Lens ID,Title,Date Published,Publication Year,Publication Type,Source Title,ISSNs,Publisher,Source Country,Author/s,Abstract,Volume,Issue Number,Start Page,End Page,Fields of Study,Keywords,MeSH Terms,Chemicals,Funding,Source URLs,External URL,PMID,DOI,Microsoft Academic ID,PMCID,Citing Patents Count,References,Citing Works Count,Is Open Access,Open Access License,Open Access Colour
000-132-134-804-536,CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES,2018-08-14,2018,journal article,Jurnal Pembaharuan Hukum,25803085; 23550481,Program Doktor Ilmu Hukum Unissula,,Andri Winjaya Laksana,"Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.",5,2,217,226,The Internet; Political science; Law; Criminal law; Cybercrime; Enforcement; Law enforcement; Criminalization,,,,,http://jurnal.unissula.ac.id/index.php/PH/article/view/3008 http://jurnal.unissula.ac.id/index.php/PH/article/download/3008/pdf https://core.ac.uk/download/270293081.pdf,http://dx.doi.org/10.26532/jph.v5i2.3008,,10.26532/jph.v5i2.3008,2885511015,,0,,0,true,cc-by,gold
000-240-799-296-167,Gone with the War? Neutral State Responsibility and the Geneva Arbitration of 1872,,1999,journal article,Leiden Journal of International Law,09221565; 14789698,Cambridge University Press (CUP),United Kingdom,Elizabeth Chadwick,"The Geneva Arbitration of 1872 was convened to settle various differences between the United States and Great Britain and, in particular, American allegations of British collusion with regard to shipbuilding for the Southern Confederacy during the American Civil War. The Arbitrators ultimately found Britain liable, and awarded $15,500,000 to the United States. This decision remains controversial to the extent that it rested on rules which were not yet accepted as principles of general international law, and which clearly favoured the case of the United States from the outset. It is thus the purpose of this article to explore the facts behind the Geneva Arbitration, and to argue that the finding of British liability in Geneva marked the beginning decline of the laws of neutrality. Neutral Countries […] may be exploited by the Great Powers both strategically and as a source of additional armies and fleets. Of central importance to the game are those Neutral Countries and provinces which are designated as “Supply Centres.” […] A player's fighting strength is directly related to the number of Supply Centres he or she controls, whilst the game is won when one player controls at least 18 Supply Centres.",12,4,787,820,Sociology; Arbitration; Law; Liability; Neutrality; Collusion; Neutral state; International law; Spanish Civil War,,,,,http://journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=207776 https://irep.ntu.ac.uk/id/eprint/2445/ https://www.cambridge.org/core/journals/leiden-journal-of-international-law/article/gone-with-the-war-neutral-state-responsibility-and-the-geneva-arbitration-of-1872/B8990EE4F3ED18D64A58AEFC1D0EC76B https://core.ac.uk/download/30626526.pdf,http://dx.doi.org/10.1017/s0922156599000400,,10.1017/s0922156599000400,2081853803,,0,,1,true,,green
000-412-426-789-258,Legal and Economic Aspects of Competition,,1960,journal article,Duke Law Journal,00127086,JSTOR,United States,Mark S. Massel,,1960,2,157,,,,,,,https://core.ac.uk/download/62552492.pdf,http://dx.doi.org/10.2307/1370969,,10.2307/1370969,,,0,,1,true,,green
000-415-408-709-14X,Developing countries and copyright in the information age - the functional equivalent implementation of the WCT,2017-07-10,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Tana Pistorius,Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT) and the enforcement of technological protection measures have led to disparate forms of copyright protection for digital and analogue media. The balance between authors’ rights and the right of the public to access copyright works has been distorted. Copyright law is playing an ever-increasing crucial role in the Information Society. Developing countries are especially disadvantaged by diminished access to works. In this article it is argued that adherence to the principle of functional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda.,9,2,148,175,Political science; Law and economics; Law; Balance (accounting); WIPO Copyright Treaty; Information society; Enforcement; Disadvantaged; Copyright law; Public administration; Developing country; Information Age,,,,,https://www.researchgate.net/profile/Tana_Pistorius/publication/26604583_Developing_Countries_and_Copyright_in_the_Information_Age_-_The_Functional_Equivalent_Implementation_of_the_WCT/links/5472df7c0cf2d67fc035cf55.pdf?inViewer=true&pdfJsDownload=true&disableCoverPage=true&origin=publication_detail https://www.ajol.info/index.php/pelj/article/view/43448 https://perjournal.co.za/article/download/2820/2798 http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issues/2006_2__Pistorius_art.pdf https://www.ajol.info/index.php/pelj/article/download/43448/26983 https://perjournal.co.za/article/view/2820 https://journals.assaf.org.za/per/article/download/2820/2798 https://doaj.org/article/730eb0e88c4742f49d4a45f256b20d51 https://journals.assaf.org.za/per/article/view/2820 https://repository.nwu.ac.za:443/handle/10394/1738 https://core.ac.uk/download/pdf/231093906.pdf,http://dx.doi.org/10.17159/1727-3781/2006/v9i2a2820,,10.17159/1727-3781/2006/v9i2a2820,2002085058,,0,008-334-041-104-182; 026-561-491-531-934; 060-810-883-540-538; 105-517-677-823-228; 117-303-868-104-180; 129-346-776-374-154; 133-276-265-963-84X; 156-885-849-732-840; 194-896-664-508-596,1,true,cc-by,gold
000-450-731-032-582,Kickstarting Reconnection: An Approach to Legal Problems Arising from Emerging Technologies,2018-02-23,2018,journal article,Deakin Law Review,18359264; 13213660,Deakin University,,Kayleen Manwaring,"A new model, or ‘third wave’, of computing is emerging, based on the widespread use of processors with data handling and communications capabilities embedded in a variety of objects and environments that were not previously computerised. Various terms have been used to describe this third wave, including ‘ubiquitous’ and ‘pervasive’ computing, ‘ambient intelligence’, the ‘Internet of Things’ and ‘eObjects’. With the socio-technical change brought about by this third wave comes the possibility of a disconnection between the law and the new things, activities, and relationships enabled by this new model of computing. This disconnection may lead to legal problems of uncertainty, under- or over-inclusiveness of conduct in existing law, obsolescence, or the complete absence of laws regulating new behaviour. Early and rigorous identification and categorisation of legal problems is crucial for emerging technologies, to assist in avoiding two problems: the first being the stifling of beneficial innovation by over-regulation, the second the cementing of socially undesirable outcomes when vested interests are left too long unchecked. Although the technologies in the third wave are diverse, common attributes can be identified, and from examination of these attributes significant innovations are revealed. This paper examines these innovations to assist in identifying legal problems arising from the third wave.",22,1,53,84,Variety (cybernetics); Group method of data handling; Law; Ambient intelligence; Emerging technologies; Data science; Lead (geology); Disconnection; Obsolescence; Computer science; Identification (information),,,,,https://ojs.deakin.edu.au/index.php/dlr/article/view/722 https://ojs.deakin.edu.au/index.php/dlr/article/download/722/667 https://core.ac.uk/download/229688988.pdf,http://dx.doi.org/10.21153/dlr2017vol22no1art722,,10.21153/dlr2017vol22no1art722,3124504320,,0,,1,true,,gold
000-509-135-315-731,ROLLING CONTRACT FORMATION AND THE U.C.C.’S APPROACH TO EMERGING COMMERCIAL PRACTICES,2012-06-04,2012,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Andrew Vogeler,"In the years since the rolling contract formation theory developed, there has been a notable dissonance between the quiet acceptance of the theory by courts in numerous jurisdictions and the frequent and often severe criticism it receives from legal commentators. Scholars are often dismissive of the commercial efficiency rationales courts have applied in adopting the theory; viewing such rationales as an imbalanced judicial give-away to corporations at the expense of consumers. However, they tend to focus on the view that 2",30,2,,,Political science; Law and economics; Focus (computing); Commerce; Cognitive dissonance; Criticism,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/8/8 https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/8 http://d-scholarship.pitt.edu/22277/ https://core.ac.uk/download/33560756.pdf,http://dx.doi.org/10.5195/jlc.2012.8,,10.5195/jlc.2012.8,2035582927,,0,,0,true,,green
000-653-749-707-226,MORE LAW - LESS ORDERLINESS,2012-11-16,2012,journal article,The Denning Law Journal,02691922,University of Buckingham Press,,Andrew Durand,"To persuade the electors of New York to ratify the new Constitution of the United States giving Congress power to legislate directly over citizens of the United States rather than the alternative of giving Congress the power to coerce States to pass federal legislation, Madison advanced this dreadful theory. Whether a sovereignty over sovereigns is an appropriate description of the European Union, and, whether it has been subversive of the order and ends of civil polity, will be explored. Although it was certainly designed as a step on the path towards some still undefined political union which would be capable of managing a foreign policy, the European Community Treaties were not constructed as a Constitution, let alone as a federal constitution, but rather as a number of sophisticated procedures to enable sovereign states to work together, in some defined cases, as a League of States and, in still narrower circumstances, produce joint decisions. The development of some form of largely unwritten Constitution on the basis of the original treaty structure, together with the Maastricht changes, in part by the European Court and in part by conventional acquiescence of a majority of the",11,1,1,22,Sovereign state; Political science; Sovereignty; Law; Constitution; Legislation; Treaty; Political union; Polity; European union,,,,,http://ubplj.org/index.php/dlj/article/view/256/284 http://www.bjll.org/index.php/dlj/article/view/256 http://www.bjll.org/index.php/dlj/article/view/256/284 http://ubplj.org/index.php/dlj/article/view/256 https://core.ac.uk/download/pdf/235244164.pdf,http://dx.doi.org/10.5750/dlj.v11i1.256,,10.5750/dlj.v11i1.256,1550313395,,0,,0,true,cc-by-nc,gold
000-673-925-958-170,Foreign (Non-US) Taxes On Internet Transactions,2011-02-25,2011,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Robert M. Kozub,"In most discussions of Internet taxation in the United States focus is on sales and use taxation of e-commerce. While such taxes are an important component of the taxing regime on e-commerce, it would be myopic to consider only US taxes as the only tax on Internet transactions. This paper discusses the most important foreign tax on e-commerce is the Value Added Tax (VAT), since a large number of foreign countries impose the VAT.",2,2,,,Economic policy; Value-added tax; Business; Tax deferral; Direct tax; Double taxation; Tax avoidance; Tax reform; Ad valorem tax; Monetary economics; International taxation,,,,,http://www.cluteinstitute.com/ojs/index.php/IBER/article/view/3760/3803 https://core.ac.uk/download/pdf/268107175.pdf,http://dx.doi.org/10.19030/iber.v2i2.3760,,10.19030/iber.v2i2.3760,2178427121,,0,,0,true,,bronze
000-839-057-007-929,The National Credit Act Regarding Suretyships and Reckless Lending,2017-06-06,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Philip N. Stoop; Michelle Kelly-Louw,"In terms of the National Credit Act a credit provider may conclude a credit agreement with a consumer only after he has made a proper financial assessment and concludes that the consumer will be able to satisfy all of his obligations under all his credit agreements. However, a practice of not conducting this affordability assessment has evolved amongst certain credit providers where the credit agreement involved is a suretyship agreement. This article investigates whether or not a suretyship agreement is indeed a credit agreement in terms of the National Credit Act , and if a financial assessment should be conducted in the case of a suretyship agreement. The main aim of the article is to try to identify what the concept of a “credit guarantee”, as defined in the Act, encompasses and ultimately if the common-law contract of suretyship falls under this definition. Our conclusion is that “credit guarantee” is as vague and problematic as many of the other definitions in the Act. If one reads the Act in its entirety (including the regulations to the Act), it seems unlikely that the legislature intended not to regulate common-law suretyships also.",14,2,66,96,Surety; Accounting; Economics; Corporate security; Law; Stakeholder; Corporate law; Financial assessment; Corporate governance; Corporate crime; Legislature,,,,,http://www.saflii.org.za/za/journals/PER/2011/11.pdf https://journals.assaf.org.za/per/article/download/2559/2298 http://www.scielo.org.za/pdf/pelj/v14n2/v14n2a04.pdf https://journals.assaf.org.za/per/article/view/2559 http://dspace.nwu.ac.za/handle/10394/4659?show=full http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812011000200004 https://perjournal.co.za/article/view/2559 https://www.ajol.info/index.php/pelj/article/download/67214/55315 https://perjournal.co.za/article/download/2559/2298 https://www.ajol.info/index.php/pelj/article/view/67214 https://www.scienceopen.com/document?vid=910b6911-fe86-4232-a7c5-eedc892bc3a3 https://repository.nwu.ac.za:443/handle/10394/4659 https://core.ac.uk/download/pdf/231092913.pdf,http://dx.doi.org/10.17159/1727-3781/2011/v14i2a2559,,10.17159/1727-3781/2011/v14i2a2559,2063368066,,0,030-081-407-402-382; 072-472-303-266-461; 091-687-257-868-468; 136-473-513-954-953; 142-600-942-038-714; 145-453-547-504-174; 177-256-390-575-764; 179-026-048-936-957; 179-136-889-272-128; 193-758-403-722-023,3,true,cc-by,gold
001-342-561-447-926,Law-Finance-Growth Nexus in the Context of Africa,2018-06-26,2018,journal article,Law and Development Review,21946523; 19433867,Walter de Gruyter GmbH,Germany,Flora Huang; Horace Yeung,"This article seeks to put the law–finance–growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by a number of other former British colonies such as Nigeria and Zimbabwe. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this article seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries. On the one hand, the article will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries.",11,2,513,555,English units; Nexus (standard); Political science; Market capitalization; Law; Stock exchange; Context (language use); Stock market,,,,,https://econpapers.repec.org/RePEc:bpj:lawdev:v:11:y:2018:i:2:p:513-555:n:10 https://derby.openrepository.com/handle/10545/624570 https://ideas.repec.org/a/bpj/lawdev/v11y2018i2p513-555n10.html https://www.degruyter.com/view/j/ldr.2018.11.issue-2/ldr-2018-0028/ldr-2018-0028.xml http://repository.essex.ac.uk/21948/ https://core.ac.uk/download/161257011.pdf,http://dx.doi.org/10.1515/ldr-2018-0028,,10.1515/ldr-2018-0028,2785442877,,0,000-128-815-893-165; 000-521-270-170-725; 001-154-949-380-520; 001-235-218-642-042; 005-673-063-870-547; 008-893-037-828-648; 009-571-076-677-55X; 010-563-040-146-744; 011-164-614-128-392; 012-469-731-118-285; 014-257-791-156-812; 015-414-879-361-880; 018-075-278-238-815; 019-737-089-028-663; 019-780-652-417-814; 020-796-027-213-64X; 025-505-139-188-003; 027-324-840-444-183; 028-760-613-110-981; 032-760-930-803-882; 034-787-916-481-998; 036-159-702-886-637; 041-528-508-470-576; 041-750-208-615-814; 045-578-946-379-167; 047-570-228-474-510; 051-223-450-457-613; 054-260-384-126-569; 056-678-670-376-770; 056-960-081-300-523; 058-164-904-020-158; 058-261-791-670-30X; 059-280-166-411-505; 060-881-017-927-267; 064-240-927-783-78X; 064-391-639-889-473; 066-665-107-294-450; 066-720-071-877-88X; 069-647-253-101-776; 071-382-475-505-064; 071-737-539-334-023; 078-363-629-500-292; 079-877-967-594-740; 085-512-701-035-445; 086-961-501-296-325; 087-251-686-880-316; 096-058-623-212-523; 102-150-468-614-529; 103-588-209-141-387; 106-905-574-347-039; 115-531-579-822-030; 125-249-588-022-75X; 127-396-485-243-755; 136-829-927-859-029; 137-155-177-223-23X; 139-452-288-962-549; 145-112-256-804-251; 150-617-363-302-286; 162-162-521-190-572; 165-104-010-824-039; 165-764-641-771-598; 168-312-165-860-689; 176-872-674-918-434; 197-061-584-429-488,1,true,,green
001-345-205-019-400,PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT,,2015,journal article,Jurnal Media Hukum,08548919; 25031023,Universitas Muhammadiyah Yogyakarta,,Siti Anisah,"Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.",22,2,17,,Political science; Law; State (polity); Competition law; Enforcement; Boycott; Law enforcement; Competition (economics),,,,,https://journal.umy.ac.id/index.php/jmh/article/view/1326/1373 https://journal.umy.ac.id/index.php/jmh/article/download/1326/1373 https://media.neliti.com/media/publications/115181-ID-pengaturan-dan-penegakan-hukum-pemboikot.pdf,http://dx.doi.org/10.18196/jmh.2015.0054.173-189,,10.18196/jmh.2015.0054.173-189,2411180105,,0,024-496-719-601-417; 035-341-542-795-270; 048-060-709-441-61X; 077-509-018-804-476; 081-689-147-667-899; 085-264-936-179-320; 108-024-452-345-505; 138-753-902-176-680; 163-350-859-969-078; 167-251-354-002-269; 186-664-348-824-033,0,true,cc-by-nc,gold
001-399-362-324-816,Privacy-deprived e-commerce: the efficacy of consumer privacy policies on China's e-commerce websites from a legal perspective,2020-08-20,2020,journal article,Information Technology & People,09593845,Emerald,United Kingdom,Ruilin Zhu; Aashish Srivastava; Juliana Sutanto,"Despite grave public concerns over information privacy and ongoing academic explorations of privacy policy, there is a general lack of understanding toward this issue in the legal context in China, the largest e-commerce market in the world. Departing from the extant literature of general discussion in nature, the authors undertook an exploratory study on the efficacy of e-commerce websites' privacy policies in China from the legal perspective.,The authors drew on a qualitative grounded theory approach to identify selective codes relating to the focal issue and established a theoretical framework therefrom. The authors then conducted theoretical integration by linking them to the Theory of Development Blocks and the System Justification Theory.,The research identifies a general distrust of Chinese consumers toward privacy policies and highlights that despite their growing concerns about privacy, the privacy policies are largely ineffective in reflecting legal enforcement, changing their perceptions or influencing purchase behaviors. It also reveals that the current Chinese legislation is unable to fully render consumers' confidence in e-commerce websites' privacy policies effectiveness and privacy protection due to its limited recognition and influences among them.,The research has multiple ramifications. The authors empirically confirmed a mismatch between customers' perception of privacy policies and their actual behaviors and then theoretically explained the seemingly conflicting scenario in the context of development block of legal enforcement and system justification. The authors theorized the absence of the legal enforcement in privacy policies to supplement the legal perspective to the literature. The research further leads us to suggest that the time has come to update and strongly enforce privacy regulation in China to fuel the further development of e-commerce sector in practice.",33,6,1601,1626,Privacy policy; Internet privacy; Information privacy; Business; Chinese law; Distrust; Consumer privacy; Enforcement; E-commerce; Exploratory research,,,,,https://www.emerald.com/insight/content/doi/10.1108/ITP-03-2019-0117/full/html https://dblp.uni-trier.de/db/journals/itp/itp33.html#ZhuSS20 https://eprints.lancs.ac.uk/id/eprint/147195/ https://research.monash.edu/en/publications/privacy-deprived-e-commerce-the-efficacy-of-consumer-privacy-poli,http://dx.doi.org/10.1108/itp-03-2019-0117,,10.1108/itp-03-2019-0117,3047322233,,0,000-458-185-072-03X; 003-881-480-155-003; 007-100-829-762-449; 008-251-411-236-796; 009-214-233-407-399; 015-807-040-102-696; 017-696-494-854-52X; 027-831-174-016-537; 029-888-897-886-851; 032-216-412-725-440; 033-029-111-214-690; 038-041-516-290-599; 038-464-518-141-911; 039-394-787-020-259; 039-838-301-408-419; 040-072-998-295-707; 041-920-755-322-93X; 041-977-897-045-306; 046-198-865-911-547; 046-745-648-244-549; 047-785-191-769-320; 050-487-419-966-877; 054-931-944-748-708; 058-052-911-291-195; 061-740-509-480-921; 068-833-488-459-388; 069-681-413-924-261; 074-113-968-454-887; 080-658-420-811-76X; 083-456-646-384-477; 085-355-378-211-800; 086-417-908-071-460; 090-848-130-157-923; 091-222-383-370-986; 091-954-013-787-526; 099-756-188-492-475; 104-061-567-225-623; 111-507-785-664-381; 113-208-511-429-504; 113-722-754-419-628; 115-272-268-950-162; 115-704-620-679-137; 126-478-389-444-285; 140-771-508-745-217; 142-168-645-842-079; 144-328-967-805-732; 144-802-720-443-480; 158-741-405-483-839; 169-249-231-940-597; 187-371-796-398-258,9,true,,green
001-536-212-627-828,"Mistaken Identity, Identity Theft and Problems of Remote Authentication in e-commerce",,2012,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Eliza Mik,"Abstract The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity and exposes flaws in popular legal arguments on the subject. Problems of mistaken identity must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence of identity theft and the greater difficulty of authenticating the other transacting party. The trend to preserve the privacy of Internet users indirectly clashes with efforts to ensure transactional security in e-commerce. An indispensable prerequisite of the latter is the ability to identify the other party to the contract. The problem of mistaken identity is not new – but it assumes a different scale in e-commerce transactions.",28,4,396,402,Internet privacy; The Internet; Digital signature; Business; Authentication; Network security; Subject (philosophy); Identity (philosophy); Identity theft; E-commerce,,,,,https://works.bepress.com/elizamik/22/ https://ink.library.smu.edu.sg/sol_research/1148/ https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3100&context=sol_research https://dblp.uni-trier.de/db/journals/clsr/clsr28.html#Mik12 https://works.bepress.com/elizamik/22/download/ https://www.sciencedirect.com/science/article/abs/pii/S0267364912000611 https://core.ac.uk/download/13245524.pdf,http://dx.doi.org/10.1016/j.clsr.2012.03.009,,10.1016/j.clsr.2012.03.009,3124085583,,0,,8,true,cc-by-nc-nd,green
001-629-272-641-296,"Yet another call for a greater role for good faith in the South African law of contract: can we banish the law of the jungle, while avoiding the elephant in the room?",2017-05-17,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Andre M. Louw,"This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how arguments based on good faith have fared in the Constitutional Court to date, and the prospects for law reform to emanate from that court in the near future. The author suggests an understanding of good faith which he believes is in line with the Constitution of the Republic of South Africa, 1996 and argues that in terms of such an understanding of a robust good faith doctrine the legal fraternity or the courts can avoid some of the dangers that the judges of the Supreme Court of Appeal have warned about in this context in recent years. The author shares some concluding thoughts on the pressing need for law reform with respect to the role and presence of good faith in contracts.",16,5,43,120,Precedent; Sociology; Law; Constitution; Doctrine; Law reform; Supreme court; Appeal; Constitutional court; Fair dealing,,,,,http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812013000500003 https://repository.nwu.ac.za:443/handle/10394/10231 https://journals.assaf.org.za/per/article/view/2431 https://dspace.nwu.ac.za/handle/10394/10231?show=full http://www.scielo.org.za/pdf/pelj/v16n5/03.pdf https://perjournal.co.za/article/view/2431 https://www.ajol.info/index.php/pelj/article/view/101884 https://cyberleninka.org/article/n/150192 https://www.scienceopen.com/document?vid=d985e77c-46c6-43fa-9de1-a4c264d40578 https://www.ajol.info/index.php/pelj/article/view/101884/91933 https://journals.co.za/content/perblad/16/5/EJC150038 https://core.ac.uk/download/pdf/231092345.pdf,http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2431,,10.17159/1727-3781/2013/v16i5a2431,2164334425,,0,001-538-270-482-152; 002-482-388-131-899; 005-820-377-970-716; 015-258-966-507-794; 015-542-861-071-240; 017-538-077-708-333; 018-812-310-409-977; 018-969-724-607-645; 035-071-863-438-138; 042-855-771-277-815; 044-694-888-997-080; 051-433-424-178-27X; 052-997-073-259-616; 055-894-149-148-806; 060-937-714-892-370; 061-854-397-240-207; 069-135-948-910-941; 084-796-680-865-183; 085-304-630-825-485; 088-038-149-822-35X; 092-771-232-847-36X; 100-767-382-538-470; 104-610-918-090-740; 106-197-887-141-918; 113-847-870-975-444; 114-314-766-005-856; 118-672-583-752-053; 132-544-221-775-953; 137-625-948-668-688; 141-452-286-295-748; 142-266-567-829-942; 145-198-759-127-15X; 148-424-302-678-682; 151-028-113-222-532; 157-793-167-076-979; 157-959-995-762-699; 176-523-760-110-276; 178-295-764-469-770; 183-969-846-781-783; 186-366-807-519-500,0,true,cc-by,gold
001-745-003-062-120,The Railroads and Human Safety,1911-05-13,1911,journal article,Journal of the American Medical Association,00029955,American Medical Association (AMA),,Charles E. Kern,"To the Editor: —InThe Journal, April 15, 1911, p. 1113, after citing the list of accidents shown by the accident bulletin of the Interstate Commerce Commission for July, August and September, 1910, you refer to ""the deliberate, cynical disregard of human safety which foreign observers are prone to consider an American characteristic,"" and say: ""When the people are awakened to the possibilities and the necessities of the whole situation, there will be a change."" I beg to call your attention to the Act of Congress, passed April 14, 1910, prescribing the kind and location of safety appliances on all cars engaged in interstate commerce, which, as testified in hearings before the Interstate Commerce Commission, will involve expense on the railroads of $55,000,000. When the commission held hearings preliminary to determining what regulations should be enforced under this law, the railroads offered no objection to the essential features of plans",LVI,19,1410,1411,Law; Commission; Accident (philosophy); Human safety; Medicine,,,,,https://jamanetwork.com/journals/jama/fullarticle/438490 https://jama.jamanetwork.com/article.aspx?articleid=438490,http://dx.doi.org/10.1001/jama.1911.02560190038019,,10.1001/jama.1911.02560190038019,2062262952,,0,,0,true,cc0,green
001-872-157-279-084,Lost in Cyberspace: Navigating the Legal Issues of E-Commerce,2012-01-01,2012,journal article,Journal of Electronic Commerce in Organizations,15392937; 15392929,IGI Global,United States,Daniel S. Hoops,"Daily business transactions are effected by many aspects of the law, many unknowingly. When transactions occur in an e-commerce environment, merchants, consumers, and B2B should be concerned with protecting their interests when many of the parties involved are known only by a screen name, email address or website. Parties engaged in transactions through the Internet should be mindful that the same issues that arise in a brick and mortar environment exist in cyberspace; but protecting and enforcing the various rights a person may have in cyberspace is a different ballgame. In addition to the practical concerns of global and cyber commerce, many of business issues and practices are relatively untested in both the legislative and judicial branches of government. This article is a summary of the legal issues that can arise in the e-commerce.",10,1,33,51,The Internet; Business; National Strategy to Secure Cyberspace; Email address; Cybercrime; Brick and mortar; Cyberspace; Public relations; Legal aspects of computing; E-commerce,,,,,https://www.igi-global.com/article/lost-cyberspace-navigating-legal-issues/69157 https://econpapers.repec.org/RePEc:igg:jeco00:v:10:y:2012:i:1:p:33-51,http://dx.doi.org/10.4018/jeco.2012010103,,10.4018/jeco.2012010103,2020953472,,0,008-293-132-825-585; 020-150-154-815-958; 053-234-409-566-187; 074-095-256-585-698; 104-745-378-299-508; 123-278-417-768-813; 125-196-146-041-754; 141-530-334-403-880,1,false,,
002-093-271-712-543,The Lindbergh Law,,1934,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,null Bomar; L Horace,,1,4,435,444,Political science; Law,,,,,https://core.ac.uk/display/62558891 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1726&context=lcp https://scholarship.law.duke.edu/lcp/vol1/iss4/5/ https://core.ac.uk/download/62558891.pdf,http://dx.doi.org/10.2307/1189659,,10.2307/1189659,153312414,,0,,4,true,,
002-360-136-508-13X,"Taxation and the Supreme Court, 1937 Term",,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Charles L. B. Lowndes,,87,1,1,,Court of equity; Law of the case; Political science; Law; Supreme court; Certiorari; Remand (court procedure); Original jurisdiction,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol87/iss1/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9001&context=penn_law_review https://core.ac.uk/download/151690268.pdf,http://dx.doi.org/10.2307/3309032,,10.2307/3309032,836248698,,0,,0,true,,green
002-743-406-403-660,The War in the Orient in the Light of International Law: Part II,,1905,journal article,The American Law Register (1898-1907),15583562,JSTOR,,Theodore J. Grayson,,53,12,738,,Political science; Orient; Law; International law; Spanish Civil War,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol53/iss12/2/ https://core.ac.uk/display/151688849 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6628&context=penn_law_review https://core.ac.uk/download/151688849.pdf,http://dx.doi.org/10.2307/3307024,,10.2307/3307024,827960450,,0,,0,true,,green
002-816-372-007-487,Jurisdiction and Merits,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Howard M. Wasserman,"Federal courts frequently make the mistake of treating factual elements of federal causes of action as going to the jurisdiction of the federal court; courts hold that the failure to prove some element requires dismissal of the civil action for lack of subject matter jurisdiction, rather than for failure to state a claim. This arises most frequently as to elements in three federal causes of action: the quantum-of-employees element in employment discrimination claims, the ""affecting commerce"" element under the Sherman Act, and the state action requirement in constitutional actions. Characterizing a factual issue as going to jurisdiction (the power or authority of a court to hear and resolve the dispute between the parties) or substantive merits of the cause of action (going to who should win the case and why) affects the time and manner in which that issue is adjudicated and resolved within the litigation process. It also implicates the basic positivist imperative of treating distinct legal conceptions in a distinct manner. The solution is a plain-language, positive-law approach to the separation of jurisdiction and merits. A court determines its subject matter jurisdiction by examining the language of the jurisdiction-granting statute, the statute enacted pursuant to Congress' structural power and empowering the court to hear and resolve civil actions. All other facts that may come into play in the case are relevant solely to the underlying substantive cause of action and to whether the plaintiff has established a violation of rights entitling her to relief. These facts, if disputed, await resolution at full trial on the merits.",,,,,Sociology; Subject-matter jurisdiction; Law; Cause of action; Jurisdiction; Employment discrimination; Civil procedure; Intervention (law); Original jurisdiction; Plaintiff,,,,,https://www.ssrn.com/abstract=782847 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID782847_code283130.pdf?abstractid=782847 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=680565 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID782847_code283130.pdf?abstractid=782847&mirid=2 https://core.ac.uk/display/146885193 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=782847 https://core.ac.uk/download/146885193.pdf,http://dx.doi.org/10.2139/ssrn.680565,,10.2139/ssrn.680565,1919194949,,0,031-777-225-838-689; 068-357-908-572-527; 072-981-792-749-522; 075-631-416-892-113; 076-259-675-626-379; 110-264-393-226-577; 130-986-812-536-183; 137-857-216-631-399; 172-765-515-500-373; 175-458-903-609-994,2,true,,
002-864-285-541-522,Reasonable Patent Exhaustion,,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Herbert J. Hovenkamp,"A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended when the Supreme Court held that the sale of a patented article exhausts the patentee seller’s rights to enforce restrictions on that article through patent infringement suits. Further, reversing the Federal Circuit, the parties cannot bargain around this rule through the seller’s specification of conditions stated at the time of sale, no matter how clear. No inquiry need be made into the patentee’s market power, anticompetitive effects, or other types of harms, whether enforcement of the condition is socially costly or valuable, or has a positive or negative impact on innovation. None of this is relevant.Lexmark was attempting to use patent law to impose a variable proportion tie – in this case, a requirement that users of its printers also use its own original equipment toner cartridges. The general although not unanimous consensus is that such arrangements are economically beneficial, and largely everyone agrees that they are beneficial when the seller lacks market power, as Lexmark did in this case.Impression Products reveals an economic deficiency that manifests all too frequently when patent law is brought to bear on market practices. Economic concepts such as market power or output effects which are commonly used in antitrust law are virtually unknown in patent law. This fact has inclined the courts to go to wild extremes – such as equating every patent with monopoly, or concluding that a patent is a mere property right and that anything done within the scope of the patent should therefore be permissible. The result, as in this case, can be draconian rules that are indifferent to effects on innovation, competition, economic efficiency, or any other measure seems relevant to innovation policy.One thing the Supreme Court did not discuss is the Patent Misuse Reform Act, which provides that no patent owner shall be denied relief in an infringement action because it “conditioned … the sale of the patented product on the … purchase of a separate product …, unless … the patent owner has market power….” That language clearly creates an exception to the exhaustion rule for tying arrangements where the defendant lacks market power. This paper considers whether the Supreme Court was correct to ignore that statute.The exhaustion rule also produces odd result of giving patentees an incentive to argue that components that they sell do not embody their own patents. If the product is not covered by a patent, then it is not exhausted. At this writing the issue is being litigated in the Apple v. Qualcomm dispute over Qualcomm’s post-sale restrictions on telecommunications components.The Supreme Court based its patent exhaustion holding on concerns about restraints on alienation, which it presented as rooted in the common law. But the common law’s rules on restraints on alienation are much more complex than the Supreme Court acknowledged. The common law typically upheld restraints that were limited in time, and restraints enforced by patent infringement actions are by definition limited by the life of the patent.This paper concludes by arguing that the Supreme Court would have been wise to develop a more nuanced exhaustion rule that examined actual effects likely to result from a particular restraint",,,,,Precedent; Patent troll; Political science; Law and economics; Law; Competition (economics); Restraint on alienation,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3202327_code711466.pdf?abstractid=2995751&type=2 https://core.ac.uk/download/151696228.pdf,http://dx.doi.org/10.2139/ssrn.2995751,,10.2139/ssrn.2995751,2733045047,,0,020-642-705-593-791; 044-829-451-345-86X; 055-317-335-231-750; 100-142-325-085-874,0,true,cc0,green
002-960-221-302-231,The Federal Anti-Trust Act of 1890,,1914,journal article,University of Pennsylvania Law Review and American Law Register,07499833; 19428545,JSTOR,,Roland R. Foulke,,62,3,161,161,Business,,,,,https://core.ac.uk/download/151689320.pdf,http://dx.doi.org/10.2307/3313611,,10.2307/3313611,,,0,,0,true,,
002-976-040-359-50X,Legal Institutionalism: Capitalism and the Constitutive Role of Law,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Simon Deakin; David Gindis; Geoffrey M. Hodgson; Huang Kai-nan; Katharina Pistor,"Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies.",,,,,Comparative law; Philosophy of law; Economics; Public law; Law; Legal history; Capitalism; Private law; Property rights; Municipal law,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601035 https://core.ac.uk/display/131205760 https://www.ssrn.com/abstract=2601035 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=2601035 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2601035_code1562417.pdf?abstractid=2601035&mirid=1 https://core.ac.uk/download/pdf/77412282.pdf,http://dx.doi.org/10.2139/ssrn.2601035,,10.2139/ssrn.2601035,401144556,,0,000-436-274-617-356; 000-628-788-824-914; 000-742-487-988-420; 001-026-280-479-265; 001-679-870-992-577; 002-476-672-413-294; 004-789-845-882-145; 005-620-624-540-400; 006-452-769-301-407; 007-476-658-028-762; 008-185-467-423-213; 010-571-200-076-686; 012-357-950-152-321; 012-914-276-552-751; 017-751-589-115-788; 018-497-027-599-448; 019-565-297-076-039; 019-940-664-769-382; 021-089-353-426-636; 021-605-862-553-404; 023-463-625-410-858; 024-306-824-504-897; 024-926-046-591-126; 025-491-073-081-187; 025-700-112-175-943; 027-172-905-389-489; 027-476-935-174-14X; 027-711-483-176-976; 030-289-951-958-715; 030-950-051-411-430; 031-681-097-032-296; 032-038-325-714-293; 032-348-763-080-773; 033-580-611-548-966; 033-957-777-933-394; 036-159-702-886-637; 036-301-931-352-801; 037-565-068-186-907; 037-740-175-914-290; 038-453-567-583-704; 038-494-386-002-529; 040-166-221-962-846; 041-873-096-823-87X; 042-096-457-093-327; 043-499-687-260-656; 043-780-833-661-170; 044-130-151-597-214; 044-994-705-602-31X; 045-449-454-637-165; 046-304-394-787-08X; 048-449-251-079-406; 051-647-247-053-946; 053-403-667-530-915; 054-184-344-975-556; 054-358-989-773-916; 054-485-256-109-059; 054-921-652-475-593; 055-297-961-838-36X; 056-262-645-886-809; 057-639-004-839-176; 057-804-566-665-311; 058-734-038-737-727; 058-932-585-537-772; 059-692-071-206-649; 062-650-963-838-329; 064-954-213-796-372; 065-147-989-141-993; 065-510-398-833-588; 065-528-230-358-678; 065-969-095-168-516; 066-620-080-193-246; 066-665-107-294-450; 067-885-909-012-284; 068-397-856-827-44X; 071-450-561-778-589; 071-737-539-334-023; 074-866-365-610-939; 075-751-826-326-321; 077-252-296-573-902; 078-960-636-612-159; 079-864-491-051-624; 084-105-112-224-956; 085-551-996-817-664; 087-465-251-169-422; 089-541-480-057-170; 091-502-932-963-562; 093-870-719-515-738; 095-391-005-926-847; 096-103-813-826-702; 097-251-183-427-133; 101-711-573-560-412; 103-263-585-048-869; 106-501-207-735-864; 106-619-997-653-532; 107-605-926-265-849; 108-839-333-529-974; 109-970-210-431-002; 110-249-028-774-342; 112-649-769-152-407; 115-909-439-209-877; 117-241-887-579-551; 119-274-097-821-44X; 119-901-890-586-115; 123-260-194-564-286; 123-515-327-250-611; 125-938-908-327-004; 126-811-606-508-764; 126-998-641-178-839; 129-781-619-480-507; 129-937-783-204-676; 129-967-868-059-356; 135-019-999-098-037; 135-243-518-232-810; 135-465-339-862-853; 136-281-155-629-07X; 136-598-919-519-82X; 141-049-427-205-073; 141-678-543-219-132; 142-705-012-235-069; 143-771-975-682-314; 145-597-586-622-969; 146-079-371-136-345; 146-773-170-726-429; 147-596-751-840-15X; 147-653-686-816-10X; 147-739-612-030-910; 148-506-779-607-338; 150-316-828-945-232; 150-858-062-298-196; 153-513-590-028-144; 161-479-526-134-704; 164-947-081-517-641; 165-151-124-956-39X; 165-355-199-521-344; 167-529-040-860-993; 168-418-202-102-875; 169-356-460-247-730; 170-831-810-287-122; 172-980-957-632-949; 174-036-892-656-157; 174-118-325-972-857; 175-242-043-435-126; 184-876-453-235-144; 192-046-660-426-477; 193-444-425-178-629; 199-343-314-867-072,13,true,cc-by,green
003-003-307-526-609,"An inquiry into the merits of copyright: the challenges of consistency, consent, and encouragement theory",,1989,journal article,Stanford Law Review,00389765,JSTOR,United States,Wendy J. Gordon,"A. Entitlement Structures: Rights, Privileges, and Powers ....... 1354 1. Entitlement structures in tangible property and torts ...... 1354 2. Common law limits on ownership entitlements 1361 3. Entitlement structures in copyright law 1365 B. Assessing the Patterns ......... 1378 1. ""Thingness, "" ""use, "" and the role of boundaries ......... 1378 2. Harms and benefits 1384 3. Diferences in liability criteria 1386 4. Economic functions of the entitlement package 1388 II. ALTERNATIVES TO COPYRIGHT . 1394",41,6,1343,,Entitlement; Public good; Common law; Political science; Tangible property; Law; Tort; Fair use; Authors' rights; Intellectual property,,,,,https://core.ac.uk/display/142081279 https://open.bu.edu/handle/2144/22959 https://open.bu.edu/bitstream/2144/22959/1/41StanLRev1343_web.pdf https://core.ac.uk/download/142081279.pdf,http://dx.doi.org/10.2307/1228805,,10.2307/1228805,2738044948,,0,,95,true,,
003-007-639-569-072,"Counterfeit Commerce:Relations of Production, Distribution and Exchange",2016-06-21,2016,journal article,Cultural Sociology,17499755; 17499763,SAGE Publications,United States,Chris Rojek,"Study of the consumption of counterfeit products casts consumers as reflexive agents who knowingly break the law (through the consumption of illegal commodities). Because this analysis is pitched at the level of meaning rather than structural constraints, it produces a misleading view of reflexive counterfeit consumption as being motivated by resistance or the wish to escape from normative coercion. This paper contrasts with approaches that prefigure meaning in explaining counterfeit commerce by treating the trade as an unavoidable structural feature of capitalism. That is, the structural logic of capital accumulation inevitably creates a black market of counterfeit commerce. It is a parasitic form of illegal consumerism which mirrors conventional capitalist organization reproducing familiar dynamics of valued status differentiation.",11,1,1749975516650233,43,Consumption (economics); Economics; Coercion; Black market; Counterfeit; Meaning (existential); Consumerism; Capitalism; Commerce; Capital accumulation,,,,,http://journals.sagepub.com/doi/full/10.1177/1749975516650233 https://openaccess.city.ac.uk/id/eprint/14066/ http://journals.sagepub.com/doi/10.1177/1749975516650233 https://core.ac.uk/display/42630231 https://journals.sagepub.com/doi/10.1177/1749975516650233 https://core.ac.uk/download/42630231.pdf,http://dx.doi.org/10.1177/1749975516650233,,10.1177/1749975516650233,2430826372,,0,000-509-877-393-00X; 001-684-942-595-420; 002-091-423-136-460; 002-414-528-734-188; 004-993-022-592-575; 005-984-355-836-277; 012-715-612-090-508; 013-040-069-418-797; 014-779-640-517-359; 014-817-373-591-136; 016-156-669-823-546; 018-056-485-681-365; 026-278-953-393-30X; 027-763-914-268-501; 028-150-572-521-830; 029-847-297-642-078; 031-306-645-812-097; 035-675-931-829-77X; 037-399-822-213-524; 039-321-560-642-152; 041-798-084-024-483; 042-146-513-390-24X; 045-367-904-710-894; 045-687-316-853-04X; 053-222-489-881-030; 054-750-552-490-063; 054-779-471-552-057; 058-643-502-254-857; 062-692-364-090-924; 063-480-955-256-801; 068-731-970-028-618; 083-120-672-174-386; 088-759-605-801-051; 089-363-036-297-777; 095-582-881-785-37X; 098-046-464-711-003; 099-296-906-708-820; 099-800-131-506-691; 104-337-124-066-402; 106-019-895-308-595; 107-403-607-414-872; 112-286-137-231-692; 120-582-877-781-16X; 128-099-272-161-532; 128-755-611-134-057; 129-350-638-452-582; 130-068-155-543-291; 154-637-736-902-086; 172-444-273-740-915; 173-824-295-720-078; 188-040-089-709-598; 191-217-239-903-003; 194-037-856-455-120; 195-850-483-876-915,13,true,,green
003-068-172-034-873,Judicial Review in Action,,1926,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Edward S. Corwin,,74,7,639,,Political science; Law; Action (philosophy); Judicial review,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8108&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol74/iss7/1/ https://core.ac.uk/download/151689717.pdf,http://dx.doi.org/10.2307/3313984,,10.2307/3313984,759007365,,0,,1,true,,
003-217-184-552-105,"The Influence of Corruption on the Developing World: The Foreign Corrupt Practices Act, International Commerce and Africa",2015-07-02,2015,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Nellie R. Dunderdale,The Foreign Corrupt Practices Act (FCPA) demonstrates the United States’ commitment to fight against bribery and corruption and the FCPA has had a substantial impact on commerce between organizations in the United States and the developing word.,33,2,261,277,Accounting; Political economy; Business; Corruption; Foreign Corrupt Practices Act; Developing country,,,,,http://jlc.law.pitt.edu/ojs/jlc/article/view/82 http://jlc.law.pitt.edu/ojs/jlc/article/download/82/80 https://core.ac.uk/download/pdf/325947801.pdf,http://dx.doi.org/10.5195/jlc.2015.82,,10.5195/jlc.2015.82,1852573641,,0,,1,true,cc-by-nc-nd,gold
003-368-067-952-984,European regulation of cross-border hate speech in cyberspace: The limits of legislation,,2011,journal article,"European Journal of Crime, Criminal Law and Criminal Justice",09289569; 15718174,Brill,Netherlands,James Banks,"This paper examines the complexities of regulating hate speech on the Internet through legal frameworks. It demonstrates the limitations of unilateral national content legislation and the difficulties inherent in multilateral efforts to regulate the Internet. The paper highlights how the US's commitment to free speech has undermined European efforts to construct a truly international regulatory system. It is argued that a broad coalition of citizens, industry and government, employing technological, educational and legal frameworks, may offer the most effective approach through which to limit the effects of hate speech originating from outside of European borders.",19,1,1,13,The Internet; Government; Construct (philosophy); Political science; Law and economics; Legislation; Cyberspace; Free speech,,,,,https://brill.com/view/journals/eccl/19/1/article-p1_1.xml https://shura.shu.ac.uk/6902/ https://dialnet.unirioja.es/servlet/articulo?codigo=3410203 https://booksandjournals.brillonline.com/content/journals/10.1163/157181711x553933 https://brill.com/content/journals/10.1163/157181711x553933 https://core.ac.uk/download/pdf/9831395.pdf,http://dx.doi.org/10.1163/157181711x553933,,10.1163/157181711x553933,3125479079,,0,,16,true,,green
003-502-585-411-488,The European Commission’s Geo-blocking Proposals and the Future of EU E‑commerce Regulation,2017-06-30,2017,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Pieter Van Van Cleynenbreugel,"As part of its Digital Single Market strategy, the European Commission envisages to take action aimed at eradicating the practice of blocking one’s website to persons established or residing in a particular EU Member State. To that extent, a 2015 proposal for a regulation on the portability of online streaming services and a 2016 proposal for a regulation on geo-blocking outside the audio-visual context have been presented, the scope of which will be analysed in this paper. Although the proposed Regulations would tackle topical problems in EU e commerce and thus offer a necessary step forward in enhancing cross-border trade in the European Union, their envisaged regulatory approach raises important concerns from enforcement and rules’ circumvention points of view. Taking stock of those two concerns, the paper will reflect upon ways to mitigate their detrimental effects. Arguing that the geo-blocking proposals already contain the basic tools for such mitigation, the paper advocates the adoption of a more streamlined EU competition law and e-commerce regulation enforcement strategy, complemented by a “technologically more pro-active” EU law interpretation stance to e-commerce at the EU level.",11,1,39,62,Business; Law and economics; Law; Commission; Digital Single Market; Competition law; Member state; Enforcement; European commission; E-commerce,,,,,https://orbi.uliege.be/handle/2268/212145 https://www.ceeol.com/search/article-detail?id=892436 http://orbi.ulg.ac.be/bitstream/2268/212145/3/VanCleynenbreugelGeoblockingMUJLT.pdf https://doi.org/10.5817/MUJLT2017-1-3 https://journals.muni.cz/mujlt/article/download/6525/6398 https://journals.muni.cz/mujlt/article/view/6525 https://core.ac.uk/download/230601221.pdf,http://dx.doi.org/10.5817/mujlt2017-1-3,,10.5817/mujlt2017-1-3,2727082710,,0,028-108-024-345-312; 031-585-227-169-726; 038-710-713-268-345; 050-052-580-571-852; 075-687-476-985-20X; 091-486-082-949-600; 100-921-397-401-154; 102-021-159-443-868; 111-594-059-436-999; 113-346-149-208-017; 128-766-562-873-323; 151-784-081-060-594; 185-498-658-873-765; 186-818-383-236-121,3,true,,gold
003-507-448-366-732,"""Freedom Of"" or ""Freedom from""? the Enforceability of Contracts and the Integrity of the LLC",,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Leigh A. Bacon,"The sudden growth of limited liability company (LLC) legislation in the past ten years has been accompanied by a corresponding amount of scholarship dedicated to the logistics, concerns, and implications of the limited liability company. Most legal scholarship has examined the potential liability and the scope of the fiduciary duty of the members of an LLC. At issue in this Note is not the extent to which the members of an LLC owe duties to it or to each other but rather the extent to which the LLC is independent of its members. LLC legislation and case law expressly serve the principles of freedom of contract. Preserving the freedom of members to contract with one another as to the operation of the LLC, however, can occur at the expense of the LLC. The law recognizes the LLC as an entity that has protected rights, at least for some purposes. This Note examines whether this status implies that, when executing agreements, the members of an LLC do not bind the LLC itself. It argues that courts should consider the separate entity characteristics of an LLC when considering whether to enforce against it an agreement to which it is not a party. Part I introduces two recent holdings that advance opposite conclusions as to whether an LLC should be bound by an arbitration and choice-of-forum clause in its operating agreement when it was not itself a signatory to the agreement. It then examines what effect the policies favoring arbitration have on the enforceability of arbitration clauses and argues that, notwithstanding freedom-of-contract principles, an arbitration clause should not be enforced against a nonparty, even where that nonparty is an LLC. Part II suggests that comparing the LLC to the corporation might be more appropriate than comparing it to the partnership, and applies citizenship and internal-affairs-doctrine analyses to the LLC to demonstrate that the LLC can be considered a separate entity whose interests should be balanced against freedom-of-contract principles. Part III proposes that while providing for freedom of contract in LLC agreements might attract would-be members to form an LLC in a state that exalts such freedom in its LLC legislation, a state court system's refusal to respect the independence of an LLC might counter any such lure. The Note concludes that freedom of contract does not necessarily justify enforcing a contract against an LLC when it is not a party to the contract and that enforcement of such a contract could harm both the LLC and the state enforcing the contract.",50,4,1087,1122,Freedom of contract; Limited liability; Business; Arbitration; Common law; Law and economics; Arbitration clause; Fiduciary; Legislation; Separate legal entity,,,,,https://scholarship.law.duke.edu/dlj/vol50/iss4/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1104&context=dlj https://core.ac.uk/download/62548961.pdf,http://dx.doi.org/10.2307/1373103,,10.2307/1373103,3123222395,,0,,0,true,,green
