2.i3.2.
Testo completoAbstract (sommario):
United States Supreme Court and jurisprudential rationalizations for the constitutionality, centrality, and finality of plea-bargaining signify intellectual dishonesty, ignorance of human behavior and decision-making, and a statesanctioned threat to personhood and liberty in the United States of America. It is the Author’s purpose to expose the imperious practice of plea-bargaining for what it is—a cynical and intellectually dishonest institutional remedy for an unwieldy judicial system that has knowingly rationalized the practice to facilitate expedient resolution of ever-increasing caseloads. In order to establish plea practice as constitutional, the Supreme Court was forced to employ a jurisprudential discourse that shifted from the due-process language found in criminal law, especially the protections afforded by the Fifth and Sixth Amendments, towards contract law where defendants personifying homo economicus are “free” to negotiate away their rights. Beginning in 1930, and again in 1970, the Supreme Court applied an entirely novel standard to the adjudication of criminal cases, and it rationalized its decision on the need for efficiency. What is at stake is nothing less than the integrity of the Constitution, the Bill of Rights, and whatever still remains of an American sense of personhood under the law. The erosion of our rights that are so intimately associated with freedom due to plea-bargaining is an unprecedented injustice that cannot continue.
43
Yan, Lei, Yuhan Zhang, Mengjie Zhang, and Upmanu Lall. "A Nonstationary Daily and Hourly Analysis of the Extreme Rainfall Frequency Considering Climate Teleconnection in Coastal Cities of the United States." Atmosphere 16, no. 1 (2025): 75. https://doi.org/10.3390/atmos16010075.
Testo completoAbstract (sommario):
The nonstationarity of extreme precipitation is now well established in the presence of climate change and low-frequency variability. Consequently, the implications for urban flooding, for which there are not long flooding records, need to be understood better. The vulnerability is especially high in coastal cities, where the flat terrain and impervious cover present an additional challenge. In this paper, we estimate the time-varying probability distributions for hourly and daily extreme precipitation using the Generalized Additive Model for Location Scale and Shape (GAMLSS), employing different climate indices, such as Atlantic Multi-Decadal Oscillation (AMO), the El Niño 3.4 SST Index (ENSO), Pacific Decadal Oscillation (PDO), the Western Hemisphere Warm Pool (WHWP) and other covariates. Applications to selected coastal cities in the USA are considered. Overall, the AMO, PDO and WHWP are the dominant factors influencing the extreme rainfall. The nonstationary model outperforms the stationary model in 92% of cases during the fitting period. However, in terms of its predictive performance over the next 5 years, the ST model achieves a higher log-likelihood in 86% of cases. The implications for the time-varying design rainfall in coastal areas are considered, whether this corresponds to a structural design or the duration of a contract for a financial instrument for risk securitization. The opportunity to use these time-varying probabilistic models for adaptive flood risk management in a coastal city context is discussed.
44
Canetto, Silvia Sara, and Janet D. Hollenshead. "Gender and Physician-Assisted Suicide: An Analysis of the Kevorkian Cases, 1990–1997." OMEGA - Journal of Death and Dying 40, no. 1 (2000): 165–208. http://dx.doi.org/10.2190/av9g-cdru-1h83-gq0x.
Testo completoAbstract (sommario):
This study examines the seventy-five suicide cases Dr. Jack Kevorkian acknowledged assisting during the period between 1990 and 1997. Although these cases represent a range of regional and occupational backgrounds, a significant majority are women. Most of these individuals had a disabling, chronic, nonterminal-stage illness. In five female cases, the medical examiner found no evidence of disease whatsoever. About half of the women were between the ages of forty-one and sixty, and another third were older adults. In contrast, men were almost as likely to be middle-aged as to be older adults. Men's conditions were somewhat less likely than women's to be chronic and nonterminal-stage. The main reasons for the hastened death mentioned by both the person and their significant others were having disabilities, being in pain, and fear of being a burden. The predominance of women among Kevorkian's assisted suicides contrasts with national trends in suicide mortality, where men are a clear majority. It is possible that individuals whose death was hastened by Kevorkian are not representative of physician-assisted suicide cases around the country, because of Kevorkian's unique approach. Alternatively, the preponderance of women among Kevorkian's assisted suicides may represent a real phenomenon. One possibility is that, in the United States, assisted suicide is particularly acceptable for women. Individual, interpersonal, social, economic, and cultural factors encouraging assisted suicide in women are examined.
45
Hondius, Ewoud H. "Unfair Contract Terms and the Consumer: ECJ Case Law, Foreign Literature, and Their Impact on Dutch Law." European Review of Private Law 24, Issue 3/4 (2016): 457–72. http://dx.doi.org/10.54648/erpl2016029.
