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Twice in thirty years, the “mad scramble to the U.S. Courts for immediate attachments …” seemingly characteristic of cross-border cases prompted a legislative fix to this nation’s federal restructuring system, with territorialism giving way to progressively more pronounced...
Persistent link: https://www.econbiz.de/10014253896
In 2012 over ten million children in the United States were living without their fathers. In 2013 over 1.8 million of those children were in Texas, living in mother-only households. Children are being deprived of a needed parent. Has the United States Supreme Court’s endorsement of the...
Persistent link: https://www.econbiz.de/10014136349
This article limits its examination to three legal approaches to addressing modern-day slavery: the thirteenth Amendment, the civil component of RICO, and the VTVPA as amended in 2003, focusing on both their strengths and weaknesses. Section I examines the applicability and effectiveness of the...
Persistent link: https://www.econbiz.de/10014127470
This paper explores the extent to which the peer-to-peer (p2p) file-sharing of music is a form of communication protected from the restrictions of the Copyright, Designs and Patents Act 1988 (U.K.) (CDPA) by the guarantee of free expression enshrined in Article 10 of the European Convention on...
Persistent link: https://www.econbiz.de/10014061361
Eco-labels, certifications, and seals of approval serve a variety of functions, including communicating to businesses and consumers the environmental attributes of a particular product or the dangers that product may pose. Eco-labels have the potential to improve environmental outcomes in a...
Persistent link: https://www.econbiz.de/10014112135
This Article offers an analysis of the clean hands doctrine. The doctrine spans every conceivable controversy and effectively eliminates rights. A number of state and federal courts no longer restrict unclean hands to equitable remedies or preserve the substantive version of the defense. It has...
Persistent link: https://www.econbiz.de/10014119103
In 2006 the Delaware Supreme Court handed down a set of opinions, In re Walt Disney Co. Derivative Litigation and Stone v. Ritter, which were intended to clarify the often invoked, but rarely defined, notion of corporate good faith. In doing so, the Court introduced scienter as a key element in...
Persistent link: https://www.econbiz.de/10012712778
As the debate on a possible new second legislative chamber proceeds both in the United Kingdom (U.K.) and Canada, it is useful to note recent amendments to the German Constitution (Basic Law) affecting the federal upper house of Parliament (Bundesrat). Despite all the differences among the House...
Persistent link: https://www.econbiz.de/10014195570
The UK Cross-Border Insolvency Regulations 2006 (CBIR) permits discretionary relief in the form of applying foreign insolvency law. There is no convincing common-law objection to the application of foreign law.The ability to apply foreign law pursuant to the CBIR is consistent with Chapter 15 of...
Persistent link: https://www.econbiz.de/10013149492
Differentiated Integration (DI) has been a core issue in the debate surrounding European integration by both political and legal actors within the EU since early on in its existence. The debate has now shifted to the effect that DI will have post-Brexit, as those in favour of European...
Persistent link: https://www.econbiz.de/10013313183