003-540-788-080-356,Assessment of the level of WCAG 2.0 accessibility standard application by selected companies of the polish e-commerce sector in 2015–2019,,2020,journal article,Galic'kij ekonomičnij visnik,24098892,Ternopil Ivan Puluj National Technical University,,A. Mikhalchyk,"Інтернет-комерція та Інтернет-торгівля – це сучасні інструменти бізнесу, які; забезпечують швидке зростання продажу товарів. У зв’язку з цим велика кількість промислових і; комерційних підприємств прагнуть продавати свої товари, роботи й послуги через Інтернет-комерцію; та Інтернет-торгівлю. Популярність електронної комерції зростає: насправді цей спосіб продажу; зручний як для продавців, так і для покупців. Однак юридична підтримка електронної комерції часто стає; проблемою, оскільки регулюється низкою загальних документів. У свою чергу, Інтернет-торгівля входить; до поняття «електронна комерція», яке визначається як пошук відносин, які є прибутковими, і виникають; внаслідок придбання, зміни або припинення цивільних прав та обов’язків, які виконуються дистанційно за; допомогою інформаційно-телекомунікаційних систем, унаслідок чого учасники таких відносини; отримують майнові права та обов’язки. Інтернет-магазин – це спосіб представлення або продажу; товарів, робіт чи послуг через онлайн-трансакцію. Продавець товарів, робіт, послуг через електронну; торгівлю в процесі своєї діяльності та у разі розповсюдження комерційного електронного повідомлення; зобов’язаний забезпечити прямий, простий, стабільний доступ інших учасників до інформації у сфері; електронної торгівлі. Ззроблено спроби відповісти на питання: наскільки інтернет-магазини, якими; керують вибрані компанії з польської індустрії електронної комерції, відповідають вимогам стандарту; доступності WCAG 2.0; яким був вплив змін на зміст і створення доступності електронного магазину у; 2015–2019 роках? Представлено результати моніторингу наявності вибраних електронних магазинів,; проведеного у 2015–2019 роках із застосуванням валідатора доступності Utilitia.Internet commerce and internet trade are modern business tools that provide rapid growth in; sales of goods. Therefore, a large number of industrial and commercial enterprises seek to sale their goods, works; and services through internet commerce and internet trade. The popularity of e-commerce is increasing: in fact,; this method of sales is convenient for both merchants and buyers. However, legal support for; e-commerce is often a problem, as it's governed by a number of general documents. In turn, internet trade fits into; the concept of «e-commerce», which is defined as profit-seeking relationships arising from the acquisition,; alteration or termination of civil rights and obligations remotely utilized by information and telecommunication; systems, resulting in the fact that participants of such relationships gain property rights and obligations. The; online store is a way of presenting or selling products, works or services by the online transaction. The seller of; goods, works, services in e-commerce in the course of activity and in the case of distribution of commercial; electronic message is obliged to provide direct, simple, stable access of other participants to information in the; sphere of e-commerce. The author of this paper article tries to answer the following questions: to what extent do; online stores run by selected companies of Polish e-commerce industry meet the requirements of WCAG 2.0; availability standard; what was the impact of changes in the content and construction of e-store unavailability in; 2015–2019? The results of monitoring the availability of selected e-stores carried out in 2015–2019 using Utilitia; accessibility validator are presented in this paper. The paper is particularly relevant to economists, experts and; students",62,1,30,34,Business; Commerce; E-commerce,,,,,http://dx.doi.org/10.33108/galicianvisnyk_tntu2020.01.030 https://core.ac.uk/download/323227885.pdf,http://dx.doi.org/10.33108/galicianvisnyk_tntu2020.01.030,,10.33108/galicianvisnyk_tntu2020.01.030,3013586116,,0,068-742-643-680-282,0,true,,green
003-620-818-785-737,The Effect of the Decision in the Sugar Institute Case Upon Trade Association Activities,,1936,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,William J. Donovan,,84,8,929,,Economics; International economics; Sugar; Trade association; Agricultural economics,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8875&context=penn_law_review https://core.ac.uk/display/151690217 https://scholarship.law.upenn.edu/penn_law_review/vol84/iss8/1/ https://core.ac.uk/download/151690217.pdf,http://dx.doi.org/10.2307/3308423,,10.2307/3308423,1084507320,,0,,0,true,,green
003-643-461-087-03X,"Special Interests and the Interstate Commerce Commission, II*",,1933,journal article,American Political Science Review,00030554; 15375943,Cambridge University Press (CUP),United Kingdom,E. Pendleton Herring,"In the juristic sphere, the Interstate Commerce Commission is charged with enforcing and interpreting certain statutes, hearing and weighing evidence, and rendering formal judgment when the facts have been ascertained. But the recognized judicial character of this work does not render the Commission immune from efforts to influence its judgments. The struggles of contending economic groups and political influences give rise to actions intolerable in a court of law and to repeated efforts to obtain favorable decisions through the use of propaganda. The Commission performs its duties in surroundings far from neutral, and must cope with pressures too powerful to be exorcised by simple exhortation or condemnation. The problem is one of canalizing influences which cannot be eliminated, to the end that they may increase rather than decrease the efficiency of the administrative process and that the public interest may not be submerged in the undertow of sectional and political cross-currents.",27,6,899,917,Statute; Work (electrical); Political science; Law and economics; Commission; Public interest; Public administration; Process (engineering); Politics,,,,,https://www.cambridge.org/core/journals/american-political-science-review/article/special-interests-and-the-interstate-commerce-commission-ii/9409103928E9112F814E4EF9D657EC9C,http://dx.doi.org/10.2307/1947285,,10.2307/1947285,2314436665,,0,048-444-060-888-603; 075-336-230-486-801,11,false,,
003-644-736-406-373,"Associations Between County and Municipality Zoning Ordinances and Access to Fruit And Vegetable Outlets in Rural North Carolina, 2012",2013-12-05,2013,journal article,Preventing chronic disease,15451151,U.S. Department of Health and Human Services,United States,Mariel Leah Mayo; Stephanie B. Jilcott Pitts; Jamie F. Chriqui,"INTRODUCTION Zoning ordinances and land-use plans may influence the community food environment by determining placement and access to food outlets, which subsequently support or hinder residents' attempts to eat healthfully. The objective of this study was to examine associations between healthful food zoning scores as derived from information on local zoning ordinances, county demographics, and residents' access to fruit and vegetable outlets in rural northeastern North Carolina. METHODS From November 2012 through March 2013, county and municipality zoning ordinances were identified and double-coded by using the Bridging the Gap food code/policy audit form. A healthful food zoning score was derived by assigning points for the allowed use of fruit and vegetable outlets. Pearson coefficients were calculated to examine correlations between the healthful food zoning score, county demographics, and the number of fruit and vegetable outlets. In March and April 2013, qualitative interviews were conducted among county and municipal staff members knowledgeable about local zoning and planning to ascertain implementation and enforcement of zoning to support fruit and vegetable outlets. RESULTS We found a strong positive correlation between healthful food zoning scores and the number of fruit and vegetable outlets in 13 northeastern North Carolina counties (r = 0.66, P = .01). Major themes in implementation and enforcement of zoning to support fruit and vegetable outlets included strict enforcement versus lack of enforcement of zoning regulations. CONCLUSION Increasing the range of permitted uses in zoning districts to include fruit and vegetable outlets may increase access to healthful fruit and vegetable outlets in rural communities.",10,12,130196,,Local government; Enforcement; Demographics; Qualitative interviews; Positive correlation; Food environment; Healthful food; Socioeconomics; Zoning; Medicine,,Building Codes/legislation & jurisprudence; Commerce/legislation & jurisprudence; Food Supply; Fruit; Humans; Local Government; North Carolina; Nutrition Policy; Rural Population; Vegetables,,NCCDPHP CDC HHS (FOA CDC-RFA-DP11-1115PPHF11) United States,http://www.ncbi.nlm.nih.gov/pubmed/24309091 https://thescholarship.ecu.edu/handle/10342/5248 https://libres.uncg.edu/ir/uncg/listing.aspx?id=20356 https://stacks.cdc.gov/view/cdc/21676 http://europepmc.org/articles/PMC3854873 https://www.cdc.gov/pcd/issues/2013/13_0196.htm https://thescholarship.ecu.edu/bitstream/10342/5248/1/PCD-10-E203.PMC3854873.pdf https://core.ac.uk/download/71977863.pdf,http://dx.doi.org/10.5888/pcd10.130196,24309091,10.5888/pcd10.130196,2031371125,PMC3854873,0,005-890-606-569-082; 007-136-149-467-918; 012-509-322-411-599; 012-511-290-638-934; 017-856-617-719-046; 019-326-329-370-227; 020-609-844-633-381; 025-353-368-928-95X; 035-947-162-520-714; 061-277-060-997-346; 069-591-329-814-503; 083-858-706-007-414; 100-148-396-860-986; 119-092-802-105-485; 172-085-791-732-497,17,true,implied-oa,green
003-666-528-481-720,Restraints on Disinheritance,,1936,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Edmond Cahn,,85,2,139,,Political science,,,,,https://core.ac.uk/display/151690223 https://scholarship.law.upenn.edu/penn_law_review/vol85/iss2/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8889&context=penn_law_review https://core.ac.uk/download/151690223.pdf,http://dx.doi.org/10.2307/3309126,,10.2307/3309126,1079072529,,0,,1,true,,green
003-677-270-796-330,E-BUYER BEWARE: WHY ONLINE AUCTION FRAUD SHOULD BE REGULATED,,2002,journal article,American Business Law Journal,00027766; 17441714,Wiley,United Kingdom,Miriam R. Albert,"Well-settled principles of law, such as those encompassing fraud in its various forms, have long maintained their vitality, adapting to changes in the legal and business environments through judicial and legislative interpretation and intervention. Many of these changes have manifested themselves in the world of commerce. The creation and development of the Internet has resulted in significant changes in the way people engage in commerce. The increasing popularity of the Internet as a medium of commerce has generated an increase in Internet fraud, raising new and challenging legal issues in areas including online auctions. Under current law, a defrauded participant in an online auction transaction has no recourse against the online auction site that facilitated and controlled the auction transaction and claimed a percentage of the transaction price as its fee. Online auction sites can and do legally disclaim any responsibility for fraud occurring on their sites. Because of the lack of meaningful consumer protection with respect to online auctions in the form of consumer education efforts and appropriate regulation and effective enforcement thereof, the rising numbers of online auction fraud victims are left with no meaningful avenues of relief.The increased popularity of the Internet and the huge volume of e-commerce transactions have generated opportunities for cyber crimes and torts, including various forms of Internet fraud. The Internet offers low-cost communication, the capacity to reach a global audience, and a presumptive veneer of credibility stemming from the anonymity of cyberspace. Thus, Internet users may find it hard to distinguish genuine sources of information from fraudulent sources, creating a fertile environment for all kinds of Internet fraud. This article examines the most commonly reported form of Internet fraud, online auction fraud. Part I discusses fraud in the context of online auctions, highlighting the increasing numbers of reported cases and the most common forms of online auction fraud. Part II examines two prominent online auction fraud cases, and illustrates the critical need both to protect consumers from being victimized by online auction fraud and to provide opportunities for meaningful relief in the event that consumers are so victimized. Part III offers suggested areas for regulation to protect consumers from online auction fraud, and further provides an examination and evaluation of the responses to online auction fraud by various consumer and law enforcement groups. Part IV examines the response of online auction sites to online auction fraud. Part V is an examination of some forms of online alternative dispute resolution. Because of the lack of meaningful consumer protection stemming from the lack of appropriate regulation and effective enforcement thereof, and the dearth of consumer education with respect to online auction fraud, online alternative dispute resolution remains one of the only available avenues of relief for victims of online auction fraud.",39,4,575,644,Internet privacy; The Internet; Caveat emptor; Alternative dispute resolution; Business; Common value auction; Consumer education; Law enforcement; Consumer protection; Internet fraud,,,,,http://onlinelibrary.wiley.com/doi/10.1111/j.1744-1714.2002.tb00306.x/abstract https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1744-1714.2002.tb00306.x https://scholarlycommons.law.hofstra.edu/faculty_scholarship/423/ https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1699&context=faculty_scholarship,http://dx.doi.org/10.1111/j.1744-1714.2002.tb00306.x,,10.1111/j.1744-1714.2002.tb00306.x,3124871871,,0,,41,true,,green
004-307-916-373-678,Marketing Agreements Under the Agricultural Adjustment Act: Their Contents and Constitutionality,,1933,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Morris Duane,,82,2,91,,Economic policy; Agriculture; Business; Constitutionality,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol82/iss2/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8631&context=penn_law_review https://core.ac.uk/download/151690056.pdf,http://dx.doi.org/10.2307/3308109,,10.2307/3308109,842646027,,0,,0,true,,green
004-346-034-018-748,Is Unreasonable Legislation Unconstitutional,,1914,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Robert P. Reeder,,62,3,191,,Political science; Law; Legislation,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol62/iss3/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7340&context=penn_law_review https://core.ac.uk/download/151689322.pdf,http://dx.doi.org/10.2307/3313613,,10.2307/3313613,785192164,,0,,0,true,,green
004-361-069-105-556,"Abortion as a vice crime: a ""what if"" story.",,1988,journal article,Law and contemporary problems,00239186,Duke University School of Law,United States,John Kaplan,It is most important in terms of predicting a societys response to abortion where it is illegal whether it is classified as either a vice consensual victimless or invisible crime. If Roe v. Wade the Supreme Courts landmark abortion decision in 1973 is overruled political battles over abortion would escalate and the law would not automatically return to the status quo and recriminalize abortion. It is likely that for a considerable time after any overruling of Roe v. Wade abortion would be illegal in some states but legal in others because of an inability to pass the requisite criminalizing statutes. If the political battles fought within states result in a national patchwork with some states prohibiting and others allowing abortion the antiabortion effort would be pushed to move at the national level. Unless a statute making it a federal crime to perform an abortion on a resident of another state or something similar would be enacted any anti-abortion laws passed could be evaded so easily that the number of abortions performed in the US would not change significantly. The fact that abortion is a medical procedure is possibly the most important reason for whatever success criminal law achieved in preventing abortion. As technology has advanced in the areas of pregnancy testing and the performance of abortion it is unlikely that new abortion laws comparable to those prevailing prior to 1973 would reduce the number of abortions to a level between the 1/2 and 1/3 as has been predicted.,51,1,151,179,Sociology; Statute; Law; Criminal law; State (polity); Abortion; Family planning; Abortion law; Jurisprudence; Victimless crime,Genetics and Reproduction; Legal Approach; Right to Life Movement; Roe v. Wade,"Abortion, Criminal; Abortion, Eugenic; Abortion, Induced; Abortion, Legal; Abortion, Therapeutic; Criminal Law; Federal Government; Government; Government Regulation; History; Humans; Jurisprudence; Liability, Legal; Methods; Morals; Physicians; Politics; Pregnancy; Pregnant Women; Professional Competence; Public Opinion; Public Policy; Social Change; Social Control, Formal; Socioeconomic Factors; State Government; Statistics as Topic; Stereotyping; Supreme Court Decisions; United States",,,https://pubmed.ncbi.nlm.nih.gov/11650281/ https://scholarship.law.duke.edu/lcp/vol51/iss1/7/ https://www.jstor.org/stable/1191718 https://www.ncbi.nlm.nih.gov/pubmed/11650281 https://core.ac.uk/display/62554413 https://core.ac.uk/download/62554413.pdf,http://dx.doi.org/10.2307/1191718,11650281,10.2307/1191718,1602580301,,0,,5,true,,green
004-391-966-587-142,The Intellectual Property Clause in Contemporary Trademark Law: An Appreciation of Two Recent Essays and Some Thoughts About Why We Ought to Care,,1996,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,David L. Lange,,59,2,213,244,Sociology; Law; Trademark; Intellectual property,,,,,https://scholarship.law.duke.edu/lcp/vol59/iss2/10/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4328&context=lcp https://core.ac.uk/display/62553624 https://core.ac.uk/download/62553624.pdf,http://dx.doi.org/10.2307/1192076,,10.2307/1192076,1514898435,,0,,2,true,cc0,green
004-421-842-770-150,The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?,2012-11-07,2012,journal article,The Denning Law Journal,02691922; 20472765,University of Buckingham Press,,The Hon Mr Justice Sweyn,<jats:p>The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?</jats:p>,6,1,131,141,Faith; Law; Fair dealing; Good faith; Philosophy; Sociology; Political science; Theology,,,,,https://core.ac.uk/download/pdf/235244258.pdf,http://dx.doi.org/10.5750/dlj.v6i1.207,,10.5750/dlj.v6i1.207,,,0,,20,true,cc-by-nc,gold
004-427-233-749-302,DIGITAL MARKETING REGULATIONS,2019-10-29,2019,journal article,Agora International Journal of Juridical Sciences,20677677; 1843570x,Agora University of Oradea,,Ramona-Mihaela Urziceanu; Valentina-Simona Paşcalău,"The General Data Protection Regulation (GDPR) is a European law which grants rights regarding an individual’s personal data. Having been adopted in April 2016, its enforcement became effective as of 25th May 2018. This article aims to highlight who should do this, what exactly they should do and how to do it. Learn about the scope of GDPR in digital marketing, the definition of a personal data breach, the rights of data subjects, incident response under GDPR and more.",13,1,25,30,European Union law; Business; Data breach; Law and economics; Enforcement; Scope (project management); Incident response; General Data Protection Regulation; Digital marketing,,,,,http://univagora.ro/jour/index.php/aijjs/article/view/3729 http://univagora.ro/jour/index.php/aijjs/article/download/3729/1338 https://core.ac.uk/download/pdf/270249337.pdf,http://dx.doi.org/10.15837/aijjs.v13i1.3729,,10.15837/aijjs.v13i1.3729,3000498383,,0,,0,true,,bronze
004-596-778-111-269,E-Security Issues,2012-10-30,2012,journal article,INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY,22773061,CIRWOLRD,,Mani Arora,"<jats:p>With the rapid growth of e-commerce, governmental and corporate agencies are taking extra precautions when it comes to protecting information. The development of e-security as a discipline has enabled organisations to discover a wider array of similarities between attacks occurring across their security environment and develop appropriate countermeasures. To further improve the security of information, there is a need for conceptualising the interrelationships between e-security and the major elements involved in changing a company's infrastructure. Organisations should act in an ethical manner, especially when it comes to e-security and e-privacy policies, procedures, and practices. The consequential theory of utilitarianism is used and applied to a conceptual model to help explain how organisations may develop better secured information in an information-sharing and globally networked environment. E-security is a critical concern for both consumers and business. Establishing trust between all parties in an online transaction is vital for the success of e-commerce. The public wants  full assurance that the information they supply is going to the company they think it is going to, will not be misused by that company, and that credit card information or other payment mechanisms are confidential and secure. On the other hand, companies also want that their systems must remain protected from intruders and they cannot tamper with the data. Some degree of risk is always associated with E-transactions, if security controls are not applied while engaging into such transactions. Users must be sure before engaging into transactions that they are safe and the information provided by them is not going to unauthorized people. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000. In this paper, I have covered the e-security issues such as elements of e-security, security threats or cyber crimes, tools for e-security, precautions for secure e-commerce and various studies regarding e-security issues.</jats:p>",3,2,301,308,Political science,,,,,http://www.jac.cirworld.com/index.php/ijct/article/download/2889/2811 https://core.ac.uk/download/322473693.pdf,http://dx.doi.org/10.24297/ijct.v3i2c.2889,,10.24297/ijct.v3i2c.2889,2802256798,,0,,1,true,,
004-627-800-497-540,The Law of Foreign Trade in the Polish People’s Republic,,1972,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Tadeusz Sadowski,"When, after World War II, Poland was rebuilding her commercial relations with Western countries, she was able to do so on the basis of existing commercial treaties and conventions, protocols, and other agreements concluded by her during the period from 1918 to 1939. World War II had not affected their validity, and they continued to constitute a legal framework tor re-establishment of trade relations. In some instances, as in the case of the United States, an exchange of notes confirming the validity of the treaty took place. In others, the mere recognition of the new Polish government implied a resumption of commercial relations on a pre-World War II basis. Treaties concluded by Poland with leading Western industrial countries included: Austria (October II, I933); Belgium (December 30, I922); Great Britain (Treaty on Commerce and Shipping, November 26, 1923, and Trade Agreement, February 27, I935); Denmark (Treaty on Commerce and Shipping, March 22, I924, and Convention on Trade Relations, January IO, 1934); Canada (July 3, I935); France (November IO, 1923); Netherlands (May 30, I924); Sweden (October 21, I933, July 3, I936, and post-war Agreement Concerning Exchange of Goods of March 18, 1947, and Supplemental Protocol on Exchange of Goods and Payments of April 22, 1948); Switzerland (June 26, 1922), and the United States (June I5, I93I).1 These treaties ""provide a legal framework for possible but generally unspecified trade, the framework covering matters such as tariffs, export and import licensing, quotas and exchange control.""2 According to Stanislaw Dlugosz, the provisions of the pre-war treaties were included, either partially or in their entirety, in bilateral trade agreements that postwar Poland later concluded with the capitalist countries. One example is the long-term agreement with the Benelux countries of I967 in which the mutual application of the most-favored-nation clause, provided for in the 1922 treaty with Belgium and the I924 treaty with the Netherlands, was confirmed.3 Because her present economic system rests on a centrally-planned economy,",37,3,506,532,World War II; Payment; International trade; Political science; Trade agreement; Treaty; Convention; Bilateral trade; Free trade; Foreign relations,,,,,https://scholarship.law.duke.edu/lcp/vol37/iss3/8/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3380&context=lcp https://www.jstor.org/stable/1191135 https://core.ac.uk/download/62555447.pdf,http://dx.doi.org/10.2307/1191135,,10.2307/1191135,1574248966,,0,,0,true,,green
004-794-089-244-645,Legal Implication of the Effect of the TRIPS Agreement on the Trade Marks Law in Nigeria,2016-04-29,2016,journal article,"European Scientific Journal, ESJ",18577431; 18577881,"European Scientific Institute, ESI",,Temitope O. Oloko,"The implication and the effects of the TRIPS Agreement in developing nations are constantly unfolding. Modern businesses use trade marks as an important public relations tool for marketing purposes. Considering the importance of the TRIPS Agreement in the trade mark regime, assessing the legal effect that the Agreement has on the law in Nigeria helps in determining the compliance of the Trade Mark Law to a large extent. The aim of this article is to identify the areas of compliance and to discuss the diversity and effectiveness of the TRIPS agreement. The article sheds light on the level of compliance of the Trade Marks Law and the expected impact. This could help in identifying the level of fulfilment of Nigeria’s international trade obligation. The study contributes to knowledge by providing insights in determining the extent to which the Trade Mark Law still need reformation. The areas covered by this article are limited to service marks, well-known marks, the requirement for use, and parallel importation.",12,10,140,140,Economics; Trade barrier; Law; Obligation; Diversity (business); TRIPS Agreement; Compliance (psychology); Service (economics); Developing country,,,,,https://eujournal.org/index.php/esj/article/download/7317/7037 https://eujournal.org/index.php/esj/article/view/7317 https://paperity.org/p/76262235/legal-implication-of-the-effect-of-the-trips-agreement-on-the-trade-marks-law-in-nigeria https://core.ac.uk/download/328025411.pdf,http://dx.doi.org/10.19044/esj.2016.v12n10p140,,10.19044/esj.2016.v12n10p140,2344938544,,0,011-608-953-723-879; 019-519-961-503-100; 028-980-123-174-522; 050-874-777-248-189; 154-815-245-508-075,0,true,,bronze
004-881-424-910-373,Federalism and the Double Standard of Judicial Review,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Lynn A. Baker; Ernest A. Young,"From 1937 to 1995, federalism was part of a “Constitution in exile.” Except for the brief interlude of the National League of Cities doctrine—which, like Napoleon’s ill-fated return from Elba, met with crushing defeat—the post–New Deal Supreme Court has been almost completely unwilling to enforce constitutional limits on national power vis-a-vis the states. The reason, by all accounts, has much to do with federalism’s historic link to other aspects of our expatriate",51,1,75,164,Political science; Law; League; Constitution; National power; Supreme court; Expatriate; Due process; Judicial review; Federalism,,,,,https://law.utexas.edu/faculty/lbaker/51-duke-lj-75-2001.pdf https://scholarship.law.duke.edu/dlj/vol51/iss1/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2872&context=faculty_scholarship https://core.ac.uk/download/62548906.pdf,http://dx.doi.org/10.2307/1373231,,10.2307/1373231,3121700166,,0,,26,true,,green
004-916-769-264-909,Unilateral Option Clauses: The Way Forward,2018-07-01,2018,journal article,Christ University Law Journal,22784322,Christ University Bangalore,,Salonee Patil,"India is on its way to being recognised as one of the arbitration-friendly nations of the world. An unresolved question of law, acting as a hurdle to this is the enforceability of option clauses. Since arbitration agreements are the foundation of the rights of the parties to an agreement, it is to be considered whether unilateral option clauses are valid because the parties have agreed to the same. This paper analyses the consequences of only one party to a contract having the right to approach a broader choice of forum to hear its grievances. Although unilateral option clauses are commonly used in commercial transactions, they pose various issues. This paper examines the different facets of the validity and operation of such clauses in arbitration. For this, the paper relies on the developments in Indian as well as international arbitration laws-specifically, the recent judgement of the Singapore Court of Appeals is examined. The issues with respect to enforceability of such clauses make it necessary to weigh the benefits of having them, as against their complex operability.",7,2,45,62,Operability; Arbitration; Political science; Law and economics; Judgement; Question of law; International arbitration; Foundation (evidence),,,,,http://journals.christuniversity.in/index.php/culj/article/view/1900 https://core.ac.uk/download/236436898.pdf,http://dx.doi.org/10.12728/culj.13.3,,10.12728/culj.13.3,2957880601,,0,,0,true,,gold
004-991-613-673-642,Surveillance and falsification implications for open source intelligence investigations,2015-07-23,2015,journal article,Communications of the ACM,00010782; 15577317,Association for Computing Machinery (ACM),United States,Petra Saskia Bayerl; Babak Akhgar,Legitimacy of surveillance is crucial to safeguarding validity of OSINT data as a tool for law-enforcement agencies.,58,8,62,69,Open-source intelligence; Safeguarding; Computer security; Computer science; Legitimacy,,,,,https://dl.acm.org/doi/10.1145/2699410 https://doi.org/10.1145/2699410 http://dblp.uni-trier.de/db/journals/cacm/cacm58.html#BayerlA15 https://repub.eur.nl/pub/90991 https://dblp.uni-trier.de/db/journals/cacm/cacm58.html#BayerlA15 https://shura.shu.ac.uk/24144/ https://core.ac.uk/download/pdf/189171266.pdf,http://dx.doi.org/10.1145/2699410,,10.1145/2699410,2236383714,,0,003-100-226-147-29X; 003-987-407-360-380; 004-835-225-268-421; 008-209-409-959-718; 012-974-160-818-540; 024-071-039-195-669; 025-092-918-172-040; 028-000-897-642-135; 030-072-089-946-610; 070-866-761-937-41X; 080-120-973-986-151; 088-980-642-791-81X; 101-002-573-612-487; 113-875-972-701-127; 154-933-646-937-505; 157-708-258-146-849; 168-241-088-678-764,11,true,,green
005-047-440-322-979,Building Privacy into Software Products and Services,,2007,journal article,IEEE Security & Privacy Magazine,15407993; 15584046,Institute of Electrical and Electronics Engineers (IEEE),United States,T.R. Knutson,"In the marketplace, customer trust is paramount. As consumers increasingly rely on the Internet for shopping, banking, and other daily activities, privacy is both a major public concern and a barrier to e-commerce growth: fear of data breaches and identity theft threaten to erode trust in the Internet. Once the core privacy team (CPT) is built, it can begin to define the program, deploy its processes, and enforce the rules.",5,3,72,74,Privacy policy; Internet privacy; The Internet; Information privacy; Data breach; Privacy by Design; Software; Computer security; Computer science; Privacy software; Identity theft,,,,,http://ieeexplore.ieee.org/document/4218557/ https://dblp.uni-trier.de/db/journals/ieeesp/ieeesp5.html#Knutson07 http://yadda.icm.edu.pl/yadda/element/bwmeta1.element.ieee-000004218557 https://ieeexplore.ieee.org/document/4218557/ https://doi.org/10.1109/MSP.2007.55 https://www.computer.org/csdl/mags/sp/2007/03/j3072.html https://www.infona.pl/resource/bwmeta1.element.ieee-art-000004218557,http://dx.doi.org/10.1109/msp.2007.55,,10.1109/msp.2007.55,2041519128,,0,,12,false,,
005-230-940-763-362,Muddy Property: Generating and Protecting Information Privacy Norms in Bankruptcy,,2002,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Edward J. Janger,"In this article I examine the treatment of e-commerce privacy policies in bankruptcy, and seek to show that recent proposals by Larry Lessig and others to protect data privacy through propertization, as well as legislative proposals which follow Lessig's lead, are legally and intellectually incoherent for a common reason. Both Lessig and Congress focus on remedy, without paying sufficient attention to the institutional mechanisms for generating the substantive privacy norms at stake in e-commerce transactions. At the same time, privacy scholars who are critical of Lessig oppose propertization and focus instead on the creation of privacy entitlements through public processes. Lessig's critics ignore, however, the fact that without the status of property, these rights will receive no protection in bankruptcy. To bridge this gap, I propose a regime of muddy property rules based on fair information practices (or ""FIPs"") that can simultaneously protect against the commodification of personal information and offers bankruptcy courts as a public forum for articulating and enforcing privacy norms.",,,,,Privacy policy; Information privacy; Privacy law; Business; FTC Fair Information Practice; Personally identifiable information; Law and economics; Privacy by Design; Law; Privacy software; Information privacy law,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3094927_code159253.pdf?abstractid=305322&mirid=1 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=305322 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=305322,http://dx.doi.org/10.2139/ssrn.305322,,10.2139/ssrn.305322,1546845373,,0,009-139-180-328-832; 018-890-362-271-547; 072-830-238-877-035; 113-692-645-496-750,2,true,,green
005-409-409-562-793,An Opinion Holding the Act Constitutional,,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert L. Stern,,6,3,433,443,Judicial opinion; Political science; Law; Dissenting opinion,,,,,https://scholarship.law.duke.edu/lcp/vol6/iss3/11/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1969&context=lcp https://core.ac.uk/display/62558410 https://core.ac.uk/download/62558410.pdf,http://dx.doi.org/10.2307/1189605,,10.2307/1189605,1580770781,,0,,0,true,,green
005-520-648-018-096,"The economic wisdom of regulating pharmaceutical ""freebies"".",,1991,journal article,Duke law journal,00127086,Duke University School of Law,United States,Susan Heilbronner Fisher,,40,1,206,239,Advertising; Business; Marketing; Pharmaceutical industry,,"Advertising/legislation & jurisprudence; Commerce/economics; Conflict of Interest; Drug Industry/economics; Ethics, Professional; Interprofessional Relations; Legislation, Pharmacy; Physicians; Prescription Fees; United States; United States Food and Drug Administration",,,https://core.ac.uk/display/62549563 https://scholarship.law.duke.edu/dlj/vol40/iss1/5/ https://www.ncbi.nlm.nih.gov/pubmed/10114416 https://europepmc.org/article/MED/10114416 https://repository.globethics.net/handle/20.500.12424/3578378 https://core.ac.uk/download/62549563.pdf,http://dx.doi.org/10.2307/1372814,10114416,10.2307/1372814,1520672956,,0,,2,true,,green
005-627-380-302-650,An Empirical Study on the Journey of Tax Reforms in India,2019-12-20,2019,journal article,COMMERCE TODAY,09757775,"Sri Jai Narain P.G. College, Lucknow",,Elina Kanungo,"Reforms in the taxation system of a country are an integral part of its development. India; has witnessed series of reforms in its taxation system. The tax rates have been rationalize d with; simplification in the tax laws results in better compliance, ease of tax payment and better enforcement.; India has witnessed reforms in both direct tax system and indirect tax system. After every reform,; it becomes quite essential to measure its effectiveness. There are various parameters to measure; the affects of the reforms and the tax to GDP ratio is considered to be the one. One of the major; objectives of tax reform measures has been to increase total tax to GDP ratio as a means of; achieving fiscal consolidation and improving resource allocation. Government of India is working; to enhance its revenue collection, at the same time ensuring that cumbersome taxes do not bother; the investors.; This paper makes an attempt to highlight the journey of tax reforms taken place in India; since the post liberalization period. The paper also highlights the tax to GDP ratio over the period; of five years of study.",13,01,,,Indirect tax; Payment; Economics; International economics; Direct tax; Revenue; Consolidation (business); Enforcement; Tax reform; Liberalization,,,,,https://www.myresearchjournals.com/index.php/JNPGCT/article/view/15494 https://www.myresearchjournals.com/index.php/JNPGCT/article/download/15494/14479,http://dx.doi.org/10.29320/jnpgct.13.1.9,,10.29320/jnpgct.13.1.9,2964459890,,0,,0,true,,gold
005-648-286-472-613,Interstate Barrier Effects of the Use Tax,,1941,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Reynold E. Carlson,,8,2,223,233,Business; International economics; Use tax,,,,,https://scholarship.law.duke.edu/lcp/vol8/iss2/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2070&context=lcp https://core.ac.uk/download/62558168.pdf,http://dx.doi.org/10.2307/1189668,,10.2307/1189668,14468529,,0,,1,true,,green
005-718-883-768-448,"Freedom, Commerce, Bodies, Harm: The Case of Backpage.com",2017-06-23,2017,journal article,Social Inclusion,21832803,Cogitatio,Portugal,Elizabeth Swanson,"This article situates lawsuits against Backpage.com in the context of changing laws and norms of sexual commerce and trafficking, and of evolving legal interpretations of Section 230 of the Communications Decency Act. Section 230 has been used repeatedly to shield internet service providers such as Backpage.com from liability for content generated by third parties that has led to criminal harm to others; in this case, the trafficking and commercial sexual exploitation of minors. Moving to a critique of the law as at times grievously detached from the realities it addresses, I compare the legal strategies and decisions in three prominent cases brought against Backpage.com in St. Louis, Tacoma, and Boston, respectively. This critique identifies the evacuation of gendered bodies and the harm done to them from the court opinions as an example of what Robert Cover has called the “interpretive violence” of the law, and of the judges who interpret and dispense it. I conclude by calling for courts and Congress to act together to disrupt the accumulation of interpretive precedent favoring freedom of commerce and speech over the protection of bodies from harm.",5,2,3,15,Sociology; Law; Sex trafficking; Harm; Liability; Context (language use); Human trafficking; Internet service provider; Human sexuality,,,,,https://www.ssoar.info/ssoar/handle/document/55463 https://dialnet.unirioja.es/servlet/articulo?codigo=6036585 https://www.cogitatiopress.com/socialinclusion/article/view/925 https://doaj.org/article/cebfb1108c9247c3828f3329bf232429 https://ideas.repec.org/a/cog/socinc/v5y2017i2p3-15.html https://core.ac.uk/display/87756415 https://www.ssoar.info/ssoar/bitstream/document/55463/1/ssoar-socialinclusion-2017-2-swanson-Freedom_commerce_bodies_harm_the.pdf,http://dx.doi.org/10.17645/si.v5i2.925,,10.17645/si.v5i2.925,2698349403,,0,,0,true,cc-by,gold
005-916-006-528-968,The Enforcement of Intellectual Property Rights in Digital Environment Based on ACTA,2013-10-01,2013,journal article,Mediterranean Journal of Social Sciences,20399340; 20392117,Richtmann Publishing,Italy,Mohammad Bagherpour,"The most essential feature of Right in Law's domain is the appropriate enforcement of that and prohibition of third party infringement due to applying proper actions toward the right. The appropriate enforcement of the intellectual property rights since its existence either nationally or internationally- has been one of the most crucial concerns of the legislators and juristic. The intellectual property rights in physical environment did not mainly concern with its true enforcement, but by the advent of internet and the wide speared e-commerce and the simplicity of rights infringement through internet, right holders face with the new challenge has not proposed yet. Due to complexity of intellectual property in cyberspace, discussing the enforcement of it is complex too, so as TRIPS agreement has not been successful to provide an effective enforcement in this field. ACTA agreement- assigned by 8 like- minded countries in October 2011- in a particular section refers to the enforcement of the intellectual property rights in digital environment in order to provide efficient solutions against right infringement. The present article tries to study the enforcement of the intellectual property rights in cyberspace focusing on the recent agreement. DOI: 10.5901/mjss.2013.v4n11p615",4,11,615,,The Internet; Business; Order (exchange); Law; Right to property; Simplicity; Enforcement; TRIPS Agreement; Cyberspace; Intellectual property,,,,,https://www.mcser.org/journal/index.php/mjss/article/view/1347 https://www.mcser.org/journal/index.php/mjss/article/download/1347/1375 https://core.ac.uk/download/pdf/228537108.pdf,http://dx.doi.org/10.5901/mjss.2013.v4n11p615,,10.5901/mjss.2013.v4n11p615,2049267291,,0,118-483-081-967-887,0,true,,
006-064-631-410-26X,Cross‐border Insolvency and Legal Transnationalisation,2012-06-27,2012,journal article,International Insolvency Review,11800518; 10991107,Wiley,United Kingdom,Rosalind Mason,"The last twenty years have seen an explosion of approaches for dealing with an inevitable consequence of globalised markets, that of cross-border insolvencies. This article places phenomena such as the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-border Insolvency and Cross-border Insolvency Agreements (also known as Protocols) within the context of developing laws on international commercial transactions. First it briefly describes the evolution of the international commercial law (sometimes known as the law merchant) to provide a context to understanding the international commercial responses to the problems created by cross-border insolvencies. Next, it outlines the range of approaches being adopted by States and multilateral bodies in recent decades to resolve cross-border insolvency issues. Finally it draws some preliminary conclusions on the potential implication of this transnationalisation process and broader international commercial law perspective, in particular on the capacity of Cross-Border Insolvency Agreements to address cross-border insolvency issues.",21,2,105,126,Economics; Law and economics; Law; Commission; International commercial law; International trade law; Context (language use); Cross-border insolvency; Insolvency,,,,,https://onlinelibrary.wiley.com/doi/abs/10.1002/iir.1199 https://eprints.qut.edu.au/54344/ https://core.ac.uk/download/10913786.pdf,http://dx.doi.org/10.1002/iir.1199,,10.1002/iir.1199,2128256514,,0,010-728-425-615-938; 012-597-004-224-563; 013-070-310-807-631; 017-921-380-599-944; 022-817-125-232-409; 023-643-218-968-529; 052-592-103-778-826; 056-197-633-923-379; 057-914-667-069-743; 063-486-376-908-147; 064-203-204-281-118; 066-730-876-624-213; 075-881-607-240-742; 094-544-852-198-551; 096-677-690-052-50X; 118-176-520-281-490; 126-764-904-577-777; 129-038-187-212-822; 141-635-863-211-295; 144-592-161-957-801; 148-982-321-111-389,7,true,,
006-332-430-847-21X,The Law of Obligations in Scots Law,,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Hector MacQueen,"A historical study of the structure of the law of obligations in Scots law, with especial reference to the law of contract.",,,,,Sources of law; Business; Comparative law; Public law; Law; Law of obligations; Civil law (common law); Private law; Commercial law; Municipal law,,,,,https://www.pure.ed.ac.uk/ws/files/14181894/SSRN_id2345274.pdf https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2345274 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2345274_code941689.pdf?abstractid=2345274&mirid=3 https://ssrn.com/abstract=2345274 https://core.ac.uk/display/28974825 https://www.research.ed.ac.uk/en/publications/the-law-of-obligations-in-scots-law-2 https://www.research.ed.ac.uk/portal/files/14181894/SSRN_id2345274.pdf https://core.ac.uk/download/28974825.pdf,http://dx.doi.org/10.2139/ssrn.2345274,,10.2139/ssrn.2345274,2100924499,,0,003-278-915-376-782; 005-777-589-521-161; 006-294-768-294-654; 007-749-707-217-342; 020-453-651-700-236; 025-969-785-115-832; 026-502-557-261-122; 027-714-354-416-842; 028-012-176-864-537; 028-536-441-260-433; 031-374-578-114-84X; 057-561-848-595-952; 073-995-517-960-263; 076-247-541-795-259; 081-936-207-328-211; 089-051-300-362-978; 113-078-328-865-057; 129-950-041-239-729; 144-227-187-840-702; 156-809-679-766-612; 164-991-088-564-035; 182-774-110-091-302; 183-517-613-963-976; 187-574-705-516-213,0,true,,green
006-343-878-335-013,Free-Riding and Luxury Brands on the Internet,2014-03-24,2014,journal article,International Business Research,19139012; 19139004,Canadian Center of Science and Education,,Olivier Bomsel,"Luxury is a complex industrial activity whose products combine strong vertical differentiation and a meaning value for the consumer. Luxury offers experiences, the economy of which is based on signalling. This gives rise to intense intangible investment internalized by trademark law and vertical restraints in distribution. However, the extent of the added value and the power of externalities associated with communication generate many sources of free-riding.; ; Using the tools of industrial economics, this article analyses how the digitization of information and transactions creates new forms of free-riding in relation to luxury brands. Identifying vertical disintegration as a major source of free-riding, it calls for improved internalization of the enforcement of trademark law by all players in the digital value chain.",7,3,60,71,Advertising; Business; Externality; Value (economics); Trademark; Enforcement; Vertical restraints; Vertical disintegration; Commerce; Added value; Free riding,,,,,https://www.ccsenet.org/journal/index.php/ibr/article/view/34597 https://hal.archives-ouvertes.fr/hal-01110929 https://ccsenet.org/journal/index.php/ibr/article/download/34597/19743 https://hal.archives-ouvertes.fr/hal-01110929/document,http://dx.doi.org/10.5539/ibr.v7n3p60,,10.5539/ibr.v7n3p60,2033659067,,0,008-693-134-968-507; 010-077-342-172-936; 013-908-974-407-354; 015-413-040-316-545; 017-166-424-652-094; 022-473-675-055-527; 031-535-038-571-155; 053-429-203-633-954; 074-570-982-735-750; 081-482-833-311-405; 092-824-540-063-205,4,true,cc-by,gold
006-455-676-553-422,Criminal Sanctions for Cartel Behaviour,2008-12-01,2008,journal article,QUT Law Review,22017275; 22050507,Queensland University of Technology,,Anthony Gray,The proposed new rules with regards to the Trade Practices Amendment (Cartel Conduct and Other Measures) are discussed. The need for criminalization of cartel behavior in Australia is a must as it is economically detrimental to society.,8,2,364,,Publishing; Project commissioning; Political science; Law; Sanctions; Cartel; Criminalization,,,,,https://core.ac.uk/display/11038247 https://eprints.usq.edu.au/5043/1/Gray_QUT_Law_and_Justice_J_v8n2_VoR.pdf https://lr.law.qut.edu.au/article/download/48/47 https://paperity.org/p/78561133/criminal-sanctions-for-cartel-behaviour https://eprints.usq.edu.au/5043/ https://search.informit.com.au/documentSummary;dn=723506308323141;res=IELHSS http://eprints.usq.edu.au/5043/ https://core.ac.uk/download/11038247.pdf,http://dx.doi.org/10.5204/qutlr.v8i2.48,,10.5204/qutlr.v8i2.48,1652505315,,0,,1,true,cc-by,gold
006-560-077-573-602,Towards Context-Specific Directors' Duties and Enforcement Mechanisms in the Banking Sector?,,2013,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Wasima Khan,"markdownabstract__Abstract__; ; The global financial crisis gives reason to revisit the debate on directors’ duties in corporate law, mainly with regard to the context of banks. This article explores the need, rationale and the potential for the introduction of context-specific directors’ duties and enforcement mechanisms in the banking sector in the Netherlands from a comparative perspective.; ; Chiefly, two legal strategies can be derived from the postcrisis developments and calls for legal reforms for the need and rationale to sharpen directors’ duties in the context of the banking sector in order to meet societal demands. The two strategies consist in shifting the scope of directors’ duties (i) towards clients’ interests and (ii) towards the public interest.; ; Subsequently, this article explores the potential for contextspecific directors’ duties and accompanying enforcement mechanisms. Firstly, it is argued that the current legal framework allows for the judicial development-specific approach. Secondly, such context-specific directors’ duties should be enforced through public-enforcement mechanisms to enhance the accountability of bank directors towards the public interest but currently there are too much barriers for implementation in practice.; ; In conclusion, this article argues that there is indeed a need, rationale and potential for context-specific directors’ duties; yet there are several major obstacles for the implementation of accompanying public-enforcement mechanisms. As a result, the introduction of context-specific directors’ duties in the banking sector may as yet entail nothing more than wishful thinking because it will merely end in toothless ambitions if the lack of accompanying enforcement mechanisms remains intact.",6,2,93,110,Business; Law and economics; Corporate law; Accountability; Public interest; Directors' duties; Financial crisis; Enforcement; Context (language use); Wishful thinking,,,,,https://repub.eur.nl/pub/51401 https://www.elevenjournals.com/tijdschrift/ELR/2013/2/ELR-D-13-00005 https://repub.eur.nl/pub/51401/ELR_2013_02_003__cropped_.pdf https://www.narcis.nl/publication/RecordID/oai%3Arepub.eur.nl%3A51401 http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2013/2/ELR-D-13-00005 http://www.erasmuslawreview.nl/tijdschrift/ELR/2013/2/ELR-D-13-00005 https://www.bjutijdschriften.nl/tijdschrift/ELR/2013/2/ELR-D-13-00005 http://test.tijdschriften.budh.nl/tijdschrift/ELR/2013/2/ELR-D-13-00005 https://core.ac.uk/download/43326663.pdf,http://dx.doi.org/10.5553/elr.000002,,10.5553/elr.000002,3123886854,,0,,0,true,cc-by-nc-sa,gold