Testo completoAbstract (sommario):
Summary: In the late twentieth century, most European states have adopted legislation on unfair contract terms. The Directive 93/13/EEC on unfair terms in consumer contracts has effectively made the European Court of Justice (ECJ) the final arbiter in interpreting much of this legislation. The present paper explores the impact which the ECJ case law and foreign legal writing has had in an individual Member State, that is, the Netherlands. Seven issues are highlighted. (i) First, especially in the United States, information requirements as to contract terms have been investigated and found wanting. Although it must be conceded that not every consumer will read the small print even when enticed by the legislature to do so, this paper submits that such requirements do have some value. (ii) Contra proferentem interpretation is one of three age-old weapons against unfair contract terms; but, unlike the common law, Dutch law has not made much use of it. (iii) Dutch law has used the overt control over the introduction into the contract and the content of standard contract terms, but the result is of little use to guide parties, attorneys, and judges. Dutch case law, unlike that in Germany, is so much attuned to the circumstances of the case that it hardly establishes useful precedents. (iv) One of the first cases on unfair contract terms decided by the ECJ, the Océano case, caused a major discussion in the Netherlands. Should the Dutch legislature step in and change the sanction of avoidance or nullification into that of considering an unfair term not binding, or should the consequences of ex officio avoidance or nullification be left to the existing statutory provisions? The Hoge Raad eventually came to terms with Océano and the following ECJ case law in Heesakkers v. Voet. (v) An issue with regard to which Dutch courts have not yet had the opportunity to tie in with the case law of the ECJ is the problem of geltungserhaltende Reduktion, rejected in the Banesto case, which is in line with German case law. Until Banesto, Dutch case law had in fact accepted the device of geltungserhaltende Reduktion. This paper strongly supports the approach applied by the ECJ and German case law. (vi) Dutch law does not extend the control of unfair contract terms to the main subject matter. This is in line with the EC Directive and the case law of the ECJ (Kásler), and it is an expression of the rejection of the iustum pretium doctrine. The Nordic experience with handling unfair contract terms, without the exception for the main subject matter, demonstrates that the exception is not necessary. (vii) Finally, with regard to enforcement, the Dutch experience shows some surprising discrepancies with that in Germany. The two models may be described as the Dutch poldermodel and the German ‘battle’ model. The final paragraph sets out the conclusion of the foregoing analysis. In dealing with unfair contract terms, a collective approach should be favoured. Indeed, the Unfair Contract Terms Directive itself directs Member States to do so. Unfortunately, this is hidden for practitioners, because their understanding of the Directive will usually be limited to the part which has been transposed into national legislation, and the national legislation usually does not include the relevant provisions of the Directive. Also, it may be argued that a collective breach needs a collective remedy. This has been illustrated by two issues concerning unfair contract terms. The first one is the validity or invalidity of exemption clauses in standard terms. A second example is the question of the (in)validity of an arbitration clause in standard building terms.
46
Safitri, Nadila, and Suherman. "Formulation of Secondary Meaning Evidence in Trademark Infringement Disputes in Indonesia (Comparative Study of the United States and Thailand)." JURNAL MERCATORIA 17, no. 2 (2024): 154–64. https://doi.org/10.31289/mercatoria.v17i2.13094.
Testo completoAbstract (sommario):
This study aims to analyze the regulation of secondary meaning and the formulation of proving secondary meaning within the trademark legal regime in Indonesia. The research employs a normative juridical method, supported by statutes, conceptual, and comparative approaches. The data used in this study consist of legal instruments such as Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the TRIPs Agreement, the US Lanham Act, and Trademark Law. The results of this study indicate that Indonesia has not yet accommodated the regulation of secondary meaning in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In practice, there is no clear standard to determine whether a descriptive mark has acquired secondary meaning, which leads to case-by-case proof. It contrasts countries such as the United States and Thailand, which are provisions for proving secondary meaning. The absence of a provision for proving secondary meaning creates a legal vacuum when trademark infringement disputes arise. Therefore, there is a need for legal reform to regulate the proof of secondary meaning in trademark cases. A formulation for proving secondary meaning could be incorporated into Article 76 of Law 20/2016, which addresses trademark cancellation, by providing an exception for trademarks that have established secondary meaning through consumer association. Alternatively, the proof of secondary meaning could be considered during the substantive examination of trademark registration.
47
Nnawulezi, Uche. "WITHOUT BORDERS: AN EXEGESIS OF HUMAN RIGHTS OF IMMIGRANT EMPLOYEES IN THE UNITED KINGDOM AND KINGDOM OF SAUDI ARABIA." Journal of Law and Border Protection 6, no. 1 (2024): 1–34. http://dx.doi.org/10.52617/jlbp.v6i1.579.