006-767-614-542-173,What's in a Name? Shifting Identities of Traditional Organized Crime in Canada in the Transnational Fight against the Calabrian ‘Ndrangheta,,2018,journal article,Canadian Journal of Criminology and Criminal Justice,17077753; 19110219,University of Toronto Press Inc. (UTPress),Canada,Anna Sergi,"The Italian antimafia authorities have warned Canadian law enforcement about the risks and the growing concerns for the infiltration of clans of the Calabrian mafia, known as ‘ndrangheta, in Eastern Canada. The alarm linked to the rise of the ‘ndrangheta challenges the paradigms of traditional organized crime in Canada, because the ‘ndrangheta is presented as traditional but also innovative and more pervasive than other mafia-type groups. Through access to confidential investigations and interviews to key specialist law enforcement teams in Toronto and Montreal, this article investigates today's institutional perception of mafia – the ‘ndrangheta in particular – in Canada when compared to Italian conceptualizations. I will argue that the changes in narratives in Canada can be read in relation to changes in the Italian identity in the country, moving towards regionalization and specialist knowledge of ethnic differences.",60,4,427,454,Ethnic group; Political science; Narrative; Organised crime; Identity (social science); Law enforcement; Clan; Confidentiality; Criminology,,,,,http://repository.essex.ac.uk/22202/ https://muse.jhu.edu/article/691204 https://utpjournals.press/doi/abs/10.3138/cjccj.2017-0052.r1 https://core.ac.uk/display/159108072 https://core.ac.uk/download/159108072.pdf,http://dx.doi.org/10.3138/cjccj.2017-0052.r1,,10.3138/cjccj.2017-0052.r1,2798069249,,0,004-235-517-473-84X; 005-374-012-476-419; 009-446-882-933-922; 010-461-361-880-539; 011-690-789-071-930; 013-216-455-418-986; 016-886-551-684-194; 023-930-025-369-660; 025-670-102-176-462; 031-510-521-869-102; 038-140-110-072-499; 040-613-093-640-130; 046-167-100-842-824; 046-202-382-562-53X; 050-151-721-478-349; 058-272-673-394-600; 064-974-683-472-119; 075-030-952-221-336; 076-883-608-157-727; 089-926-103-731-155; 090-793-233-387-187; 092-913-800-153-667; 096-433-746-709-216; 105-228-785-682-855; 109-057-846-232-949; 117-524-581-170-796; 124-748-796-247-013; 130-816-723-690-89X; 133-547-364-718-390; 137-157-633-751-925; 138-948-300-256-181; 144-613-719-274-04X; 159-770-653-125-677; 161-759-656-616-628; 165-049-964-571-272; 184-838-906-246-704; 199-949-859-541-036,8,true,,green
006-771-662-225-174,Auditor Involvement With Law Enforcement Agencies: A Specialized Niche,2011-03-07,2011,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Arthur F. Hintz; Michael W. Fedoryshyn,"With over 18,000 state and local law enforcement agencies in the United States, opportunities exist for auditors to assist police agencies design and implement effective and efficient procedures for control of cash and other properties. Auditor involvement can improve police performance and help maintain public confidence in the police department’s ability to serve and protect the public interest. The article discusses how auditors can provide a valuable service to police agencies by improving the agencies’ internal control over assets entrusted to them as evidence in criminal cases or to aid in their fight against crime. It discusses the needed audit procedures for such an engagement. The article also discusses the special audit procedures for police agencies, which are involved in the Federal Asset Forfeiture Program.",1,12,,,Accounting; Business; Audit; Control (management); State (polity); Public interest; Asset forfeiture; Cash; Law enforcement; Public relations; Service (economics),,,,,https://www.cluteinstitute.com/ojs/index.php/IBER/article/view/4008/4061 https://core.ac.uk/download/pdf/268107404.pdf,http://dx.doi.org/10.19030/iber.v1i12.4008,,10.19030/iber.v1i12.4008,56970927,,0,097-416-968-699-086,0,true,,bronze
006-836-901-101-49X,Back to The Bremen (1972): Forum Selection and Worldmaking,,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Jacco Bomhoff,"The US Supreme Court’s 1972 decision in The Bremen v. Zapata Off-Shore Co. is widely seen as a landmark in the law of jurisdictional party autonomy. Where earlier American courts had rejected forum-selection clauses as ‘ousters’ of jurisdiction and therefore as against public policy, the Supreme Court now firmly came out in their favour, and Chief Justice Burger’s resounding rejections of ‘parochialism’ in his opinion for the court have often been cited since. This brief Comment revisits the decision, arguing that The Bremen should be understood not as a mere statement of principle or change in doctrine, but as a particularly striking instance of worldmaking. The Comment discusses in particular: (a) the constructive roles of ‘scale’ and scalar modulation as techniques of worldmaking, and (b) some paradoxes in the character of the world of private party autonomy that the decision helped imagine and make real.",,,,,Public policy; Political science; Law; Parochialism; Doctrine; Jurisdiction; Supreme court; Constructive; Autonomy,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3143982 https://www.ssrn.com/abstract=3143982 https://core.ac.uk/download/155777516.pdf,http://dx.doi.org/10.2139/ssrn.3143982,,10.2139/ssrn.3143982,2802591901,,0,045-812-454-415-224; 091-747-566-273-056,2,true,,green
007-021-311-923-097,Clearing the Air: How an Effective Transparency Policy Can Help the U.S. Meet its Paris Agreement Promise,2017-03-29,2017,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Hannah L. Baldwin,<jats:p>N/A</jats:p>,35,1,,,Accounting; Clearing; Business; Transparency (behavior); Public administration,,,,,https://jlc.law.pitt.edu/ojs/jlc/article/view/115 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/115/108 https://core.ac.uk/download/296521743.pdf,http://dx.doi.org/10.5195/jlc.2016.115,,10.5195/jlc.2016.115,2602932650,,0,,0,true,cc-by-nc-nd,gold
007-376-103-486-50X,Keeping Monks in Their Place,2016-01-22,2016,journal article,Asian Journal of Law and Society,20529015; 20529023,Cambridge University Press (CUP),United Kingdom,Tomas Larsson,"This essay explores the extent to which Thailand’s secular legal system reinforces the imagined divide, common in Thai Buddhist conceptions of society, between a “worldly” sphere and the “religious” sphere of the sangha (order of monks). It asks: How far does secular Thai law exclude clergy from the “unmonkly” domains of politics and commerce? It shows that there is a striking discrepancy between the systematic way in which secular Thai law has kept monks from formally participating in “politics” and the rather more permissive way in which it has facilitated participation by the monkhood in the sphere of “commerce.” The essay concludes with some reflections on this finding and the questions it raises.",3,1,17,28,Permissive; Political science; Law and economics; Order (business); Development economics; Buddhism; Politics,,,,,https://www.cambridge.org/core/journals/asian-journal-of-law-and-society/article/abs/keeping-monks-in-their-place/E2C54C5FB6AE2B1A33367B1AB2CDE449 https://core.ac.uk/download/pdf/35279632.pdf,http://dx.doi.org/10.1017/als.2015.22,,10.1017/als.2015.22,2290249269,,0,007-835-451-607-363; 012-596-598-043-801; 029-118-673-331-936; 030-465-064-565-835; 040-899-137-650-768; 041-697-574-423-513; 044-103-177-624-854; 049-695-224-170-765; 056-737-335-923-965; 069-009-240-610-268; 082-569-007-495-810; 089-084-293-964-903; 122-529-852-527-368; 152-333-624-506-438; 156-669-158-674-585; 175-030-190-022-220; 178-324-267-199-853,8,true,,green
007-377-613-431-933,Illegal Traffic in Women: A Civil RICO Proposal,,1987,journal article,The Yale Law Journal,00440094,JSTOR,United States,Lan Cao,"For thousands of years, it has been regulated, reviled, and criminalized, yet it remains a deeply entrenched and pervasive institution in our society. Despite its ubiquitous presence, prostitution and the problems associated with it?the violence, abuse, and degradation of women?remain invisible to and low priorities for the nation's law enforcement agencies. Invisibility, paradoxically, is even more pronounced in cases of forced prostitu? tion.1 This Note first examines the nature of forced prostitution and the",96,6,1297,,Political science; Racketeer Influenced and Corrupt Organizations Act; Law enforcement; Forced prostitution; Institution; Racketeering; Invisibility; Criminology,,,,,https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7079&context=ylj https://digitalcommons.law.yale.edu/ylj/vol96/iss6/4/ https://digitalcommons.chapman.edu/law_articles/439/ https://scholarship.law.wm.edu/facpubs/331/ https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1352&context=facpubs http://www.justice.gov.il/Units/Trafficking/MainDocs/Illegal%20Traffic%20in%20Women-%20A%20Civil%20RICO%20Proposal.pdf http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1352&context=facpubs,http://dx.doi.org/10.2307/796387,,10.2307/796387,3121526763,,0,,10,true,,green
007-530-615-683-972,State Oversight of Nonprofit Governance: Confronting the Challenge of Mission Adherence Within a Multi-dimensional Standard,2013-10-25,2013,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Mark S. Blodgett; Linda J. Melconian; Jason H. Peterson,State Oversight of Nonprofit Governance: Confronting the Challenge of Mission Adherence Within a Multi-dimensional Standard,32,1,80,108,Business; State (polity); Multi dimensional; Public administration; Corporate governance; Public relations,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/59 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/59/64 https://core.ac.uk/download/pdf/296521683.pdf,http://dx.doi.org/10.5195/jlc.2013.59,,10.5195/jlc.2013.59,1986297896,,0,,0,true,cc-by-nc-nd,gold
007-559-323-256-732,The Original Meaning of the Commerce Clause,,2001,journal article,The University of Chicago Law Review,00419494,JSTOR,United States,Randy E. Barnett,"The U& Supreme Court, in recent cases; has attempted to define limits on the Congress\u27s power to regulate commerce among the several states. While Justice Thomas has maintained that the original meaning of  commerce  was limited to the  trade and exchange  of goods and transportation for this purpose, some have argued that he is mistaken and that  commerce  originally included any  gainful activity.  Having examined every appearance of the word  commerce in the records of the Constitutional Convention, the ratification debates and the Federalist Papers, Professor Barnett finds no surviving example of this term being used in this broader sense. In every appearance where the context suggests a specific usage, the narrow meaning is always employed. Moreover, originalist evidence of the meaning of  among the several States  and  To regulate also supports a narrow reading of the Commerce Clause.  Among the several States  meant between persons of one state and another, and  To regulate  generally meant  to make regular  - that is, to specify how an activity may be transacted - when applied to domestic commerce, but when applied to foreign trade also included the power to make  prohibitory regulation.  In sum, according to the original meaning of the Commerce Clause, Congress has power to specify rules to govern the manner by which people may exchange or trade goods front one state to another, to remove obstructions to domestic trade erected by state; and to both regulate and restrict the flow of goods to and from other nations (and the Indian tribes) for the purpose of promoting the domestic economy and foreign trade",68,1,2,,Dormant Commerce Clause; Political science; Public law; Constitutional law; Law; Commerce Clause; Original meaning; Free trade; Judicial review,,,,,https://chicagounbound.uchicago.edu/uclrev/vol68/iss1/2/ https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1504&context=facpub https://core.ac.uk/display/70373942 https://www.academia.edu/62542117/The_Original_Meaning_of_the_Commerce_Clause https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=5074&context=uclrev https://scholarship.law.georgetown.edu/facpub/509/ https://core.ac.uk/download/70373942.pdf,http://dx.doi.org/10.2307/1600443,,10.2307/1600443,122248381,,0,,26,true,,green
007-680-251-354-935,BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES,2013-04-09,2013,journal article,International and Comparative Law Quarterly,00205893; 14716895,Cambridge University Press (CUP),United Kingdom,Pablo Cortés; Fernando Esteban de la Rosa,"This article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.",62,02,407,440,Dispute resolution; Alternative dispute resolution; Business; Arbitration; Online dispute resolution; Dispute mechanism; Law; Redress; Enforcement; Consumer protection,,,,,https://digibug.ugr.es/handle/10481/33306 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589313000109 https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/building-a-global-redress-system-for-lowvalue-crossborder-disputes/27F3D2DF3C29EC502537874905779CDB https://digibug.ugr.es/bitstream/10481/33306/1/PC%20and%20FER.%20ICLQ.pdf,http://dx.doi.org/10.1017/s0020589313000109,,10.1017/s0020589313000109,2076619772,,0,001-260-786-150-294; 007-187-878-731-520; 010-326-317-570-304; 012-811-485-129-405; 014-336-438-889-666; 016-093-687-333-350; 021-711-841-874-398; 023-017-792-208-147; 024-926-046-591-126; 027-039-734-934-549; 027-247-608-647-369; 038-499-775-546-59X; 055-920-204-430-895; 060-887-941-632-357; 067-027-342-797-461; 069-342-916-500-27X; 070-023-964-039-737; 077-031-689-584-320; 077-453-651-886-729; 079-479-931-457-361; 081-402-442-945-512; 086-085-220-785-213; 089-401-042-052-746; 096-959-310-919-892; 101-144-562-306-779; 105-364-644-188-331; 112-358-113-783-273; 118-676-396-208-106; 119-244-046-872-469; 119-818-510-063-703; 120-117-831-292-48X; 126-931-783-749-434; 128-219-198-490-816; 128-540-266-285-891; 130-423-245-580-217; 130-799-089-822-83X; 134-249-854-942-601; 140-356-230-234-667; 148-720-372-653-460; 167-336-446-919-616; 168-784-081-408-99X; 169-152-412-589-352; 181-135-107-342-02X; 184-693-238-528-786; 185-114-359-730-179; 192-244-778-512-335; 193-815-099-469-542,26,true,cc-by-nc-nd,green
007-852-858-853-640,Implementation failures in the use of two New Zealand laws to control the tobacco industry: 1989–2005,2005-12-14,2005,journal article,Australia and New Zealand health policy,17438462,BioMed Central,United Kingdom,George Thomson; Nick Wilson,"We reviewed the implementation of New Zealand laws in relation to the activities of the tobacco industry and their allies. Material for two brief case studies was obtained from correspondence with official agencies, official information requests, internet searches (tobacco industry documents and official government sites), and interviews with 12 key informants. The first case study identified four occasions over a period of 14 years where New Zealand Government agencies appeared to fail to enforce consumer protection law, although apparent breaches by the tobacco industry and their allies had occurred in relation to statements on the relative safety of secondhand smoke. The second case study examined responses to a legal requirement for the tobacco industry to provide information on tobacco additives. There was failure to enforce the law, and a failure of the political process for at least 13 years to clarify and strengthen the law. Relevant factors in both these cases of 'policy slippage' appear to have been financial and opportunity costs of taking legal action, political difficulties and the fragmented nature of government structures. Considered together, these case studies suggest the need for governments to: (i) make better use of national consumer laws (with proper monitoring and enforcement) in relation to tobacco; and (ii) to strengthen international law and resources around tobacco-related consumer protection. A number of options for achieving these aims are available to governments.",2,1,32,32,Government; Social policy; Law; Enforcement; Tobacco control; Tobacco industry; Consumer protection; International law; Medicine; Politics,,,,NCI NIH HHS (R01 CA087110) United States,https://link.springer.com/content/pdf/10.1186%2F1743-8462-2-32.pdf https://link.springer.com/article/10.1186%2F1743-8462-2-32 https://www.publish.csiro.au/nid/277/display/citation/paper/HP050232.htm https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1325239/ http://europepmc.org/articles/PMC1325239 https://anzhealthpolicy.biomedcentral.com/articles/10.1186/1743-8462-2-32 https://www.publish.csiro.au/HP/HP050232 https://www.otago.ac.nz/wellington/otago023025.pdf https://core.ac.uk/download/pdf/3839028.pdf,http://dx.doi.org/10.1186/1743-8462-2-32,16354296,10.1186/1743-8462-2-32,2141163722,PMC1325239,0,002-283-513-052-486; 004-906-023-733-669; 005-604-666-807-88X; 005-954-810-957-47X; 006-063-754-221-245; 006-318-776-911-804; 007-090-975-124-65X; 008-250-417-006-778; 008-798-294-320-284; 009-277-709-121-272; 011-224-067-015-023; 013-513-110-544-398; 013-850-311-111-57X; 017-201-888-977-437; 018-066-282-412-156; 018-395-963-630-148; 022-881-962-031-985; 023-418-371-753-320; 024-167-098-778-553; 024-299-035-330-780; 025-364-845-222-92X; 025-556-864-408-777; 026-142-652-410-45X; 027-309-435-987-912; 027-432-193-084-684; 028-643-830-753-163; 031-869-805-778-617; 033-235-866-614-630; 034-814-734-617-381; 040-678-721-270-263; 041-012-167-145-566; 045-228-055-311-513; 046-871-694-423-705; 050-103-055-133-069; 050-536-419-572-85X; 051-912-901-487-621; 055-406-499-658-026; 064-821-679-460-740; 077-610-757-934-270; 084-233-757-537-964; 088-312-265-550-119; 096-885-885-824-924; 108-722-256-747-804; 116-967-106-005-640; 121-925-211-620-720; 130-346-568-101-034; 151-694-160-591-212; 186-755-723-762-254,8,true,cc-by,hybrid
007-871-463-497-657,Avoiding Cybercrime Pandemic in Cashless Society using HMM,2012-12-18,2012,journal article,International Journal of Computer Applications,09758887,Foundation of Computer Science,,Abdulrahman Abdulganiyu; Aliyu Y. Badeggi; Usman M. Gana,"Internet fraudulent activities are increasing dramatically in the availability of technology resources like telecommunication networks, mobile communications, and E-commerce. Fraud is a major problem in electronic payment systems. With this increased availability has come a new form of criminal activity that takes advantage of electronic payment system, namely cybercrime, mobile-crime, SIM-crime and computer fraud. Currently, these new forms of crime are burgeoning and pose a new and challenges to researchers,merchant, customers and the law enforcement agencies. In this paper we discus types of electronic payment, we propose an effective method of detecting and preventing unauthorized cybercriminals from gaining access to several devices and technologies used in electronics payment by using Hidden Markov Model, also we take care not to prevent genuine transaction not to be rejected.",60,7,35,43,The Internet; Payment; Payment system; Cybercrime; Law enforcement; Computer security; Computer science; Computer fraud; Database transaction; Mobile telephony,,,,,https://www.ijcaonline.org/archives/volume60/number7/9706-4157 https://research.ijcaonline.org/volume60/number7/pxc3884157.pdf,http://dx.doi.org/10.5120/9706-4157,,10.5120/9706-4157,2117737095,,1,008-702-621-691-21X; 018-306-850-690-315; 034-863-918-581-134; 038-340-711-646-765; 049-890-678-110-12X; 058-429-745-339-452; 069-922-954-234-276; 097-485-318-728-585; 104-685-253-878-117; 128-951-825-374-329; 142-885-849-364-496; 146-521-782-058-301; 161-340-512-265-168; 162-493-938-544-969; 192-612-372-354-476,1,true,,bronze
007-876-927-271-318,The Rate-Making Process,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Wendell Berge,"Since 1943 a great deal has been said and written concerning the function of rate bureaus and conferences in the making of rates to be charged for common carrier transportation service. Defenders of the rate bureaus have frequently maintained that the present system of rate conferences must be preserved or chaos and confusion will reign in the making of transportation rates. These claims are made in response to charges set forth in suits by the Federal Government and the State of Georgia that railroad rate bureaus were being operated in contravention of the Sherman Act.1 In the Seventy-eighth, Seventy-ninth, and Eightieth Congresses bills were introduced to exempt interstate carriers regulated by the Interstate Commerce Commission from the application of the antitrust laws.2 On occasion the Department of Justice has been vigorously criticized for bringing a suit to enforce the antitrust laws in an area in which it is urged that the Interstate Commerce Commission should have exclusive jurisdiction. The assertion is made that interference with the present method of operation of rate bureaus and conferences would be disastrous because the rate-bureau procedure is absolutely necessary and cannot be changed if the carriers are to comply with the Interstate Commerce Act.",12,3,449,469,Economic Justice; Business; Government; Law; Commission; State (polity); Exclusive jurisdiction; Contravention; Rate making; Common carrier,,,,,http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2315&context=lcp https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2315&context=lcp https://www.jstor.org/stable/1190038 https://core.ac.uk/display/62557670 https://core.ac.uk/download/62557670.pdf,http://dx.doi.org/10.2307/1190038,,10.2307/1190038,1843201612,,0,,1,true,,
007-881-406-346-245,Effect of drug law enforcement on drug market violence: a systematic review.,,2011,journal article,The International journal on drug policy,18734758; 09553959,Elsevier,Netherlands,Dan Werb; Greg Rowell; Gordon H. Guyatt; Thomas Kerr; Julio S. G. Montaner; Evan Wood,,22,2,87,94,Sociology; Human factors and ergonomics; Social work; Qualitative research; Law; PsycINFO; Context (language use); Law enforcement; Poison control; Homicide; Criminology,,"Commerce/legislation & jurisprudence; Drug and Narcotic Control/legislation & jurisprudence; Firearms; Homicide; Humans; Illicit Drugs/economics; Law Enforcement; Linear Models; Models, Theoretical; Policy Making; Violence/economics",Illicit Drugs,Canadian Institutes of Health Research (RAA-79918) Canada,https://www.ijdp.org/article/S0955-3959(11)00022-3/fulltext https://www.hri.global/files/2011/03/25/ICSDP_Violence_and_Enforcement_Report_March_2011.pdf https://www.ncbi.nlm.nih.gov/pubmed/21392957 http://www.ihra.net/files/2011/03/25/ICSDP_Violence_and_Enforcement_Report_March_2011.pdf https://europepmc.org/article/MED/21392957 https://pubmed.ncbi.nlm.nih.gov/21392957/ https://www.ncbi.nlm.nih.gov/pubmed/21392957?share=linkedin&nb=1 https://www.sciencedirect.com/science/article/pii/S0955395911000223,http://dx.doi.org/10.1016/j.drugpo.2011.02.002,21392957,10.1016/j.drugpo.2011.02.002,2122118237,,0,000-114-394-340-214; 000-690-163-737-439; 004-662-671-640-77X; 004-902-013-830-096; 005-691-662-704-734; 006-572-293-005-245; 007-388-004-537-760; 010-170-433-334-271; 011-873-011-473-295; 012-768-270-107-398; 014-685-497-505-322; 014-885-290-774-804; 016-052-571-352-225; 016-589-296-818-341; 017-300-737-144-757; 019-675-701-365-260; 023-152-521-628-686; 023-640-016-816-689; 024-823-975-651-101; 026-113-622-046-615; 026-502-370-763-421; 027-389-169-974-731; 035-895-151-950-039; 036-607-657-010-025; 041-500-692-462-159; 045-378-319-259-08X; 051-347-900-383-522; 052-173-719-990-503; 057-877-022-276-155; 060-051-881-158-031; 064-355-512-495-17X; 064-596-329-827-014; 083-275-795-865-394; 087-637-633-640-214; 089-711-161-132-179; 092-259-916-826-137; 093-168-055-525-887; 102-201-788-929-578; 110-168-327-706-089; 115-698-094-717-173; 123-630-561-143-084; 123-905-202-225-109; 129-299-583-732-77X; 134-811-206-142-716; 135-274-381-783-057; 136-515-709-972-54X; 139-915-694-390-206; 142-889-721-394-221; 161-156-386-041-285; 165-530-450-238-043; 168-059-883-715-412; 172-424-884-416-69X; 174-786-246-268-048; 176-541-678-310-657; 180-460-940-378-594; 186-783-278-487-546; 191-318-407-752-850; 192-456-548-253-512,202,false,,
007-955-530-500-835,The Unimportance of being “electronic” or – popular misconceptions about “Internet contracting”,2011-09-12,2011,journal article,International Journal of Law and Information Technology,09670769; 14643693,Oxford University Press (OUP),United Kingdom,Eliza Mik,"Existing e-commerce literature abounds with misconceptions regarding both technology and contract law. Long-standing legal concepts are adorned with 'e-' or 'cyber-' to appear more exciting. The traditional contractual regime is supplanted with new principles instead of being supplemented with technological considerations. It is one thing, to include technology in legal analyses, it is another to create separate, technology-specific categories. Separate categories justify the departure from traditional principles. Most, if not all, alleged 'challenges' created by new communication scenarios fit within the existing legal framework, technological complexity and novelty of the Internet notwithstanding. Most 'challenges' are also unrelated to the fact that transactions are concluded on the Internet or with electronic means. The new transacting environment frequently exacerbates pre-existing difficulties, but does not necessarily create them. It is probably too late to abandon popular terminology. It is not too late, however, to recognize its limited implications.",19,4,324,347,Internet privacy; The Internet; Business; Novelty; Electronic contracting; Terminology; E-commerce,,,,,https://works.bepress.com/elizamik/18/download/ https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3015&context=sol_research https://ink.library.smu.edu.sg/sol_research/1063/ https://academic.oup.com/ijlit/article-abstract/19/4/324/707792/The-Unimportance-of-being-electronic-or-popular https://works.bepress.com/elizamik/18/ https://dblp.uni-trier.de/db/journals/ijlit/ijlit19.html#Mik11 https://academic.oup.com/ijlit/article/19/4/324/707792 https://core.ac.uk/download/13243984.pdf,http://dx.doi.org/10.1093/ijlit/ear011,,10.1093/ijlit/ear011,3121596184,,0,,3,true,cc-by-nc-nd,green
008-021-484-739-278,The Cosson Laws,,1950,journal article,The Annals of Iowa,00034827; 24739006,The University of Iowa,,George Cosson,,30,3,159,174,Law,,,,,https://paperity.org/p/216786586/the-cosson-laws https://pubs.lib.uiowa.edu/annals-of-iowa/article/id/5506/ http://ir.uiowa.edu/annals-of-iowa/vol30/iss3/2/ https://ir.uiowa.edu/annals-of-iowa/vol30/iss3/2/ https://core.ac.uk/download/61071139.pdf,http://dx.doi.org/10.17077/0003-4827.7094,,10.17077/0003-4827.7094,264848270,,0,,0,true,,
008-320-206-293-288,Sound Rules and Administration in Arbitration,,1934,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,J. Noble Braden,"HacZards of Arbitration Without Rutles and Administration No lawyer would think of practising in a court without first ascertaining and learning its rules of practice and procedure. Still less would one consider appearing before a court which had no rules; and imagine the embarrassment of the practitioner if that omniscient official, the clerk of the court, suddenly vanished from the scene. The practice of law would perhaps be more exhilarating, but it would certainly be an unreliable, unpredictable and unsatisfactory proceeding. Yet arbitration without regulation and without an adequate agency to administer these procedural regulations is just as unreliable. Modern laws aiming to promote the use of arbitration have been criticised on the ground that an unusually large number of arbitration cases have found their way into the courts. It is argued by critics adopting this attack that in place of litigation alone, the modern arbitration acts simply substitute arbitration plus litigation. The criticism may have some merit, but a large percentage of the cases which have reached the courts were those in which the parties had adopted no rules of procedure, or rules that were inadequate, and had provided no administration for the arbitration proceeding. It is submitted that had adequate rules and administration been available, many of these cases would not have been the subject of litigation. A committee composed of leading members of the New York Bar reported recently that in a survey of one thousand lawyers, selected at random, approximately three-quarters of them were favorable to arbitration but used it infrequently because of their lack of familiarity with it.' Arbitration is not a panacea; neither is any other reform. Who would attempt to embark upon a new business venture without becoming acquainted with its customs and its possibilities? Who would attempt seriously to play a game without first learning the rules? An examination will show that to embark on an arbitration without rules is no less hazardous than to undertake any other venture under similar circumstances. Arbitration is more than a substitute for trial-more than a method of determining business disputes.2 To serve its true purpose, it must provide expert judges to determine the facts speedily and dispose inexpensively of",83,2,189,,Agency (sociology); Business; Arbitration; Law; Panacea (medicine); Embarrassment; Practice of law; Subject (philosophy); Administration (probate law); Criticism,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol83/iss2/6/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8697&context=penn_law_review https://core.ac.uk/download/151690085.pdf,http://dx.doi.org/10.2307/3308193,,10.2307/3308193,779518784,,0,,0,true,,green
008-714-685-141-696,Reflection and perfection of the food recall system in China,,2010,journal article,Agriculture and Agricultural Science Procedia,22107843,Elsevier BV,,Yun Zhang,"Abstract In light of the deficiencies exist in current Chinese food recall system, it is essential to set up an effective mode by a single government agency to undertake the main responsibility of food recall regulations and enforcement. The agency will consist of four departments to conduct the supervision on food recall. In addition, it is necessary to strengthen the administrative liability of food producers in violation of food recall regulation and to establish a reserved fund system on food recall.",1,,483,487,Recall; Agency (sociology); Business; Government; Marketing; Set (psychology); China; Perfection; Liability; Enforcement; Public relations,,,,,https://www.sciencedirect.com/science/article/pii/S2210784310000628 http://www.sciencedirect.com/science/article/pii/S2210784310000628 https://core.ac.uk/display/82304839 https://core.ac.uk/download/pdf/82304839.pdf,http://dx.doi.org/10.1016/j.aaspro.2010.09.061,,10.1016/j.aaspro.2010.09.061,2153142751,,0,,2,true,cc-by-nc-nd,hybrid
008-802-994-317-034,Data protection and European private international law,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Maja Brkan,"The objective of this working paper is to point out actual and potential obstacles to effective protection of the fundamental right to data protection, created by rules on jurisdiction and applicable law, and to put forward solutions for removing those obstacles with regard to data protection. More precisely, the working paper first elaborates on categories of litigation in the field of data protection in order to identify potential claimants, defendants and competent administrative and judicial authorities that may decide on those remedies. Furthermore, building upon these categories of litigation, the working paper seeks to determine jurisdictional issues regarding data protection litigation within the EU, elaborating concretely on potential competent courts in case a data subject wants to file a private enforcement claim against a controller processing his personal data. Finally, the working paper addresses issues of applicable law in data protection litigation, dealing with questions such as the possibility of agreements on applicable law, the questions of applicable law if the controller is situated within the EU and the questions of extraterritorial application of EU data protection law if the controller is established outside of the EU. The working paper concludes with final remarks on the above issues.",,,,,Political science; Public law; Law; Jurisdiction; Enforcement; General Data Protection Regulation; Data Protection Directive; Conflict of laws; Data Protection Act 1998; Municipal law,,,,,https://core.ac.uk/display/45685773 https://cadmus.eui.eu/handle/1814/36335 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2631116_code2172473.pdf?abstractid=2631116&mirid=1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2631116 https://cris.maastrichtuniversity.nl/en/publications/data-protection-and-european-private-international-law https://www.ssrn.com/abstract=2631116 https://www.narcis.nl/publication/RecordID/oai%3Acris.maastrichtuniversity.nl%3Apublications%2Fb76bf565-c54e-468f-947e-2273147cd375 https://core.ac.uk/download/pdf/45685773.pdf,http://dx.doi.org/10.2139/ssrn.2631116,,10.2139/ssrn.2631116,850266965,,0,000-684-006-740-289; 003-099-603-965-146; 024-173-128-450-139; 036-925-976-577-524; 038-829-499-289-986; 039-221-512-220-328; 084-294-807-378-965; 106-305-002-184-976; 112-571-917-555-674; 132-195-816-362-135; 135-781-519-170-816; 138-603-271-558-303; 139-351-676-079-931,1,true,,green
009-005-548-352-846,Mediation in disputes arising in the context of the enforcement of security interests,2017-12-01,2017,journal article,Uniform Law Review,11243694; 20509065,Oxford University Press (OUP),,Orkun Akseli,Mediation is a flexible and voluntary method of resolving business disputes. Recently its unique characteristics have been utilized in disputes arising in the context of the enforcement of security interests. UNCITRAL Model Law on Secured Transactions has recognized the use of alternative dispute resolution mechanisms including mediation in the enforcement of security interests. This article examines key issues in the use of mediation in the enforcement of security interests including the effect of mediation on third parties.,22,4,747,772,Internet privacy; Alternative dispute resolution; Business; Mediation; Law and economics; Enforcement; Context (language use); Security interest; Key issues,,,,,https://academic.oup.com/ulr/article-abstract/22/4/747/4759450 http://dro.dur.ac.uk/23249/ https://dro.dur.ac.uk/23249/ https://core.ac.uk/download/pdf/111365698.pdf,http://dx.doi.org/10.1093/ulr/unx045,,10.1093/ulr/unx045,2769866525,,0,,0,true,,green
009-073-378-555-484,How the Accessibility in E-Commerce Affects the Inclusion of the Visually Impaired?,2021-07-13,2021,journal article,"TECHNO REVIEW. International Technology, Science and Society Review /Revista Internacional de Tecnología, Ciencia y Sociedad",26959933,Eagora Science,,Emilio Sosa; Allan Villegas-Mateos,"<jats:p>This study reviews the public policy effectiveness of website accessibility in Mexico and explains how these regulations may affect the visually impaired. The authors did n=6 semi-structured interviews with key players of the visually disabled community and then evaluated n=366 websites with a web scraping tool, using principal components analysis and non-parametric statistics to compare their accessibility by type of website. The authors found that even if there is a regulation for providing equal access to websites, the state of the law is insufficient and non enforced for private and public institutions, affecting the basic human right for visually impaired internet users.</jats:p>",10,1,49,65,Internet privacy; Inclusion (education); Psychology; Visually impaired; E-commerce,,,,,https://journals.eagora.org/revTECHNO/article/download/2779/1714,http://dx.doi.org/10.37467/gka-revtechno.v10.2779,,10.37467/gka-revtechno.v10.2779,3181297364,,0,005-437-046-990-446; 006-900-426-719-728; 010-171-030-229-180; 013-049-521-257-418; 014-721-687-341-416; 019-069-554-652-875; 025-434-872-202-909; 037-550-015-414-716; 054-383-466-116-970; 058-357-262-233-370; 059-356-499-268-469; 064-228-138-842-642; 068-365-988-553-456; 069-919-627-474-355; 070-989-015-651-110; 091-444-619-072-795; 116-258-343-166-665; 118-018-474-448-443; 131-607-023-496-282; 137-746-147-633-064; 147-080-207-404-242; 157-943-994-598-763; 160-706-144-459-627; 186-331-051-548-714,0,false,,
009-231-926-316-419,Assessment of EU Postal Sector Policy during the Second Barroso Administration (2010-2014),,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Christian Jaag; Urs Trinkner; Jeffrey Yusof,"This paper assesses the EU postal sector policy of the second Barroso Commission from 2010 to 2014. The main goal of the Commission is to achieve a single European market for postal services. The paper distinguishes between the following three objectives, whose implementation should lead to the achievement of an internal postal market: implementation of the Third Postal Directive; fostering e-commerce and parcel delivery; and enforce its State aid framework in the postal sector. The analysis shows that almost all Member States have transposed the Directive into national law and fully liberalized their markets, but nevertheless competition in all Member States has only developed to a limited extent. While there is strong growth of the e-commerce sector, a consistent alignment of State Aid policy with USO and full market opening is still under development. The current design of the USO and its financing may not be appropriate in times of fast changing technology and consumer needs. Therefore, the paper presents new approaches, suggesting to include new technologies or even proposing to establish an intermodal USO for postal and telecommunication services.",,,,,Accounting; Business; Emerging technologies; Commission; State (polity); Directive; Competition (economics); Underdevelopment; Single market; E-commerce,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2535220 https://www.ssrn.com/abstract=2535220 https://core.ac.uk/download/pdf/45684857.pdf,http://dx.doi.org/10.2139/ssrn.2535220,,10.2139/ssrn.2535220,3122778528,,0,005-463-691-788-194; 008-314-464-503-777; 019-269-293-457-348; 038-637-840-963-406; 041-867-657-403-138; 042-270-176-364-507; 044-916-639-074-913; 061-081-614-032-825; 098-831-398-262-900; 101-512-873-174-992; 103-146-534-255-734; 104-625-280-794-993; 107-509-193-046-920; 114-794-244-011-63X; 124-070-067-553-137; 127-003-615-108-982; 137-334-059-408-501; 140-253-512-659-856; 158-439-769-717-387; 166-610-354-275-30X; 167-677-018-659-526; 172-416-650-109-689,0,true,,green
009-464-414-334-258,Is 35 U.S.C. § 271(F) Keeping Pace With The Times?: The Law After the Federal Circuit’s Cardiac Pacemakers Decision,2010-09-01,2010,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Lauren Shuttleworth,"In a common business arrangement, an American software company designs software in the United States, then sends the software code abroad where copies are mass-produced and distributed. Prior to the Federal Circuit’s ruling in Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., the American company could have been found liable for patent infringement under Section 271(f) of the Patent Act if the software mass-produced abroad infringed a United States patent.Cardiac Pacemakers, however, leaves United States patent owners defenseless when the allegedly infringed patent claims are method claims. The background of Cardiac Pacemakers, the Court’s rationales, and the implications of the decision are the subject of this Note.",29,1,,,Patent troll; Business; Law; Patent infringement; Pace; Patent Act; Patent claim,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/34/34 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/34 https://core.ac.uk/download/296521741.pdf,http://dx.doi.org/10.5195/jlc.2010.34,,10.5195/jlc.2010.34,2073995016,,0,,0,true,cc-by-nc-nd,hybrid
009-568-115-462-07X,Differences existing between USA and Europe in opioids purchase on Internet: an interpretative review,2014-01-28,2014,journal article,Journal of Substance Use,14659891; 14759942,Informa UK Limited,United Kingdom,Fabrizio Bert; Veronica Galis; Stefano Passi; Maria Rosaria Gualano; Roberta Siliquini,"AbstractBackground: Opioids e-commerce represents an important public health issue. While the literature describes this phenomenon in the USA, the studies about this topic are scarce in Europe. This review aims to describe the state of the art of the online opioids commerce and to explore the factors influencing the opioids e-commerce.Methods: Scientific literature available via four bibliographic databases (PubMed, Cochrane Collaboration, ISI Web of knowledge and Scopus) was screened on June 2012. Keywords used were “Internet and opioids”, “Online and opioids”, “Web and opioids”, “Opioid selling”, “Opioid business”, “Opioid buy”, and “Opioid sale”. After the selection, 31 articles were finally identified as meeting the inclusion criteria.Results: The online market of opioids had experienced a boom thanks to the discount prices, the poor monitoring actions, the quickness and easiness of acquiring of these drugs. Legislation on the sale of drugs online differs among the countries. We found that the opioids...",20,3,200,207,The Internet; Advertising; Public health; Inclusion (education); Legislation; Opioid; Scientific literature; Web of knowledge; Medicine; Scopus,,,,,https://www.tandfonline.com/doi/full/10.3109/14659891.2013.878760 https://iris.unito.it/handle/2318/1615443 https://iris.unito.it/bitstream/2318/1615443/1/Differenze%20oppioidi_4aperto.pdf https://core.ac.uk/download/pdf/302080240.pdf,http://dx.doi.org/10.3109/14659891.2013.878760,,10.3109/14659891.2013.878760,1966179675,,0,001-661-697-398-113; 001-718-795-821-194; 002-727-995-509-93X; 002-942-463-465-341; 005-786-898-527-748; 006-836-634-884-193; 007-134-884-135-072; 007-415-648-173-254; 014-691-769-399-393; 020-265-189-620-974; 022-885-586-663-871; 024-130-448-906-529; 030-864-782-891-14X; 031-152-292-992-563; 032-703-241-758-325; 042-439-345-209-657; 043-486-758-753-069; 044-819-675-101-056; 050-536-929-101-820; 052-933-811-599-450; 053-011-751-830-117; 057-821-612-148-644; 069-398-442-267-498; 074-022-695-323-027; 074-356-123-866-544; 074-969-569-066-818; 083-190-881-916-853; 098-989-122-848-96X; 103-688-233-956-349; 113-388-590-494-814; 117-578-543-047-440; 126-954-423-064-898; 134-994-913-492-55X,4,true,,green
009-647-629-233-472,The Limits as to Effective Federal Control of the Employer-Employee Relationship,,1936,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Alpheus Thomas Mason,,84,3,277,,Accounting; Business; Control (management),,,,,https://core.ac.uk/display/151690202 https://scholarship.law.upenn.edu/penn_law_review/vol84/iss3/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8837&context=penn_law_review https://core.ac.uk/download/151690202.pdf,http://dx.doi.org/10.2307/3308095,,10.2307/3308095,850841020,,0,,0,true,,green
009-653-390-173-244,The Due-on-Sale Controversy: Beneficial Effects of the Garn-St. Germain Depository Institution Act of 1982,,1984,journal article,Duke Law Journal,00127086,JSTOR,United States,Eric J. Murdock,,1984,1,121,,Business; Law; Institution; Beneficial effects,,,,,http://dx.doi.org/10.2307/1372346 https://core.ac.uk/download/62550270.pdf,http://dx.doi.org/10.2307/1372346,,10.2307/1372346,2798073227,,0,,0,true,,green
009-684-378-578-857,Willard Hurst and the Administrative State: From Williams to Wisconsin,,2000,journal article,Law and History Review,07382480; 19399022,Cambridge University Press (CUP),United Kingdom,Daniel R. Ernst,"Perhaps because Willard Hurst did not publish his first book, The Growth of American Law, until 1950, more than a decade after he entered law teaching, his readers have often found it hard to imagine him as other than a fully formed scholar. The pluralist politics of his major writings, their functionalist sociology, and their attentiveness to consensus in history have made Hurst seem so much a product of the 1950s that one can easily overlook the ways in which developments in law and politics in the preceding decades shaped his perspective on the American past.' No development more engaged Hurst than ""the overshadowing rise of the administrative process"" since the Civil War. Without neglecting the continuing role of the judiciary in American governance, Hurst wanted to create a legal curriculum and jurisprudence to supplant the court-centered paradigms of his day. The curricular innovation came first, in the form of the",18,1,1,36,Product (category theory); Sociology; Law; State (polity); Corporate governance; Publication; Curriculum; Jurisprudence; Spanish Civil War; Politics,,,,,https://www.cambridge.org/core/journals/law-and-history-review/article/willard-hurst-and-the-administrative-state-from-williams-to-wisconsin/58ED27740F3B8AFD337AC833F7FD6406 https://core.ac.uk/display/70374018 http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1594&context=facpub https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S073824800001186X https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1594&context=facpub https://core.ac.uk/download/70374018.pdf,http://dx.doi.org/10.2307/744347,,10.2307/744347,2040616648,,0,002-305-460-062-844; 011-747-642-221-660; 014-213-497-976-778; 014-472-923-995-266; 026-273-663-551-039; 026-757-901-797-917; 028-370-105-994-596; 032-032-662-316-977; 037-214-819-051-831; 042-443-205-364-657; 043-895-358-439-086; 047-325-277-442-647; 057-045-229-926-74X; 060-308-971-124-565; 064-849-064-567-626; 072-798-001-798-534; 075-940-137-280-375; 078-634-339-843-547; 082-078-754-686-876; 084-137-894-138-652; 085-627-753-762-900; 102-870-692-042-209; 114-577-813-786-216; 117-212-519-604-319; 122-751-401-269-168; 125-531-296-722-614; 127-394-453-692-792; 131-851-053-837-054; 140-637-798-044-98X; 142-879-728-690-024; 145-013-321-780-185; 145-415-523-620-966; 156-735-013-151-137; 157-213-264-723-88X; 157-951-213-990-552; 169-086-720-478-176; 183-519-392-202-178; 186-739-276-909-452; 190-226-546-526-007; 195-635-349-098-436,12,true,,green
009-979-179-279-174,The Unification of Private Maritime Law by International Conventions,,1965,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,A. N. Yiannopoulos,"Since ancient times, and until the emergence of modern national states, the law governing maritime commerce had been largely uniform in the western world.' In the eighteenth and nineteenth centuries, however, legislative enactments and judicial practices in pursuit of narrowly conceived national interests gradually displaced in various countries the venerable and uniform ""law of the sea""2 and gave rise to sharp conflicts of laws. The movement of goods from country to country was thus hampered at a time when advancing technology and the spreading industrial revolution were about to lead to an expansion of maritime commerce on a world scale. Indeed, large scale international trade has always needed, in addition to other favorable conditions, a certain measure of security and predictability3 with respect to the enforcement of obligations. The diversity of commercial laws prevailing in various parts of the world, however, created an uncertainty as to the existence, size, and content of obligations. Interested parties could not readily ascertain the place where a potential dispute was to be settled, the governing substantive law, and whether a judgment obtained in one country could be enforced in another country. Traditionally, a minimum of certainty has been secured in international commercial relations by resorting to conflict of laws rules. The function of these rules is to refer a given dispute to a definite legal system in accordance with a variety of contacts considered important for the legal relation in question. In commercial transactions the parties have always enjoyed a large measure of autonomy and thus they have been able, by selecting the appropriate contacts, to subject their relations to a desired legal system which eventually furnished the substantive rule of decision.4 While the conflicts method has several advantages, its drawbacks are *LL.B. I950, University of Thessaloniki; M.C.L. I954, University of Chicago; LL.M. I955, J.S.D. I956, University of California, Berkeley; Dr.Jur. I960, University of Cologne. Professor of Law, Louisiana State University. Author, NEGLIGENCE CLAUSES IN OCEAN BILLS OF LADING (I962). 'See GRANT GILMORE & CHARLES L. BLACK, JR., ADMIRALTY 2-8 (1957); 3 JOHN H. WIGMORE, A PANORAMA OF THE WORLD'S LEGAL SYSTEMS 876-9I4 (1928). 2 See FRANCESCO BERLINGIERI, VERSO L'UNIFICAZIONE DEL DIRITTO DEL MARE 20 (1933); 3 ERNST RABEL, CONFLICT OF LAWS: A COMPARATIVE STUDY 238 (2d ed. Bernstein, I964). 3 See 2 ERNST RABEL, CONFLICT OF LAWS: A COMPARATIVE STUDY 367-70 (2d ed. Drobnig, I960); id., Conflict Rules on Contracts, in SUMMER INSTITUTE OF UNIVERSITY OF MICHIGAN LAW SCHOOL, CONFLICT OF LAWS AND INTERNATIONAL CONTRACTS 127, 129 (1949). 4 See, in general, McCartney, The Use of Choice-of-Law Clauses in International Commercial Contracts, 6 WAYNE L. REV. 340 (I960); James, Autonomy of the Parties on Conflict of Laws Contracts, 36 CHm.-KENT L. REV. 34 (1959); Levin, Party Autonomy: Choice-of-Law Clauses in Commercial Contracts, 46 GEO. L.J. 260 (1957); Neumayer, Autonomie de la volonte et dispositions imperatives en droit international prive des obligations, [1957] REVUE CRITIQUE DE DROIT INTERNATIONAL PRIV? [hereinafter cited as REV. CR. DR. INT'L PR.] 579; Yntema, ""Autonomy"" in Choice of Law, I AM. J. COMP. L. 341 (1952).",30,2,370,399,Political science; Law; State (polity); Enforcement; Choice of law; Substantive law; Law of the sea; Conflict of laws; Autonomy; Legislature,,,,,https://www.jstor.org/stable/1190519 https://scholarship.law.duke.edu/lcp/vol30/iss2/8/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3060&context=lcp https://core.ac.uk/display/62556245 https://core.ac.uk/download/62556245.pdf,http://dx.doi.org/10.2307/1190519,,10.2307/1190519,1558594707,,0,,2,true,,green
010-147-041-449-058,The Lack of the Environmental Concern in Indonesia’s Bilateral Investment Treaties,2017-12-26,2017,journal article,Hasanuddin Law Review,24429899; 24429880,"Hasanuddin University, Faculty of Law",,I Gusti Ngurah Parikesit Widiatedja; I Gusti Ngurah Wairocana,"In the modern era, Bilateral Investment Treaties (BITs) are relatively effective to attract more foreign direct investment (FDI). Many countries then eagerly concluded BITs, including Indonesia. Considering the adverse impact of FDI on the environment, most countries then start putting the environmental concern in their BITs, assisting them to prevent and mitigate any adverse impact of FDI on the environment. Indonesia, however, did not follow this measure. This paper then shows the lack of the current Indonesia’s BITs in putting the environmental concern in their provisions. The fact that Indonesia has terminated some BITs becomes a right momentum to start putting the environmental concern in the updated and modified Indonesia BITs in the future. From other countries’ practices, there is evidence to suggest that BITs can and do contain provisions aimed at ameliorating environmental damage caused as a result of FDI within host countries’ territories.",3,3,231,245,Business; International economics; Investment (macroeconomics); Foreign direct investment; Momentum (finance),,,,,http://pasca.unhas.ac.id/ojs/index.php/halrev/article/download/1202/301 https://core.ac.uk/display/145665706 http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1202 https://core.ac.uk/download/pdf/234113514.pdf,http://dx.doi.org/10.20956/halrev.v3i3.1202,,10.20956/halrev.v3i3.1202,2781787290,,0,001-806-373-167-33X; 005-507-588-869-73X; 010-479-187-550-344; 025-166-258-072-579; 027-389-882-143-837; 031-055-134-805-481; 043-283-893-009-363; 065-203-405-948-464; 086-882-400-728-277; 088-943-189-882-832; 107-464-806-979-840; 170-809-379-139-18X; 180-423-391-390-407; 197-002-529-994-353,1,true,cc-by,gold
010-154-605-958-145,Comment upon Some Recent New Jersey Cases on Corporate Contracts in Restraint of Trade and to Prevent Competition,,1903,journal article,The American Law Register (1898-1907),15583562,JSTOR,,Norman Grey,,51,11,672,,Public economics; Economics; International economics; Restraint of trade; Competition (economics),,,,,https://scholarship.law.upenn.edu/penn_law_review/vol51/iss11/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6419&context=penn_law_review https://core.ac.uk/download/151688717.pdf,http://dx.doi.org/10.2307/3306443,,10.2307/3306443,2304856003,,0,,0,true,,green
010-281-173-990-791,"Regulating the E-Commerce Environment: Enforcement Measures and Penalty Levels in the Computer Misuse Legislation of Britain, Malaysia and Singapore",,2000,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Indira Mahalingam Carr; Katherine S. Williams,,16,5,295,310,Sociology; Electronic trading; Law and economics; Law; Investment (macroeconomics); Legislation; Enforcement; Law enforcement; Computer technology; E-commerce; Politics,,,,,https://dblp.uni-trier.de/db/journals/clsr/clsr16.html#CarrW00 https://www.sciencedirect.com/science/article/pii/S0267364900050032 http://www.sciencedirect.com/science/article/pii/S0267364900050032,http://dx.doi.org/10.1016/s0267-3649(00)05003-2,,10.1016/s0267-3649(00)05003-2,1984960517,,0,,5,false,,
010-284-917-925-831,Tobacco 21 Laws in Europe: A Policy Whose Time Has Come.,2019-10-22,2019,journal article,Nicotine & tobacco research : official journal of the Society for Research on Nicotine and Tobacco,1469994x; 14622203,Oxford University Press,United Kingdom,David T. Levy; Rafael Meza,"INTRODUCTION A 21 tobacco age of sale has been proposed for European nations. METHODS We briefly review past studies of underage purchase policies and their enforcement. RESULTS Past evaluations and modeling studies indicate important public health gains from 21 tobacco age of sale laws. However, further attention should be given to issues of compliance, the availability of social sources, and the breadth of coverage. In particular, the application of the law to e-cigarettes merits further attention. CONCLUSIONS Past literature indicates potential benefits of a 21 tobacco age of sale in terms of reducing tobacco use in European nations. IMPLICATIONS We review past studies of underage purchase laws, and the potential implications of applying that law to e-cigarettes. Past studies indicate the effectiveness of raising tobacco age of sale laws to 21. This law should be implemented and enforced in Europe.",22,7,1250,1251,Public health; Business; Law; Enforcement; Compliance (psychology); Tobacco use,,Commerce; Electronic Nicotine Delivery Systems; Europe; Smoking; Tobacco; Tobacco Products,,,https://europepmc.org/article/MED/31639180 https://www.ncbi.nlm.nih.gov/pubmed/31639180 https://academic.oup.com/ntr/article/22/7/1250/5602650,http://dx.doi.org/10.1093/ntr/ntz197,31639180,10.1093/ntr/ntz197,2981460512,,0,001-996-208-081-655; 004-779-984-646-880; 013-204-000-738-168; 013-788-725-008-412; 054-692-023-335-268; 055-852-949-721-038; 056-940-914-074-092; 096-577-126-524-790; 109-736-350-945-35X,5,false,,
010-364-371-075-686,"Influence of behaviourism, enforcement and law clarity on tax compliance among e-commerce taxpayers",2021-08-30,2021,journal article,Journal of Management Information and Decision Sciences,15247252,,,null Ghani; null Mohamed; null Razak; null Ali,"This study examines the factors influencing tax compliance among the e-commerce taxpayers in Malaysia. Specifically, this study examines the effect of behaviourism, enforcement, and law clarity on tax compliance among the e-commerce taxpayers who are involved in the clothing and fashion business activities in Malaysia. Using questionnaire survey on e-commerce taxpayers, this study shows all factors chosen in this study positively influence tax compliance among the e-commerce taxpayers. The findings of this study provide understanding to the Inland Revenue Department on the need to increase the level of tax compliance among the e-commerce taxpayers. Therefore, it is important for the Inland Revenue Department to identify best practices that could be implemented so that the e-commerce taxpayers can become more aware and subsequently, assist them to become responsible citizens in helping the country in sustaining economic development.",24,,,,Business; Best practice; Law; CLARITY; Enforcement; Compliance (psychology); Inland revenue; Clothing; Questionnaire; E-commerce,,,,,https://www.abacademies.org/articles/influence-of-behaviourism-enforcement-and-law-clarity-on-tax-compliance-among-ecommerce-taxpayers-12315.html https://www.abacademies.org/articles/Influence-of-behaviourism-enforcement-and-law-clarity-on-tax-compliance-among-e-commerce-taxpayers-1532-5806-24-S4-330.pdf,https://www.abacademies.org/articles/influence-of-behaviourism-enforcement-and-law-clarity-on-tax-compliance-among-ecommerce-taxpayers-12315.html,,,3201320827,,0,014-954-259-079-367; 038-438-110-960-869; 040-504-125-990-520; 043-806-292-373-231; 057-534-305-513-320; 059-354-896-677-945; 071-867-493-613-718; 156-588-467-903-623; 169-301-737-526-09X; 195-856-032-796-163,0,false,,
010-402-786-650-958,A government of limited powers.,,2005,journal article,The Hastings Center report,00930334; 1552146x,Wiley-Blackwell,United States,Carl E. Schneider,"Roscoe C. Filburn owned a small farm in Ohio where he raised poultry, dairy cows, and a modest acreage of winter wheat. Some wheat he fed his animals, some he sold, and some he kept for his family's daily bread. The Agricultural Adjustment Act of 1938 limited the wheat Mr. Filburn could grow without incurring penalties, but his 1941 crop exceeded those limits. Mr. Filburn sued. He said Claude Wickard, the Secretary of Agriculture, could not enforce the AAA's limits because Congress lacked authority to regulate wheat grown for one's own use. He reasoned: In our federal system, the states have authority to legislate except where the Constitution constrains them, but the federal government may legislate only where the Constitution authorizes it. The Constitution permits Congress to ""regulate Commerce with foreign Nations, and among the several States"" and may ""make all Laws which shall be necessary and proper for carrying into Execution"" its Commerce Clause powers. Mr. Filburn thought that growing and eating wheat on his land were acts ""local in character"" and that ""their effects upon interstate commerce are at most 'indirect.'"" Diane Monson lives in California. She has been growing marijuana she takes to treat substantial medical problems. The California Compassionate Use Act of 1996 exempts from criminal liability ""patients ... who possess or cultivate marijuana for medicinal purposes with the recommendation or approval of a physician."" However, the federal Controlled Substances Act classifies marijuana as a ""Schedule I"" drug. Such drugs have a ""high potential for abuse"" and no ""accepted medical use,"" and it is a federal crime to manufacture, distribute, or possess them. Diane Monson (with Angel Raich, another patient using marijuana) went to court to argue that Alberto Gonzales, the Attorney General, could not enforce the CSA against her or her doctors because Congress lacks authority to regulate the marijuana she grows for her own use. Ms. Monson argued that the Commerce Clause does not authorize Congress to ""prohibit the local cultivation and use of marijuana in compliance with California law."" In 1942, Wichard v. Filburn reached the Supreme Court. The Justices agreed that the AAA was constitutional. They quoted Chief Justice Harlan Stone: ""The commerce power is not confined in its exercise to the regulation of commerce among the states. It extends to those activities intrastate which so affect interstate commerce ... as to make regulation of them appropriate means to the attainment of a legitimate end."" Thus, ""even if appellee's activity be local and though it may not be regarded as commerce, it may still ... be reached by Congress if it exerts a substantial economic effect on interstate commerce."" Mr. Filburn's wheat affected interstate commerce because it kept him from buying somebody else's wheat. And while his crop was small, its effect, ""taken together with that of many others similarly situated, is far from trivial."" On June 6 of this year, Justices decided six to three that Congress may regulate Ms. Monson's marijuana garden. Justice Stevens said for the Court that the Commerce Clause was ""the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation."" Thus the Commerce Clause power is capacious, and ""case law firmly establishes Congress' power to regulate purely local activities that are part of an economic 'class of activities' that have a substantial effect on interstate commerce."" The principle of stare decisis obliges American courts to decide similar cases similarly. Raich virtually was Wickard. ""Like the farmer in Wickard, respondents are cultivating, for home consumption, a fungible commodity for which there is an established, albeit illegal, interstate market. Just as the AAA controlled the amount of wheat in interstate and foreign commerce, ""a primary purpose of the CSA is to control the supply and demand of controlled substances in both lawful and unlawful drug markets. …",35,4,11,12,Dormant Commerce Clause; Economic Justice; Sociology; Common law; Law; Constitution; Supreme court; Commerce Clause; Controlled Substances Act; Federalism; Government; Political science; Public law; Concurrent powers; Reserved powers; Administrative law; Municipal law,Controlled Substances Act; Gonzales v. Raich; Health Care and Public Health; Legal Approach,Commerce/legislation & jurisprudence; Dissent and Disputes; Federal Government; Humans; State Government; United States,,,https://deepblue.lib.umich.edu/handle/2027.42/90553 https://core.ac.uk/display/3148589 https://repository.law.umich.edu/articles/1959/ https://pubmed.ncbi.nlm.nih.gov/16225297/ https://muse.jhu.edu/article/186176 https://www.questia.com/library/journal/1G1-136338685/a-government-of-limited-powers https://www.ncbi.nlm.nih.gov/pubmed/16225297 https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2959&context=articles http://hdl.handle.net/2027.42/90553,http://dx.doi.org/10.1353/hcr.2005.0047,16225297,10.1353/hcr.2005.0047; 10.2307/3528819,2069398318; 2332435983,,0,,2,true,,green
010-434-172-658-978,Treaty-Making between Public Authority and Private Interests: The Genealogy of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,2017-02-01,2017,journal article,European Journal of International Law,09385428; 14643596,Oxford University Press (OUP),United Kingdom,Florian Grisel,"The bulk of the literature on transnational governance focuses on the bottom-up emergence of private rules, neglecting top-down processes such as treaty making. This article seeks to remedy this gap, using original archival material to show how a transnational network of experts associated with the International Chamber of Commerce influenced the negotiations of the United Nations Conference on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and its final content. In doing so, this article will analyse the ways in which the complex allegiances developed within the International Chamber of Commerce enabled it to match public authority and private interests in a transnational legal process where states no longer held a monopoly.",28,1,73,87,Political science; Law; Negotiation; Legal process; Treaty; Transnational governance; Enforcement; Convention; Monopoly; Public authority,,,,,https://academic.oup.com/ejil/article/28/1/73/3097816 https://hal.parisnanterre.fr/hal-01648768 https://core.ac.uk/download/231800721.pdf,http://dx.doi.org/10.1093/ejil/chx008,,10.1093/ejil/chx008,2604305797,,0,,2,true,,green
010-621-128-345-433,Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention,2018-06-11,2018,journal article,"Economics, Law and Policy",25762052; 25762060,"Scholink Co, Ltd.",,Sohaib Mukhtar; Zinatul Ashiqin Zainol; Sufian Jusoh,"Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.",1,2,122,,Business; TRIPS architecture; Law; Ratification; Trademark; Enforcement; Law enforcement; Intellectual property; Criminal procedure; Civil procedure,,,,,http://www.scholink.org/ojs/index.php/elp/article/view/1456 http://www.scholink.org/ojs/index.php/elp/article/download/1456/1625 https://core.ac.uk/download/pdf/268086378.pdf,http://dx.doi.org/10.22158/elp.v1n2p122,,10.22158/elp.v1n2p122,2808552035,,0,,1,true,cc-by,gold
010-634-102-980-757,The Department of Defense's Role in Free-World Export Licensing under the Export Administration Act,,1988,journal article,Duke Law Journal,00127086; 19399111,JSTOR,United States,Matthew W. Sawchak,,1988,4,785,785,Administration (probate law); Business; International trade; Law; Political science,,,,,https://core.ac.uk/download/62549772.pdf,http://dx.doi.org/10.2307/1372574,,10.2307/1372574,,,0,,0,true,,green
010-713-228-834-099,Abortion by telemedicine in the European Union.,2018-12-22,2018,journal article,International journal of gynaecology and obstetrics: the official organ of the International Federation of Gynaecology and Obstetrics,18793479; 00207292,Elsevier Ireland Ltd,Netherlands,Tamara K. Hervey; Sally Sheldon,"This paper analyses an important set of legal issues raised by the telemedical provision of abortion pills. Focusing on the case of European Union (EU) law, it suggests that a properly accredited doctor seeking to treat a patient with abortion pills is entitled, in principle, to rely on EU rules of free movement to protect their access to patients in other member states, and women facing unwanted pregnancies likewise have legal rights to access the services thus offered. EU countries seeking to claim an exception to those rules on the basis of public health or the protection of a fundamental public policy interest (here, the protection of fetal life) will face significant barriers.",145,1,125,128,Public policy; Public health; Law; Abortion; Telemedicine; European union; Free movement; Accreditation; Medicine; Pill,Abortion pills; EU law; Early medical abortion; Free movement of services; Mifepristone; Misoprostol; Telemedicine; Trade law,"Abortifacient Agents; Abortion, Legal; European Union; Female; Health Services Accessibility/legislation & jurisprudence; Humans; Internet; Pregnancy; Public Policy/legislation & jurisprudence; Telemedicine/legislation & jurisprudence",Abortifacient Agents,,https://kar.kent.ac.uk/72712/ https://onlinelibrary.wiley.com/doi/abs/10.1002/ijgo.12738 https://obgyn.onlinelibrary.wiley.com/doi/full/10.1002/ijgo.12738%4010.1002/%28ISSN%291879-3479.ELIRH https://pubmed.ncbi.nlm.nih.gov/30520021/ https://eprints.whiterose.ac.uk/140050/ https://obgyn.onlinelibrary.wiley.com/doi/full/10.1002/ijgo.12738 https://europepmc.org/abstract/MED/30520021 https://www.ncbi.nlm.nih.gov/pubmed/30520021 https://core.ac.uk/download/199221133.pdf,http://dx.doi.org/10.1002/ijgo.12738,30520021,10.1002/ijgo.12738,2905055249,,0,000-572-545-744-899; 006-474-189-218-604; 009-293-523-231-81X; 014-532-086-319-835; 035-695-814-470-671; 046-362-226-928-125; 062-819-516-723-002; 063-843-007-989-52X; 074-314-808-974-905; 081-239-757-738-561; 100-612-481-209-297; 102-797-147-027-662; 132-921-110-748-697; 142-841-055-132-197; 150-483-862-661-020,6,true,,green
010-817-492-844-970,Learning DOM Trees of Web Pages by Subpath Kernel and Detecting Fake e-Commerce Sites,2021-01-14,2021,journal article,Machine Learning and Knowledge Extraction,25044990,MDPI AG,,Kilho Shin; Taichi Ishikawa; Yu-Lu Liu; David Lawrence Shepard,"The subpath kernel is a class of positive definite kernels defined over trees, which has the following advantages for the purposes of classification, regression and clustering: it can be incorporated into a variety of powerful kernel machines including SVM; It is invariant whether input trees are ordered or unordered; It can be computed by significantly fast linear-time algorithms; And, finally, its excellent learning performance has been proven through intensive experiments in the literature. In this paper, we leverage recent advances in tree kernels to solve real problems. As an example, we apply our method to the problem of detecting fake e-commerce sites. Although the problem is similar to phishing site detection, the fact that mimicking existing authentic sites is harmful for fake e-commerce sites marks a clear difference between these two problems. We focus on fake e-commerce site detection for three reasons: e-commerce fraud is a real problem that companies and law enforcement have been cooperating to solve; Inefficiency hampers existing approaches because datasets tend to be large, while subpath kernel learning overcomes these performance challenges; And we offer increased resiliency against attempts to subvert existing detection methods through incorporating robust features that adversaries cannot change: the DOM-trees of web-sites. Our real-world results are remarkable: our method has exhibited accuracy as high as 0.998 when training SVM with 1000 instances and evaluating accuracy for almost 7000 independent instances. Its generalization efficiency is also excellent: with only 100 training instances, the accuracy score reached 0.996.",3,1,95,122,Machine learning; Kernel method; Support vector machine; Tree kernel; Leverage (statistics); Artificial intelligence; Web page; Computer science; Cluster analysis; Phishing; Kernel (statistics),,,,Japan Society for the Promotion of Science,https://www.mdpi.com/2504-4990/3/1/6/pdf https://dblp.uni-trier.de/db/journals/make/make3.html#ShinILS21 https://doi.org/10.3390/make3010006 https://www.mdpi.com/2504-4990/3/1/6,http://dx.doi.org/10.3390/make3010006,,10.3390/make3010006,3119042974,,0,000-739-734-139-18X; 002-202-233-743-605; 003-461-790-453-101; 004-181-502-208-858; 004-517-758-614-856; 009-571-466-248-777; 010-485-604-448-65X; 012-187-009-273-258; 013-064-246-982-521; 017-622-049-772-233; 019-943-855-660-068; 023-928-444-110-407; 025-820-184-946-723; 029-367-322-457-892; 029-367-678-370-413; 030-380-762-345-546; 031-760-696-404-464; 035-667-513-136-778; 036-800-578-404-266; 037-315-868-437-856; 041-516-552-010-309; 042-060-614-715-86X; 048-930-803-220-078; 050-851-609-250-632; 057-359-167-185-043; 057-850-428-194-977; 064-592-481-984-710; 065-784-695-361-853; 068-387-329-954-050; 077-097-183-613-755; 078-065-796-652-247; 078-860-863-310-734; 080-924-578-427-644; 085-008-427-439-371; 087-160-110-909-012; 089-619-004-313-118; 095-039-323-473-764; 104-063-178-212-123; 108-056-840-116-065; 131-610-270-256-283; 131-620-691-518-447; 143-126-252-943-435; 154-071-286-237-479; 161-477-732-812-482; 171-626-920-666-004; 172-057-578-699-298; 188-748-112-033-914; 199-365-211-409-228,4,true,cc-by,gold
010-954-432-344-000,The Evolution of Vocabularies and Its Relation to Investigation of White-Collar Crimes: An Institutional Work Perspective,2014-02-07,2014,journal article,Journal of Business Ethics,01674544; 15730697,Springer Science and Business Media LLC,Netherlands,Abhijeet K. Vadera; Ruth V. Aguilera,"White-collar crimes are illegal and unethical actions by agents of an organization. In this paper, we address two related research questions concerning white-collar crime—how did the language of white-collar crime evolve? And how did this language co-evolve with the investigation of white-collar crime? Building on research on institutional work, we find that key institutional actors such as the Presidential Office are likely to use frames and adopt a particular language (i.e., the term “white-collar crime”) in order to legitimize institutional practices (i.e., investigation of white-collar crimes). Conversely, less powerful actors such as the law enforcement agencies are then likely to use narratives to shape language in order to mobilize other stakeholders to continue the adoption of the referent practice. We uncover these findings by using qualitative methodology and trend analysis. We conclude with a detailed theoretical discussion of the role of institutional actors in institutional work and the implications of our research.",128,1,21,38,Business ethics; Sociology; Qualitative research; Presidential system; Narrative; White-collar crime; Referent; Law enforcement; Corporate governance; Public relations,,,,,https://philpapers.org/rec/VADTEO-3 https://link.springer.com/article/10.1007/s10551-014-2079-x https://dialnet.unirioja.es/servlet/articulo?codigo=5985367 https://EconPapers.repec.org/RePEc:kap:jbuset:v:128:y:2015:i:1:p:21-38 https://ideas.repec.org/a/kap/jbuset/v128y2015i1p21-38.html https://eprints.exchange.isb.edu/id/eprint/158/ https://link.springer.com/article/10.1007/s10551-014-2079-x/fulltext.html https://ink.library.smu.edu.sg/lkcsb_research/4879/ https://core.ac.uk/download/35456581.pdf,http://dx.doi.org/10.1007/s10551-014-2079-x,,10.1007/s10551-014-2079-x,1990313994,,0,000-468-131-443-623; 004-369-623-855-730; 004-916-367-446-865; 006-635-024-338-274; 007-992-334-266-167; 008-374-285-881-590; 008-568-541-949-263; 017-993-173-427-042; 018-511-705-746-661; 019-614-341-984-308; 020-127-670-930-682; 022-512-643-506-628; 022-557-574-643-889; 022-774-738-500-720; 026-649-194-881-205; 027-827-119-143-849; 033-852-662-613-736; 034-598-415-399-408; 035-708-589-006-492; 036-628-967-553-52X; 037-558-846-274-204; 039-746-919-671-229; 041-730-291-175-136; 046-758-104-449-821; 046-962-188-497-350; 048-491-461-194-09X; 048-835-401-058-172; 052-802-334-885-429; 054-733-622-133-834; 056-373-089-585-408; 059-132-293-868-415; 059-692-575-656-993; 066-696-466-314-267; 066-717-797-848-298; 070-937-693-897-246; 072-108-180-474-63X; 081-069-471-541-887; 086-285-005-719-092; 086-446-250-685-02X; 087-805-505-692-706; 090-712-967-004-168; 091-321-838-397-231; 095-384-789-758-697; 095-687-875-628-213; 099-083-025-697-78X; 099-953-330-898-859; 103-703-726-924-890; 104-349-397-257-878; 105-511-339-436-228; 110-451-727-998-889; 114-596-650-208-035; 115-482-499-323-938; 116-329-782-328-326; 120-539-843-736-033; 130-634-263-660-413; 140-152-638-698-68X; 149-390-619-475-238; 149-900-610-182-436; 150-005-284-621-599; 161-647-881-046-16X; 165-280-410-405-637; 165-365-244-895-02X; 180-373-229-924-527; 189-425-082-587-026; 199-081-659-549-996,17,true,cc-by-nc-nd,green
010-997-563-756-718,"Solving Child Statelessness: Disclosure, Reporting, and Corporate Responsibility",2019-05-01,2019,journal article,British Journal of American Legal Studies,20494092,Walter de Gruyter GmbH,Germany,Mark Brewer; Sue Turner,"Statelessness affects around 10 million people globally, many of them children. Countless public law initiatives to diminish and eradicate statelessness exist, yet the problem persists. This article explores the potential for the private law to contribute to a solution to this problem, leading to increased awareness of the plight of stateless children among the public, investors, governments and multinational corporations. In doing so, the article examines the role of the private law in regulating the use of so-called ‘conflict minerals’ in the United States and internationally. It recognises the contribution made by conflict minerals legislation towards finding an effective solution to the conflict in the Democratic Republic of Congo. The article therefore proposes, amongst other initiatives, a legislative solution to the enduring problem of child statelessness, adapting provisions of the Dodd-Frank Wall Street and; Consumer Protection Act which require corporate reporting and disclosure in relation to international supply chains of public limited companies in respect of conflict minerals, and applying them instead to the causes of child statelessness.",8,1,83,105,Corporate social responsibility; Political science; Public law; Limited company; Legislation; Consumer Protection Act; Statelessness; Public administration; Democracy; Private law,,,,,https://sciendo.com/article/10.2478/bjals-2019-0003 https://researchportal.northumbria.ac.uk/en/publications/solving-child-statelessness-disclosure-reporting-and-corporate-re https://content.sciendo.com/view/journals/bjals/8/1/article-p83.xml http://nrl.northumbria.ac.uk/36853/ https://core.ac.uk/download/196577605.pdf,http://dx.doi.org/10.2478/bjals-2019-0003,,10.2478/bjals-2019-0003,2904996029,,0,,0,true,cc-by-nc-nd,gold
011-045-174-027-472,Information richness and trust in v-commerce: implications for services marketing,2017-05-08,2017,journal article,Journal of Services Marketing,08876045,Emerald,United Kingdom,Thomas Chesney; Swee-Hoon Chuah; Angela R. Dobele; Robert Hoffmann,"Purpose: The potential for e-commerce is limited by a trust deficit when traders do not interact in a physical, bricks-and-mortar context. The theory of information richness posits that equivocal interactions, such as ones requiring trust, can be facilitated through communication media that transmit multiple cues interactively. We examine the potential of information-rich virtual worlds to reduce this trust deficit compared with more traditional web-based e-tailing environments.; ; Design/Methodology: Rather than focusing on stated intentions we adopt an experimental approach to measure behaviour. Participants receive performance-related financial incentives to perform trust games in different information-rich treatments that represent three retail environments: a physical environment representing bricks-and-mortar trade, an electronic environment representing web-based online retailing and a virtual environment representing virtual world retail.; ; Findings: We find that the two dimensions of trust significantly differ between the treatments. In particular, as hypothesised, both trustingness and trustworthiness are higher in the virtual than in the electronic environment. However, contrary to our hypotheses, physical trade is not associated with greater trust than virtual trade.; ; Implications: We extend previous research by demonstrating how the information richness of the virtual world interface can promote e-commerce by deepening trust between trading partners. Our research also complements existing work that approaches product and service interfaces through the lens of servicescapes. The findings also contribute towards the development of services marketing practice and the design of e-commerce environments.",31,3,295,307,Business; Computational trust; Marketing; Virtual machine; Interface (Java); Context (language use); Services marketing; Service (systems architecture); Product (business); Metaverse,,,,,http://eprints.nottingham.ac.uk/40417/ https://nottingham-repository.worktribe.com/output/857225 https://www.emerald.com/insight/content/doi/10.1108/JSM-02-2015-0099/full/html https://www.emeraldinsight.com/doi/abs/10.1108/JSM-02-2015-0099 http://ecite.utas.edu.au/137104 https://nottingham-repository.worktribe.com/preview/857237/Information%20richness%20and%20trust.pdf https://core.ac.uk/download/76975562.pdf,http://dx.doi.org/10.1108/jsm-02-2015-0099,,10.1108/jsm-02-2015-0099,2591827250,,0,000-533-061-204-712; 000-753-673-303-273; 000-998-862-968-069; 001-075-400-211-513; 002-994-079-703-813; 004-206-719-305-710; 005-437-046-990-446; 008-393-841-235-455; 008-432-011-808-903; 011-542-292-689-538; 012-665-343-143-815; 013-115-950-895-541; 013-467-070-652-620; 014-144-223-678-590; 017-960-880-355-139; 021-452-048-275-96X; 021-854-795-779-776; 023-332-143-845-808; 023-617-596-353-362; 024-000-678-772-874; 024-585-760-212-135; 024-887-616-111-763; 025-733-456-090-258; 029-000-589-868-85X; 030-341-025-439-305; 030-492-992-612-984; 030-723-383-370-364; 035-793-083-377-308; 035-817-677-158-704; 035-826-833-742-588; 037-774-166-958-30X; 039-452-957-777-290; 039-480-716-591-119; 040-434-095-535-656; 042-311-644-916-965; 044-265-896-644-538; 046-038-861-859-398; 046-337-452-589-446; 047-989-386-682-406; 048-529-504-687-267; 048-762-829-916-698; 052-319-259-195-574; 054-332-279-875-816; 054-643-675-255-967; 054-810-636-944-407; 057-320-424-252-537; 058-305-042-946-702; 058-639-954-372-115; 061-147-841-659-344; 062-002-753-572-125; 064-390-198-157-677; 064-848-880-929-862; 065-706-463-486-143; 065-892-188-362-817; 066-554-511-959-109; 067-083-265-300-592; 071-456-010-252-828; 071-720-849-807-729; 071-819-755-711-558; 073-174-321-988-004; 074-039-489-810-554; 074-431-589-348-121; 077-013-187-816-655; 080-851-258-410-750; 081-202-971-925-297; 081-537-314-826-218; 085-859-668-809-113; 089-581-635-442-249; 092-654-826-923-849; 093-113-836-623-473; 094-141-533-041-120; 094-698-963-292-120; 098-972-635-522-833; 099-756-188-492-475; 101-599-398-168-204; 103-008-643-314-283; 109-014-363-316-46X; 109-840-988-921-103; 110-059-816-645-480; 110-825-245-703-287; 111-521-528-366-94X; 112-640-902-495-230; 112-834-179-446-784; 119-918-448-163-110; 126-349-657-967-55X; 133-495-140-960-776; 135-296-848-845-766; 138-593-964-742-254; 139-308-225-347-403; 139-973-239-152-586; 150-231-119-124-551; 151-681-790-455-749; 163-336-688-901-157; 165-281-301-304-639; 169-597-990-368-588; 170-586-081-919-647; 171-250-128-900-722; 174-309-804-070-14X; 180-621-669-198-848; 194-131-851-232-180,19,true,cc-by,green
011-221-381-699-431,"HANDBOOK OF RESEARCH ON INTERNATIONAL CONSUMER LAW. Ed by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson with David Kraft Cheltenham: Edward Elgar Publishing (www.e-elgar.co.uk), Research Handbooks in International Law, 2010. ix + 592 pp. ISBN 9781847201287. £175.",,2011,journal article,Edinburgh Law Review,13649809; 17551692,Edinburgh University Press,,Gillian Black,,15,3,509,510,Publishing; Humanities; Political science; Media studies; Consumer law; International law; Kraft paper,,,,,https://euppublishing.com/doi/full/10.3366/elr.2011.0076 http://www.research.ed.ac.uk/portal/en/publications/handbook-of-research-on-international-consumer-law-ed-by-geraint-howells-iain-ramsay-and-thomas-wilhelmsson-with-david-kraft-cheltenham(875cafcc-08ee-4b4c-a8a3-257c8bb82eb9)/export.html https://www.research.ed.ac.uk/portal/en/publications/handbook-of-research-on-international-consumer-law-ed-by-geraint-howells-iain-ramsay-and-thomas-wilhelmsson-with-david-kraft-cheltenham(875cafcc-08ee-4b4c-a8a3-257c8bb82eb9)/export.html https://core.ac.uk/download/28961714.pdf,http://dx.doi.org/10.3366/elr.2011.0076,,10.3366/elr.2011.0076,2065058572,,0,,0,true,,green
011-409-215-302-333,Protecting Their Own: Fundamental Rights Implications for EU Data Sovereignty in the Cloud,,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Judith Rauhofer; Caspar Bowden,"The recent PRISM scandal has illustrated the privacy risks that EU citizens take when their personal information is stored or processed in the cloud. Although EU data protection laws are designed to restrict the private actors handling that data from processing it in a way and for purposes that are unlawful, those laws have no effect on public bodies, including law enforcement and security agencies in third countries whose access to that data may be authorized by the laws of their own countries. This is the case even if such access would violate the individual’s fundamental human rights had it occurred within the EU. This article examines the means by which the existing EU data protection framework restricts the transfer of personal data from the EU to third countries particularly in a cloud context. It analyses whether the European Commission’s proposal for a new Data Protection Regulation in its current form is likely to increase or reduce the protection provided to EU citizens in this regard, and it looks at the potential threat that the laws of third countries may pose to EU citizens’ right to privacy with respect to data uploaded to the cloud. The article assesses, in particular, the laws authorising the US government’s access to personal data held or processed by US cloud providers, focusing specifically on the US Foreign Intelligence Surveillance Act of 1978 (FISA) . It also highlights the lack of equivalent protections currently granted to EU citizens by the US constitution. The article argues that in the light of the clear and present danger that provisions like §1881a of FISA represent to EU citizens’ right to privacy, the EU institutions - as part of their own obligation under the Charter of Fundamental Rights and, in the future, the European Convention on Human Rights must take the appropriate steps to protect their citizens from this kind of interference.",,,,,Personally identifiable information; Human rights; Political science; Right to privacy; Law; General Data Protection Regulation; Data Protection Directive; Data Protection Act 1998; Information privacy law; Fundamental rights,,,,,https://www.ssrn.com/abstract=2283175 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2283175 https://core.ac.uk/display/28974443 https://www.research.ed.ac.uk/en/publications/protecting-their-own-fundamental-rights-implications-for-eu-data- https://www.research.ed.ac.uk/portal/files/13528951/Rauhofer_Protecting_their_own.pdf http://www.research.ed.ac.uk/portal/files/13528951/Rauhofer_Protecting_their_own.pdf https://www.pure.ed.ac.uk/ws/files/13528951/Rauhofer_Protecting_their_own.pdf https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2289434_code941689.pdf?abstractid=2283175&mirid=1&type=2 https://core.ac.uk/download/28974443.pdf,http://dx.doi.org/10.2139/ssrn.2283175,,10.2139/ssrn.2283175,1929559987,,0,004-133-027-956-569; 004-867-923-034-864; 007-370-487-968-147; 012-506-678-747-305; 016-861-226-375-207; 045-659-808-721-790; 069-336-277-813-008; 080-457-389-909-206; 091-473-568-300-008; 119-295-382-806-196; 123-671-504-793-508; 135-312-288-881-677; 181-859-826-907-414; 193-465-957-116-229,0,true,,green
011-442-157-938-169,Uniformity in the Maritime Law of the United States: I,,1925,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Austin Tappan Wright,,73,2,123,,Political science; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol73/iss2/1/ https://core.ac.uk/display/151689758 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8043&context=penn_law_review https://core.ac.uk/download/151689758.pdf,http://dx.doi.org/10.2307/3314593,,10.2307/3314593,1544660891,,0,,0,true,,green
011-480-922-512-104,The Antitrust Liability of Professional Associations after Goldfarb: Reformulating the Learned Professions Exemption in the Lower Courts,,1977,journal article,Duke Law Journal,00127086,JSTOR,United States,Richard Thomas McCoy,,1977,5,1047,,,,,,,https://core.ac.uk/download/62550604.pdf,http://dx.doi.org/10.2307/1371913,,10.2307/1371913,,,0,,1,true,,green
011-573-401-204-854,The Russian Arbitration Reform: Between Lights and Shadows,2020-06-19,2020,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Lorenzo Sasso,"Russian system of alternative disputes resolution has experienced relevant development over the last few years. On December 2015, the Russian President signed two laws, which entered into force on 1 September 2016 and substantially reshaped the legal framework for arbitration in the Russian Federation. These are the Federal Law on Arbitration and the Federal Law on Amending Certain Legislative Acts, which introduced amendments to various laws including International Commercial Arbitration Law, Arbitrazh (Commercial) Procedural Code and Civil Procedural Code. The present article provides a comment on the key changes introduced by the said reform, compared to the previous state-of-play. Special attention has been given to the validity of the arbitration agreement, the arbitrability of international disputes and the denial of enforcement of an arbitral award for matters of public policy. Starting from the evolution of the Russian Supreme Court’s approach to the ground for refusal of enforcement of an international award, the article discusses the recent judgments of the Russian courts in relation to the enforcement of an arbitral award to identify the lights and shadows of the international arbitration system in Russia.",8,2,79,103,Public policy; Arbitration; Political science; Law; Federal law; Supreme court; Enforcement; International arbitration; Denial; Legislature,,,,,https://www.russianlawjournal.org/jour/article/view/985 https://www.russianlawjournal.org/jour/article/viewFile/985/265 https://core.ac.uk/download/pdf/327125839.pdf,http://dx.doi.org/10.17589/2309-8678-2020-8-2-79-103,,10.17589/2309-8678-2020-8-2-79-103,3036411566,,0,049-913-158-768-867; 053-519-686-040-684; 057-441-189-916-938; 067-943-218-698-515; 186-638-968-085-885,1,true,cc-by-nc-nd,gold
011-608-953-723-879,Remedy Holes and Bottomless Rights: A Critique of the Intent-to-Use System of Trademark Registration,,1996,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Traci L. Jones,,59,2,159,180,Political science; Law; Trademark,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4326&context=lcp https://scholarship.law.duke.edu/lcp/vol59/iss2/8/ https://core.ac.uk/download/62553634.pdf,http://dx.doi.org/10.2307/1192074,,10.2307/1192074,2796161693,,0,,1,true,,green
011-708-682-570-812,ICANN: Transformation of Approach towards Internet Governance,2017-06-30,2017,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Veronika Žolnerčíková,"Internet Corporation for Assigned Names and Numbers (ICANN) is one of the world's prior organizations governing the Internet. Since its establishement in 1998 it faced criticism concerning the lack of legitimacy and accountability. ICANN was also challenged because of the ongoing tight relationship with the US government, which was not considered to be acceptable by the rest of the world. The article focuses on the development of ICANN and its approach towards the criticism. It elaborates on the sector-specific issues regarding Internet governance. And finally it informs the reader about the process of transformation of ICANN, which severed the link between the US government and ICANN.",11,1,155,174,The Internet; Transformation (function); Business; Government; Domain (software engineering); Law; Corporation; Internet governance; Public administration; Criticism,,,,,https://journals.muni.cz/mujlt/article/download/6289/6390 https://journals.muni.cz/mujlt/article/view/6289 https://core.ac.uk/download/230601894.pdf,http://dx.doi.org/10.5817/mujlt2017-1-8,,10.5817/mujlt2017-1-8,2733326708,,0,001-902-224-303-481; 006-959-756-227-597; 007-501-110-228-381; 012-944-103-665-800; 033-612-414-929-130; 124-550-728-641-226; 126-966-222-369-976; 144-416-562-287-260; 156-282-630-713-36X; 162-147-908-607-736; 191-027-973-406-987,1,true,,gold
011-711-402-043-16X,Administrative Enforcement of the Right to Fair Representation: The Miranda Case,,1964,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Michael O's. Floyd,,112,5,711,,Law and economics; Representation (systemics); Enforcement; Computer science,,,,,https://core.ac.uk/display/151688747 https://core.ac.uk/download/151688747.pdf,http://dx.doi.org/10.2307/3310648,,10.2307/3310648,2795799599,,0,,0,true,,
011-723-112-214-15X,Reforming Chinese arbitration law and practices in the global economy,,2006,journal article,Frontiers of Law in China,16733428; 16733541,Springer Science and Business Media LLC,Germany,Zhao Xiu-wen; Lisa A. Kloppenberg,"In the last 50 years Chinese arbitration law and practices has made significant contributions to the international commercial arbitration and strides to manage the rapidly increasing caseload associated with a period of amazing growth in economic interactions between Chinese and non-Chinese parties. In the global economy there are rooms for further improvement. The paper proposed some ideas on reforming the Chinese arbitration law and practices on the arbitration system regarding the ad hoc arbitration, panel system and tribunal jurisdiction, interim measures of protection, as well as standards for the judicial review on the arbitral awards.",1,3,393,422,Economy; Arbitration; Compulsory arbitration; Economics; Law; Jurisdiction; Interim; Tribunal; Judicial review,,,,,https://journal.hep.com.cn/flc/EN/10.1007/s11463-006-0017-2 https://academic.hep.com.cn/flc/EN/Y2006/V1/I3/393 https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1777&context=facpubs https://link.springer.com/article/10.1007%2Fs11463-006-0017-2 https://core.ac.uk/display/149268875 https://digitalcommons.law.scu.edu/facpubs/776/ https://core.ac.uk/download/149268875.pdf,http://dx.doi.org/10.1007/s11463-006-0017-2,,10.1007/s11463-006-0017-2,1974237538,,0,,3,true,,green
011-764-090-863-458,The Venue Clause and Transportation of Lawsuits,,1953,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,J. C. Gibson,,18,3,367,431,,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2569&context=lcp https://core.ac.uk/display/62557192 https://scholarship.law.duke.edu/lcp/vol18/iss3/6/ https://core.ac.uk/download/62557192.pdf,http://dx.doi.org/10.2307/1190498,,10.2307/1190498,1489699429,,0,,0,true,,green
011-777-948-841-78X,"Fair Hearing in Administrative Rule-Making: A Recent Experience Under the Federal Food, Drug, and Cosmetic and Fair Packaging and Labeling Acts",1968-02-01,1968,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Wesley E. Forte,"In promulgating regulations to govern the labeling of foods under the Fair Packaging and Labeling Act, the Commissioner of Food and Drugs, despite the objections of adversely affected parties, denied all requests for a public hearing. In this article the author reviews the hearing provisions of the Act, analyzes the position taken by the Food and Drug Administration, and concludes that the failure to grant a trial-type hearing on the labeling regulations was legally indefensible",17,1,1,27,Advertising; Packaging and labeling; Business; Marketing; Drug,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2146&context=dlj https://core.ac.uk/display/62551592 https://scholarship.law.duke.edu/dlj/vol17/iss1/1/ https://core.ac.uk/download/62551592.pdf,https://core.ac.uk/display/62551592,,,1577911771,,0,,0,true,,
011-781-803-176-485,SMEs and Cybersecurity Threats in E-Commerce,2009-07-28,2009,journal article,EDPACS,07366981; 19361009,Informa UK Limited,United Kingdom,Kunal Sharma; Amarjeet Singh; Ved Prakash Sharma,"This paper provides an overview of the electronic attacks or the “digital challenges” which prospective customers of E-Commerce are likely to encounter while carrying out transactions over the web. The paper provides a comprehensive coverage of highly specialized electronic attacks that are on the increase in the electronic environment where SMEs (Small and Medium Enterprises) dealing in E-Commerce carry out their transactions. It is a descriptive account of various threats like client/server security threats as well as cyber identity thefts which have become quite infamous over the years and is invasive and fastest growing crime all around the world especially the U.S. The paper draws on a variety of secondary sources both published and unpublished. Recently the infamous client server attacks like Denial of Service (DoS) especially Distributed Denial of Service attacks made people aware of the importance of providing available data and service securely to users. Cyber security threats like website defacement, phishing, pharming, login attacks etc. have created a distrustful environment while making it very hard for small and medium-sized online service providers(SMEs) to compete with both established online and physically present service providers. It presents a review of literature developed from secondary sources. Cyber security threats are of immense concern to online users indulging in E-Commerce, online service providers, governments, and law enforcement agencies. This paper provides a useful overview of a scenario of cyber security threats in E-Commerce in the SME sector; and, from this summary of the present situation, makes an attempt to enlighten the users about various threats which they can encounter while carrying out their electronic transactions. An analysis of the security threats such as this can also assist an organization in formulating an effective security plan.",39,5,1,49,Internet privacy; Login; Service provider; Business; Client–server model; Law enforcement; Service (business); Computer security; E-commerce; Phishing; Website defacement,,,,,https://www.tandfonline.com/doi/full/10.1080/07366980903132740 https://dl.acm.org/doi/10.1080/07366980903132740,http://dx.doi.org/10.1080/07366980903132740,,10.1080/07366980903132740,2153019726,,0,003-453-730-585-09X; 005-345-535-064-090; 005-634-501-502-786; 013-198-601-154-290; 018-804-658-663-933; 019-402-939-768-947; 021-939-304-269-45X; 023-584-756-032-181; 023-769-520-706-443; 026-167-605-081-287; 029-535-885-328-314; 031-930-208-901-306; 033-345-308-321-857; 035-415-282-335-727; 036-293-092-323-673; 036-868-206-168-291; 037-023-568-978-306; 045-031-860-892-825; 058-469-305-453-610; 059-559-700-525-763; 060-546-530-519-979; 063-059-146-651-538; 063-997-811-546-377; 067-444-940-731-590; 068-701-348-680-019; 071-536-971-222-986; 072-095-794-393-99X; 073-999-777-582-930; 075-430-347-621-350; 080-079-895-650-529; 080-142-567-543-344; 083-715-174-225-868; 085-631-379-517-551; 088-645-241-729-355; 093-531-196-937-045; 093-712-468-855-258; 100-226-723-443-17X; 102-826-568-900-482; 110-108-578-013-063; 111-238-634-198-077; 112-765-943-201-859; 118-484-958-563-489; 123-385-617-260-559; 124-897-802-433-963; 124-968-732-331-747; 127-788-083-803-548; 130-481-511-555-221; 133-690-173-048-939; 135-608-605-980-752; 137-718-495-693-153; 138-894-831-721-416; 140-214-820-467-969; 153-243-081-763-223; 162-003-727-206-80X; 164-100-855-943-668; 174-667-931-378-85X; 179-630-822-538-829; 197-682-262-703-001,7,false,,
011-799-896-820-123,Antitrust and the FCC: The Problem of Network Dominance,,1959,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Bernard Schwartz,,107,6,753,,Dominance (economics); Microeconomics; Political science,,,,,https://core.ac.uk/display/151689112 https://scholarship.law.upenn.edu/penn_law_review/vol107/iss6/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7050&context=penn_law_review https://core.ac.uk/download/151689112.pdf,http://dx.doi.org/10.2307/3310190,,10.2307/3310190,855262063,,0,,3,true,,green
011-805-460-689-273,"""The Common Law is … not what it used to be""*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)",2018-12-13,2018,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Andre M. Louw,"This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an ""implied duty of fair dealing"" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite the apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract. Keywords: Common-law employment contract; labour legislation; good faith; fairness; implied duty of trust and confidence; implied duty of fair dealing; constitutional development of the common law; right to fair labour practices; breach of the employment contract.",21,1,1,20,Economics; Common law; Law; Employment contract; Legislation; Supreme court; Appeal; Duty; Context (language use); Fair dealing,,,,,https://www.africaneditors.org/journal/PELJ/abstract/00516-94886 https://www.ajol.info/index.php/pelj/article/view/183366 https://www.ajol.info/index.php/pelj/article/download/183366/172729 https://scholar.sun.ac.za/handle/10019.1/106745 https://repository.nwu.ac.za/handle/10394/32451 https://core.ac.uk/download/237127128.pdf,http://dx.doi.org/10.17159/1727-3781/2018/v21i0a5661,,10.17159/1727-3781/2018/v21i0a5661,2905177961,,0,,0,true,cc-by,gold
011-924-954-842-866,The State Action Exemption in Antitrust: From Parker v. Brown to Cantor v. Detroit Edison Co.,,1977,journal article,Duke Law Journal,00127086,JSTOR,United States,Linda L. McCall,,1977,4,871,,,,,,,https://core.ac.uk/download/62550615.pdf,http://dx.doi.org/10.2307/1372018,,10.2307/1372018,,,0,,0,true,,green
011-953-576-232-747,Local Conduct and the Sherman Act,,1959,journal article,Duke Law Journal,00127086,JSTOR,United States,Milton A. Kallis,,1959,2,236,,,,,,,https://core.ac.uk/download/62552588.pdf,http://dx.doi.org/10.2307/1371199,,10.2307/1371199,,,0,,0,true,,green
012-004-575-163-841,Delivery of Goods in the Custody of a Third Party: Operation and Basis,,2015,journal article,Edinburgh Law Review,13649809; 17551692,Edinburgh University Press,,Craig Anderson,"In this article, Craig Anderson examines the historical origins and current law of the Scottish rules concerning how delivery of goods in the custody of a third party may be validly effected by transferor to transferee. The author suggests that the form of constructive delivery permitted by law is best analysed as an assignation of the transferor's personal right against the custodier. On this argument, the custodier then ceases to hold the goods for the transferor and begins to hold them for the transferee. As a result, the transferee acquires civil possession of the goods and delivery is complete.",19,2,165,185,Possession (law); Political science; Law; Constructive; Third party; Legal history; Argument,,,,,https://openair.rgu.ac.uk/handle/10059/1224 https://rgu-repository.worktribe.com/output/248702/delivery-of-goods-in-the-custody-of-a-third-party-operation-and-basis https://www.euppublishing.com/doi/abs/10.3366/elr.2015.0270 https://core.ac.uk/display/42535052 https://rgu-repository.worktribe.com/preview/297364/ANDERSON%202015%20Delivery%20of%20goods.pdf https://core.ac.uk/download/222839948.pdf,http://dx.doi.org/10.3366/elr.2015.0270,,10.3366/elr.2015.0270,1982978034,,0,,1,true,cc-by-nc-nd,green
012-155-430-901-071,Challenges to enforcement of cyber-crimes laws and policy,2016-08-31,2016,journal article,Journal of Internet and Information Systems,21416478,Academic Journals,,E. F. G. Ajayi,"Cybercrime, a concept which to date has defied a globally accepted definition, appears to be the latest scourge plaguing man and same has occupied the cynosure. The word “cybercrime” is on the lips of almost everyone involved in the use of the computer and Internet, be it individual, corporate, organization, national, multinational or international. The attention accorded cybercrimes is not far-fetched; on one hand, it is partly rooted in its unavoidable nature as a result of the fact that telecommunications via the cyberspace, is the veritable means by which social interaction, global trade and commerce are transacted; and on the other, the economic losses to which all citizens are exposed whether now or in the nearest future. Aside economic losses, other consequences of cybercrimes includes but not limited to setback to the brand image and company reputation otherwise known as goodwill, loss of intellectual property and sensitive data, opportunity costs which includes but not limited to service and employment disruptions, penalties and compensatory payments to affected clienteles, contractual compensation for delays, cost of countermeasures and insurance, cost of mitigation strategies and recovery from cyber-attacks, the loss of trade and competitiveness, distortion of trade and job loss. This paper argues that it is not as if relevant laws and regulations are not in place because some advanced nations in the world have in one form or another, laws against cybercrimes, yet, the challenge of cybercrimes remains intractable and bewildering. As nations across the globe strives to curb cybercrimes through the instrumentality of the law, so are the cyber criminals devising new and sophisticated techniques to further their trade, thereby rendering impotent, the extant legal measures. This Article intends to bring to the fore, a comprehensive account of why cybercrimes remains an albatross in order showcase the enormity of the challenge faced by humanity, in the hope that, when the extent of the problem is known, may be, a global solution would timeously be fashioned out, to stem the tide of cybercrimes.; ; 	Key words: Cybercrimes, cyber criminals, challenges, enforcement, economic losses.",6,1,1,12,Business; Multinational corporation; Law; Goodwill; Cybercrime; Enforcement; Cyberspace; Intellectual property; Reputation; Opportunity cost,,,,,https://vwvvv.academicjournals.org/journal/JIIS/article-abstract/930ADF960210 https://ajpp.academicjournals.org/journal/JIIS/article-abstract/930ADF960210 https://academicjournals.org/journal/JIIS/how-to-cite-article/930ADF960210 https://res.academicjournals.org/journal/JIIS/article-abstract/930ADF960210 https://academicjournals.org/journal/JIIS/article-full-text-pdf/930ADF960210 https://server.academicjournals.org/journal/JIIS/article-abstract/930ADF960210 https://ww.ms.academicjournals.org/journal/JIIS/how-to-cite-article/930ADF960210,http://dx.doi.org/10.5897/jiis2015.0089,,10.5897/jiis2015.0089,2512559797,,0,025-379-560-719-977; 031-421-386-382-582; 124-232-734-452-487; 187-179-839-438-425,8,true,cc-by,gold