Testo completoAbstract (sommario):
The principal aim of this paper is to test how States implement international human rights law (IHRL) with respect to the security and welfare of immigrant employees in their country of residence. The paper explicates relevant IHRL shortcomings and contrasts them with rules applicable in situations of human rights abused of immigrant employees. This paper resolves three core questions that are specifically important to immigrant employees as follows: (1) who are considered immigrant employees under each law? Addressing this question permits the testing of whether States understands the status of immigrant employees under International Human Rights Treaty Laws, (2) How is the legal status of immigrant employees managed? (3) Are immigrant employees provided with adequate safeguard along with corresponding security in their place of residence? The outcome of this inquiry revealed that States seldomly apply IHRL understanding of the status of immigrant employees in discussing some of the notable short-comings that contributes to the challenges faced by immigrant employees in their place of residence. Driven fundamentally by efforts to eradicate harmful practices and human rights abuses on immigrant employees, yet immigrant employees are exposed to all manner of employment-related abuses and discrimination in their respective work place. Nonetheless, the paper analyzed cases of discriminatory practices against immigrant employees in UK along with Saudi Arabia. The paper explores what explicit legal and regulatory constraints impedes immigrant rights at his workplace. Moreover, it considers proper measures for managing and overcoming such impediments. The paper adopts analytical approach in its argument through a review of literatures, treaties and conventions. The paper concludes that the right of immigrant employees is universal, inalienable, indivisible and interdependent, regardless of where they are and of their status.
48
Sprague, Ian Flannigan. "Clarifying Limbo: Disentangling Indigenous Autonomy from the Mexican Constitutional Order." Perspectives on Federalism 8, no. 1 (2016): 36–52. http://dx.doi.org/10.1515/pof-2016-0003.
Testo completoAbstract (sommario):
Abstract In contrast to U.S. Federal Indian law, which has classified indigenous tribes as “domestic dependent nations” since the early 19th century, Mexican law has only recently begun to define the political and territorial autonomy of indigenous groups. This paper contrasts the Mexican approach to this problem to that of the United States, first describing Mexico’s 2001’s constitutional reforms and their failure to clarify the nature of tribal sovereignty. It then analyzes recent court cases that protect tribal political and territorial autonomy by applying rights to consultation contained in the International Labor Organization’s Indigenous and Tribal People’s Convention 169 (“ILO 169”) and the Mexican Constitution. It concludes by arguing that in spite of this effort by the courts, Mexican law still requires a comprehensive legislative or diplomatic resolution of the lack of clarity surrounding the political and territorial autonomy of its indigenous groups.
49
Parker, Christine W. "Practice Guidelines and Private Insurers." Journal of Law, Medicine & Ethics 23, no. 1 (1995): 57–61. http://dx.doi.org/10.1111/j.1748-720x.1995.tb01331.x.
Testo completoAbstract (sommario):
Practice guidelines are an increasingly relevant feature of health insurance. One hundred and seventy-eight million people in the United States have some form of private health insurance coverage; coverage for 150 million of them is employment-related. Traditionally, this coverage was provided by employers purchasing a group contract under which an insurance carrier provided indemnity coverage for employees—that is, the insurance company paid all usual, customary, and reasonable charges incurred by an employee for medical care, subject in some cases to an annual deductible and to a percentage of covered expenses, co-paid by the employee, for each service. In recent years, however, employers in greater numbers have switched to so-called self-insurance plans in which employees’ health care claims are paid directly by the employer (although an insurance company or other third party may be retained to administer the claim payment process).
50
Drahozal, Christopher. "The New York Convention and the American Federal System." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 1, no. 1 (2019): 37–54. http://dx.doi.org/10.52028/rbadr.v1i1.2.
Testo completoAbstract (sommario):
Virtually all American states have statutes that make arbitration agreements and awards enforceable and that set out procedures for their enforcement in state courts. A number of states, including California, Texas, and Florida, have enacted international arbitration statutes to supplement their domestic arbitration laws.2 But this extensive body of state arbitration law has had only a “marginal impact” on American arbitration practice – particularly international arbitration practice because the Federal Arbitration Act (FAA) preempts conflicting state arbitration laws, even in state court. Although we know that the FAA preempts state law, the scope of that preemptive effect is not clear. Indeed, a pair of United States Supreme Court cases have suggested a possible broader role for state law in arbitration matters. In Hall Street Associates, LLC v. Mattel Inc., the Court indicated in dicta that parties might be able to contract for expanded review under state law although the FAA does not permit them to do so.5 And in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Court suggested that the arbitrators might not have exceeded their powers in construing an arbitration clause to permit class arbitration if they had relied on a state default rule permitting class arbitration. Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) Is the New York Convention self-executing? Part II briefly sets out background information on the New York Convention and its implementation in the U.S. Part III describes three models of how an arbitration convention might be implemented: the “exclusive spheres” model, the “federal preemption” model, and the “access” model. Part IV analyzes the legal questions identified above and considers their implications for the models. Part V discusses the extent to which parties can contract out of the FAA and into state arbitration law. Finally, Part VI identifies some possible implications of this analysis and concludes.