012-198-649-841-827,"An Essay on Contract and Status: Race, Marriage, and the Meretricious Spouse",,1978,journal article,Virginia Law Review,00426601,JSTOR,United States,Howard Hunter,,64,7,1039,,Gender studies; Sociology; Spouse; Race (biology),,,,,https://ink.library.smu.edu.sg/sol_research/2112/ https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=4064&context=sol_research https://core.ac.uk/display/111757923 https://core.ac.uk/download/111757923.pdf,http://dx.doi.org/10.2307/1072486,,10.2307/1072486,2733243828,,0,,16,true,cc-by-nc-nd,green
012-329-813-286-528,Arbitration Procedure Compared With Court Litigation in Patent Controversies,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,John F. Robb,"To appraise properly the possibilities of the usefulness of arbitration for settling litigable matters affecting patents, some understanding of the general nature of ordinary controversies involving patents should be had. Disputes involving patents may generally be placed under three or four classes. The first and most important type of patent litigation is the infringement suit. That is to say, a person or concern owns a patent, and another, without license, is making, selling, or using the invention of the patent, as claimed therein, creating a situation of infringement. To enjoin such infringement and recover damages therefor, a suit in a federal court is necessary, if court procedure is to be availed of, for under the federal statutes patent enforcement is exclusively within the jurisdiction of the United States courts.1",17,4,679,697,Business; Arbitration; Statute; Law; Jurisdiction; Damages; Enforcement; License; Federal court,,,,,https://core.ac.uk/display/62557240 https://scholarship.law.duke.edu/lcp/vol17/iss4/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2545&context=lcp https://paperity.org/p/84733773/arbitration-procedure-compared-with-court-litigation-in-patent-controversies https://core.ac.uk/download/62557240.pdf,http://dx.doi.org/10.2307/1190386,,10.2307/1190386,1511488261,,0,,0,true,,green
012-725-477-553-467,Standard-Form Contracting in the Electronic Age,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Robert A. Hillman; Jeffrey J. Rachlinski,"The Internet is turning the process of contracting on its head. With increasing alacrity, people are mouse-clicking their way into enforceable standard-form contracts on the Internet (""browsewrap"" contracts) while installing software (""clickwrap"" contracts). The emergence of this new contracting medium has produced numerous claims of the inadequacy of existing contract law to govern standard-form contracts made at the speed of light. Consumer advocates worry that the electronic media presents new methods for businesses to take advantage of consumers. By contrast, businesses engaged in e-commerce insist that courts must relax existing legal protections so as to nourish this new form of business. We contend that existing contract law provides an appropriate regime in which to assess electronic contracts. We support our conclusion by reviewing the underlying factors that shape the law of standard-form contracting in the paper world and by determining whether the new dynamics of e-commerce create a fundamentally different environment. In the paper world, business use of standard forms creates efficiencies and saves costs for both businesses and consumers, but it also can lead to business' exploitation of consumers. We assess the rational, social, and cognitive factors, as well as other business practices, that affect consumers' abilities to protect themselves from exploitation. We conclude that the current judicial approach appropriately presumes consumer assent to negotiated terms and, so long as the consumer has had a reasonable opportunity to read the standard terms, to conscionable standard terms. Courts also properly remain vigilant in policing unreasonable boilerplate. A switch to electronic commerce does not change this analysis. To be sure, the electronic environment has provided consumers with new research tools, thereby suggesting that rational consumers will be better able to protect themselves, and the electronic environment has eliminated the social pressures that businesses can use to induce consumers to enter into exploitationist contractual terms. However, the new electronic environment has not changed the overly optimistic manner in which consumers think about these contracts, namely that nothing will go wrong and that boilerplate terms do not matter. In addition, the electronic environment has created new opportunities to exploit consumers. We therefore assert that courts should adopt a strategy similar to their approach in the paper world. Courts should presume the enforceability of both browsewrap and shrinkwrap contracts, but should also focus on the potential for procedural and substantive exploitation by businesses.",,,,,The Internet; Electronic media; Economics; Exploit; Law and economics; Cyberspace; Standard form; Public relations; Process (engineering); Boilerplate text; Information Age,,,,,https://papers.ssrn.com/sol3/delivery.cfm/ssrn_id287819_code011024510.pdf?abstractid=287819 https://scholarship.law.cornell.edu/facpub/1062/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=287819 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID287819_code011024510.pdf?abstractid=287819&rulid=8918799&mirid=5 https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1662&context=facpub,http://dx.doi.org/10.2139/ssrn.287819,,10.2139/ssrn.287819,1548422283,,0,032-580-949-594-269; 095-428-287-277-094; 134-899-067-669-823; 139-871-941-319-473,64,true,,green
012-934-487-265-62X,"Collective Goods, Mobile Resources, and Extraterritorial Trade Controls",,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Kenneth W. Abbott,"In 1981-82, the United States imposed a set of far-reaching extraterritorial restraints on sales of oil and gas transmission equipment and technology to the Soviet Union in an effort to prevent or delay completion of the Yamal natural gas pipeline. This touched off the most violent dispute over extraterritoriality in the history of American trade controls. Numerous law review articles, a few legal briefs, and even a judicial opinion have discussed this incident. Most of these writings deal with the extraterritoriality issue by testing the validity of the American controls against what are presented as the accepted rules of international law regarding national prescriptive jurisdiction. Some writings discuss the ""reasonableness"" principle set forth in section 403 of the Restatement (Revised) of Foreign Relations Law as a limit on extraterritorial controls. The predominant approach, however, is to focus on the ""minimum bases of jurisdiction to prescribe law"" set out in section 402 of the Restatement (Revised), as the principles of law by which the validity of the pipeline regulations should and can be judged. This article considers the extraterritoriality issue more broadly. The perspective of the article is based in part on modern international relations theory. Using this approach, the article identifies two general problems in international politics that are important in understanding the positions of the two sides in the extraterritoriality controversy, their emotional commitment to these positions, and even their legal arguments. The article also discusses the inadequacies of international legal doctrines currently available for dealing with these problems.",50,3,117,152,Judicial opinion; Public good; Political science; Law and economics; International relations theory; Jurisdiction; Extraterritoriality; International relations; Foreign relations; International law,,,,,https://ssrn.com/abstract=1402949 https://apps.law.asu.edu/Apps/Repository/Google.aspx?pid=6415 https://scholarship.law.duke.edu/lcp/vol50/iss3/7/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3906&context=lcp https://core.ac.uk/download/62554442.pdf,http://dx.doi.org/10.2307/1191666,,10.2307/1191666,3123806948,,0,,5,true,,green
012-978-628-182-33X,Morrison v. National Australia Bank and the Future of Extraterritorial Application of the U.S. Securities Laws,,2011,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Genevieve Beyea,"In recent years securities markets have become increasingly interconnected, and securities fraud frequently crosses borders. The United States' welldeveloped private enforcement mechanism for securities fraud is very attractive to investors around the world who are harmed by transnational securities fraud. However, the Supreme Court's recent decision in Morrison v. National Australia Bank, in overturning nearly fifty years offederal court jurisprudence, severely limits the ability of investors to rely on the U.S. securities laws to protect them when the relevant fraud has a significant overseas component. Replacing the Second Circuit 's long-standing conduct and effects tests for determining the extraterritorial reach of the securities laws, the Supreme Court articulated a new transactional test for when the laws apply. This Article analyzes the Supreme Court's opinion and its implications for the regulation of transnational securities fraud It also examines certain provisions of the Dodd-Frank Act which attempted to overturn the Supreme Court's decision as it applies to securities fraud enforcement actions brought by the Securities and Exchange Commission. Ultimately, this Article argues that the Morrison decision significantly curtails the extraterritorial application of the securities laws, which may harm investor confidence, at least in the short term. However, it also has the potential to encourage greater international cooperation in regulating transnational securities fraud, as well as catalyzing regulatory reform in other countries.",,,,,Business; Investment banking; Law; Securities fraud; Regulatory reform; Supreme court; Enforcement; Broker-dealer; Private placement; National best bid and offer,,,,,https://ttu-ir.tdl.org/handle/10601/1919 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1789747_code1372021.pdf?abstractid=1773766&mirid=1 https://kb.osu.edu/handle/1811/71449 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1773766 https://core.ac.uk/display/159580724 https://core.ac.uk/download/159580724.pdf,http://dx.doi.org/10.2139/ssrn.1773766,,10.2139/ssrn.1773766,1914451919,,0,073-397-290-813-954,3,true,,green
013-315-306-796-899,The use of legal software by non-lawyers and the perils of unauthorised practice of law charges in the United States: a review of Jayson Reynoso decision,2010-11-13,2010,journal article,Artificial Intelligence and Law,09248463; 15728382,Springer Science and Business Media LLC,Netherlands,Taiwo Ayodele Oriola,"This paper critically reviews the judgment of the United States Court of Appeals for the Ninth Circuit In re: Jayson Reynoso: Frankfort Digital Services et al., v. Sara L. Kistler, United States Trustee et al. (2007) 447 F.3d 1117. The appellants, who were non-lawyers, were indicted with unauthorised practice of law for offering bankruptcy petition services via online legal software or expert systems in law configured for filing bankruptcy petition forms. The United States Court of Appeals for the Ninth Circuit found inter alia that appellants were bankruptcy petition preparers, and not being lawyers, had exceeded their clerical remit by offering legal advice and legal services in contravention of California law regulating legal practice and 11 U.S.C. Sect. 110 of the Bankruptcy Code (2002). While examining the legal ramifications of the use of legal software by non-lawyers in the preparation of legal documents, the paper critically reviews the factual circumstances of the Reynoso decision in the context of juridical and statutory constructs of unauthorised practice of law in the United States. The paper poses the question whether Reynoso should be viewed as a one-off decision bound by its peculiar facts, or good law for the broad proposition that non-lawyers cannot use legal software in legal documents preparation. The paper also notes the possible legal barriers to an unconditional ban on the design, sale, distribution, and uses of legal software by non-lawyers. These range from the First Amendment right to free speech, constitutional right to pro se legal representation, interstate commerce doctrine, to antitrust provisions of the Sherman Act. A regime of best practices for the use of legal software or expert systems in law by non-lawyers is proffered.",18,3,285,309,Empirical legal studies; Precedent; Legal realism; Legal opinion; Legal profession; Political science; Law; Practice of law; Legal citation; Legal research,,,,,https://pure.ulster.ac.uk/ws/files/11818270/The_Use_of_Legal_Software_by_Non-lawyers.pdf https://link.springer.com/article/10.1007%2Fs10506-010-9103-y https://link.springer.com/content/pdf/10.1007%2Fs10506-010-9103-y.pdf https://rd.springer.com/article/10.1007%2Fs10506-010-9103-y https://link.springer.com/article/10.1007/s10506-010-9103-y/fulltext.html https://pure.ulster.ac.uk/en/publications/the-use-of-legal-software-by-non-lawyers-and-the-perils-of-unauth-3 https://dblp.uni-trier.de/db/journals/ail/ail18.html#Oriola10 https://ulster-staging.pure.elsevier.com/en/publications/the-use-of-legal-software-by-non-lawyers-and-the-perils-of-unauth-3 https://core.ac.uk/download/287022849.pdf,http://dx.doi.org/10.1007/s10506-010-9103-y,,10.1007/s10506-010-9103-y,1998030563,,0,038-401-145-459-274; 039-517-417-432-528; 039-618-082-366-006; 049-464-231-430-483; 064-470-670-154-26X; 065-859-848-834-847; 087-608-682-779-199; 125-896-616-127-26X; 126-193-997-675-969; 144-718-043-367-318; 158-680-650-306-397; 162-517-645-201-296; 164-168-206-406-839; 179-423-022-462-801; 180-074-628-362-453; 185-361-571-841-122,3,true,,green
013-485-029-852-195,The Case for U.S. Ratification of the Basel Convention on Hazardous Waste,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Tseming Yang; C. Scott Fulton,"Over the past two decades, the failure of the United States to ratify a string of global multilateral environmental agreements has become a significant source of frustration for environmentalists and diplomats. Delay has been uniquely serious, however, with respect to the 1989 Basel Convention on Hazardous Wastes. Signed under the elder President Bush and approved by the Senate in 1992, the agreement has remained stuck in legal limbo for almost a quarter of a century - unratified and thus without U.S. membership. The common perception is that Washington politics is to blame. Our article, however, explains that instead a legal issue, which has received little attention, has proven to be the more significant impediment - whether U.S. law provides adequate authority for domestic agencies to carry out treaty obligations. With respect to Basel Convention ratification, it has been commonly believed that further implementing legislation is necessary. Similar assessments of inadequate domestic implementing authority apply to other pending MEAs.Based on a careful review of existing legal authorities, our article argues that the Executive Branch already has, at this point in time, sufficient authority to implement Convention obligations. Given the negative consequences of ongoing delay and the closing time window for avoiding ratification complications associated with the Ban Amendment, the Convention’s controversial amendment that has yet to enter into force, we believe that ratification of the Convention can and should move forward without delay.",,,,,Political science; Quarter (United States coin); Law; Ratification; Legislation; Treaty; Basel Convention; Convention; Blame; Politics,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2688173 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2834055_code656904.pdf?abstractid=2688173&mirid=1 https://www.ssrn.com/abstract=2688173 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2834055_code656904.pdf?abstractid=2688173&mirid=1&type=2 https://core.ac.uk/display/149271083 https://core.ac.uk/download/149271083.pdf,http://dx.doi.org/10.2139/ssrn.2688173,,10.2139/ssrn.2688173,2341640436,,0,,1,true,,green
013-555-129-916-716,Setting Aside Hungarian Arbitral Awards Without Time Limit,,2008,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,István Varga,"I. Introductory remarks The Hungarian Code on Arbitration, regulating both national and international arbitration, Act Nr. LXXI of 1997 (hereinafter: HAA), is in the overwhelming majority of its provisions in conformity with the world’s mainstream legislation on arbitration by implementing the Model Law on Arbitration created by UNICITRAL in 1985. There is only a small, however very important couple of rules, in which the Hungarian lawmaker deviated from the Model Law. 1 This article deals with one of these rules, which happens to be of outstanding significance for the legal practice and in a broader sense for the Hungarian arbitration community and Hungary as place of arbitration: the time limit for instituting setting aside procedures set forth in sec. 55 (1) HAA. The provision in question reads as follows: (1) The party, furthermore any person who is affected by the award, may file for action–within sixty days of the date of delivery of the award of the arbitration tribunal–at the court of law to have the award set aside if: a) the party having concluded the arbitration agreement was lacking legal capacity or competence; b) the arbitration agreement is not considered valid under the law to which the parties have subjected it, or in the absence of such indication, under Hungarian law;",49,3,327,339,Sociology; Arbitration; Compulsory arbitration; Competence (law); Law; Legislation; Aside; International arbitration; Time limit; Legal practice,,,,,http://real.mtak.hu/id/eprint/45261 http://www.akademiai.com/openurl.asp?genre=article&id=doi:10.1556/AJur.49.2008.3.8 http://akademiai.com/index/321907434358l838.pdf https://core.ac.uk/download/78476805.pdf,http://dx.doi.org/10.1556/ajur.49.2008.3.8,,10.1556/ajur.49.2008.3.8,2061183834,,0,,0,true,,green
013-590-269-129-494,"Railroad Antitrust Immunity: Clarification, Discussion, and Evaluation",2011-10-18,2011,journal article,Oregon Undergraduate Research Journal,2160617x,Oregon State University,,William James Goodling,"The U.S. Congress regulated the railroad industry in 1887, and over the course of the 20th century also granted the industry significant antitrust immunities. Antitrust immunities are laws that expressly exempt an industry from prosecution under antitrust laws, such as the Sherman Act. Presumably, the rationale for railroad antitrust immunities was that because railroads were stringently regulated, the regulators alone would uphold antitrust principles and make antitrust litigation unnecessary. However, culminating in the passage of the Staggers Rail Act of 1980, the railroad industry was largely deregulated, yet retained many antitrust immunities. This has raised concerns among shippers and consumers that railroad companies, which often face neither regulation nor antitrust liability, can freely commit anticompetitive abuses. Given these concerns and currently proposed legislation to abolish railroad antitrust immunities, the purpose of this paper is to evaluate the efficacy of legal outcomes in a counterfactual situation where antitrust immunities are abolished. To reach this end, I will first clarify railroad regulation and deregulation, antitrust laws as they apply to all other industries, and the poorly understood railroad antitrust immunities.",1,1,6,23,Counterfactual thinking; Commit; Economics; Law; Legislation; The staggers; Railroad industry; Antitrust Liability; Consent decree; Deregulation,,,,,https://scholarsbank.uoregon.edu/xmlui/handle/1794/23369 http://journals.oregondigital.org/index.php/OURJ/article/download/1516/1611 http://journals.library.oregonstate.edu/index.php/OURJ/article/download/1516/1611 http://journals.library.oregonstate.edu/OURJ/article/view/1516/0 http://journals.oregondigital.org/OURJ/article/view/1516 https://core.ac.uk/download/pdf/235202422.pdf,http://dx.doi.org/10.5399/uo/ourj.1.1.1516,,10.5399/uo/ourj.1.1.1516,2021064414,,0,019-056-952-725-82X; 021-041-176-385-593; 022-409-297-932-150; 045-641-064-169-490; 063-057-643-600-425; 086-312-861-272-378; 098-721-903-463-619; 098-815-597-129-82X; 135-400-045-439-083; 148-935-652-940-921; 190-814-415-290-795,0,true,,green
013-663-016-559-087,"State Taxation of Interstate Commerce, and Federal and State Taxation in Intergovernmental Relations -- 1930-1932",,1933,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Robert C. Brown,,81,3,247,,Economic policy; Dormant Commerce Clause; International trade; Economics; State (polity),,,,,https://www.repository.law.indiana.edu/facpub/1749 https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2751&context=facpub https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8575&context=penn_law_review https://core.ac.uk/display/151690035 https://scholarship.law.upenn.edu/penn_law_review/vol81/iss3/1/ https://core.ac.uk/download/151690035.pdf,http://dx.doi.org/10.2307/3308441,,10.2307/3308441,803195627,,0,,1,true,,green
013-673-109-738-008,"Patrick Colquhoun, the Scottish Enlightenment and Police Reform in Glasgow in the Late Eighteenth Century",2008-10-01,2008,journal article,"Crime, Histoire & Sociétés",14220857; 16634837,OpenEdition,,David G. Barrie,"Patrick Colquhoun’s role in pioneering police reform in London has been widely documented. This paper seeks to examine from where his ideas and inspiration on law enforcement were derived. While it is recognised that Colquhoun drew and built upon the works of other police reformers and police models, it is argued that underlying many of his ideas were developments in policing which were taking place in his native Glasgow in the late eighteenth century – ideas, which in turn, were influenced by the intellectual and philosophical revolution known as the Scottish Enlightenment. In exploring this issue, the article will also examine the significant role played by the wider intellectual, commercial and political climate in shaping police reform in Scotland’s largest city.",12,2,59,79,Sociology; Political climate; Law; Scottish Enlightenment; Law enforcement,,,,,https://www.jstor.org/stable/42708716 http://chs.revues.org/359 https://research-repository.uwa.edu.au/en/publications/patrick-colquhoun-the-scottish-enlightenment-and-police-reform-in https://journals.openedition.org/chs/pdf/359 https://journals.openedition.org/chs/359 https://research-repository.uwa.edu.au/en/publications/patrick-colquhoun-the-scottish-enlightenment-and-police-reform-in-glasgow-in-the-late-eighteenth-century(073acc9f-c0a3-46b0-b913-78b1b9d0d161)/export.html https://core.ac.uk/download/pdf/224096558.pdf,http://dx.doi.org/10.4000/chs.359,,10.4000/chs.359,2139434115,,0,004-050-787-271-278; 008-600-495-633-715; 012-633-428-303-658; 012-981-669-096-38X; 027-745-581-533-573; 029-982-840-257-22X; 031-003-524-286-037; 036-841-140-301-132; 037-011-979-756-89X; 049-843-594-407-848; 062-803-717-716-259; 082-293-893-581-742; 096-616-949-176-239; 111-916-128-472-109; 112-379-806-332-451; 136-581-106-266-000; 152-144-712-178-363; 182-377-486-246-529,11,true,,bronze
013-680-891-602-674,Lawyers in Congress,,1998,journal article,Law and contemporary problems,00239186,Duke University School of Law,United States,John Yoo,The role of congressional lawyers is discussed,61,2,1,20,Government; Political science; Public administration,,,,,https://core.ac.uk/display/62568474 https://read.dukeupress.edu/books/book/988/chapter/147431/Lawyers-in-Congress http://scholarship.law.berkeley.edu/facpubs/1288/ https://works.bepress.com/johnyoo/190/ https://scholarship.law.duke.edu/lcp/vol61/iss2/1/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1079&context=lcp https://lawcat.berkeley.edu/record/1116424/files/fulltext.pdf https://scholarship.law.berkeley.edu/facpubs/2191/ https://core.ac.uk/download/62568474.pdf,https://core.ac.uk/display/62568474,,,1516121155,,0,,3,true,,
013-743-015-629-151,Kazan Arbitration Day: The Rule-of-Law Development and Regional Governance,2017-01-01,2017,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Damir Kh. Valeev; Haimei Yu; Nina Kršljanin,"The third Annual Symposium of the Journal “Herald of Civil Procedure” “2016 –KazanArbitration Day: The Rule-of-Law Development and Regional Governance” was hosted by the Law Faculty on September 30, 2016. The opening ceremony of the event took place in the Hall of the Board of Trustees of theKazanUniversity, followed by an academic discussion on legal issues of the Symposium. The Symposium participants and invited guests had the opportunity to discuss the most current and topical issues of civil procedural law, to present the latest Russian and foreign academic works in this direction to colleagues, to offer further ways of development of contemporary civil procedure, and to exchange experience and accumulated knowledge. The Symposium discussed both the issues that directly related to arbitration proceedings as well as the most relevant news in the field of civil procedure and enforcement proceedings in general.",5,2,129,135,Sociology; Arbitration; Law; Opening ceremony; Rule of law; Procedural law; Enforcement; Corporate governance; Civil procedure,,,,,https://cyberleninka.ru/article/n/kazan-arbitration-day-the-rule-of-law-development-and-regional-governance https://www.russianlawjournal.org/jour/article/view/277/0 https://core.ac.uk/display/87812203 https://www.russianlawjournal.org/jour/article/download/277/167 https://doaj.org/article/cf1107ca5b9744598660682499020e0b https://core.ac.uk/download/pdf/234045590.pdf,http://dx.doi.org/10.17589/2309-8678-2017-5-2-129-135,,10.17589/2309-8678-2017-5-2-129-135,2620479599,,0,,0,true,cc-by-nc-nd,gold
013-774-060-493-590,Federalism and International Human Rights in the New Constitutional Order,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Mark Tushnet,"This article, forthcoming in the Wayne Law Review, examines possible federalism limits on national legislative power to protect internationally recognized human rights in light of the Supreme Court's developing federalism jurisprudence. It argues that developing doctrines limited national power in the international arena will be quite difficult. Neither subject-matter limitations on Congress's power nor the anti-commandeering principle seem readily available, in part for structural reasons arising from the fact that international agreements are negotiated with foreign partners who may be unconcerned with domestic U.S. law, and in part because the historical case for either type of limitation is weaker than the similar case for limitations in the purely domestic context. In addition, the article argues that developing doctrinal limitations on the Treaty Power may guard against possibilities that are increasingly remote in the post-New Deal/Great Society constitutional order, where legislative initiatives are likely to be much less bold than those suggested by aggressive proponents of the use of national power to secure international human rights domestically.",,,,,Economics; Human rights; Law; National power; Supreme court; Treaty; Great Society; Federalism; Jurisprudence; International human rights law,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID263193_code010409630.pdf?abstractid=263193&mirid=1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=263193 https://scholarship.law.georgetown.edu/facpub/250/ https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=263193 https://www.researchgate.net/profile/Mark_Tushnet/publication/47505281_Federalism_and_International_Human_Rights_in_the_New_Constitutional_Order/links/544e2b910cf29473161a1c99.pdf?disableCoverPage=true https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1256&context=facpub https://core.ac.uk/download/70373416.pdf,http://dx.doi.org/10.2139/ssrn.263193,,10.2139/ssrn.263193,1544272956,,0,051-408-487-510-503; 108-954-787-639-733; 163-247-554-811-389,0,true,,green
013-778-199-887-867,Legal protection by design: objections and refutations,,2011,journal article,Legisprudence,17521467; 17521475,Informa UK Limited,United Kingdom,Mireille Hildebrandt,"AbstractTo cope with an increasingly proactive technological infrastructure a so-called vision of Ambient Law has been developed. It entails the articulation of legal protection into the ICT architecture, to safeguard our rights and freedoms within the various cyberspaces we inhabit. I will argue that the Internet of Things and Ambient Intelligence generate novel challenges to the rights to privacy, due process and non-discrimination, warranting effective remedies beyond the written law. The vision of Ambient Law builds on similar notions within the domain of ethics of technology (e.g. privacy by design, privacy by default, value-sensitive design). Expanding on previous publications this contribution engages with three possible objections to the idea of legal protection by design. Firstly, one could object that legal protection should be technology-neutral, meaning that regulators should avoid technology dependence when formulating legal norms. This could imply that legal protection cannot be part of a te...",5,2,223,248,Empirical legal studies; Legal realism; Legal formalism; Philosophy of law; Legal profession; Political science; Right to privacy; Law and economics; Privacy by Design; Law; Legal research,,,,,http://repository.ubn.ru.nl/handle/2066/91998 https://researchportal.vub.be/en/publications/legal-protection-by-design-objections-and-refutations https://www.narcis.nl/publication/RecordID/oai%3Arepository.ubn.ru.nl%3A2066%2F91998 https://www.tandfonline.com/doi/pdf/10.5235/175214611797885693 https://works.bepress.com/mireille_hildebrandt/43/ https://core.ac.uk/display/85404898 https://www.tandfonline.com/doi/abs/10.5235/175214611797885693 https://works.bepress.com/mireille_hildebrandt/43/download/ https://core.ac.uk/download/16176452.pdf,http://dx.doi.org/10.5235/175214611797885693,,10.5235/175214611797885693,2035666447,,0,001-295-307-231-645; 002-237-860-236-514; 002-549-827-833-352; 003-040-398-181-150; 003-133-732-357-979; 004-118-682-996-078; 005-652-313-139-034; 007-611-312-189-840; 015-045-300-702-500; 015-225-872-410-544; 017-328-028-977-769; 017-580-559-398-146; 018-424-920-735-986; 018-618-595-548-671; 019-401-719-299-697; 023-050-264-023-645; 023-497-167-384-79X; 024-953-859-303-113; 026-513-732-359-180; 029-829-654-940-657; 033-955-780-699-683; 034-928-769-255-160; 040-281-185-984-16X; 043-904-828-270-871; 046-027-928-150-794; 052-701-454-446-970; 053-383-743-031-216; 062-862-772-100-748; 063-410-297-450-683; 064-325-552-105-909; 066-425-784-771-59X; 071-459-241-370-657; 072-821-126-734-051; 074-000-051-659-919; 079-924-262-558-984; 082-484-108-043-378; 082-609-710-409-930; 086-359-798-926-057; 089-872-508-404-821; 091-409-377-833-374; 091-645-497-319-737; 094-131-293-799-899; 094-306-181-941-530; 104-052-543-521-853; 107-379-318-267-311; 110-037-779-932-191; 111-960-617-748-952; 113-813-475-985-700; 114-758-821-565-205; 120-975-961-778-876; 123-179-013-873-12X; 127-208-452-641-262; 128-765-146-586-080; 135-316-263-829-547; 135-936-727-304-683; 136-983-587-146-932; 137-616-902-479-676; 139-961-617-550-656; 140-148-908-609-981; 142-956-565-152-665; 149-742-882-393-383; 149-995-358-183-123; 160-076-956-186-026; 160-801-631-921-028; 162-413-928-301-709; 173-143-406-865-090; 174-895-446-277-136; 181-831-497-840-786; 185-376-812-014-331; 186-170-720-322-516; 194-333-131-200-83X,30,true,,green
013-797-041-801-369,Research on problems and countermeasures of e-commerce tax collection and management,2021-10-31,2021,journal article,Theory and Practice of Social Science,26641127; 26641720,"Creative Publishing Co., Limited",,Tian ZHANG,"<jats:p>The Electronic Commerce Law of the People's Republic of China does not solve all tax problems, and also exposes many difficulties during its implementation. This paper analyzes the problems existing in my country's e-commerce tax collection and management: the demarcation of tax objects is blurred, and the tax system is facing severe tests; traditional tax law enforcement is difficult to cope with the development of e-commerce, and law enforcement methods need to be innovative; High; platform operators fail to play a supervisory role, and tax authorities cannot obtain transaction information in a timely manner; e-commerce business process supervision is not in place, and the management mechanism needs to be improved. The following suggestions are put forward: first, improve laws and regulations to form a multi-level legal system; improve The online trading market supervision system regulates the responsibilities of third-party platforms, and avoids tax evasion and tax evasion through the agency mechanism. Transparency to facilitate tax collection and management.</jats:p>",3,4,60,68,Business; Tax law; E-commerce; Enforcement; Double taxation; Database transaction; Transparency (behavior); Accounting,,,,,,http://dx.doi.org/10.6914/tpss.030406,,10.6914/tpss.030406,,,0,,0,true,,bronze
013-833-421-186-164,A Study on the Application and Developing Strategy of Electronic Commerce System in the Sports Industry in China,,2010,journal article,Journal of Capital Institute of Physical Education,,,,Sun Qing-zhu,"By means of literature review,comparative analysis and interviews with experts,after explaining e-commerce system's definition and functions,the authors have analyzed the current application of e-commerce system in the area of China's sports industry,especially its impact on the sports enterprises in China and some of the problems existed in the course of the application.Finally,some developing strategies are put forward,such as enforcing government leading,strengthening the construction of infrastructure,learning from the e-commerce cases of Chinese and foreign enterprises,making relevant laws and regulations,establishing learning-type organizations,and carrying out e-commerce activities based on the characteristics of the sports industry.",,,,,Business; Government; Marketing; China,,,,,https://en.cnki.com.cn/Article_en/CJFDTOTAL-BTSF201001002.htm,https://en.cnki.com.cn/Article_en/CJFDTOTAL-BTSF201001002.htm,,,2350060114,,0,,0,false,,
014-002-698-079-205,Compulsory Arbitration Agreements in Domestic and International Consumer Contracts,,2008,journal article,King's Law Journal,09615768; 17578442,Informa UK Limited,United Kingdom,David Collins,"This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability of legal aid, even in the international context. International arbitration decisions may also be reviewed for procedural irregularities under the New York Convention. Various European court decisions are reviewed where compulsory arbitration clauses in consumer contracts were evaluated for fairness to conclude that courts should be more receptive to such terms because of procedural advantages that they may accord to consumers.",19,2,335,355,Business; Arbitration; Compulsory arbitration; Law and economics; Adjudication; Mandate; Tribunal; International arbitration; Context (language use); Convention,,,,,https://openaccess.city.ac.uk/604/ https://www.tandfonline.com/doi/abs/10.1080/09615768.2008.11423672 https://core.ac.uk/download/42627643.pdf,http://dx.doi.org/10.1080/09615768.2008.11423672,,10.1080/09615768.2008.11423672,3122286707,,0,004-956-426-122-85X; 019-132-045-487-313; 022-586-197-784-127; 034-642-850-224-43X; 054-658-816-335-058; 156-069-385-588-346,1,true,,green
014-008-610-229-764,Elephants and Mice Revisited: Law and Choice of Law on the Internet,2005-06-01,2005,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Peter Swire,"By definition, an essential question of cyberlaw is to define when law will affect actions in cyberspace. Such law might be uniform, such as where nations have entered into a treaty or have adopted the same legal rule. Or, such law might be diverse, such as where nations adopt different legal rules. Diversity of law often does not matter for physical acts, such as where the criminal law of one country simply does not apply to acts performed in a foreign country. On the Internet, however, diversity of law poses a fundamental challenge. Each surfer on a website might be from a foreign jurisdiction, with laws unknown to the owner of the site. Similarly, each website visited by a surfer might be hosted in a foreign jurisdiction, with laws unknown to the surfer. Every encounter in cyberspace, therefore, raises the possibility that diverse laws will apply. The rules for choosing among diverse laws—the subject of this part of the Symposium on “Choice of Law and Jurisdiction on the Internet”—thus appear uniquely important for cyberspace. Surprisingly, however, the number of actual cases addressing choice of law on the Internet is far, far lower than the initial analysis would suggest. Although there is the possibility of diverse national laws in every Internet encounter, some mysterious mechanisms are reducing the actual conflicts to a handful of cases. This Article seeks to explain those mysterious mechanisms. It does not primarily address the prescriptive task of saying what the optimal rules should be for resolving conflicting national laws that affect the Internet. Instead, it takes on a descriptive task. It treats choice of law on the Internet as a dependent variable; the task is to explain when and how choice-of-law rules actually matter on the Internet.",153,6,1975,,The Internet; Economics; Law; Criminal law; Jurisdiction; Treaty; Diversity (business); Choice of law; Cyberspace; Legal aspects of computing,,,,,https://www.jstor.org/stable/4150654 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1348&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol153/iss6/4/ https://core.ac.uk/display/151684657 https://core.ac.uk/download/151684657.pdf,http://dx.doi.org/10.2307/4150654,,10.2307/4150654,298207654,,0,190-120-337-679-001,17,true,,green
014-088-079-376-18X,China's intellectual property rights commitments in the WTO: legal and economic implications,2018-02-28,2018,journal article,China and WTO Review,23838221; 23844388,Yijun Institute of International Law,,Lenka Fojtíková,"This article assesses the compliance of China's domestic laws in the area of intellectual property rights protection with the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS), which China obliged to accept upon its entrance into the WTO. It also discusses the implications which result from the implementation and enforcement of the intellectual property rights in China for doing business in China. The significance of intellectual property rights protection for achieving the strategic objects formulated by China's policy-makers and China's reputation in the world is tackled, as well. Qualitative research based on the concept of compliance showed that China's compliance with its TRIPS obligation should be evaluated with respect to different country-specific as well as country non-specific factors. However, the experience from the historical development of the leading world inventors, such as Japan or the United Kingdom, should also be considered.Web of Science4134",4,1,7,34,Business; Law and economics; China; TRIPS Agreement; Intellectual property,,,,,https://dx.doi.org/10.14330/cwr.2018.4.1.01 http://dx.doi.org/10.14330/cwr.2018.4.1.01 https://core.ac.uk/download/161960388.pdf,http://dx.doi.org/10.14330/cwr.2018.4.1.01,,10.14330/cwr.2018.4.1.01,2791819113,,0,,1,true,cc-by-nc,hybrid
014-147-210-863-782,"Paroline, Restitution, and Transferred Scienter: Child Pornography Possessors and Restitution Based on a Commerce Clause-Derived, Aggregate Proximate Cause Theory",,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Adam Lamparello; Charles E. MacLean,"This Article responds to the Fifth Circuit’s decision in In re Amy Unknown, which is before the United States Supreme Court on granted writ of certiorari. This Article poses a more logical and legal construct, derived from Commerce Clause analysis, that although each individual possessor of child pornography appears to contribute almost imperceptibly to the original victim’s harm, instead, on an aggregate proximate cause theory, the original victim would not have been victimized at all had there been no aggregate market of willing possessors for the material. Victims of child pornography, under the federal statute, and via aggregate proximate cause, have a right to restitution as against the possessors.",,,,,Proximate and ultimate causation; Statute; Political science; Law; Scienter; Child pornography; Supreme court; Restitution; Commerce Clause; Certiorari,,,,,https://ssrn.com/abstract=2370447 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2370447,http://dx.doi.org/10.2139/ssrn.2370447,,10.2139/ssrn.2370447,1534953557,,0,,1,true,,green
014-324-964-814-762,United States v. Morrison 15 Years Later: How the Supreme Court's Disjointed Adjudication of Commerce Clause Legislation Opens a Back Door to Restoring Federal Civil Recourse for Certain Victims of Gender-Based Violence,2016-03-02,2016,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Ann Schober,<jats:p>N/A</jats:p>,34,1,,,Dormant Commerce Clause; Political science; Law; Adjudication; Legislation; Supreme court; Commerce Clause; Back door,,,,,https://jlc.law.pitt.edu/ojs/jlc/article/download/94/101 https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/94 https://core.ac.uk/download/pdf/296521660.pdf,http://dx.doi.org/10.5195/jlc.2015.94,,10.5195/jlc.2015.94,2330574100,,0,,0,true,cc-by-nc-nd,gold
014-367-432-347-85X,The Birth of a Logical System: Thurman Arnold and the Making of Modern Administrative Law,,2004,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Mark Fenster,"Much of what we recognize as contemporary administrative law emerged during the 1920s and 1930s, a period when a group of legal academics attempted to aid Progressive Era and New Deal regulatory efforts by crafting a legitimating system for the federal administrative state. Their system assigned competent, expert institutions - most notably administrative agencies and the judiciary - well-defined roles: Agencies would utilize their vast, specialized knowledge and abilities to correct market failures, while courts would provide a limited but crucial oversight of agency operations. This Article focuses both on this first generation of administrative law scholarship, which included most prominently Felix Frankfurter and James Landis, and on the contemporaneous challenge to their work raised by the legal realist Thurman Arnold. Arnold characterized early modern administrative law as a quasi-formalist effort to impose a logical system of procedure and judicial review on what he saw as pragmatic, functional regulatory agencies that were attempting to address the crisis of the Depression. Although he conceded the persuasive power of this logical system, Arnold predicted that its requirements, especially for adversarial litigation and judicial review, would ultimately impede the optimal operations of a modern administrative state. Although Arnold's eclectic alternative proposals had no influence, his predictions and critique remain incisive and relevant to an academic field and body of doctrine that regularly face regular bouts of intellectual and political crisis. The Article carries the historical disagreement between Arnold and his contemporaries into the present by connecting their debates first to the development of legal process theory as an approach to federal courts and constitutional law in the 1950s and then to similar debates in administrative law today. Arnold's challenge to early modern administrative law, the Article argues, remains relevant because American law still demands a systemic, legalistic conception of the administrative state. A logical system of administrative and legal process has enormous symbolic power even though, as its current detractors note, it often produces suboptimal regulatory practices. The recurring conflict between an enormously durable system and its critique, a conflict that continues to drive administrative law scholarship, began in the 1920s and 1930s; any efforts to reform the field should understand the terms and implications of the conflict's foundations.",,,,,Legal realism; Sociology; Constitutional law; Law; Doctrine; Legal history; Adversarial system; Judicial review; Administrative law; Jurisprudence,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=587051 https://www.ssrn.com/abstract=587051 https://core.ac.uk/download/76622471.pdf,http://dx.doi.org/10.2139/ssrn.587051,,10.2139/ssrn.587051,1541318056,,0,041-049-747-455-068; 083-737-629-736-419; 094-856-680-487-535,2,true,,green
014-506-734-022-45X,"Being Affluent, One Drinks Wine: Wine Counterfeiting in Mainland China",2018-12-01,2018,journal article,"International Journal for Crime, Justice and Social Democracy",22028005; 22027998,Queensland University of Technology,Australia,Anqi Shen,"This article focuses on wine counterfeiting and the policing of fake wines in mainland China. Relying on rich data drawn from published materials and open sources, it discusses three important themes in relation to product counterfeiting: the definitional issue; the scope, scale and organisation of the counterfeiting business; and law enforcement against product piracy. The aim is to broaden our knowledge about the counterfeiting trade, to develop a clear understanding of the illegitimate market, and to help to renew countermeasures that not only enable the exercising of tighter control over the counterfeiting industry but also disrupt the illegal behaviours of counterfeiters. Rather than place emphasis on the protection of intellectual property rights, this article stresses public health concerns with regard to dangerous counterfeit goods such as fake wines. Examining wine counterfeiting within the existing analytical framework of organised crime research, this article contributes to analysis of the nature of product counterfeiting and the issue of policing counterfeit goods.",7,4,16,32,Mainland China; Advertising; Business; China; Organised crime; Counterfeit; Law enforcement; Intellectual property; Product (business); Scale (social sciences),,,,,https://researchportal.northumbria.ac.uk/en/publications/being-affluent-one-drinks-wine-wine-counterfeiting-in-mainland-ch https://openresearch-repository.anu.edu.au/handle/1885/251086 https://doaj.org/article/0f963a3aff474acbbb22dcb2f95b7609 https://northumbria-test.eprints-hosting.org/id/document/267028 https://research.tees.ac.uk/en/publications/being-affluent-one-drinks-wine-wine-counterfeiting-in-mainland-ch http://nrl.northumbria.ac.uk/33848/ https://openresearch-repository.anu.edu.au/bitstream/1885/251086/1/01_Shen_Being_Affluent%252C_One_Drinks_2018.pdf https://core.ac.uk/download/153535628.pdf,http://dx.doi.org/10.5204/ijcjsd.v7i4.1086,,10.5204/ijcjsd.v7i4.1086,2766722462,,0,,7,true,cc-by,gold
014-642-747-071-425,Electronic Signatures And The Statute Of Frauds,2011-06-27,2011,journal article,Journal of Business Case Studies (JBCS),21578826; 15553353,Clute Institute,,William A. Bottiglieri,<jats:p>The Statute of Frauds requires that certain contracts be signed. In this age of e-commerce exactly how does one sign a fax or an e-mail.</jats:p>,4,1,113,116,Business; Statute; Electronic signature; Law,,,,,http://www.cluteinstitute.com/ojs/index.php/JBCS/article/view/4750/4840 https://core.ac.uk/download/pdf/268109922.pdf,http://dx.doi.org/10.19030/jbcs.v4i1.4750,,10.19030/jbcs.v4i1.4750,2178733932,,0,,0,true,,bronze
014-857-500-507-301,Regulation of Insurance Under the McCarran Act,,1950,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,James B. Donovan,"It is a shibboleth of private capital that the less government, the better-""the fewer laws, the less confided power."" Since the closing of the frontier, our national history has been marked by the ceaseless struggle of industry to guard its freedom of decision against the encroachment of governmental restraint. During the past four years, one great segment of American business has seemingly rejected this traditional policy. The insurance industry has not only supported but solicited the enactment by all state legislatures of a comprehensive network of regulatory statutes. Such regulation deals with the lifeblood of an industry-what it may sell and the price it may charge. An analysis of this new system, and its probable success or failure, is the concern of this paper. But an understanding of the matter requires more than a statement of existing facts. We must examine the origins of this anomalous development, must trace the succession of events which led an industry to ask that government be granted a greater voice in its business decisions.",15,4,473,492,Business; Statute; Law and economics; Frontier; Shibboleth; Insurance industry; American business; National history; Guard (information security); Legislature,,,,,https://scholarship.law.duke.edu/lcp/vol15/iss4/1/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2459&context=lcp https://www.jstor.org/stable/info/1189882 https://core.ac.uk/display/62557377 https://core.ac.uk/download/62557377.pdf,http://dx.doi.org/10.2307/1189882,,10.2307/1189882,1493316593,,0,,0,true,,
014-921-846-851-816,Corporate Social Responsibility in China: Current Issues and Their Relevance for Implementation of Law,2005-04-10,2005,journal article,The Copenhagen Journal of Asian Studies,13954199,Copenhagen Business School,Denmark,Karin Buhmann,"Following an introduction to the issue of Corporate Social Responsibility (CSR) and recent developments that indicate a growing interest with CSR in China, this paper discusses some of the issues concerning law in China, in particular effectiveness of labour law and its implementation at local level. The indications are that CSR may have relevance as a modality for strengthening the implementation of law in China. Examples are given of how some CSR-conscious foreign companies that work in or supply from China handle social and environmental responsibility, and tentative perspectives of CSR in China are suggested, with regard to a possible impact on the implementation of law.",22,1,62,91,Labour law; Accounting; Corporate social responsibility; Relevance (law); Human rights; Work (electrical); Political science; China; Law; Compliance (psychology); Sustainability,,,,,http://ej.lib.cbs.dk/index.php/cjas/article/viewFile/521/551 https://research.cbs.dk/en/publications/corporate-social-responsibility-in-china-current-issues-and-their https://rauli.cbs.dk/index.php/cjas/article/viewFile/521/551 https://portal.findresearcher.sdu.dk/en/publications/corporate-social-responsibility-in-china-current-issues-and-their https://rauli.cbs.dk/index.php/cjas/article/view/521 https://rauli.cbs.dk/index.php/cjas/article/download/521/551 https://core.ac.uk/download/pdf/236999975.pdf,http://dx.doi.org/10.22439/cjas.v22i1.521,,10.22439/cjas.v22i1.521,1498313876,,0,006-271-751-466-77X; 006-868-259-229-264; 015-201-001-588-340; 018-725-942-528-573; 020-473-583-818-184; 022-955-241-407-267; 046-043-291-706-328; 081-045-237-887-63X; 094-285-908-871-407; 105-146-397-585-608; 126-534-257-388-561; 159-196-524-170-902; 177-591-536-162-363; 188-972-937-511-788,29,true,cc-by,gold
014-957-333-152-838,Incontestability,,1949,journal article,Law and Contemporary Problems,00239186; 19452322,JSTOR,United States,Casper W. Ooms; George E. Frost,,14,2,220,220,Political science,,,,,https://core.ac.uk/download/62557488.pdf,http://dx.doi.org/10.2307/1189833,,10.2307/1189833,,,0,,0,true,,
015-106-500-283-677,"The Supreme Court and State Action Challenged Under the Fourteenth Amendment, 1931-1932",,1933,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Pendleton Howard,,81,5,505,,Political science; Law; Supreme court; Amendment; State action,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8591&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol81/iss5/1/ https://core.ac.uk/download/151690041.pdf,http://dx.doi.org/10.2307/3308174,,10.2307/3308174,2916305060,,0,,0,true,,green
015-287-117-997-541,CONSUMER PROTECTION IN ELECTRONIC CONTRACTS: THE CASE OF INDONESIA,2017-06-30,2017,journal article,Journal of Nusantara Studies (JONUS),01279386; 01279319,SciTech Solutions,,Erni Agustin; Faizal Kurniawan,"This paper aims to provide insights into the consumer protection in e-commerce in Indonesian context. In 2015, ASEAN Economic Community (AEC) which includes Indonesia as a member, was established for a regional economic integration by reducing the transactions costs of trade, improv ing trade and business facilities, as well as enhancing the competitiveness of Small and Medium-Sized Enterprises sector. AEC is expected to promote electronic transactions. Even though Indonesia has the Law Number 8 Year 1999 on Consumer Protection, this law does not regulate specifically on electronic transactions. In response to this limitation, Indonesia has issued the Law Number 11 Year 2008 on Information and Electronic Transactions and Government Regulation Number 82 Year 2012 on the Implementation of Systems and Electronic Transactions. This is followed by enactment of Law Number 7 Years 2014 on Trade, which regulates general domestic trade, foreign trade, border trade and commerce through the electronic system. The law aims to stem the flood of products imported into Indonesia so that the use of domestic products can be increased. This paper concludes that legislations which regulate consumer protection in electronic transactions are still inadequate thus Indonesia is not fully ready to deal with the consumer protection in e-commerce. Keywords: Electronic contracts, consumer protection, Indonesia, ASEAN Economic Community. Cite as: Agustin, E. & Kurniawan, F. (2017). Consumer protection in electronic contracts: The case of Indonesia. Journal of Nusantara Studies, 2 (1), 159-169.  http://dx.doi.org/10.24200/jonus.vol2iss1pp159-169",2,1,159,169,Business; Domestic trade; Border trade; Indonesian; Context (language use); Electronic contracts; Government regulation; Consumer protection; Economic integration; Commerce,,,,,https://journal.unisza.edu.my/jonus/index.php/jonus/article/view/84 https://journal.unisza.edu.my/jonus/index.php/jonus/article/download/84/114 https://core.ac.uk/download/pdf/234577574.pdf,http://dx.doi.org/10.24200/jonus.vol2iss1pp159-169,,10.24200/jonus.vol2iss1pp159-169,2739642091,,0,,2,true,,gold
015-367-641-580-347,Penerapan Arbitrase Online dalam Penyelesaian Sengketa Transaksi E-Commerce,,2010,journal article,JURNAL HUKUM IUS QUIA IUSTUM,08548498,Universitas Islam Indonesia (Islamic University of Indonesia),,Abdul Halim Barkatullah,"This research focuses on method of dispute resolution using online arbitration as online dispute resolution. This research character is analytical descriptive. Analysis method used in this research is qualitative method. The result of this research shows: First, online arbitration as one of the method of dispute resolution using online dispute resolution considered by e-commerce business actors as the best solution in resolving dispute in cyber world; Second, online arbitration in the practice faces juridical obstacle in some matters as follow: (1) agreement to perform arbitration; (2) choice of arbiter (3) fulfillment of fundamental procedures; (4) character and execution of arbitration binding decision. Key words : Online arbitration, dispute, and e-commerce",17,3,363,382,Dispute resolution; Arbitration; Online dispute resolution; Law and economics; Key (cryptography); Obstacle; Arbiter; Character (mathematics); Analysis method; Computer science,,,,,https://www.neliti.com/publications/82445/penerapan-arbitrase-online-dalam-penyelesaian-sengketa-transaksi-e-commerce https://jurnal.uii.ac.id/IUSTUM/article/view/3914/0 https://journal.uii.ac.id/IUSTUM/article/view/3914/3489 https://journal.uii.ac.id/IUSTUM/article/download/3914/3489 https://media.neliti.com/media/publications/82445-ID-penerapan-arbitrase-online-dalam-penyele.pdf,http://dx.doi.org/10.20885/iustum.vol17.iss3.art2,,10.20885/iustum.vol17.iss3.art2,2944832821,,0,,1,true,cc-by-sa,hybrid
015-458-372-744-449,Cyberlaw: Problem dan Prospek Pengaturan Aktivitas Internet,2001-10-16,2001,journal article,Jurnal Hukum IUS QUIA IUSTUM,08548498; 2527502x,Universitas Islam Indonesia (Islamic University of Indonesia),,Nandang Sutrisno,"The development of internet, undeniably, has multidimensional implications and specific characters of cyberspace. In fact, mostexisting laws have been provided and created for there alworld. There fore, the questions are whe therornot the laws  for realworld provide for cyberspace? Should laws for cyberspace differ from those for realworld? Is it a must to have a specific Cyberlaw? This writing proposes to elaborate on problems a rising or potentially a rising from activities in intemet, especially those related to E-Commerce, directly or indirectly. This paper also tries  for ecommend some anticipative alternatives.",8,16,30,41,The Internet; Engineering; Cyberspace; Computer security; Legal aspects of computing,,,,,https://jurnal.uii.ac.id/IUSTUM/article/download/4835/4274 http://jurnal.uii.ac.id/index.php/IUSTUM/article/view/4835 https://journal.uii.ac.id/IUSTUM/article/download/4835/4274 https://journal.uii.ac.id/IUSTUM/article/view/4835 https://jurnal.uii.ac.id/IUSTUM/article/view/4835/4274 https://media.neliti.com/media/publications/84816-ID-cyberlaw-problem-dan-prospek-pengaturan.pdf,http://dx.doi.org/10.20885/iustum.vol8.iss16.art3,,10.20885/iustum.vol8.iss16.art3,2508100466,,0,,0,true,cc-by-sa,hybrid
015-543-150-982-085,Organ Trafficking and the TVPA: Why One Word Makes a Difference in International Enforcement Efforts,,2007,journal article,The Journal of contemporary health law and policy,08821046,Catholic University of America,United States,Elizabeth Pugliese,,24,1,181,208,Internet privacy; Political science; Enforcement; Organ Trafficking; Communication; Word (computer architecture),,Commerce; Crime/legislation & jurisprudence; Humans; Internationality; Tissue and Organ Procurement/economics,,,https://scholarship.law.edu/jchlp/vol24/iss1/7/ http://europepmc.org/abstract/MED/18507360 https://scholarship.law.edu/cgi/viewcontent.cgi?article=1111&context=jchlp https://paperity.org/p/82815575/organ-trafficking-and-the-tvpa-why-one-word-makes-a-difference-in-international https://www.ncbi.nlm.nih.gov/pubmed/18507360,https://www.ncbi.nlm.nih.gov/pubmed/18507360,18507360,,786088937,,0,,3,false,,
016-346-442-820-604,Anti-spam legislation: An analysis of laws and their effectiveness,,2007,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Guido Schryen,"More than half of worldwide e-mail traffic (an estimated total of several billion e-mails per day) consists of spam. This is becoming a considerable disturbance to telecommunications. Spam is also closely related to other kinds of cybercrime as it possibly contains malicious software or is pursuing some kind of fraudulent aim such as phishing. As well as technical and organizational measures, many countries have introduced anti-spam legislation. However, today's worldwide legislative coverage of spam is heterogeneous, and its effectiveness is discussed controversially. This article describes important parameters by which anti-spam legislation can vary and gives an overview and analysis of worldwide anti-spam legislation, including the European Directive 2002/58/EC and the United States CANSPAM Act 2003, and international cooperation, such as the London Action Plan. The article then proceeds to discuss the effectiveness of current laws and identifies problems resulting from the fact that an international phenomenon is being addressed by national legislation. Finally, the article presents suggestions for overcoming some of these problems.",16,1,17,32,Business; Law; Legislation; Cybercrime; Directive; Action plan; Computer security; Malware; Legislature; Phishing,,,,,https://ris.uni-paderborn.de/record/5652 https://core.ac.uk/display/36574258 https://epub.uni-regensburg.de/21253/ https://www.tandfonline.com/doi/full/10.1080/13600830701194521 https://ris.uni-paderborn.de/download/5652/6325/JOUNAL_VERSION.pdf https://core.ac.uk/download/11550339.pdf,http://dx.doi.org/10.1080/13600830701194521,,10.1080/13600830701194521,2128698988,,0,015-450-899-612-323; 027-664-937-578-437; 029-647-927-713-656; 031-445-974-292-598; 036-514-594-833-389; 038-307-256-457-473; 046-990-749-240-482; 050-662-308-653-291; 059-354-363-058-623; 065-199-687-990-409; 065-631-809-834-763; 079-287-629-086-401; 085-060-101-025-062; 100-223-402-575-469; 134-450-336-121-891; 152-236-181-117-825; 172-408-021-676-103,13,true,,green
016-433-879-148-625,Stealing Time: The Propriety of Alleging Common Law Conversion in Modern Wage Theft Lawsuits,2018-01-11,2018,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Hilary Goldberg; Nanci Carr; Paul J. Silvia,"The words “wage theft” frequently make headlines when workers sue employers for underpayment or nonpayment of wages. [1] Wage theft is “the illegal refusal by an employer to pay a worker the wages and benefits that he or she has legally earned.” [2] In the United States, employer violation of wage and hour laws is a vast and enduring problem, affecting as many as two-thirds of workers. In an attempt to combat this epidemic threat to hourly workers’ bottom lines, legislatures have fashioned numerous laws, some even invoking the power of “wage theft” terminology, such as New York’s Wage Theft Prevention Act. [3] However, despite the pervasive usage of the term “wage theft” by the media, politicians, and pundits, a search of the term “wage theft” in legal libraries yields little precedent. This begs the question: can employers be liable for conversion for failing to compensate employees for time-spent working? The efficacy of conversion claims in wage related lawsuits remains an unsettled question. However, if as a society we are sounding the alarm in every incidence of possible wage and hour law violations, we ultimately misinform the population of potential plaintiffs regarding the viability of a claim for theft, or conversion, of earned yet unpaid wages. The term “wage theft” is not a term of art; its closest legal corollary is the common law tort of conversion. Although we as a society frequently identify underpayment or nonpayment of wages as “wage theft,” pleading and proving that the employer has converted an employee’s wages presents an array of challenges that few plaintiffs can overcome. In this paper, we will explore the term “wage theft” as used in our society, and we will contrast this common understanding with the strict legal framework within which plaintiffs must present “wage theft” claims. Finally, we will explore this disconnect in an attempt to reconcile why such a gap exists, and persists, between the commonplace description of a worker’s reality, and the laws available to make the worker whole again. While it appears the term “wage theft” equates more readily with an exclamation of outrage than an effective claim for relief, its persistence underscores the continuing need for common law remedies, like conversion, to fill in the enforcement gaps left behind by persistently reactive legislation. [1] See Brady Meixell and Ross Eisenbrey, An Epidemic of Wage Theft Is Costing Workers Hundreds of Millions of Dollars a Year, Economic Policy Institute (Sep. 11, 2014),  http://www.epi.org/publication/epidemic-wage-theft-costing-workers-hundreds/; Josh Eidelson, LinkedIn Stiffed its Own Employees, Agrees to Pay Millions, BUSINESSWEEK (Aug. 5, 2014), https://www.bloomberg.com/news/articles/2014-08-05/linkedin-stiffed-its-own-employees-agrees-to-pay-millions; and Monica Potts, The Very Real Scourge of Wage Theft, THE DAILY BEAST (Feb. 15, 2015), http://www.thedailybeast.com/articles/2015/02/15/the-very-real-scourge-of-wage-theft.html. [2] Hilda L. Solis, Wage Theft Harms All of Us , The Huffington Post (July 19, 2015), http://www.huffingtonpost.com/hilda-l-solis/wage-theft-harms-all-of-u_b_7829514.html. [3] Wage Theft Prevention Act, 2009 N.Y.S.N. 8380 (Apr. 12, 2011).",36,1,1,22,Business; Common law; Law and economics; Tort; Legislation; Wage; Pleading; Population; Legislature; Plaintiff,,,,,https://jlc.law.pitt.edu/ojs/jlc/article/view/131 https://jlc.law.pitt.edu/ojs/jlc/article/download/131/121 https://core.ac.uk/download/pdf/296521699.pdf,http://dx.doi.org/10.5195/jlc.2017.131,,10.5195/jlc.2017.131,2783480265,,0,,1,true,cc-by-nc-nd,gold
016-526-859-340-786,"The Internet of Things and the Smart City: Legal challenges with digital forensics, privacy, and security",2018-04-26,2018,journal article,Security and Privacy,24756725,Wiley,,Michael Losavio; Kam-Pui Chow; Andras Koltay; Joshua I. James,,1,3,e23,,Internet privacy; Smart city; Computer science; Internet of Things; Digital forensics,,,,,https://dblp.uni-trier.de/db/journals/sap/sap1.html#LosavioCKJ18 https://onlinelibrary.wiley.com/doi/full/10.1002/spy2.23 https://core.ac.uk/download/227754884.pdf,http://dx.doi.org/10.1002/spy2.23,,10.1002/spy2.23,2801640699,,0,000-732-818-777-187; 011-895-474-307-418; 017-096-196-362-691; 017-700-647-172-124; 023-315-298-176-771; 027-616-748-861-595; 066-757-651-381-396; 073-403-475-896-395; 125-384-800-661-375; 131-343-975-970-803,40,true,,green
016-975-809-624-645,The Effect of Enforcing Tobacco-Sales Laws on Adolescents' Access to Tobacco and Smoking Behavior,1997-10-09,1997,journal article,The New England journal of medicine,00284793; 15334406,Massachussetts Medical Society,United States,Nancy A. Rigotti; Joseph R. DiFranza; Yuchiao Chang; Thelma Tisdale; Becky Kemp; Daniel E. Singer,"Background Enforcing laws banning tobacco sales to minors is widely advocated as a way to reduce young people's access to tobacco and tobacco use. Whether this approach is successful is not known. Methods In a two-year controlled study, we assessed sales of tobacco to minors and young people's access to and use of tobacco in six Massachusetts communities. Three communities (the intervention group) enforced tobacco-sales laws, whereas three matched communities (the control group) did not. To assess compliance with the law, minors working for the study investigators attempted to purchase tobacco from all retail vendors in each community every six months. Three annual anonymous surveys of a total of 22,021 students in grades 9 through 12 (response rate, 84 percent) measured access to tobacco and smoking behavior. Results At base line, 68 percent of 487 vendors sold tobacco to minors. Compliance with the law improved significantly faster in the intervention communities than in the controls (P<0.001). By the s...",337,15,1044,1051,Public health; Consumer behaviour; Legislation; Smoking cessation; Response rate (survey); Law enforcement; Intervention (counseling); Smoking behavior; Environmental protection; Medicine; Environmental health,,Adolescent; Adolescent Behavior; Commerce/legislation & jurisprudence; Female; Humans; Male; Massachusetts/epidemiology; Smoking/epidemiology; Tobacco Industry/legislation & jurisprudence,,NCI NIH HHS (CA01673) United States,https://www.nejm.org/doi/abs/10.1056/NEJM199710093371505 https://www.nejm.org/doi/full/10.1056/NEJM199710093371505 https://europepmc.org/article/MED/9321533 https://pubmed.ncbi.nlm.nih.gov/9321533/ https://www.ncbi.nlm.nih.gov/pubmed/9321533 https://psycnet.apa.org/record/1997-43153-001,http://dx.doi.org/10.1056/nejm199710093371505,9321533,10.1056/nejm199710093371505,2137463885,,0,007-285-702-939-108; 008-319-501-302-636; 011-235-568-941-563; 013-226-745-143-828; 014-341-980-558-468; 020-783-390-456-109; 021-380-210-600-901; 022-512-535-681-314; 025-546-165-877-268; 032-887-898-989-135; 040-511-831-304-925; 046-598-090-579-94X; 061-972-603-152-468; 063-238-567-890-768; 064-010-169-979-64X; 075-260-639-427-577; 092-377-569-327-794; 098-291-230-008-197,265,false,,
017-061-122-190-09X,Local and Unofficial Arrangements for Labor Dispute Settlement,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Arthur W. Hepner,,12,2,220,231,Political economy; Political science; Law; Dispute settlement,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2301&context=lcp https://core.ac.uk/display/62557692 https://scholarship.law.duke.edu/lcp/vol12/iss2/3/ https://core.ac.uk/download/62557692.pdf,http://dx.doi.org/10.2307/1190051,,10.2307/1190051,1507624970,,0,,1,true,,green
017-079-605-965-115,"Enforcement of tobacco purchase, use, and possession laws in four Kentucky communities.",,2007,journal article,"Policy, politics & nursing practice",15271544; 15527468,SAGE Publications Inc.,United States,Ellen J. Hahn; Carol Riker; Karen M. Butler; Sarah E. Cavendish; Paul Lewis; Lisa Greathouse Maggio; Veronica Nunley,"This case study examined the implementation and enforcement of the purchase, use, and possession (PUP) laws for tobacco in four Kentucky communities. Purposive and snowball sampling were used to identify 44 adult key informants. Qualitative, semistructured phone interviews assessed knowledge about PUP laws, enforcement, effects of the laws on teen tobacco use, and perceptions about the laws. Seven themes were identified: enforcement not a priority, unaware of enforcement authority, spotty enforcement, other sources of tobacco, minimum penalties, confusion about compliance checks, and schools as de facto enforcers. One community went beyond the statutory requirements of the law and created more stringent penalties for violating the use and possession law, and it also had low illegal sales rates. These laws may be more effective if they are enforced strictly with a meaningful penalty and a clear enforcement strategy.",8,2,140,147,Snowball sampling; Possession (law); Public policy; Business; Statutory law; Law; Phone; Enforcement; De facto; Tobacco use,,"Adolescent; Adolescent Behavior; Attitude to Health; Child; Commerce/legislation & jurisprudence; Community Participation/legislation & jurisprudence; Health Knowledge, Attitudes, Practice; Health Services Needs and Demand; Humans; Kentucky; Law Enforcement/methods; Minors/legislation & jurisprudence; Nursing Methodology Research; Qualitative Research; Smoking/epidemiology; Smoking Prevention; Surveys and Questionnaires; Tobacco",,,https://journals.sagepub.com/doi/abs/10.1177/1527154407303500 https://www.ncbi.nlm.nih.gov/pubmed/17652631 https://europepmc.org/article/MED/17652631 http://ppn.sagepub.com/content/8/2/140.abstract,http://dx.doi.org/10.1177/1527154407303500,17652631,10.1177/1527154407303500,2087979073,,0,002-629-350-520-884; 012-748-678-229-403; 016-860-159-218-935; 016-975-809-624-645; 019-544-709-070-31X; 020-783-390-456-109; 022-530-304-213-213; 029-366-979-732-524; 032-168-979-512-91X; 036-440-876-920-967; 037-803-420-589-811; 044-993-339-593-358; 053-844-698-560-125; 056-773-310-211-003; 062-717-156-343-198; 075-404-675-082-350; 076-669-748-391-729; 076-671-719-211-525; 086-155-518-024-549; 093-971-892-910-822; 135-652-218-142-597,7,false,,
017-342-026-532-29X,Private Lawmaking in Commercial Cyberspace,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Eliza Karolina Mik,"No discussion of “Law and Technology” would be complete without at least one essay centered on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet meta-narrative” that often leads to superficial arguments and unhelpful generalizations. We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing the Internet in the context of freedom of speech or cybercrime raises different legal issues than in the context of commerce or contract. In most instances, we should avoid mentioning the Internet altogether and refer to specific Internet-enabled technologies or services, such as e.g. the web or video streaming. This brief essay addresses one specific issue: the regulation of online activity by means of private agreement. I have, however, chosen yet another term to provide the backdrop for the discussion: “cyberspace.” Although we know that cyberspace only exists at some esoteric, conceptual level, I have chosen the term to pay homage to early cyberspace scholarship, to invoke the reader’s memories of its idealistic values and its promotion of separatist, self-regulatory thinking. Consequently, embellishing cyberspace with the adjective “commercial” seems highly inappropriate, if not heretical. After all, cyberspace is supposed to be free, permeated with community spirit and libertarian values. How can it be commercial?",,,,,Internet privacy; The Internet; Political science; Scholarship; Yet another; Lawmaking; Cybercrime; Context (language use); Cyberspace; Promotion (rank),,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2878420 https://www.ssrn.com/abstract=2878420 https://core.ac.uk/download/111759502.pdf,http://dx.doi.org/10.2139/ssrn.2878420,,10.2139/ssrn.2878420,3121417420,,0,027-931-142-257-756; 036-204-923-223-44X; 042-107-075-146-965; 045-812-454-415-224; 077-613-501-565-348; 094-360-611-204-918; 113-025-904-022-850; 130-363-820-885-593; 150-505-106-725-396; 153-154-943-224-65X; 155-742-415-769-924,0,true,cc-by-nc-nd,green
017-586-643-392-49X,Trusted notifiers and the privatization of online enforcement,,2019,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Sebastian Felix Schwemer,"Abstract Online content is increasingly enforced by private parties based on private regulation. One recent trend in the takedown of unlawful online content is the emergence of models, where trusted third parties – private or public – are given privileged notification channels for flagging infringing content. Despite increasing practical importance, these arrangements have received little scholarly attention. This article explores the functioning of trusted notifier-models and how they are addressed by the European lawmaker in the context of two intermediaries, online platforms and domain name registries. Depending on intermediary, trusted notifier-models can both be seen as extension of the existing notice-and-takedown regimes and an additional voluntary expedited-enforcement layer. The author argues that these trusted notifier-models are problematic given the broad room of autonomy that the legislator is leaving to private parties. Whereas models involving public authorities are subject to general administrative law principles as well as constitutional and human rights safeguards, the framework for private regulation (i.e. without intervention of public actors) is less clear. In the field of domain names, these legitimacy issues give raise to special concern given the detached relation between domain names and website content. The paper criticizes the lack of insights into existing arrangements and calls for increased transparency. The author concludes that a legislative minimum framework is desirable.",35,6,105339,,Intermediary; Business; Human rights; Law and economics; Enforcement; Context (language use); Transparency (behavior); Legislator; Administrative law; Intervention (law),,,,Innovation Fund Denmark,https://dblp.uni-trier.de/db/journals/clsr/clsr35.html#Schwemer19 https://www.sciencedirect.com/science/article/pii/S0267364918304436 https://core.ac.uk/download/288817963.pdf,http://dx.doi.org/10.1016/j.clsr.2019.105339,,10.1016/j.clsr.2019.105339,2970758663,,0,,1,true,,
017-674-144-155-289,Resolving Unresolved Relationship problems – the case of Cross Border Insolvency and Pending Arbitrations,,2011,journal article,European Company and Financial Law Review,16132548; 16132556,Walter de Gruyter GmbH,,Jason Chuah,"The relationship between arbitration and insolvency in a cross border context is fraught with difficulties which can blight transnational insolvency practice. This article is concerned with the judicial constructs applied (in the EU, civil law and common law traditions) to resolve the conflict between a pending arbitration in one country and forthcoming insolvency proceedings in another. Should the arbitration be allowed to continue and what law should be used to determine the issue? In the EU, it might be said that the question is largely determined by the EU Insolvency Regulation. A comparative law and teleological discussion would highlight the different imperatives adopted in the different judicial approaches to the problem.; ; The debate has sometimes been reduced to a pro or anti arbitration dispute. This article is less concerned with that direct confrontation. Instead, it is interested in the debate about the public interest which is claimed to be maintained when arbitration is allowed or disallowed to proceed in the light of impending insolvency. It thus draws on case examples from different jurisdictions to examine the perceived judicial role to protect the public interest by controlling arbitrations in this context.",8,4,423,444,Comparative law; Arbitration; Common law; Political science; Law and economics; Civil law (legal system); Cross-border insolvency; Judicial Role; Insolvency; Commercial law,,,,,https://www.degruyter.com/view/journals/ecfr/8/4/article-p423.xml?language=en https://ideas.repec.org/a/bpj/eucflr/v8y2011i4p423-444n1.html https://EconPapers.repec.org/RePEc:bpj:eucflr:v:8:y:2011:i:4:p:423-444:n:1 https://openaccess.city.ac.uk/id/eprint/6679/ https://core.ac.uk/download/42627667.pdf,http://dx.doi.org/10.1515/ecfr.2011.423,,10.1515/ecfr.2011.423,3124646911,,0,,0,true,,green
017-681-445-409-129,Regtech as an antitrust enforcement tool,2020-06-15,2020,journal article,Journal of Antitrust Enforcement,20500688; 20500696,Oxford University Press (OUP),,Rob Nicholls,"<jats:title>Abstract</jats:title>;                <jats:p>Financial technology (Fintech) has been applied to business models in the financial services sector. Associated with this has been the rise of regulatory technology (Regtech) in that sector. However, the major application of Regtech in financial services is as a tool for regulatory compliance, rather than for regulatory enforcement. This article explores an approach to applying Regtech techniques to antitrust enforcement. It does this by applying those techniques to the detection of resale price maintenance (vertical price fixing). The exploration is limited to pricing on e-commerce platforms such as AliExpress, eBay, and Amazon Marketplace. The Regtech application is effected by presenting the literature and cases on resale price maintenance and the application of the law in Australia, the US, and the EU. The article examines the application of machine learning in the Regtech environment and the ways in which application programming interfaces could be used. The article proposes approaches to machine learning solutions for the detection of potentially infringing resale price maintenance conduct. It also presents the basis of an algorithm for detecting that conduct.</jats:p>",9,1,135,151,Business; Law and economics; Antitrust enforcement,,,,UNSW Business School Cybersecurity; Data Governance Research Network,https://academic.oup.com/antitrust/article/9/1/135/5857792,http://dx.doi.org/10.1093/jaenfo/jnaa011,,10.1093/jaenfo/jnaa011,3035322249,,0,,1,false,,
017-834-794-556-754,The Role of Arbitration Clauses in Resolving Disputes in Carriage of Goods Across International Borders,,2019,journal article,"Journal of Law, Policy and Globalization",,"International Institute for Science, Technology and Education",,,"For the past decade or so, the uniformity of the law of international carriage of goods by sea has increasingly been undermined by the promulgation of hybrid carriage regimes by several maritime jurisdictions which depart from the established international uniform rules.  This is one of the exemplifications of the increasing disregard for international maritime law propelled by accelerating domestic unilateralism. The aim of this article is to bring to the fore the role of arbitration in resolving disputes between parties in the international carriage of goods in juxtaposition with litigation, and why it is favoured among other alternative dispute resolution mechanisms. This paper argues that in the absence of a uniform set of laws regulating commercial disputes at sea, the inclusion of arbitration clauses in international carriage of goods is the most effective means of resolving disputes among parties. Not only does arbitration save time and cost, but also awards can be enforced on multiple jurisdictions. Keywords: Arbitration, Arbitration Clauses, Dispute solving, International trade DOI: 10.7176/JLPG/83-04 Publication date:March 31st 201",,,,,,,,,,https://core.ac.uk/download/pdf/234652115.pdf,http://dx.doi.org/10.7176/jlpg/83-04,,10.7176/jlpg/83-04,,,0,,0,true,cc-by,hybrid
017-874-047-807-309,The Case of the Trans-Missouri Freight Association,,1897,journal article,The American Law Register and Review,15583538,JSTOR,,George Stuart Patterson,,45,5,307,,Demography; Geography; Association (object-oriented programming),,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5516&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol45/iss5/2/ https://core.ac.uk/display/151688111 https://core.ac.uk/download/151688111.pdf,http://dx.doi.org/10.2307/3305651,,10.2307/3305651,783074914,,0,,0,true,,green
017-914-606-139-110,Some Thoughts on the Federal Securities Laws Regulating External Investment Management Arrangements and the ALI Federal Securities Code Project,,1976,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Alan Rosenblat; Martin E. Lybecker,,124,3,587,,Accounting; Business; Investment banking; Code (cryptography); Investment management; Broker-dealer; Private placement,,,,,https://dx.doi.org/10.2307/3311600 https://scholarship.law.upenn.edu/penn_law_review/vol124/iss3/1/ https://core.ac.uk/download/151687837.pdf,http://dx.doi.org/10.2307/3311600,,10.2307/3311600,828477847,,0,,1,true,,green
018-064-033-658-64X,Law and Economic Growth in China: A Case-Study of the Stock Market,2018-07-17,2018,journal article,Asian Journal of Law and Society,20529015; 20529023,Cambridge University Press (CUP),United Kingdom,Zhong Zhang,"It is widely accepted that law is essential for economic growth. Prominent economists in China have repeatedly called for strengthening the legal system so that the economy can continue to grow. Nevertheless, the fact that China has been able to achieve rapid economic growth while the law is weak seems to cast doubt on the significance of law. It is even suggested that China is a counter-example to the importance of law and, more provocatively, it is argued that China’s economy grew rapidly not “in spite of,” but “because of,” weak law. To gain a richer and deeper understanding of law in China’s economic growth, this paper conducts a case-study of China’s stock market by examining its growth history and legal development. It is found that China has built from scratch a complex legal and regulatory system governing the stock market, which actually played a critical role in supporting the growth of the market. However, the trajectory of development was law following market growth, which was in turn caused by ideological and political liberalization. On the other hand, the market did not grow to its full potential and currently it faces serious challenges to fulfil the task of supporting the development of the economy, and the fundamental reason is political and ideological restrictions; likewise, the improvement of law for investor protection has not been sustained, for which similarly politics and ideologies offer an explanation. The experience of the stock market suggests that, while law is indispensable for sustaining China’s economic growth, political and ideological liberalization is fundamental in that it is not only necessary to free up the economy so that it can continue to grow in the first place, but also crucial to further strengthening the whole legal system.",5,2,333,357,Ideology; Economics; Spite; China; Law; Stock market; Market growth; Investor protection; Liberalization; Politics,,,,,https://eprints.whiterose.ac.uk/133499/ https://www.cambridge.org/core/journals/asian-journal-of-law-and-society/article/law-and-economic-growth-in-china-a-casestudy-of-the-stock-market/3639002A81F4D63C4058BADFD08D48A8 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/3639002A81F4D63C4058BADFD08D48A8/S2052901518000177a.pdf/div-class-title-law-and-economic-growth-in-china-a-case-study-of-the-stock-market-div.pdf https://core.ac.uk/download/161126191.pdf,http://dx.doi.org/10.1017/als.2018.17,,10.1017/als.2018.17,2883671852,,0,005-723-039-187-572; 010-072-152-258-090; 014-257-791-156-812; 019-352-037-202-191; 030-289-951-958-715; 031-346-615-084-996; 031-714-119-769-669; 036-159-702-886-637; 043-074-199-846-005; 046-024-046-601-895; 048-413-313-313-364; 058-740-831-686-858; 059-348-857-216-133; 061-810-740-476-678; 066-015-179-552-995; 066-720-071-877-88X; 079-619-665-485-619; 081-013-240-956-732; 107-605-926-265-849; 116-946-646-319-007; 120-486-681-798-664; 121-789-439-716-741; 122-060-372-591-71X; 139-118-477-111-053; 142-561-268-887-263; 147-544-730-175-563; 148-734-285-665-305; 149-112-611-433-762; 160-216-219-782-284; 182-738-781-854-587; 196-860-300-987-360,3,true,cc-by-nc-nd,green
018-524-120-864-817,JUDICIAL CONTROL OF FOREIGN ARBITRAL AWARDS IN INDONESIA,2017-07-31,2017,journal article,Indonesian Journal of International Law,23565527,Indonesian Journal of International Law,,Winner Sitorus,"The enforcement of foreign arbitral awards has been recognized and accepted internationally through the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, the Convention also allows the court where the enforcement is sought to refuse the enforcement of an award. This kind of judicial control is very important. However, it should be conducted in accordance with the refusal grounds stipulated in the Convention. The refusal grounds are restrictive and should be interpreted narrowly. The use of other grounds other than and/or overly broad interpretation of the refusal grounds provided by the Convention will make it inefficient, which is from the outset the aim was to ease the recognition and enforcement of a foreign arbitral award in Contracting Parties of the Convention. This paper discusses the implementation of judicial control of foreign arbitral awards in Indonesia. It seeks to find out whether the judicial control of foreign arbitral awards in Indonesia has been in line with the requirements of the New York Convention. It finds that judicial control of foreign arbitral awards made by Indonesia's judiciary sometimes could be considered not in line with the requirements of the New York Convention.",14,4,543,577,Political science; Law; Control (management); Enforcement; Convention; Interpretation (philosophy),,,,,https://scholarhub.ui.ac.id/ijil/vol14/iss4/6/ https://www.neliti.com/publications/135482/judicial-control-of-foreign-arbitral-awards-in-indonesia http://ijil.ui.ac.id/index.php/home/article/download/706/pdf_556 http://ijil.ui.ac.id/index.php/home/article/view/706 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1109&context=ijil https://media.neliti.com/media/publications/135482-EN-judicial-control-of-foreign-arbitral-awa.pdf,http://dx.doi.org/10.17304/ijil.vol14.4.706,,10.17304/ijil.vol14.4.706,2761589055,,0,,1,true,cc-by,gold
018-652-861-972-002,Organ allocation and the states: can the states restrict broader organ sharing?,,1999,journal article,Duke law journal,00127086,Duke University School of Law,United States,Roderick T. Chen,,49,1,261,296,Internet privacy; Business; restrict,Health Care and Public Health,Commerce/legislation & jurisprudence; Federal Government; Health Policy; Human Body; Humans; Organ Transplantation/legislation & jurisprudence; Organizations; Regional Health Planning; Resource Allocation; State Government; Tissue and Organ Procurement/legislation & jurisprudence; United States,,,https://core.ac.uk/display/62549045 https://scholarship.law.duke.edu/dlj/vol49/iss1/3/ https://europepmc.org/article/MED/10915437 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1061&context=dlj https://www.ncbi.nlm.nih.gov/pubmed/10915437 https://core.ac.uk/download/62549045.pdf,http://dx.doi.org/10.2307/1373065,10915437,10.2307/1373065,1508010214,,0,,1,true,,green
018-818-572-191-389,Do Retail MFN Clauses Lead to Softening of Competition,2016-01-01,2016,journal article,Asian Journal of Law and Economics,21544611; 21946086,Walter de Gruyter GmbH,,Justina Sim; Lip Hang Poh; Calvin Tay,"Retail most favored nation (“RMFN”) clauses are commonly found in vertical agreements inked between downstream e-commerce platform providers and upstream suppliers. Competition authorities in Europe have investigated RMFN clauses in e-commerce markets on grounds that they can foreclose competitors from the market, lead to collusion or soften competition amongst competitors. We present an assessment of RMFN clauses under Singapore’s competition law framework. We find that Singapore’s competition law can adequately deal with collusion and foreclosure concerns. However, the vertical agreement exemption in Singapore’s competition law may prevent the Competition Commission of Singapore (“CCS”) from sanctioning RMFN clauses that soften competition. We conclude from our game theoretic models that the softening of competition Theory of Harm (“TOH”) is unlikely to materialize. Our findings also contribute more generally to competition authorities’ enforcement priorities and tools involving RMFN clauses and the softening of competition TOH.",7,1,101,145,Upstream (petroleum industry); Competitor analysis; Downstream (petroleum industry); Economics; International economics; Competition law; Enforcement; Competition (economics); Collusion; Industrial organization; E-commerce,,,,,https://www.degruyter.com/view/j/ajle.2016.7.issue-1/ajle-2015-0020/ajle-2015-0020.xml https://ideas.repec.org/a/bpj/ajlecn/v7y2016i1p101-145n3.html,http://dx.doi.org/10.1515/ajle-2015-0020,,10.1515/ajle-2015-0020,2315530713,,0,059-095-918-775-666; 080-983-755-234-879; 109-849-838-269-974; 110-728-271-128-007; 110-805-447-494-606,0,false,,
019-069-411-402-369,Personal Jurisdiction Over The Internet: How International Is Today's Shoe,2002-04-01,2002,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Jamie Spataro,"With the advent of the Internet and the World Wide Web, a novel question of procedural law has taken the legal arena by storm: how do we effectively apply traditional concepts of personal jurisdiction to the seamless world of cyberspace? In a world where politically recognized territorial boundaries will typically lead the discussion into where a party may be haled into court as a result of its activities, the Internet presents us with an anomaly of that traditional principle. Courts are now being launched into the unchartered waters of cyberspace where the traditional concept of personal jurisdiction often finds itself lost at sea.",2,,,,The Internet; Launched; Political science; Law; Procedural law; Personal jurisdiction; Cyberspace,,,,,https://core.ac.uk/display/12214640 http://d-scholarship.pitt.edu/17775/ http://tlp.law.pitt.edu/ojs/index.php/tlp/article/view/3 https://tlp.law.pitt.edu/ojs/index.php/tlp/article/download/3/3 https://core.ac.uk/download/12214640.pdf,http://dx.doi.org/10.5195/tlp.2002.3,,10.5195/tlp.2002.3,2129474164,,0,,1,true,cc-by-nc-nd,hybrid
019-133-139-206-791,A brief introduction to Hungarian arbitration law,,2008,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Ádám Boóc,"The antecedents of modern arbitration–similarly to several institutes of modern private law–can be found in Roman Law, where arbitration was considered as a way of private dispute resolution. As a leading source in Roman law we can refer to D. 4, 8, which has the following title: De receptis: qui arbitrium receperint ut sententiam dicant. When analyzing the features of arbitration in Roman Law, special attention should be paid to the term of compromissum, which meant the settlement of the parties to submit themselves to the jurisdiction of an arbitrator, who was called arbiter ex compromisso. The term of compromissum on the field of arbitration still plays a particular role in several jurisdictions in Latin America. Concerning the appointment of the arbitrator in Roman law, the most important source in the Digest is perhaps the following sentence: “Arbiter ex compromisso sumptus cum ante diem, qui constitutus compromisso erat, sententiam dicere non potest.” This regulation means that the arbiter ex compromisso cannot judge the case before the parties reached a consensus regarding the appointment of the arbitrator. This rule highlights the importance",49,3,351,358,Dispute resolution; Latin Americans; Arbitration; Political science; Law; Jurisdiction; Sentence; Arbiter; Settlement (litigation),,,,,https://akademiai.com/doi/abs/10.1556/AJur.49.2008.3.10 http://real.mtak.hu/45254/ https://core.ac.uk/download/78476798.pdf,http://dx.doi.org/10.1556/ajur.49.2008.3.10,,10.1556/ajur.49.2008.3.10,2070923829,,0,,0,true,,green
019-174-827-305-09X,"Law, smart technology, and circular economy : all watched over by machines of Loving Grace?",2018-07-03,2018,journal article,"Law, Innovation and Technology",17579961; 1757997x,Informa UK Limited,,Sean Thomas,"This paper examines how circular economics addresses and uses smart technology, and demonstrates the lack of consideration given to ownership issues in such contexts. The extent to which circular e...",10,2,230,265,Business; Circular economy; Smart technology; Telecommunications,,,,,https://dro.dur.ac.uk/26059/ http://dro.dur.ac.uk/26059/ https://www.tandfonline.com/doi/full/10.1080/17579961.2018.1527478 https://core.ac.uk/download/pdf/162911283.pdf,http://dx.doi.org/10.1080/17579961.2018.1527478,,10.1080/17579961.2018.1527478,2889887375,,0,,6,true,,green
019-363-593-285-868,"Competition policy and law enforcement in Botswana, Nigeria and Ethiopia: identifying drivers for reform",2017-05-25,2017,journal article,Journal of Antitrust Enforcement,20500688; 20500696,Oxford University Press (OUP),,Kamala Dawar; Ndluvo Ndaba,"This paper undertakes a comparative assessment of the development of competition in Botswana, Ethiopia and Nigeria. These three African countries have all sought to introduce domestic competition law since 2000. The paper identifies the different factors that have contributed to the relative success in introducing competition law in Botswana, as compared to both the Nigerian and Ethiopian experience. The paper highlights the significance of both domestic and external factors in nurturing competition and good economic governance. It concludes that effective enforcement of competition law is founded on both internal and international dynamics. While domestic will for competition is a necessary precondition, the case of Botswana indicates how domestic reforms needed to be buttressed by capacity building and expertise from external sources, for the betterment of markets, producers and consumers.",5,2,161,162,Geography; Competition law; Capacity building; Enforcement; Law enforcement; Competition (economics); Competition policy; Economic governance; Development economics; Economic growth,,,,,http://sro.sussex.ac.uk/id/eprint/67083/ https://core.ac.uk/download/96837544.pdf,http://dx.doi.org/10.1093/jaenfo/jnx010,,10.1093/jaenfo/jnx010,2766665974,,0,,1,true,,green
019-412-233-847-677,Glawischnig-Piesczek v Facebook on the Expanding Scope of Internet Service Providers’ Monitoring Obligations (C‑18/18 Glawischnig-Piesczek v Facebook Ireland),,2019,journal article,European Data Protection Law Review,23642831; 2364284x,Lexxion Verlag,,Paolo Cavaliere,,5,4,573,578,Internet privacy; Business; Scope (project management); Internet service provider,,,,,https://edpl.lexxion.eu/article/EDPL/2019/4/19 https://www.research.ed.ac.uk/en/publications/glawischnig-piesczek-v-facebook-on-the-expanding-scope-of-interne https://core.ac.uk/download/334414663.pdf,http://dx.doi.org/10.21552/edpl/2019/4/19,,10.21552/edpl/2019/4/19,2995097943,,0,,1,true,,green
019-482-087-771-478,New Theories of Constitutional Construction,,1944,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Thomas Raeburn White,,92,3,238,,,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9346&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol92/iss3/4/ https://core.ac.uk/download/151690401.pdf,http://dx.doi.org/10.2307/3309233,,10.2307/3309233,846054009,,0,,0,true,,green
019-563-130-836-914,Experiential Education Through the Vis Moot,2016-03-02,2016,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Eric E Bergsten,<jats:p>N/A</jats:p>,34,1,,,Psychology; Experiential education; Pedagogy,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/97/103 https://jlc.law.pitt.edu/ojs/jlc/article/view/97 https://core.ac.uk/download/pdf/296521711.pdf,http://dx.doi.org/10.5195/jlc.2015.97,,10.5195/jlc.2015.97,2329404565,,0,,0,true,cc-by-nc-nd,gold
019-587-092-993-64X,The Long Term Impact of CAFRA: Expanding Access to Counsel and Encouraging Greater Use of Criminal Forfeiture,2001-10-01,2001,journal article,Federal Sentencing Reporter,10539867,University of California Press,,Louis S. Rulli,"School I. Background The Civil Asset Forfeiture Reform Act of 2000 (OCAFRAO or OReform ActO) represents the culmination of a seven year congressional effort to reform civil forfeiture laws and to strike a much needed balance between achieving legitimate law enforcement goals and protecting the legal rights of innocent property owners. Under mounting pressure from such diverse groups as the National Rife Association, the U.S. Chamber of Commerce and the American Civil Liberties Union, and spurred by nationally publicized instances of forfeiture abuse, Congress enacted major changes to civil forfeiture practices that, according to some critics, gave law enforcement agencies a Olicense to steal.O On April 25, 2000, President Clinton signed the Reform Act into law and it became effective on August 23, 2000. Though there are many federal forfeiture statutes, public outcry for reform has revolved primarily around the use of civil forfeiture as a weapon in the war against drugs. Civil forfeiture practices drew sharp criticism because they did not contain basic safeguards required in criminal cases, thereby placing ordinary citizens at substantial risk for the loss of their property without any evidence of criminal wrongdoing. Federal courts commented on the lack of adequate safeguards. For example, in United States v. All Assets of Statewide Auto Parts, Inc., a case challenging the ex parte seizure of business assets, the Second Circuit Court of Appeals stated: O[W]e continue to be enormously troubled by the governmentOs increasing and virtually unchecked use of the civil forfeiture statutes and the disregard for due process that is buried in those statutes.O Representative Henry Hyde, chairman of the House Judiciary Committee and the primary sponsor of CAFRA, referred to civil forfeiture laws as OKafkaesque,O and condemned its widespread use against innocent citizens:",14,2,87,97,Statute; Political science; Law; Civil liberties; Reform Act; Asset forfeiture; Wrongdoing; Ex parte; Law enforcement; Spanish Civil War,,,,,https://www.jstor.org/stable/20640406 https://www.jstor.org/stable/10.1525/fsr.2001.14.2.87 https://online.ucpress.edu/fsr/article/14/2/87/29396/The-Long-Term-Impact-of-CAFRA-Expanding-Access-to,http://dx.doi.org/10.1525/fsr.2001.14.2.87,,10.1525/fsr.2001.14.2.87,2031403625,,0,003-063-602-873-536; 050-892-277-760-716; 110-886-948-356-532; 168-729-505-241-133,5,false,,
019-676-263-634-508,"India: A Model for the Enforcement of Economic, Social, and Cultural Rights",2019-04-24,2019,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Lawrenz Fares,"Under the modern international human rights regime, all people are entitled to two categories of rights: civil and political rights and economic, social, and cultural rights. While the judicial enforcement of civil and political rights is commonly accepted in virtually every country in the world, there is a significant degree of hostility towards the judicial enforcement of economic, social, and cultural rights. Critics have long held that the enforcement of these rights in the courtroom would be inherently undemocratic and unmanageable. This belief, and the general aversion to the judicial enforcement of these rights, is primarily rooted in the fact that the enforcement of these rights would require compelling the government to spend vast sums of money in the form of welfare programs. However, India has overcome these criticisms and emerged as a model for the enforcement of these rights. The following paper will serve to lay a foundational understanding of the modern international human rights regime, look to the functionality of both sets of rights, and examine how Indian jurisprudence has come to allow the enforcement of economic, social, and cultural rights in the courtroom. From there, this paper will examine PUCL v. Union of India, the landmark case that recognized the right to food in India, the impact this case has on the lives of the Indian people, and the economic impact of protecting the right to food in an attempt to demonstrate that the judicial enforcement of these rights is not only possible, but can also be done in an effective manner.",37,2,,,Human rights; Political science; Economic impact analysis; Law and economics; Right to food; Economic  social and cultural rights; Enforcement; Cultural rights; Jurisprudence; Politics,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/162/148 https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/162 https://core.ac.uk/download/296521742.pdf,http://dx.doi.org/10.5195/jlc.2019.162,,10.5195/jlc.2019.162,2940780495,,0,,0,true,cc-by-nc-nd,gold
019-760-928-847-324,The Role of Conferences and the Dual-Rate System in Ocean Foreign Trade,,1959,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,E. Robert Seaver; Edward Schmeltzer,,24,4,605,621,Dual (category theory); International trade; Economics; Trade barrier; International economics; Economic integration,,,,,https://scholarship.law.duke.edu/lcp/vol24/iss4/5/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2812&context=lcp https://core.ac.uk/download/62556677.pdf,http://dx.doi.org/10.2307/1190198,,10.2307/1190198,131705630,,0,,0,true,,green
019-773-584-584-366,"Prohibition of tobacco sales to minors in France and Quebec. Comparison of legislative frameworks, their enforcement, and underage smoking.",2019-04-04,2019,journal article,Revue d'epidemiologie et de sante publique,03987620,Elsevier Masson,France,X. Elharrar; M. Fortin; E. Beguinot; A.M. Dols; Laurent Greillier; Y. Martinet,,67,3,181,187,Public health; Business; Law; Legislation; Sanctions; Enforcement; Law enforcement; Tobacco control; Smoke-Free Policy; Legislature,Application de la loi; France; Law enforcement; Mineurs; Minors; Politique anti-tabac; Quebec; Québec; Smoke-free policy; Smoking; Tabagisme; Tobacco,"Adolescent; Adolescent Behavior; Child; Commerce/legislation & jurisprudence; France/epidemiology; Humans; Law Enforcement/methods; Legislation, Medical; Minors/legislation & jurisprudence; Public Health/legislation & jurisprudence; Public Policy; Quebec/epidemiology; Smoking/epidemiology; Smoking Prevention/legislation & jurisprudence; Tobacco Industry/economics; Tobacco Products/economics; Tobacco Use Disorder/economics",,,https://www.cabdirect.org/cabdirect/abstract/20193457127?q=(au%3a%22Martinet%2c+Y.%22) https://www.sciencedirect.com/science/article/pii/S0398762019302883 https://pubmed.ncbi.nlm.nih.gov/30954324/ https://www.ncbi.nlm.nih.gov/pubmed/30954324,http://dx.doi.org/10.1016/j.respe.2019.02.001,30954324,10.1016/j.respe.2019.02.001,2945940369,,0,014-924-968-421-72X; 018-510-531-570-779; 020-119-966-596-521; 025-692-047-850-211; 034-514-265-018-647; 040-516-812-939-653; 048-922-613-463-159; 053-667-744-293-968; 095-076-039-894-978; 096-367-740-129-920; 125-923-984-164-487; 132-281-570-470-064,2,false,,
020-062-178-060-158,Dime Store Demonstrations: Events and Legal Problems of First Sixty Days,,1960,journal article,Duke Law Journal,00127086,JSTOR,United States,Daniel H. Pollitt,,1960,3,315,,,,,,,https://core.ac.uk/download/62552477.pdf,http://dx.doi.org/10.2307/1371082,,10.2307/1371082,,,0,,9,true,,green
020-117-544-446-76X,Lawyers in Congress,,1998,journal article,Law and Contemporary Problems,00239186; 19452322,JSTOR,United States,John C. Yoo,The role of congressional lawyers is discussed,61,2,1,1,Political science; Law and economics; Law; Economics,,,,,https://core.ac.uk/download/62568474.pdf,http://dx.doi.org/10.2307/1192331,,10.2307/1192331,,,0,,5,true,,
020-447-829-215-000,The Protection of Cultural Heritage and International Commerce,,1997,journal article,International Journal of Cultural Property,09407391; 14657317,Cambridge University Press (CUP),United Kingdom,Kurt Siehr,,6,2,304,326,Industrial heritage; Business; Values; Cultural heritage; Cultural heritage management; Environmental ethics,,,,,https://www.zora.uzh.ch/id/eprint/154537/ https://www.cambridge.org/core/journals/international-journal-of-cultural-property/article/protection-of-cultural-heritage-and-international-commerce/EE9D95212E1853A0FB79EC8C0F96CE5F https://www.cambridge.org/core/services/aop-cambridge-core/content/view/EE9D95212E1853A0FB79EC8C0F96CE5F/S0940739197000362a.pdf/div-class-title-the-protection-of-cultural-heritage-and-international-commerce-div.pdf https://www.zora.uzh.ch/id/eprint/154537/1/ZORA_NL_154537.pdf https://www.zora.uzh.ch/id/eprint/154537/1/ZORA_NL_154537.pdf,http://dx.doi.org/10.1017/s0940739197000362,,10.1017/s0940739197000362,2140166327,,0,,1,true,,green
020-501-704-208-944,E-commerce and entrepreneurship in SMEs: case of myBot,2018-01-22,2018,journal article,Journal of Small Business and Enterprise Development,14626004,Emerald,United Kingdom,Alice P. Shemi; Chris Procter,"Purpose; ; ; ; ; The adoption of e-commerce in small and medium enterprises (SMEs) is a much researched topic in developed and developing nations. The application of mobile devices, and social media networks (SMNs) such as Facebook has revolutionalised the e-commerce adoption process in SMEs. However, research into this area is still developing and there is a dearth of knowledge on how SMEs in developing countries enact and apply this phenomenon. The purpose of this paper is to explain how e-commerce entrepreneurship using SMN is conceptualised and applied in SMEs, and to highlight factors that influence this e-commerce innovation.; ; ; ; ; Design/methodology/approach; ; ; ; ; An interpretive and qualitative case study approach was adopted as a methodological foundation in a firm pseudo-named, myBot. The study employed the contextualism theory as a meta-theoretical framework to conceptualise and analyse the e-commerce entrepreneurship process in the firm. The study employed face-to-face semi-structured and unstructured interviews with the manager as primary means of obtaining in-depth information. Further information was obtained through website content analysis and document analysis of the firm’s reports and observations.; ; ; ; ; Findings; ; ; ; ; The results unearth a socially constructed feature of e-commerce entrepreneurship that draws from myBot’s manager’s innovative ability to use Facebook and e-mail to increase sales through its niche market. Factors that propelled e-commerce entrepreneurial activities using Facebook include trust, commitment and innovativeness.; ; ; ; ; Research limitations/implications; ; ; ; ; The revelation of this study may have changed due to the dynamic changes in the information and communication technology industry and how these are employed in a particular country and region of the world. Thus, results may not be generalised to other contexts. The study has a methodological limitation as it only had one informant who could respond to the study questions.; ; ; ; ; Practical implications; ; ; ; ; The study provides a practical application of using the contextualism theory to analyse e-commerce entrepreneurship in SMN.; ; ; ; ; Social implications; ; ; ; ; The application of e-commerce using SMNs such as Facebook widens the scope of tools that SMEs may use.; ; ; ; ; Originality/value; ; ; ; ; The study provides a theoretical lens into the understanding of an e-commerce entrepreneurship process using a contextualism theory. The paper showcases how e-commerce using Facebook can be portrayed in a developing country context.",25,3,501,520,Business; Content analysis; Marketing; Context (language use); Contextualism; Small and medium-sized enterprises; Social media; Information and Communications Technology; E-commerce; Entrepreneurship,,,,,https://www.emerald.com/insight/content/doi/10.1108/JSBED-03-2017-0088/full/html https://usir.salford.ac.uk/id/eprint/44437/ http://www.emeraldinsight.com/doi/abs/10.1108/JSBED-03-2017-0088 https://core.ac.uk/download/132195186.pdf,http://dx.doi.org/10.1108/jsbed-03-2017-0088,,10.1108/jsbed-03-2017-0088,2769626776,,0,001-990-960-230-084; 002-023-237-869-981; 006-819-825-923-20X; 008-352-003-656-014; 012-316-368-142-856; 012-914-956-298-187; 015-678-594-612-489; 016-563-993-093-344; 020-292-950-081-127; 023-122-831-607-242; 025-041-816-637-994; 025-921-096-901-931; 027-004-051-919-390; 033-483-995-903-044; 033-505-106-999-432; 033-562-255-780-056; 034-113-882-688-446; 037-827-500-083-999; 038-306-179-770-743; 043-425-027-389-655; 043-605-951-697-192; 044-506-378-022-362; 045-991-987-579-711; 053-618-638-819-566; 053-945-007-537-085; 054-640-279-854-104; 057-765-145-150-388; 059-898-305-008-754; 059-962-869-222-610; 061-234-376-351-12X; 063-002-820-567-358; 063-208-719-723-524; 063-720-464-515-450; 064-245-760-378-469; 064-281-634-499-217; 066-690-025-784-856; 070-153-882-412-142; 071-073-095-647-571; 073-419-272-011-266; 075-137-158-381-578; 076-456-402-007-778; 077-763-378-430-782; 083-781-478-350-882; 083-990-931-272-60X; 096-282-131-819-405; 099-822-797-354-636; 104-927-479-245-362; 106-986-690-184-318; 108-436-903-303-779; 110-906-867-441-300; 113-077-970-623-43X; 117-987-643-350-604; 118-167-907-952-83X; 120-660-124-864-359; 126-446-426-845-488; 129-643-258-825-913; 132-563-211-187-625; 139-290-647-137-93X; 140-229-021-718-196; 140-771-558-237-317; 142-141-678-167-911; 152-423-506-931-344; 153-696-201-453-038; 156-332-035-204-424; 159-666-502-668-607; 165-547-375-337-893; 177-716-560-851-210; 180-046-028-855-416,27,true,,green
020-531-077-627-062,The New .Africa Top Level Domain: An African Initiative in Ensuring Africa's Rightful Place on the Global Network,2017-04-24,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Eddie Hurter; Tana Pistorious,"<jats:p>The new gTLD programme of the Internet Corporation for Assigned Names and Numbers (ICANN) is the single most important development since the privatisation of the DNS in 1998. The management of the Domain Name System (DNS) has developed from a modest undertaking to its current explosive expansion through the new gTLD programme. Africa has boldly entered the arena through the delegation of the .Africa gTLD.&#x0D;; This new development heralds an innovative era in the management of the DNS, especially for Africa. The dotAfrica gTLD launch strategy offers several advantages to African governments and traders alike. One of the innovative features of the management of dotAfrica is the fact that a broader set of rights including commercial, cultural, linguistic, religious and personal rights will be protected. Furthermore, African trade mark proprietors and other rights holders are protected, initially at least, by various innovative rights-protection mechanisms. This development is important for African governments and it should form an integral part of right holders' intellectual property management strategy.&#x0D;;    </jats:p>",17,3,1070,1108,,,,,,https://core.ac.uk/download/pdf/231091865.pdf,http://dx.doi.org/10.17159/1727-3781/2014/v17i3a2280,,10.17159/1727-3781/2014/v17i3a2280,,,0,,0,true,cc-by,gold
021-032-384-539-660,The Reasonable Government Official Test: A Proposal for the Treatment of Factual Information Under the Federal Deliberative Process Privilege,,1999,journal article,Duke Law Journal,00127086,JSTOR,United States,Kirk D. Jensen,,49,2,561,599,Government; Political science; Freedom of information; Test (assessment); Privilege (computing); Public administration; Process (engineering),,,,,https://scholarship.law.duke.edu/dlj/vol49/iss2/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1066&context=dlj https://core.ac.uk/display/62549040 https://core.ac.uk/download/62549040.pdf,http://dx.doi.org/10.2307/1373082,,10.2307/1373082,1563793009,,0,,2,true,cc0,green
021-368-168-210-907,Do You Know Where Your Data Is? A Study of the Effect of Enforcement Strategies on Privacy Policies,2009-10-01,2009,journal article,International Journal of Information Security and Privacy,19301650; 19301669,IGI Global,United Kingdom,I. Reay; P. Beatty; Scott Dick; James Miller,"Numerous countries around the world have enacted privacy-protection legislation, in an effort to protect their citizens and instill confidence in the valuable business-to-consumer E-commerce industry. These laws will be most effective if and when they establish a standard of practice that consumers can use as a guideline for the future behavior of e-commerce vendors. However, while privacy-protection laws share many similarities, the enforcement mechanisms supporting them vary hugely. Furthermore, it is unclear which (if any) of these mechanisms are effective in promoting a standard of practice that fits with the social norms of those countries. We present a large-scale empirical study of the role of legal enforcement in standardizing privacy protection on the Internet. Our study is based on an automated analysis of documents posted on the 100,000 most popular websites (as ranked by Alexa.com). We find that legal frameworks have had little success in creating standard practices for privacy-sensitive actions.",3,4,68,95,Privacy policy; Internet privacy; The Internet; Empirical research; Legislation; Enforcement; Guideline; Privacy protection; Computer science; Standard of Good Practice,,,,,https://ideas.repec.org/a/igg/jisp00/v3y2009i4p68-95.html https://econpapers.repec.org/article/iggjisp00/v_3a3_3ay_3a2009_3ai_3a4_3ap_3a68-95.htm https://www.igi-global.com/chapter/you-know-your-data/49513,http://dx.doi.org/10.4018/jisp.2009100105,,10.4018/jisp.2009100105,2060224275,,0,002-819-348-197-077; 003-118-635-385-139; 004-243-580-067-836; 004-366-443-565-257; 005-180-381-383-511; 008-251-411-236-796; 015-113-238-015-110; 015-537-786-061-555; 015-757-778-826-33X; 015-892-687-431-051; 020-739-958-276-584; 033-983-233-490-58X; 034-304-792-489-285; 039-093-054-150-006; 040-661-870-633-506; 041-144-920-785-438; 047-238-370-528-992; 047-356-439-744-528; 049-066-304-189-691; 049-545-811-875-344; 051-879-906-605-461; 052-017-342-524-873; 052-594-494-318-841; 053-995-723-999-235; 056-164-163-029-581; 057-013-227-421-91X; 058-357-262-233-370; 058-941-619-379-974; 059-009-792-404-590; 059-174-388-359-862; 059-493-732-901-322; 063-308-642-716-139; 066-447-466-975-412; 068-906-888-210-826; 083-741-655-063-627; 087-367-043-519-177; 094-628-476-635-989; 097-655-105-594-770; 098-370-307-577-968; 099-215-068-469-615; 104-490-963-889-363; 105-654-392-153-030; 107-110-695-255-154; 109-546-937-462-050; 110-809-342-702-892; 113-606-862-999-14X; 115-704-620-679-137; 123-313-540-896-141; 126-540-991-563-142; 128-133-903-829-196; 143-070-604-005-101; 147-461-329-105-266; 150-403-916-269-495; 155-945-686-594-425; 160-636-526-041-778; 163-515-715-366-887; 165-566-463-481-717; 174-056-149-264-489; 183-154-023-340-074; 185-661-315-126-60X; 191-483-561-332-335,7,false,,
021-703-878-967-993,Harmonisation of the Hungarian Legal Orderwith the EU's Common Commercial Policy,,2005,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Balázs Horváthy,"In this essay is analysed the conceptual relation between the common commercial policy (CCP) of the European Union and the Hungarian foreign trade law, illustrating the dynamic extension of the CCP and the character of the competences in this field. Moreover the reader can get an insight into the so-called “rest competences”of the member states. In consequence of the nature and logic of the CCP was induced the mostly deregulatory modifications in the Hungarian legal order and the functional alteration of the foreign trade administration of Hungary. The author highlights this complex question consisting of the required modifications of the international conventional engagements and the harmonisation of Hungarian foreign trade material and procedural law in relation to the accession. He comes to conclusion that Hungarian accession to the EU might even be advantageous and it opens up a new prospect. Therefore the Hungarian foreign trade administration and diplomacy have to recognise the opportunity within th...",46,3,261,285,European Union law; Political science; Order (exchange); Law; Administration (government); Accession; Procedural law; Relation (history of concept); European union; Diplomacy,,,,,http://real.mtak.hu/45686/ https://core.ac.uk/download/78477219.pdf,http://dx.doi.org/10.1556/ajur.46.2005.3-4.6,,10.1556/ajur.46.2005.3-4.6,1963750347,,0,,0,true,,green
021-777-619-223-166,Is There a Future for the Furt her Devel opment of International Commercial Arbitration in Russia,2015-05-20,2015,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Natalia Kuznetsova,,3,2,137,141,Arbitration; Political science; Law,,,,,https://core.ac.uk/display/87812335 https://www.russianlawjournal.org/jour/article/download/87/99 https://www.russianlawjournal.org/jour/article/view/87 https://core.ac.uk/download/pdf/234045838.pdf,http://dx.doi.org/10.17589/2309-8678-2015-3-2-137-141,,10.17589/2309-8678-2015-3-2-137-141,2154506180,,0,,0,true,cc-by-nc-nd,gold
021-987-261-075-327,Selective enforcement of land regulations: why large-scale violators succeed.,,2015,journal article,The China Journal,13249347; 18358535,University of Chicago Press,Australia,Xin Sun,"AbstractDespite the government’s decades-long enforcement efforts, violations of land laws and regulations remain a serious problem in China. Local governments have often been blamed. This article identifies a previously overlooked reason for large-scale violations, by examining the enforcement behavior of the central government. It argues that the government enforces land regulations selectively, depending on the violators’ political status. The article focuses on the national policy prohibiting new golf course construction, finding that golf course developers connected with high-level political elites are more likely to violate the prohibition and survive subsequent enforcement actions by the central government. This finding contributes to the literature on regulatory enforcement in authoritarian regimes and has broad implications for reforms in China.",74,74,66,90,Public policy; Government; Economics; Law and economics; Political status; Enforcement; Law enforcement; Selective enforcement; Public administration; Central government; Politics,,,,,https://www.journals.uchicago.edu/doi/pdfplus/10.1086/681938 https://www.journals.uchicago.edu/doi/abs/10.1086/681938 https://www.cabdirect.org/abstracts/20153227026.html https://www.cabdirect.org/cabdirect/abstract/20153227026 https://core.ac.uk/download/151189377.pdf,http://dx.doi.org/10.1086/681938,,10.1086/681938,2278702177,,0,001-617-284-407-749; 004-304-821-011-750; 011-416-981-434-912; 015-885-229-995-137; 026-982-191-290-599; 027-098-140-114-252; 030-874-922-406-003; 034-293-046-158-029; 040-334-743-215-557; 041-851-463-385-852; 050-703-178-747-502; 054-036-002-838-098; 056-535-521-696-545; 058-152-508-426-086; 060-153-320-097-168; 063-958-169-620-602; 066-211-413-898-221; 072-282-214-780-971; 076-682-611-192-223; 083-170-215-115-386; 086-022-156-411-955; 099-257-111-772-51X; 116-178-964-412-590; 122-391-758-640-007; 123-205-812-992-922; 127-263-363-300-417; 127-301-309-983-522; 130-596-915-256-308; 134-182-318-426-853; 135-978-857-245-699; 136-252-584-687-996; 147-350-991-736-132; 163-360-694-830-340; 166-591-176-767-553; 171-420-582-488-108; 180-765-527-287-653; 189-402-145-232-66X; 190-727-545-356-283,24,true,,green
022-230-369-326-898,Judicial Jurisdiction over Internet Privacy Violations and the GDPR: a Case of ''Privacy Tourism''?,2017-06-30,2017,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Ioannis Revolidis,"This paper discusses the impact of art. 79(2) of the General Data Protection Regulation (GDPR) in international litigation over online privacy violations. The first part introduces the tendency of the European legislator to treat private international law problems in the field of data protection as isolated and independent from the traditional secondary private international law acts. The second part analyses the current status quo of international jurisdiction over online privacy violations according to Regulation 1215/2012. After briefly examining the eDate and Martinez ruling (joined cases C-509/09 and C-161/10), it concludes that the Court of Justice of the European Union has stretched the jurisdictional grounds of art. 7(2) Regulation 1215/2012 too far in order to afford strong protection to data subjects. In that sense, it raises doubts on whether art. 79(2) was necessary. Following this conclusion, it tries to explore the uneasy relationship of GDPR art. 79(2) with the jurisdictional regime established under Regulation 1215/2012. Instead of an epilogue, the last part tries to make some reflections on the impact of GDPR art. 79(2) in privacy litigation cases involving non-EU parties.",11,1,7,38,Internet privacy; Political science; Tourism; Law; Status quo; Jurisdiction; Forum shopping; Legislator; General Data Protection Regulation; Conflict of laws; Data Protection Act 1998,,,,,https://doi.org/10.5817/MUJLT2017-1-2 https://journals.muni.cz/mujlt/article/view/6671/6395 https://journals.muni.cz/mujlt/article/download/6671/6395 https://core.ac.uk/download/230602040.pdf,http://dx.doi.org/10.5817/mujlt2017-1-2,,10.5817/mujlt2017-1-2,2732326534,,0,002-464-154-473-248; 005-535-146-633-891; 005-573-219-469-226; 007-509-586-243-110; 007-763-784-409-859; 008-837-097-804-190; 015-597-173-376-735; 015-718-152-609-286; 019-832-540-159-947; 021-944-927-256-395; 022-159-944-795-756; 022-728-748-072-339; 033-576-199-947-380; 044-010-498-428-819; 047-313-208-911-085; 054-552-550-484-893; 055-077-236-402-999; 055-374-047-309-729; 059-505-368-515-868; 069-083-683-252-813; 072-408-149-635-516; 075-984-364-494-538; 084-294-807-378-965; 084-503-541-711-756; 085-862-856-950-031; 086-713-913-255-21X; 088-226-050-886-714; 091-189-075-732-63X; 095-016-705-333-829; 096-381-444-344-838; 098-455-585-667-069; 104-528-550-775-924; 112-273-471-844-504; 115-748-799-998-350; 132-631-147-867-299; 132-964-144-897-455; 133-592-663-788-738; 146-414-742-439-536; 152-061-117-600-765; 157-526-920-374-065; 162-325-323-164-81X; 167-896-015-114-715; 172-766-371-793-457; 176-439-621-269-98X; 177-577-294-754-815; 183-082-103-873-591; 187-454-057-033-240; 190-633-469-607-96X,2,true,,gold
022-397-492-888-532,Holey cap! CJEU drills (yet) another hole in the e-commerce directive’s safe harbors,2017-02-04,2017,journal article,Journal of Intellectual Property Law & Practice,17471532; 17471540,Oxford University Press (OUP),,Martin Husovec,"The E-Commerce Directive is going through a hard time. Numerous policy initiatives and judgements of the Court are exposing its provisions to a real stress test. The goal of this paper is not summarize or evaluate in general this trend, but to show how a single decision of the CJEU with few open issues can lead to destabilization of the system. The center-stage of this brief article is the Court’s recent decision in Mc Fadden v. Sony Germany and its short-term and long-term consequences for the future of safe harbours, their scope and IP enforcement. The paper argues that by allowing the exclusion of pre-trial costs and litigation costs from the liability exemptions, the Court has drilled yet another hole in the system of safe harbours. It also highlights that the decision to permit password-locking as an enforcement practice is a short-sighted policy choice that will require number of clarifications. Last but not least, it is argued that a root-cause of the rejection of Advocate General’s proposition to outlaw password-locking is the Court’s treatment of the fundamental rights as the only framework of reference for IP enforcement. This causes that also constructive and well-explained arguments of good innovation policy to fall often on deaf ears.",12,2,115,125,Business; Law and economics; Advocate General; Liability; Constructive; Directive; Enforcement; Scope (project management); E-commerce; Fundamental rights,,,,,https://research.tilburguniversity.edu/en/publications/holey-cap-cjeu-drills-yet-another-hole-in-the-e-commerce-directiv https://academic.oup.com/jiplp/article-abstract/12/2/115/2970050 https://www.narcis.nl/publication/RecordID/oai%3Atilburguniversity.edu%3Apublications%2F00e47f77-93e7-4003-8972-171967a3e363 https://academic.oup.com/jiplp/article-pdf/12/2/115/10258400/jpw203.pdf http://academic.oup.com/jiplp/article-abstract/12/2/115/2970050,http://dx.doi.org/10.1093/jiplp/jpw203,,10.1093/jiplp/jpw203,3124237449,,0,,6,false,,
022-581-886-649-788,The Emergence of Nigerian Maritime Cabotage Laws and the Future of Its Maritime Commerce,2020-04-25,2020,journal article,The Journal of Social Sciences Research,24136670; 24119458,Academic Research Publishing Group (Publications),,Gabriel E. B. Inyang; Amarachukwu Onyinyechi Ijiomah,"Nigerian maritime cabotage laws evolved to add efficiency to the country’s maritime industry, especially in the area of indigenous fleet expansion, ship building and human capacity development. The aim was to curtail foreign dominance and unequal competition by non-Nigerian operators. Since the enactment of the Cabotage Act, attempt at successful and beneficial implementation could not be achieved due to regulatory inadequacies. What is obtainable now includes foreign dominance, unfair competition, policy failure, institutional ineffectiveness, absent of stable local capacity, regulatory problems, fiscal deficiencies, lack of political will by the government. In view of these inadequacies, appropriate remedial regulatory measures need be considered. These include regulatory overhaul or ample review of all extant maritime laws which are no more relevant in a cabotage regime. There is need for institutional reforms which will engender adequate and effective monitoring and enforcement. Fiscal and financial legal framework needs to be put in place to strengthen this inadequate and weak policy. This article submits that, cabotage laws which are supposed to be the framework of transformation from foreign to indigenous dominance of coastal shipping, have fallen short of the intended objectives. It therefore requires proper and adequate review to cure the obvious defects.",6,64,476,482,Remedial education; Dominance (economics); Business; Government; Law; Unfair competition; Enforcement; Competition (economics); Indigenous; Politics,,,,,https://EconPapers.repec.org/RePEc:arp:tjssrr:2020:p:476-482,http://dx.doi.org/10.32861/jssr.64.476.482,,10.32861/jssr.64.476.482,3022847422,,0,,0,true,cc-by,gold
022-683-192-060-706,Saving Space With UN-Authorized Acts: Questioning the Authority of the United Nations to Oversee Humankind’s Exploration and Development of Outer Space,2018-01-11,2018,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Hannah Svonavec,<jats:p>none</jats:p>,36,1,57,76,Political science; Law and economics; Development (topology); Space (commercial competition); Outer space,,,,,https://jlc.law.pitt.edu/ojs/jlc/article/view/129 https://jlc.law.pitt.edu/ojs/jlc/article/download/129/119 https://core.ac.uk/download/pdf/296521663.pdf,http://dx.doi.org/10.5195/jlc.2017.129,,10.5195/jlc.2017.129,2784163613,,0,,1,true,cc-by-nc-nd,gold
022-697-287-959-041,National League of Cities v. Usery to EEOC v. Wyoming: Evolution of a Balancing Approach to Tenth Amendment Analysis,,1984,journal article,Duke Law Journal,00127086,JSTOR,United States,Vincent Daniel Palumbo,,1984,3,601,,,,,,,https://core.ac.uk/download/62550245.pdf,http://dx.doi.org/10.2307/1372460,,10.2307/1372460,,,0,,1,true,,green
022-844-537-820-358,Gonzales v. Raich: federalism as a casualty of the war on drugs.,,2006,journal article,Cornell journal of law and public policy,10690565,"Joe Christensen, Inc.",United States,Ilya Somin,"The Supreme Court's recent decision in Gonzales v. Raich marks a watershed moment in the development of judicial federalism. If it has not quite put an end to the Rehnquist Court's ""federalism revolution,"" it certainly represents a major step in that direction. In this Article, I contend that Raich represents a major - possibly even terminal - setback for efforts to impose meaningful judicial constraints on Congress' Commerce Clause powers. Raich undermines judicial enforcement of federalism in three interlocking ways: by adopting an essentially limitless definition of economic activity thereby ensuring that virtually any activity can be aggregated to produce the ""substantial effect [on] interstate commerce"" required to legitimate congressional regulation under United States v. Lopez and United States v. Morrison; by making it easier for Congress to impose controls on even non-economic activity by claiming that it is part of a broader regulatory scheme; and finally, by restoring the so-called rational basis test, holding that ""[w]e need not determine whether [defendants'] activities, taken in the aggregate, substantially affect interstate commerce in fact, but only whether a rational basis exists for so concluding."" The Supreme Court's recent seemingly pro-federalism decisions in Gonzales v. Oregon and Rapanos v. Army Corps of Engineers actually do little or nothing to mitigate the impact of Raich. I also contend that the Raich decision is misguided on both textual and structural grounds. The text of the Constitution does not support the nearly unlimited congressional power endorsed in Raich. Such unlimited power also undercuts some of the major structural advantages of federalism, including diversity, the ability to ""vote with your feet,"" and interstate competition for residents. Raich's undercutting of federalism by upholding the power of Congress to ban the possession of homegrown medical marijuana closely parallels legal developments during the Prohibition era of the 1920s. In both periods, the establishment of a nationwide prohibition regime greatly eroded decentralized federalism, in part because the Supreme Court accepted the government's claims that the power to regulate a market in prohibited substances necessarily required comprehensive regulation of virtually all sale or possession of the commodities in question. The future of judicial federalism may depend not just on the precise doctrinal impact of Raich, but on the possibility that liberal jurists and political activists may come to recognize that they have an interest in limiting congressional power. A cross-ideological coalition for judicial enforcement of federalism would be far more formidable than today's narrow alliance between some conservatives and libertarians. Ironically, the Raich decision, in combination with other recent developments, may help bring about such a result.",15,3,507,550,Possession (law); Political science; Law and economics; Power (social and political); Constitution; Supreme court; Commerce Clause; Enforcement; Federalism; Politics,,"Cannabinoids/therapeutic use; Commerce/legislation & jurisprudence; Drug and Narcotic Control/legislation & jurisprudence; Federal Government; Government Regulation; Health Policy/legislation & jurisprudence; Humans; Marijuana Smoking/legislation & jurisprudence; Phytotherapy/economics; Plants, Medicinal; Politics; Public Opinion; State Government; Supreme Court Decisions; United States",Cannabinoids,,https://europepmc.org/article/MED/17593582 https://scholarship.law.cornell.edu/cjlpp/vol15/iss3/1/ https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1098&context=cjlpp https://www.ncbi.nlm.nih.gov/pubmed/17593582,https://www.ncbi.nlm.nih.gov/pubmed/17593582,17593582,,3122199494,,0,,2,false,,
022-938-054-624-376,Philadelphia Lawyer: A Cautionary Tale,,1997,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Louis H. Pollak,,145,3,495,,Philosophy; Law and economics; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol145/iss3/1/ https://core.ac.uk/display/151686066 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3477&context=penn_law_review https://core.ac.uk/download/151686066.pdf,http://dx.doi.org/10.2307/3312602,,10.2307/3312602,757152797,,0,,0,true,,green
023-494-648-512-162,The Unidroit principles of contract law; is there room for their inclusion into domestic contracts?,2008-05-01,2008,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Bruno Zeller,"When the UNIDROIT Principles (the Principles) were published in 1994 they were considered to be “soft law” and hence not binding on the courts. However, these principles have demonstrated that they are offering concrete and worthwhile solutions and arguably are a move forward in harmonizing and unifying contract laws. Indeed, the intention of the UNIDROIT Working Groups was to “develop a set of norms best suited to accommodate the needs of the international commercial community.” The Principles themselves argue that it reflects “concepts to be found in many, if not all, legal systems.” As a result the Principles are not: “a rigid and limitative legal source but instead leave considerable room for flexibility, either to accommodate specific provisions to further individual parties’ interest in their private dealings, or to promote national trade and economic policies. This makes the Principles a unique tool to be adapted into any contract and arguably protect the parties’ just expectations arising from their contract.",26,1 & 2,115,127,Working group; Economics; Set (psychology); Law; Soft law; Flexibility (engineering); Inclusion (disability rights),,,,,https://vuir.vu.edu.au/3458/ http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/37 https://research-repository.uwa.edu.au/en/publications/the-unidroit-principles-of-contract-law-is-there-room-for-their-i http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/37/37 https://core.ac.uk/download/pdf/296521700.pdf,http://dx.doi.org/10.5195/jlc.2008.37,,10.5195/jlc.2008.37,2033800129,,0,,4,true,cc-by-nc-nd,hybrid
023-565-179-048-162,The Issue of the Commercial Court Limited Competency in Settling the Commercial Disputes,2019-01-31,2019,journal article,Sriwijaya Law Review,25416464; 25415298,Universitas Sriwijaya,,Sobandi Sobandi,"The people’s need for justice through a special court is perceived urgent from time to time. The Commercial Court is an ad-hoc court but its competency has affected the competency of other permanent courts that are already established. The problems need to be answered in this writing regarding the multifunction of Commercial Court. The objectives of the writing, inter alia, to examine the possibility of the Commercial Court has specific rules to restrain its competency. Consequently, there is a need to have a law that specifically limits the competence and the procedural law of the ad-hoc court. The Commercial Court often resolves bankruptcy disputes. It is also used as a solution for the Intellectual Property Rights (IPR) disputes which should be able to enter the criminal domain. It can also be used to solve the Islamic financing issues and other business issues that should be the realm of a permanent judicial institution. The existence of such a rule that limits the competency of the Commercial Court can be a way out of fulfilment of needs of the judiciary to reduce the overlap of court competency among the Indonesian judicial institutions",3,1,26,33,Competence (human resources); Business; Law; Procedural law; Realm; Special court; Intellectual property; Islam; Bankruptcy,,,,,http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/250/130 http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/download/250/130 https://core.ac.uk/download/pdf/230523719.pdf,http://dx.doi.org/10.28946/slrev.vol3.iss1.250.pp26-33,,10.28946/slrev.vol3.iss1.250.pp26-33,2913699765,,0,,0,true,cc-by,gold
023-594-043-384-522,The Police Power and the New York Emergency Rent Laws,,1921,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,George W. Wickersham,,69,4,301,,Political science; Law; Power (social and political),,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7835&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol69/iss4/1/ https://core.ac.uk/download/151689466.pdf,http://dx.doi.org/10.2307/3314096,,10.2307/3314096,808378038,,0,,0,true,,green
023-617-912-239-482,UNDUE INFLUENCE: TOWARDS A UNIFYING CONCEPT OF UNCONSCIONABLITY?,2018-12-06,2018,journal article,The Denning Law Journal,02691922,University of Buckingham Press,,Mark Pawlowski,"The article argues for an assimilation of the related doctrines of undue influence and unconscionable dealings under one common umbrella of unconscionability. The interrelationship between unconscionable bargains and undue influence under English law is considered in some detail, as well as developments in other Commonwealth jurisdictions, notably, in Canada, Australia and New Zealand. After examining the views of several academic commentators, the conclusion is that such an assimilation would do much to rationalise and simplify current English law. If, however, the English courts are reluctant to undertake what is perceived to be essentially a function of Parliament in developing the law, serious thought should be given to rationalising this area of law by means of legislative intervention.",30,1,117,151,English law; Undue influence; Political science; Law; Commonwealth; Parliament; Unconscionability; Intervention (law); Function (engineering); Legislature,,,,,http://www.ubplj.org/index.php/dlj/article/download/1655/1477 https://gala.gre.ac.uk/id/eprint/21493/ http://www.bjll.org/index.php/dlj/article/download/1655/1477 http://ubplj.org/index.php/dlj/article/view/1655 http://www.bjll.org/index.php/dlj/article/view/1655 https://core.ac.uk/download/pdf/276542378.pdf,http://dx.doi.org/10.5750/dlj.v30i1.1655,,10.5750/dlj.v30i1.1655,2905397250,,0,,0,true,cc-by-nc,gold
023-694-655-706-332,Equalization Levy: A New Perspective of E-Commerce Taxation,2016-11-01,2016,journal article,Intertax,01652826; 18758347,Kluwer Law International BV,,Sayan Basak,"<jats:p><jats:italic>E-commerce has grown tremendously in the last few decades facilitating cross-border trade and commerce with a click of a mouse. This has given leverage to the multi-national enterprises to exponentially increase its revenue by shifting profits across jurisdictions. The disparity in tax treatment among the foreign players and their domestic counterparts has increased to a new high. The developing countries like India are losing their revenue which is eventually hindering the growth of digital industries in these countries. The old legal structures concerning international taxation are failing to keep a check on these digital transactions. Therefore, in order to stop this malpractice of profit shifting, India has enforced an equalization levy to tax the non-resident entities providing online specified services to the residents. UK and Australia also implemented the same in the nature of Diverted Profits Tax. This is in consonance with the Final Report 2015 of the BEPS Action Plans which formulated strategies to weed off the tax avoidance techniques adopted by the multinational enterprises.</jats:italic></jats:p>",44,Issue 11,845,852,Business; Multinational corporation; Leverage (statistics); Profit (economics); E-commerce; Revenue; International taxation; Transfer pricing; Base erosion and profit shifting; Tax revenue; Tax avoidance; Double taxation; Industrial organization; Finance; Tax reform; Economics; Public economics; Microeconomics; Law; Machine learning; Computer science; Political science,,,,,,http://dx.doi.org/10.54648/taxi2016078,,10.54648/taxi2016078,,,0,,0,false,,
023-695-952-956-762,"The Global Seed Market, Competition Law and Intellectual Property Rights: Untying the Gordian Knot",,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Ioannis Lianos; Dmitry Katalevsky; Alexey Ivanov,"The paper explores the competition dynamics of the global seed market. It documents the growth strategies of the major seed companies, in particular their M&A activity and their reliance on complex intellectual property strategies in order to offer a one stop shop solution to farmers. Recent merger activity in this sector (the Monsanto bid to buy Syngenta, the DuPont and Dow merger deal, ChemChina’s bid to buy Syngenta) illustrates its rapid transformation from an already concentrated industry to a tight oligopoly on a global scale. The increasing global consolidation of this industry raises new challenges for competition law enforcement authorities dealing with the emergence of new powerful actors at the factor of production (input) level, in view of the broader concerns animating public policy in the food sector and the existence of a nexus of international commitments for biodiversity, sustainability, the right to food etc. By exploring this under-studied but fascinating area of competition law enforcement we open the debate over the inclusion of broader public interest concerns in competition policy and the consideration of its distributive impact from a global perspective.",,,,,Public policy; Oligopoly; Business; International trade; Competition law; Right to food; Enforcement; Intellectual property; Mergers and acquisitions; Global commons,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2773422 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=2773422 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2773422_code565608.pdf?abstractid=2773422&mirid=1 https://core.ac.uk/display/79501436 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2773422_code565608.pdf?abstractid=2773422 https://core.ac.uk/download/pdf/154747998.pdf,http://dx.doi.org/10.2139/ssrn.2773422,,10.2139/ssrn.2773422,2346620739,,0,009-296-650-747-740; 072-807-618-639-025; 103-410-020-103-733; 135-335-212-482-356; 152-050-741-950-191,8,true,,green
023-802-997-886-391,Why the 2020 U.S.-China Trade Agreement Needs Anti-Corruption Provisions for the Protection of Intellectual Property,,2020,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Daniel C. K. Chow,"The United States has created the ultimate enforcement weapon for its intellectual property (IP) rights in Phase I of the 2020 U.S.-China Economic and Trade Agreement (USCTA). Under the USCTA, the United States has a unilateral right to declare China in breach of the treaty and to impose trade sanctions. The USCTA forbids China from retaliating. China’s only recourse is to withdraw from the USCTA. If China withdraws, however, the United States could reinstate the punitive tariffs that were suspended by the USCTA. As a result, China will be subject to tariffs no matter what it decides, either under the USCTA or due to withdrawal from the USCTA. China has been trapped into a no-win situation. As a matter of legal procedure, the USCTA is innovative and path-breaking; it is also clever and ruthless.; ; As a matter of substantive law, however, the USCTA fails to address problems that have long plagued multinational companies (MNCs) in China. These are problems of pervasive corruption by government and business entities that create barriers to effective on the ground enforcement of IP rights, which is essential to day-to-day operations of MNCs. These problems are especially serious in three areas: demands for payments by PRC authorities in the enforcement of trade secrets, the use of ex parte contacts to influence the results of civil IP litigation, and the use of business bribes in e-commerce platforms that have contributed to an explosion in online sales of counterfeit products.; ; Fortunately, the United States still has an opportunity to address these issues during the current negotiations on the second phase of the USCTA. This article will offer concrete suggestions on how to draft new provisions to address these major substantive problems that have long plagued MNCs in China.",,,,,Business; International trade; Corruption; Trade agreement; Sanctions; Treaty; Ex parte; Enforcement; Substantive law; Intellectual property,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3650977,http://dx.doi.org/10.2139/ssrn.3650977,,10.2139/ssrn.3650977,3133060802,,0,,0,true,,green
023-832-166-510-649,Image Forensics.,2019-09-15,2019,journal article,Annual review of vision science,23744650; 23744642,Annual Reviews,United States,Hany Farid,"From mainstream media outlets to social media and everything in between, doctored photographs are appearing with growing frequency and sophistication. The resulting lack of trust is impacting law enforcement, national security, the media, e-commerce, and more. While some types of manipulations can be detected with a careful visual examination, our visual system seems unable to reliably detect other types of manipulations. The field of image forensics has emerged to help return some trust in photography. I describe the perceptual limits of detecting manipulated images, as well as representative examples of computational techniques for authenticating images.",5,1,549,573,Sophistication; Mainstream; Law enforcement; Photography; Computer science; Internet privacy; Social media; Perception; Field (mathematics); Computer security; Forensic examination; Computer vision; Artificial intelligence,image authentication; image forensics; image manipulation,"Forensic Medicine; Humans; Image Processing, Computer-Assisted/standards; Law Enforcement; Lighting; Photography/standards",,,,http://dx.doi.org/10.1146/annurev-vision-091718-014827,31525144,10.1146/annurev-vision-091718-014827,,,0,000-123-049-661-505; 000-722-798-401-297; 000-980-904-065-103; 004-074-687-520-966; 005-165-861-956-686; 006-668-437-075-012; 006-790-872-202-337; 009-188-547-570-088; 013-610-410-193-416; 014-079-494-188-077; 014-476-043-527-921; 014-560-256-907-604; 015-173-320-940-502; 016-617-865-487-243; 017-853-220-883-872; 018-677-312-546-562; 019-565-760-850-074; 022-946-188-908-77X; 023-566-566-656-381; 024-404-854-435-465; 031-542-664-705-080; 033-932-291-455-221; 034-982-212-580-238; 035-927-743-310-696; 038-145-432-908-706; 039-604-410-537-357; 040-564-033-383-701; 041-838-544-052-666; 046-375-917-984-41X; 047-483-109-871-884; 051-287-264-230-223; 052-411-701-046-793; 052-955-118-705-400; 053-081-745-135-488; 059-371-476-855-922; 073-831-288-159-200; 080-018-733-118-098; 081-974-785-849-34X; 083-274-787-587-30X; 084-281-388-709-316; 084-319-634-513-249; 086-832-985-542-578; 093-203-275-610-419; 094-135-298-524-825; 098-768-111-046-209; 100-814-144-717-19X; 103-647-292-818-009; 104-279-390-845-094; 108-687-063-742-15X; 119-887-749-030-849; 125-162-036-005-386; 126-909-063-343-603; 132-227-839-724-024; 135-262-782-091-897; 138-335-121-143-091; 143-313-366-963-083; 150-280-000-852-253; 159-598-719-798-291; 163-665-154-946-745; 182-017-605-279-245; 196-224-794-979-899,5,false,,
023-848-673-903-363,Public Service Commission Procedure - A Problem and a Suggestion,,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Ray A. Brown,,87,2,139,,Business; Public service commission; Public administration,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol87/iss2/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9008&context=penn_law_review https://core.ac.uk/display/151690271 https://core.ac.uk/download/151690271.pdf,http://dx.doi.org/10.2307/3308908,,10.2307/3308908,851065350,,0,,1,true,,green
023-979-999-507-15X,The Supreme Court and Foreign Sources of Law: Two Hundred Years of Practice and the Juvenile Death Penalty Decision,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Steven G. Calabresi; Stephanie Dotson Zimdahl,,,,,,Juvenile; Sources of law; Political science; Law; Supreme court; Certiorari; Majority opinion; Criminology; Original jurisdiction,,,,,https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=700176 https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=700176 https://core.ac.uk/display/73968354 https://www.ssrn.com/abstract=700176 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=700176 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID700176_code445968.pdf?abstractid=700176 http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1235&context=wmlr,http://dx.doi.org/10.2139/ssrn.700176,,10.2139/ssrn.700176,1678485247,,0,015-200-538-508-588; 017-594-295-491-343; 019-322-310-936-069; 020-868-930-517-498; 028-675-314-170-910; 029-142-282-433-003; 036-445-157-931-355; 039-648-859-275-312; 057-567-835-048-754; 060-118-121-156-782; 066-174-230-323-994; 068-833-327-443-799; 075-467-079-413-895; 082-878-094-475-058; 088-863-584-058-771; 101-988-331-838-209; 112-879-571-931-310; 122-572-608-070-881; 140-123-321-714-271; 151-730-357-398-163; 164-555-652-882-114; 166-783-639-236-078; 172-231-858-969-599; 181-592-646-849-480,7,true,,green
024-055-872-410-04X,The World’s Laws in American Justice: The Foreign Law Provisions of the 2008 Lacey Act Amendments,1969-12-31,1969,journal article,Pittsburgh Journal of Environmental and Public Health Law,21647976,"University Library System, University of Pittsburgh",,Trevor Krost,<jats:p>No Abstract</jats:p>,8,1,,,Economic Justice; Political science; Law,,,,,http://pjephl.law.pitt.edu/ojs/index.php/pjephl/article/view/65/56 http://pjephl.law.pitt.edu/ojs/index.php/pjephl/article/view/65 https://core.ac.uk/download/pdf/296286573.pdf,http://dx.doi.org/10.5195/pjephl.2014.65,,10.5195/pjephl.2014.65,2442621759,,0,,0,true,cc-by-nc-nd,gold
024-080-323-640-082,The Quest to Find a Law Applicable to Contracts in the European Union - A Summary of Fragmented Provisions,2012-01-07,2012,journal article,Global Jurist,19342640,Walter de Gruyter GmbH,Germany,Tamas Dezso Czigler; Izolda Takacs,L,12,2,,,Political science; Law and economics; European union,,,,,https://www.degruyter.com/view/j/gj.2012.12.issue-2/1934-2640.1405/1934-2640.1405.xml https://core.ac.uk/download/227015050.pdf,http://dx.doi.org/10.1515/1934-2640.1405,,10.1515/1934-2640.1405,3124363434,,0,,0,true,,green
024-174-698-258-952,Safe harbours in deep waters: a new emerging liability regime for Internet intermediaries in the Digital Single Market,2018-10-10,2018,journal article,International Journal of Law and Information Technology,09670769; 14643693,Oxford University Press (OUP),United Kingdom,Maria Lillà Montagnani; Alina Trapova,"Online intermediaries, often categorised as the gatekeepers of information, have become major protagonists in a variety of policy and legislative actions within the EU Digital Single Market. These initiatives endeavour to tackle illegal content online by imposing enhanced responsibility rules. The emerging scheme undertakes to nevertheless maintain the safe harbour liability exemption under the E-Commerce Directive. In this article we argue that whether that is really the case remains to be seen, in particular with a view to the proposal for a new directive on copyright in the Digital Single Market, the proposal to amend the Audio-visual Media Services Directive and the Commission’s guidance on enforcement of IPRs. This article strives to understand how the new set of obligations is accommodated in the realm of existing rights and duties and whether the boundaries of the safe harbour are blurred by virtue of these recent legislative initiatives.",26,4,294,310,The Internet; Variety (cybernetics); Intermediary; Business; Law and economics; Commission; Liability; Directive; Enforcement; Legislature,,,,,https://dblp.uni-trier.de/db/journals/ijlit/ijlit26.html#MontagnaniT18 https://academic.oup.com/ijlit/article-abstract/26/4/294/5126431 https://doi.org/10.1093/ijlit/eay013,http://dx.doi.org/10.1093/ijlit/eay013,,10.1093/ijlit/eay013,2898143406,,0,,5,false,,
024-231-656-754-163,"Intellectual Property Rights in Digital Media: A Comparative Analysis of Legal Protection, Technological Measures and New Business Models under E.U. and U.S. Law",,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Nicola Lucchi,"The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. and E.U. law, with particular attention paid to the relationship between contract law and copyright law. Ultimately this article suggests seeing technological protection measures as a souped-up standard form contract, and demonstrates how some business models are able to solve the problem of safe diffusion of digital media.",,,,,Sources of law; Business; Public law; Law; Reservation of rights; Standard form contract; Intellectual property; Land law; Property law; Commercial law,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID713867_code408638.pdf?abstractid=704101&rulid=9172748&mirid=3 https://www.ssrn.com/abstract=704101 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=704101&rec=1&srcabs=742864&alg=1&pos=4 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=704101 https://ssrn.com/abstract=723321 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=704101 https://core.ac.uk/download/76623754.pdf,http://dx.doi.org/10.2139/ssrn.704101,,10.2139/ssrn.704101,1920675646,,0,089-169-102-384-029; 135-436-063-055-352,10,true,cc0,green
024-304-479-970-942,Interstate Trade Barriers in the United States,,1941,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Paul T. Truitt,"An interstate trade barrier has been defined as ""a statute, regulation or practice which operates or tends to operate to the disadvantage of persons, products, or services coming from sister states to the advantage of local residents, products or enterprises.""' Examples of trade barriers are found widely distributed in substantial numbers among laws, ordinances, rules, regulations and administrative orders regulating production, distribution, and general commercial practice. These restrictive influences affect adversely the economical and practical operation of the marketing system. At present there is a lack of economic understanding of these laws; also, their broad vital implications are not sufficiently realized. This is doubtless due to the fact that the phenomenal growth of trade barriers is of comparatively recent origin.",8,2,209,222,Business; International trade; Statute; Market system; Trade barrier; Disadvantage; Production (economics); Distribution (economics),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2069&context=lcp https://core.ac.uk/display/62558150 https://scholarship.law.duke.edu/lcp/vol8/iss2/2/ https://www.jstor.org/stable/1189667 https://core.ac.uk/download/62558150.pdf,http://dx.doi.org/10.2307/1189667,,10.2307/1189667,1524327449,,0,,4,true,,green
024-350-589-662-913,Jurisdictional issues and the internet – a brief overview 2.0,,2018,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Dan Jerker B. Svantesson,"Abstract Issues of Internet jurisdiction remain a key challenge for the application of law to the online environment. Despite of a large volume of academic writings on the topic, these issues continue to be perceived as complex and inaccessible. This article aims to provide an accessible introduction to private international law as it applies to the Internet. As such, it is hoped that it may be a useful resource for courses in IT law, Internet law, e-commerce law or the like, as well as for anyone looking to refresh their understanding of exactly what it is that people are struggling with in the field we may call Internet jurisdiction.",34,4,715,722,Internet privacy; The Internet; Field (geography); Political science; Key (cryptography); Jurisdiction; Resource (project management); Conflict of laws; Legal aspects of computing,,,,,https://www.sciencedirect.com/science/article/pii/S0267364918301894#! https://www.sciencedirect.com/science/article/abs/pii/S0267364918301894 https://research.bond.edu.au/en/publications/jurisdictional-issues-and-the-internet-a-brief-overview-20 https://dblp.uni-trier.de/db/journals/clsr/clsr34.html#Svantesson18a https://pure.bond.edu.au/ws/files/27447554/AM_Jurisdictional_Issues_and_the_Internet.pdf https://core.ac.uk/download/196606546.pdf,http://dx.doi.org/10.1016/j.clsr.2018.05.004,,10.1016/j.clsr.2018.05.004,2806385098,,0,,2,true,cc-by-nc-nd,green
024-553-101-857-785,The future impact of Trans-Pacific Partnership’s rule-making achievements: The case study of e-commerce,2018-11-08,2018,journal article,The World Economy,03785920; 14679701,Wiley,United Kingdom,Shintaro Hamanaka,"While policymakers and scholars often emphasise the significance of the rule‐making aspect when they discuss the benefits of negotiating free trade agreements (FTAs), we know little about the ways in which rules are actually made. We need impartial assessment of the status of rule‐making to draw any concrete policy implications. Moreover, “how international economic rules develop” in terms of enforceability has been a neglected but important research question for students of international economics and laws. International economic rules evolve through a series of FTAs that are signed by a different set of countries. By using the case study of e‐commerce chapters, this paper will specifically examine: (1) how earlier FTAs paved the way to the Trans‐Pacific Partnership (TPP) e‐commerce negotiations; (2) whether rule‐making achievements of TPP are substantial compared against earlier FTAs; and (3) whether rule‐making achievements of TPP, if any, are likely to have some impact on post‐TPP FTAs.",42,2,552,563,International trade; Economics; Negotiation; Trans pacific partnership; Important research; Free trade; General partnership; E-commerce,,,,JSPS Kakenhi,https://ideas.repec.org/a/bla/worlde/v42y2019i2p552-563.html https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3332616 https://www.onlinelibrary.wiley.com/doi/abs/10.1111/twec.12729,http://dx.doi.org/10.1111/twec.12729,,10.1111/twec.12729,2900041424,,0,003-576-324-851-284; 004-093-267-742-355; 014-359-078-791-447; 052-456-577-957-520; 064-135-074-164-711; 084-726-816-871-678; 124-134-739-828-085; 128-914-453-979-569; 165-601-447-975-435,1,false,,
024-655-391-344-976,"The Enron Collapse and Criminal Liabilities of Auditors and Lawyers for Defective Prospectuses in the United States, Australia and Canada: a Review",2008-05-01,2008,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,S M Solaiman,"A lack of uniformity in laws regulating professionals such as auditors and lawyers in relation to defective prospectuses exists across nations around the world. Securities legislation of some jurisdictions clearly imposes criminal liabilities for defective prospectuses on professionals along with directors and promoters of the issuer of securities. But the laws of some other countries are ambiguous in this regard. Such an ambiguity is present in the securities legislation of the United States, Australia and Canada. Their legislation does not categorically name the persons who should be criminally liable for a defective prospectus; nonetheless auditors and lawyers are sometimes caught by virtue of judicial interpretations of those vague legal provisions. Even though they could be on the hook under such interpretations, legislation provides a wide range of defences that facilitate escaping liabilities by offenders at the expense of the integrity of the market. Regarding sanctions, although the term of imprisonment is identical in all these three jurisdictions, pecuniary penalties significantly vary after the recent reforms triggered by some spectacular corporate bankruptcy taking place especially in the U.S. and Australia. Most importantly, the post-Enron reforms explicitly amend the laws governing secondary securities markets, and therefore their application to defective prospectuses is questionable except for the Canadian reforms. If the post-Enron reforms do not really touch the prospectus liability regimes in the U.S. and Australia, it can be said that the lawmakers have ignored their primary securities markets. If this is so, it would be an unwise policy to wait for an Enron-type disaster to occur in the IPO market for stimulus to initiate reforms addressing professional malpractices in the preparation of prospectuses. If not, the law should make it clear before it is too late.",26,1 & 2,81,,Initial public offering; Issuer; Economics; Law; Legislation; Liability; Sanctions; Imprisonment; Prospectus; Bankruptcy,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/35/35 https://ro.uow.edu.au/lawpapers/162/ http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/35 https://core.ac.uk/download/pdf/325947802.pdf,http://dx.doi.org/10.5195/jlc.2008.35,,10.5195/jlc.2008.35,2087464937,,0,,0,true,cc-by-nc-nd,hybrid
024-725-467-406-354,Addressing the Global Climate Change Problem in GATT/WTO Law: The Vision of a New International Climate Law Based on International Distributive Justice,,2011,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,A. F. M. Maniruzzaman; Ahmad S.A.S. Al-Tayer,"‘International distribution justice’, not ‘most favored nation’ (MFN), is the appropriate core principle to govern a law of obligations such as that of the World Trade Organization (WTO). The international distributive justice principle delivers opportunity for economic development because it observes the ‘differences’ principle that characterizes distributive justice, whereas the MFN principle does not, for it distributes obligations erga omnes partes. On the international distributive justice model, obligations are distributed in accordance with WTO member countries’ capacities to bear them. The distribution metric is simple: the degrees of obligation to observe WTO law should range from ‘nil’ to ‘absolute’ along the range of ‘least-developed’, ‘developing’ and ‘developed’ countries. The rank ordering of countries should occur on the basis of their gross domestic product (GDP) status alone, for that status is sufficiently indicative of every country’s economic condition. Accordingly, the current WTO sense of ‘least-developed’, ‘developing’ and ‘developed’ countries should be abandoned in favor of their distinction in terms of their GDP status. Quite properly, there is global interest in the development of a climate law that will deliver the reduction of greenhouse gas (GHG) emissions. The core principle of that law must also be international distributive justice, in order that there be an equitable distribution of the cost burden of GHG reduction. The concept of international distributive justice is discernible in the ‘common but differentiated responsibilities’ doctrine of multilateral environmental agreements (MEAs), but there is no clear relationship between MEAs and the WTO/GATT legislative scheme. A new climate law securely based on the international distributive justice principle will determine that relationship once it is also the core principle of WTO law. Then only the legislative power of the United Nations is required to give the new climate law a coercive power that obliges all GHG emitters.",,,,,Gross domestic product; Economic Justice; International trade; Economics; Public law; Law; Doctrine; Obligation; International economic law; Distributive justice; Municipal law,,,,,https://www.ssrn.com/abstract=1969845 http://core.ac.uk/display/29579849 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1969845 https://core.ac.uk/download/29579849.pdf,http://dx.doi.org/10.2139/ssrn.1969845,,10.2139/ssrn.1969845,2007680816,,0,010-276-814-316-937; 017-260-871-497-584; 018-344-324-547-022; 029-414-558-595-860; 030-271-894-057-607; 031-017-200-595-295; 033-681-351-907-370; 037-849-401-433-794; 045-527-924-769-113; 050-351-004-966-397; 053-948-038-889-992; 059-409-906-122-114; 062-892-095-584-905; 079-165-124-545-363; 083-677-707-029-049; 086-276-582-321-389; 095-901-523-655-984; 097-890-569-746-664; 101-011-199-771-30X; 103-524-584-992-631; 105-851-672-287-300; 108-173-396-671-486; 108-197-154-128-647; 110-006-265-322-458; 122-437-213-712-243; 126-501-308-267-188; 128-684-433-441-71X; 140-973-692-503-087; 144-839-216-179-878; 148-470-743-124-092; 149-162-835-362-719; 158-458-196-412-634; 160-152-789-179-292; 161-635-853-863-834; 165-281-125-431-785; 173-253-428-736-836,0,true,,green
024-935-418-651-367,Firearm Regulation,,1934,journal article,Law and Contemporary Problems,00239186; 19452322,JSTOR,United States,John Brabner-Smith,,1,4,400,400,Business,,,,,https://core.ac.uk/download/62558884.pdf,http://dx.doi.org/10.2307/1189656,,10.2307/1189656,,,0,,2,true,,
024-989-251-660-272,The international evolution of mediation: A call for dialogue and deliberation,2015-12-01,2015,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Thomas J. Stipanowich,"The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international ""evangelical"" movement; and growing impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements, should be accompanied by our collective reflection, dialogue and discernment regarding where we have come to and where we are going. He urges active discussion and deliberation on a host of questions and concerns, including (1) our fundamental understanding of the nature and practice of mediation; (2) the impact of lawyers on mediation, and the appropriate interplay between client and counsel in making process choices; (3) the influence of culture and of legal traditions; (4) the interplay between the facilitation of settlement and processes of adjudication; (5) the potential impact of mediation on the rendition of justice. This conversation should be augmented by an assessment of current mega-trends – the challenges and opportunities presented by information technology, neuropsychology, the mining of big data, and initiatives aimed at institutionalizing or professionalizing mediation. Finally, there should be a new examination of heretofore-unfulfilled opportunities, such as the ""upstream"" (that is, early and pre-litigation) use of skills and insights gleaned from our experience with mediation for the purpose of sustaining and improving relationships.",46,4,1191,,Dispute resolution; Economic Justice; Political science; Mediation; Adjudication; Deliberation; Settlement (litigation); Discernment; Convention; Public relations,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/4889/4342 https://search.informit.com.au/fullText;dn=842661622130907;res=IELHSS https://core.ac.uk/download/pdf/229716563.pdf,http://dx.doi.org/10.26686/vuwlr.v46i4.4889,,10.26686/vuwlr.v46i4.4889,3125521718,,0,,0,true,,bronze
025-047-477-853-058,Suburban Renewal in Pennsylvania,,1962,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Nick S. Fisfis; Harold Greenberg,,111,1,61,,History,,,,,https://core.ac.uk/display/151688966 https://core.ac.uk/download/151688966.pdf,http://dx.doi.org/10.2307/3310542,,10.2307/3310542,2796085725,,0,,3,true,,
025-057-063-034-406,Switching Time and Other Thought Experiments: The Hughes Court and Constitutional Transformation,,1994,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Richard D. Friedman,,142,6,1891,,Political science; Law and economics; Switching time; Law; Transformation (music); New Deal; Thought experiment; Legal history,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3627&context=penn_law_review https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1168&context=articles https://repository.law.umich.edu/articles/169/ https://scholarship.law.upenn.edu/penn_law_review/vol142/iss6/1/ https://core.ac.uk/download/151686456.pdf,http://dx.doi.org/10.2307/3312508,,10.2307/3312508,1514765527,,0,,17,true,,green
025-122-633-925-920,Privatised enforcement and the right to freedom of expression in a world confronted with terrorism propaganda online,2018-11-05,2018,journal article,Internet Policy Review,21976775,"Internet Policy Review, Alexander von Humboldt Institute for Internet and Society",,Eugénie Coche,"The purpose of this paper is to explore the risks of privatised enforcement in the field of terrorism propaganda, stemming from the EU Code of conduct on countering illegal hate speech online. By shedding light on this Code, the author argues that implementation of it may undermine the rule of law and give rise to private censorship. In order to outweigh these risks, IT companies should improve their transparency, especially towards users whose content have been affected. Where automated means are used, the companies should always have in place some form of human intervention in order to contextualise posts. At the EU level, the Commission should provide IT companies with clearer guidelines regarding their liability exemption under the e-Commerce Directive. This would help prevent a race-to-the bottom where intermediaries choose to interpret and apply the most stringent national laws in order to secure at utmost their liability. The paper further articulates on the fine line that exists between ‘terrorist content’ and ‘illegal hate speech’ and the need for more detailed definitions.",7,4,,,Business; Law and economics; Terrorism; Rule of law; Liability; Code of conduct; Enforcement; Transparency (behavior); Censorship; Intervention (law),,,,,https://policyreview.info/articles/analysis/privatised-enforcement-and-right-freedom-expression-world-confronted-terrorism https://policyreview.info/pdf/policyreview-2018-4-1382.pdf,http://dx.doi.org/10.14763/2018.4.1382,,10.14763/2018.4.1382,2903844599,,0,002-223-686-628-696; 010-570-570-661-810; 030-931-483-065-419; 033-838-520-927-800; 107-842-707-215-63X; 115-611-905-074-278; 127-858-605-050-565; 137-718-418-816-930; 154-256-550-264-339,3,true,cc-by,gold
025-215-305-200-229,Proposals to Amend the Registration and Prospectus Requirements of the Securities Act of 1933,,1948,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Clark Byse; Raymond J. Bradley,,96,5,609,,Accounting; Business; Actuarial science; Securities Act of 1933; Prospectus; Registration statement,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9400&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol96/iss5/1/ https://core.ac.uk/display/151690484 https://core.ac.uk/download/151690484.pdf,http://dx.doi.org/10.2307/3309547,,10.2307/3309547,590474339,,0,,0,true,,green
025-278-907-368-131,The scorecard on contract formation and enforceability issues in web transactions,,2011,journal article,International Journal of Private Law,17536235; 17536243,Inderscience Publishers,United Kingdom,Jay Forder,"In contemplation of the 20th anniversary of the use of the internet for e-commerce, this paper reflects on successes and failures in addressing some contract formation and enforceability issues arising in web transactions. It focuses on the Australian response to four basic questions: the enforceability of web transactions, the time and place of contract formation, the incorporation of contractual terms, and the jurisdiction problem. To encourage audience input, a scorecard will be available to willing attendees to note the level of response in their own jurisdiction. The aim of the paper is to identify areas where more work may be needed to address the needs of e-commerce.",4,1,143,155,The Internet; Economics; Work (electrical); Contemplation; Balanced scorecard; Jurisdiction; Web transactions; Public relations; Private law; E-commerce,,,,,https://www.inderscienceonline.com/doi/abs/10.1504/IJPL.2011.037899 https://research.bond.edu.au/en/publications/the-scorecard-on-contract-formation-and-enforceability-issues-in-,http://dx.doi.org/10.1504/ijpl.2011.037899,,10.1504/ijpl.2011.037899,1992419697,,0,,0,false,,
025-523-334-060-848,Control of Nongovernmental Corruption by Criminal Legislation,,1960,journal article,University of Pennsylvania Law Review,00419907; 19428537,JSTOR,United States,R. D. R.,,108,6,848,848,Legislation; Language change; Control (management); Political science; Criminology; Law; Psychology; Economics; Management; Art; Literature,,,,,https://core.ac.uk/download/151689163.pdf,http://dx.doi.org/10.2307/3310456,,10.2307/3310456,,,0,,3,true,,green
025-577-280-864-341,Handicraft and Handcuffs—The Anatomy of an Industry,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Lee Loevinger,,12,1,47,75,Business; Handicraft; Visual arts,,,,,https://scholarship.law.duke.edu/lcp/vol12/iss1/6/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2290&context=lcp https://core.ac.uk/download/62557728.pdf,http://dx.doi.org/10.2307/1190118,,10.2307/1190118,1594815307,,0,,1,true,,green
025-712-024-608-460,The Law and Economics of Microfinance,2015-04-21,2015,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Katherine Helen Mary Hunt,"Microfinance may be the poster-boy of international development, but the facts remain that 100 million borrowers are in poverty and most Microfinance Institutions (MFIs) are not financially self-sustainable.1 This means that there are systemic faults, which do not allow the goals of microfinance to be consistently achieved. This paper considers the interaction between regulation and the goals of microfinance being achieved, with specific focus on financially self-sustainable MFIs. Previous research has not considered microfinance from a law and economics perspective. Regulation has the potential to directly affect the financial sustainability of MFIs,2 through restricting or supporting their business operations regarding obtaining capital and product design.3 Given that financially self-sustainable MFIs have the potential to increase long-term access to financial services without reliance on donations,4 the influence of regulation in this sector is a critical area for study. Despite the importance of the topic, little research has discussed the way regulation creates incentives for MFIs and borrowers, affecting financial self-sustainability.5 Thus, a law and economics perspective, which considers just this, is an important perspective from which to consider how microfinance can achieve its long-term goals. This article is the first which considers such an important yet overlooked issue. In order to consider the law and economics of microfinance this article will present a comparison between financial relationship in developed and developing contexts and explore how microfinance completes a credit market failure that has resulted in those who are willing and able to obtain financial services being excluded from the market.",33,1,1,78,Business operations; Financial services; Business; Order (exchange); Poverty; Law and economics; Bond market; Microfinance; Incentive; International development,,,,,https://jlc.law.pitt.edu/ojs/jlc/article/download/78/81 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/78 https://research-repository.griffith.edu.au/handle/10072/102477 https://core.ac.uk/download/pdf/296521666.pdf,http://dx.doi.org/10.5195/jlc.2014.78,,10.5195/jlc.2014.78,3146275933,,0,,4,true,cc-by-nc-nd,gold
025-725-888-312-440,Competition or Control III: Motor Carriers,,1960,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,G. E. Hale; Rosemary D. Hale,,108,6,775,,Business; Control (management); Competition (economics); Industrial organization,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol108/iss6/1/ https://core.ac.uk/display/151689161 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7005&context=penn_law_review https://core.ac.uk/download/151689161.pdf,http://dx.doi.org/10.2307/3310454,,10.2307/3310454,593263307,,0,,0,true,,green
025-780-030-511-926,"The Constitution in the Supreme Court: Contracts and Commerce, 1836-1864",,1983,journal article,Duke Law Journal,00127086,JSTOR,United States,David P. Currie,"Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power; and although in the Taney period the Court never clearly struck down a state law on Commerce Clause grounds, it found other ways to protect the interest in unobstructed commerce",1983,3,471,513,Political science; Law; Constitution; Supreme court; Constitutional economics; Original jurisdiction,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2841&context=dlj http://chicagounbound.uchicago.edu/journal_articles/3822/ https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=6114&context=journal_articles https://scholarship.law.duke.edu/dlj/vol32/iss3/1/ https://core.ac.uk/download/62550310.pdf,http://dx.doi.org/10.2307/1372383,,10.2307/1372383,1597647159,,0,,0,true,,green
025-880-072-970-715,Arbitration As an Aid in the Enforcement of the Antitrust Laws,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,James V. Hayes,,17,3,504,517,Business; Arbitration; Compulsory arbitration; Law; Enforcement; Consent decree,,,,,https://core.ac.uk/display/62557236 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2537&context=lcp https://scholarship.law.duke.edu/lcp/vol17/iss3/3/ https://core.ac.uk/download/62557236.pdf,http://dx.doi.org/10.2307/1190207,,10.2307/1190207,1566649875,,0,,0,true,,green
026-048-715-663-091,The Labor Decisions of Chief Justice Taft,,1930,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Alpheus Thomas Mason,,78,5,585,,Political science; Law; Justice (ethics),,,,,https://scholarship.law.upenn.edu/penn_law_review/vol78/iss5/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8424&context=penn_law_review https://core.ac.uk/display/151689963 https://core.ac.uk/download/151689963.pdf,http://dx.doi.org/10.2307/3307719,,10.2307/3307719,769150574,,0,,0,true,,green
026-052-925-079-717,Regulatory Principles and the Internationalization of Securities Markets,,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert P. Austin,,50,3,221,250,Capital market; Business; Investment banking; Third market; International economics; Broker-dealer; Financial system; Internationalization,,,,,https://scholarship.law.duke.edu/lcp/vol50/iss3/14/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3913&context=lcp https://core.ac.uk/download/62554449.pdf,http://dx.doi.org/10.2307/1191672,,10.2307/1191672,1592795120,,0,,2,true,,green
026-112-673-327-455,E-commerce Ethics and Its Impact on Buyer Repurchase Intentions and Loyalty: An Empirical Study of Small and Medium Egyptian Businesses,2017-01-28,2017,journal article,Journal of Business Ethics,01674544; 15730697,Springer Science and Business Media LLC,Netherlands,Gomaa Agag,"The theoretical understanding of e-commerce has received much attention over the years; however, relatively little focus has been directed towards e-commerce ethics, especially the SMEs B2B e-ecommerce aspect. Therefore, the purpose of this paper is to develop and empirically test a framework that explains the impact of SMEs B2B e-commerce ethics on buyer repurchase intentions and loyalty. Using SEM to analyse the data collected from a sample of SME e-commerce firms in Egypt, the results indicate that buyers’ perceptions of supplier ethics construct is composed of six dimensions (security, non-deception, fulfilment/reliability, service recovery, shared value, and communication) and strongly predictive of online buyer repurchase intentions and loyalty. Furthermore, our results also show that reliability/fulfilment and non-deception are the most effective relationship-building dimensions. In addition, relationship quality has a positive effect on buyer repurchase intentions and loyalty. The results offer important implications for B2B e-commerce and are likely to stimulate further research in the area of relationship marketing.",154,2,389,410,Business ethics; Empirical research; Business; Marketing; Service recovery; Loyalty; Quality (business); Relationship marketing; E-commerce; Creating shared value,,,,,http://irep.ntu.ac.uk/id/eprint/33173/ https://philpapers.org/rec/AGAEEA https://dialnet.unirioja.es/servlet/articulo?codigo=7372081 https://core.ac.uk/display/153632945 https://ideas.repec.org/a/kap/jbuset/v154y2019i2d10.1007_s10551-017-3452-3.html https://link.springer.com/article/10.1007/s10551-017-3452-3 https://core.ac.uk/download/153632945.pdf,http://dx.doi.org/10.1007/s10551-017-3452-3,,10.1007/s10551-017-3452-3,2581409657,,0,001-262-274-011-134; 001-835-795-626-72X; 002-480-842-659-265; 002-634-982-536-303; 002-939-711-528-747; 003-436-498-786-748; 004-771-103-585-250; 005-588-571-784-921; 007-919-061-833-822; 008-432-011-808-903; 008-545-922-194-325; 008-736-978-360-515; 008-985-889-577-103; 009-271-041-555-187; 009-292-371-162-047; 010-204-568-902-179; 010-229-870-253-174; 010-854-534-444-434; 011-319-579-848-469; 011-333-850-887-969; 011-386-801-691-803; 011-874-680-079-601; 012-422-288-274-786; 012-944-345-604-816; 013-331-505-668-726; 014-423-274-180-858; 015-291-497-599-212; 015-712-300-292-835; 015-759-899-059-56X; 015-807-040-102-696; 015-987-898-011-905; 016-827-080-341-928; 017-520-830-823-011; 019-341-027-327-798; 019-361-448-804-810; 020-214-859-736-758; 020-415-463-369-083; 021-589-615-672-062; 021-989-067-061-270; 024-572-586-108-937; 025-033-336-373-256; 027-974-052-497-705; 028-835-175-623-034; 030-585-842-717-046; 031-119-386-052-375; 031-726-809-904-205; 033-448-955-113-116; 033-874-734-800-125; 033-988-631-393-497; 034-534-118-283-633; 034-582-958-902-800; 036-630-685-023-048; 037-574-215-563-501; 039-620-960-893-065; 041-086-055-055-322; 041-213-268-977-899; 042-081-302-745-093; 042-473-435-460-369; 043-810-501-618-787; 043-933-777-509-32X; 043-946-944-038-047; 045-435-652-306-079; 045-669-816-406-28X; 045-728-676-532-934; 046-407-010-622-81X; 048-721-950-302-179; 050-445-792-097-061; 052-319-259-195-574; 053-532-815-798-931; 053-887-605-009-220; 057-318-945-331-430; 057-662-541-378-294; 058-305-042-946-702; 059-311-480-540-902; 060-501-650-026-221; 060-802-672-200-98X; 061-220-032-764-871; 063-713-695-406-555; 063-732-983-496-94X; 063-862-591-134-240; 065-163-157-624-95X; 066-617-539-943-518; 066-999-143-041-24X; 067-391-587-353-608; 067-715-519-706-692; 069-237-391-015-452; 070-356-861-976-205; 070-950-038-674-704; 072-095-794-393-99X; 072-813-199-606-608; 072-899-965-594-58X; 072-978-121-958-617; 073-437-726-262-182; 074-411-704-074-421; 077-018-116-077-456; 077-624-101-305-479; 077-930-616-453-628; 081-434-287-665-751; 081-601-127-980-598; 082-801-531-952-321; 082-968-160-396-788; 083-016-168-605-407; 084-236-789-123-006; 084-269-751-396-464; 087-035-189-607-742; 087-326-994-240-728; 088-651-161-567-983; 090-326-818-779-781; 091-222-383-370-986; 092-575-727-164-650; 092-591-070-873-638; 093-687-305-930-450; 096-337-705-246-606; 098-782-713-711-860; 099-060-718-075-420; 101-546-450-833-744; 102-705-479-944-597; 104-571-417-535-351; 106-669-455-299-685; 106-731-015-420-570; 107-104-671-850-660; 107-457-338-314-497; 111-283-776-741-357; 113-971-838-225-393; 115-399-207-481-188; 116-053-728-519-08X; 118-940-467-195-219; 120-199-522-326-238; 121-455-821-260-466; 126-360-591-489-264; 128-910-399-711-562; 133-821-994-873-888; 133-974-821-742-334; 134-277-994-047-447; 138-408-778-403-382; 138-674-119-690-463; 138-959-981-189-28X; 139-101-567-335-455; 146-306-169-075-996; 147-450-929-251-01X; 147-777-072-867-660; 147-934-252-721-438; 152-636-089-161-13X; 152-658-515-030-050; 154-163-777-383-030; 156-286-468-497-272; 159-112-841-527-652; 159-955-611-049-187; 165-049-232-678-330; 165-172-055-997-384; 167-945-062-989-803; 168-666-202-411-208; 175-484-632-093-592; 175-602-270-496-697; 178-520-372-262-912; 184-708-476-216-541; 191-191-053-153-803; 192-389-272-784-584; 198-694-764-011-544,50,true,,green
026-245-617-611-944,Building blocks of e-commerce,,2005,journal article,Sadhana,02562499; 09737677,Springer Science and Business Media LLC,India,V. Rajaraman,"This article examines the architecture of e-commerce as a set of layers, each supporting the one above it. The layers have clean interfaces, that is, they can be designed independently. We present an architecture with six layers. The lowest layer consists of a physical communication network such as local area network or public switched telephone networks. The next higher layer is the logical layer which describes the protocol used to interconnect communication systems to create internet, intranet and extranet. The services provided over the internet infrastructure, namely, e-mail, world wide web etc., are described in what is called network services layer. It is essential to ensure security of messages, documents etc., which are transmitted using network services. The messaging layer is thus concerned with encryption methods, both private and public key encryption and their applications. We call the layer above this the middleman service, which is concerned with value-added services offered by intermediaries to enable payment for services received, certify digital signatures, safely transmit documents and provide information on behalf of companies. The topmost layer is the application layer which users see. The major applications are customer-to-business (C2B) e-commerce, business-to-business (B2B) e-commerce, customer-to-consumer (C2C) e-commerce etc. We briefly explain these modes.",30,2,89,117,Service layer; The Internet; Network layer; Link layer; Local area network; Application layer; Network architecture; Intranet; Computer network; Computer science,,,,,http://repository.ias.ac.in/38346/ http://eprints.iisc.ac.in/3537/ http://repository.ias.ac.in/38346/1/19-PUB.pdf https://link.springer.com/article/10.1007/BF02706240 https://core.ac.uk/download/pdf/291533745.pdf,http://dx.doi.org/10.1007/bf02706240,,10.1007/bf02706240,2069873370,,3,000-661-074-543-621; 003-273-318-840-783; 005-562-210-668-153; 008-810-331-329-640; 027-385-508-834-525; 032-455-020-356-314; 033-612-351-384-654; 046-287-926-242-370; 048-791-891-072-847; 049-781-955-525-970; 056-580-888-214-429; 062-111-927-362-041; 064-379-668-791-529; 073-789-708-643-589; 076-952-534-064-89X; 078-484-002-114-356; 079-895-136-679-769; 082-146-533-887-887; 085-004-393-422-396; 087-156-662-585-747; 092-436-208-442-241; 113-236-553-027-384; 119-729-117-510-736; 119-908-065-025-272; 147-549-060-075-012; 153-090-463-809-931,6,true,,green
026-462-750-543-97X,China's Development of International Economic Law and WTO Legal Capacity Building,2010-12-01,2010,journal article,Journal of International Economic Law,13693034; 14643758,Oxford University Press (OUP),United Kingdom,Pasha L. Hsieh,"This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with domestic firms in major disputes and engaged the latter in third-party cases. Finally, the article evaluates China’s assertive legalism strategy that enhances its recent participation in WTO rule-making and disputes against the US and the European Union. This research, therefore, provides a valuable case study for other emerging economies and the multilateral trading system.",13,4,997,1036,Emerging markets; Government; International trade; Political science; China; Legalism (Western philosophy); International economic law; European union; Legal capacity; International law,,,,,https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1953&context=sol_research https://works.bepress.com/pasha_hsieh/8/ https://works.bepress.com/pasha_hsieh/63/ https://ink.library.smu.edu.sg/sol_research/954/ https://works.bepress.com/pasha_hsieh/8/download/ https://ideas.repec.org/a/oup/jieclw/v13y2010i4p997-1036.html https://academic.oup.com/jiel/article/13/4/997/799813 https://econpapers.repec.org/RePEc:oup:jieclw:v:13:y:2010:i:4:p:997-1036 http://academic.oup.com/jiel/article-abstract/13/4/997/799813 https://core.ac.uk/download/13244238.pdf,http://dx.doi.org/10.1093/jiel/jgq047,,10.1093/jiel/jgq047,3126006483,,0,,15,true,cc-by-nc-nd,green
026-647-188-124-719,Federal Interpretation of State Law,,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,J. Mark Jacobson,,86,4,335,,Statutory law; Black letter law; Political science; Public law; Constitutional law; Law; State law; Interpretation (philosophy); Municipal law,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8966&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol86/iss4/1/ https://core.ac.uk/display/151690254 https://core.ac.uk/download/151690254.pdf,http://dx.doi.org/10.2307/3308780,,10.2307/3308780,832282798,,0,,1,true,cc0,green
026-651-084-476-420,Trust crisis in electronic commerce and its countermeasures,,2009,journal article,Journal of Liaoning Technical University,,,,LI Xiaoyan,"Even though the E-commerce has promoted the rapid development of business and trade in our country,the trust crisis of the internet really affects the further development of our country's E-commerce,and there still exist problems such as the lagging development of the internet safety technology,the genuineness of the cyber information,the unsound relevant laws and regulations and the unsafe payment in the E-commerce.Analyzing the causes of the above problems,the writer proposes suggestions such as enforcing the security technology of the cyber information,establishing and perfecting the system of trust,improving laws and regulations and strengthening the internet construction with morality as its main body.",,,,,The Internet; Business; Payment; Morality; Lagging; Public relations; E-commerce,,,,,http://en.cnki.com.cn/Article_en/CJFDTOTAL-NLGC200904013.htm,http://en.cnki.com.cn/Article_en/CJFDTOTAL-NLGC200904013.htm,,,2382816211,,0,,0,false,,
026-927-152-547-943,Arbitration in the Settlement of International Trade Disputes,,1946,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Morris S. Rosenthal,"When barriers to international trade are discussed, those that are usually thought of are high tariffs, customs red tape, foreign exchange controls, trade discriminations, restrictive cartel practices, and other regulations and curbs, governmental and private, which add to the normal difficulties of trade among nations. Commercial disputes between traders are rarely thought of as a barrier to international trade expansion. And yet, a great many medium-sized and small companies find themselves in trouble when they have disagreements with their customers or their sources of supply in other countries of the world and must think in terms of law suits or losses or both. Larger companies are not as adversely affected by the expenses resulting from disputes with companies in other countries of the world as they can better afford to proscute in courts of law and go through the series af appeals until a decision comes down from the highest court of the land. Or, because of their great prestige, position and wealth they can frequently compel favorable settlement of a dispute. In the post World War II world, we not only expect but know that we must have an expanded international exchange of goods and services among all nations of the world, including our own. During the expansive years ahead, there will inevitably be an increasing number of disputes between sellers and buyers as the number of entrepreneurs grows and the volume of international trade expands. As after World War I, there will be many cases of buyers and sellers who attempt to avoid their contractual obligations when their contracts of sale and purchase are no longer profitable. There will be controversies over failure to ship or to deliver, over late shipments or deliveries, over merchandise inferior in quality, over refusal to accept delivery of goods, over claims that no contract ever existed between the parties, over differing interpretations of foreign trade definitions which set forth the risks of seller and buyer while the goods are in transit, over interpretation of marine insur-",11,4,808,834,Business; International trade; Arbitration; Compulsory arbitration; Goods and services; Position (finance); Cartel; Settlement (litigation); Foreign exchange controls; Free trade,,,,,https://scholarship.law.duke.edu/lcp/vol11/iss4/13/ https://www.jstor.org/stable/1190183 https://core.ac.uk/display/62557780 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2282&context=lcp https://core.ac.uk/download/62557780.pdf,http://dx.doi.org/10.2307/1190183,,10.2307/1190183,1573690452,,0,,0,true,,green
026-953-871-239-399,The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines,2013-02-01,2013,journal article,Deakin Law Review,18359264; 13213660,Deakin University,,Kananke Chinthaka Liyanage,"Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Consumer Protection in the Context of Electronic Commerce developed by the Organisation for Economic Co-operation and Development in 1999 and the Australian Guidelines for Electronic Commerce in 2006. In addition, the viability of the regulatory approaches of these instruments is explored in the context of online consumer arbitration used for the resolution of cross-border business-to-consumer electronic commerce disputes. In the course of the discussion, some insights on further improvements to these guidelines are also provided.",17,2,251,282,Private sector; Dispute resolution; Business; Online dispute resolution; Marketing; Element (criminal law); Legislation; Consumer arbitration; Context (language use); Consumer protection; Public relations,,,,,https://ojs.deakin.edu.au/index.php/dlr/article/view/78 https://ojs.deakin.edu.au/index.php/dlr/article/download/78/82 https://core.ac.uk/download/229688819.pdf,http://dx.doi.org/10.21153/dlr2012vol17no2art78,,10.21153/dlr2012vol17no2art78,2345183123,,0,,2,true,,bronze
026-998-021-969-335,Private Internet Governance,,2003,journal article,Loyola University of Chicago Law Journal,00247081,,,Jay P. Kesan,"This article analyzes the effectiveness and limitations of the regulation of electronic commerce by private entities on the Net. In this sense, this work has a narrow focus. It is concerned about regulation of e-commerce and the improvement of regulatory regimes on the Net by attempting to increase the overall social welfare of both firms and consumers. My analysis relies on two detailed case studies of: (a) the regulation of online privacy rights by BBBOnline, and (b) the regulation of Internet domain names and addresses by the Internet Corporation for Assigned Names and Numbers (ICANN). In putting together these case studies, I have relied exclusively on publicly available information. I study the advantages and disadvantages of each regulatory regime and consider the problems faced by both types of institutions in efficiently managing a regulatory system. I then demonstrate how this system can be improved through governmental involvement. I claim that the failure of these third party institutions (TPIs) to create a regulatory framework for the Internet is proof of the need for a carefully defined government role. Based on the insights from the case studies, I then define this role for government as one that is intended to solve problems in the selfregulatory approach by setting minimum baseline standards for regulatory issues such as online privacy, preventing the capture of private regulators through meaningful oversight, increasing the participation of firms in private regulatory initiatives, and also serving as the enforcer of last resort. KESAN 5.0 1/13/04 10:02 AM 87 Private Internet Governance",35,1,87,137,Internet privacy; Baseline (configuration management); The Internet; Business; Government; Domain (software engineering); Work (electrical); Corporation; Internet governance; Social Welfare,,,,,https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1273&context=luclj https://lawecommons.luc.edu/luclj/vol35/iss1/5/ https://experts.illinois.edu/en/publications/private-internet-governance,https://lawecommons.luc.edu/luclj/vol35/iss1/5/,,,3122540161,,0,,2,false,,
027-030-949-998-880,"Testimony Before the House Committee on Energy and Commerce, Hearing on Patent Demand Letter Practices and Solutions",,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Paul R. Gugliuzza,"A small number of patent holders have been abusing the patent system. These patent holders blanket the country with thousands of letters demanding that the recipients purchase a license for a few thousand dollars or else face an infringement suit. The letters are usually sent to small businesses and nonprofits that do not have the resources to investigate allegations of patent infringement. And the letters often contain false or misleading statements designed to scare the recipient into purchasing a license without investigating the claims of infringement. In an attempt to address this problem, eighteen states have recently passed statutes that, generally speaking, outlaw bad faith assertions of patent infringement. Any federal legislation on this issue should recognize that state governments and the federal government each have unique strengths that they can contribute to solving the problem of abusive patent enforcement. The strengths of state governments include both the quantity of law enforcement resources that could be provided by dozens of states’ attorneys general offices and the accessibility of state governments to those most likely to be targeted by deceptive campaigns of patent enforcement: small businesses, nonprofits, and local governments. By contrast, federal legislation on patent demand letters would provide the obvious benefits of legal uniformity and greater predictability for patent holders about whether or not their enforcement actions are legal. In addition, federal legislation could clarify difficult jurisdictional issues that currently arise in cases challenging the lawfulness of patent enforcement conduct. Any legislation regulating patent enforcement, however, will be constrained by a line of Federal Circuit cases holding that patent holders are immune from liability for their enforcement conduct unless the patent holder made allegations of infringement that it knew to be objectively baseless. This broad immunity rule has already immunized two notorious trolls, Innovation IP Ventures and MPHJ Technology Investments, from legal challenges to their enforcement campaigns under state consumer protection laws. But it is possible that the Federal Circuit could revise its immunity doctrine to accommodate greater regulation of patent enforcement conduct. The Federal Circuit keeps close watch when Congress is considering amending patent law, and, in the past decade, the court has repeatedly revised its case law to align with proposed legislation.",,,,,Patent troll; Common law; Statute; Political science; Law; Patent infringement; Legislation; Enforcement; Law enforcement; Consumer protection,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2571437 https://ssrn.com/abstract=2571437,http://dx.doi.org/10.2139/ssrn.2571437,,10.2139/ssrn.2571437,14115985,,0,039-421-585-898-945; 040-638-835-872-661; 042-678-949-532-947; 063-269-039-012-189; 124-655-829-548-881; 128-591-228-113-175; 145-524-256-695-092; 148-248-986-934-236; 153-315-477-787-184; 173-508-731-448-177,1,true,,green
027-214-714-114-004,Sources of Rules for Conflict of Laws,,1941,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Elliott E. Cheatham,,89,4,430,,Political science; Law and economics; Conflict of laws,,,,,https://core.ac.uk/display/151690323 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9129&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol89/iss4/2/ https://core.ac.uk/download/151690323.pdf,http://dx.doi.org/10.2307/3308834,,10.2307/3308834,853386893,,0,,3,true,,green
027-257-123-635-369,"E-Commerce Regulation: Necessity, Futility, Disconnect",,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Eliza Karolina Mik,"Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to “everything Internet” (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. Despite its relative “youth,” however, the “law of e-commerce” has developed a set of orthodox approaches. It is therefore not too early to present some heterodox views, especially given the largely unsuccessful regulatory activity in the European Union. Not just technologies but also theories about the Internet can become obsolete within a short period of time and should therefore be subject to constant revision.",,,,,The Internet; Technological change; Set (psychology); Political science; Law and economics; Ignorance; Subject (philosophy); Quality (business); European union; Public relations; E-commerce,,,,,https://core.ac.uk/display/20250461 https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2372559 https://ssrn.com/abstract=2372559 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2372559_code1832117.pdf?abstractid=2372559&mirid=5&type=2 https://core.ac.uk/download/20250461.pdf,http://dx.doi.org/10.2139/ssrn.2372559,,10.2139/ssrn.2372559,1551413089,,0,028-201-130-354-016; 050-162-648-970-401; 178-474-910-248-348; 181-256-910-049-368,0,true,cc-by-nc-nd,green
027-265-702-672-615,Regulation of Offshore Investment Companies Through Extraterritorial Application of Rule 10b-5,1982-02-01,1982,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Steven L. Hearn,,31,1,167,191,Finance; Unit investment trust; Manager of managers fund; Business; International trade; Umbrella fund; Open-ended investment company; Institutional investor; Investment (macroeconomics); Investment fund; Closed-end fund,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2802&context=dlj https://scholarship.law.duke.edu/dlj/vol31/iss1/5/ https://core.ac.uk/download/62550406.pdf,https://scholarship.law.duke.edu/dlj/vol31/iss1/5/,,,1579317088,,0,,0,true,,
027-420-745-215-497,The Deficiency of E-commerce contract and Some Propose to Perfect,,2012,journal article,Energy Procedia,18766102,Elsevier BV,,Tang Junhu; Jia wenxue; Song Yang,"Abstract With the development of information technology, electronic data exchange to some extent takes the place of the traditional transaction based on paper contract, which challenged the legal system and the information security system while facilitating the transaction. This paper studied the typical procedures of signing a E-commerce contract, found that there are some problems on legal and operation levels, especially on the TTP system, and put forward some legislation suggestions to improve it.",16,,633,638,Information technology; Business; Legislation; Electronic data; Computer security; Information security; Contract management; Database transaction; E-commerce,,,,,https://www.sciencedirect.com/science/article/abs/pii/S1876610212001129 https://core.ac.uk/display/82694481 https://www.sciencedirect.com/science/article/pii/S1876610212001129 https://core.ac.uk/download/pdf/82694481.pdf,http://dx.doi.org/10.1016/j.egypro.2012.01.102,,10.1016/j.egypro.2012.01.102,2017401586,,0,103-381-336-743-251; 138-411-864-497-589; 146-469-721-767-766; 160-371-412-121-947; 187-814-108-592-744,2,true,cc-by-nc-nd,gold
027-472-276-595-806,"Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments",,2014,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Christopher A. Whytock,"Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments Christopher Whytock* Abstract In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judg- ments is evolving, but in different directions. EU law, espe- cially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation, increasingly facilitates enforce- ment in member states of judgments of other member states’ courts, reflecting growing faith in a multilateral pri- vate international law approach to foreign judgments. In US law, on the other hand, increasingly widespread adoption of state legislation based on the 2005 Uniform Foreign- Country Money Judgments Recognition Act (2005 Act), which adds new case-specific grounds for refusing enforce- ment, suggests growing scepticism. In this essay, I explore possible reasons for these diverging trends. I begin with the most obvious explanation: the Brussels framework governs the effect of internal EU member state judgments within the EU, whereas the 2005 Act governs the effect of external foreign country judgments within the US. One would expect more mutual trust – and thus more faith in foreign judgment enforcement – internally than externally. But I argue that this mutual trust explanation is only partially sat- isfactory. I therefore sketch out two other possible explana- tions. One is that the different trends in EU and US law are a result of an emphasis on ’governance values’ in EU law and an emphasis on ’rights values’ in US law. Another explanation – and perhaps the most fundamental one – is that these trends are ultimately traceable to politics. Keywords: private international law, conflict of laws, foreign judgments, European Union, United States 1 Introduction ‘It is time to stop pretending that Europeans and Americans share a common view of the world ....’ 1 So Christopher Whytock is Professor of Law and Political Science at the University of California, Irvine School of Law. For helpful comments on an earlier draft of this essay, I thank Bill Dodge, Deborah Hensler, Stefaan Voet, participants at the Bay Area Procedural Forum at Univer- sity of California, Hastings College of Law, and two anonymous review- ers. R. Kagan, Of Paradise and Power: America and Europe in the New World Order (2003), at 3. Christopher Whytock begins Robert Kagan’s 2003 book, Of Paradise and Pow- er: America and Europe in the New World Order. Writ- ing about differences between European and American strategic culture, Kagan argued that Europe favors mul- tilateral solutions to global problems, while the Ameri- can impulse is unilateral. 2 American exceptionalism ‘may be welcomed, ridiculed, or lamented. But it should not be doubted.’ 3 Recent developments suggest that similar differences may exist in European and American approaches to one of the main branches of private international law: the enforcement of foreign country judgments. In both the European Union (EU) and the United States (US), this area of law is evolving – but in different directions. Within the EU, the law increasingly facilitates the enforcement in member states of the judgments of other member states, reflecting a growing faith in a multilater- al private international law approach to foreign judg- ments. Most notably, the 2012 ‘Recast’ of the Brussels I Regulation (Brussels I Recast) promises to streamline enforcement by eliminating the declaration of enforcea- bility (exequatur) as a requirement for the enforcement of EU member state judgments in civil and commercial matters. 4 In US law, on the other hand, there is evi- dence of growing scepticism and insistence on more searching unilateral US review of foreign country judg- ments. In particular, US states are increasingly adopting legislation based on the 2005 Uniform Foreign-Country Money Judgments Recognition Act (2005 Act), which contains two new grounds for refusing enforcement: one that allows non-enforcement if ‘the judgment was ren- dered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment’ and the other if ‘the specific proceed- ing in the foreign court leading to the judgment was not compatible with the requirements of due process of law.’ 5 In this essay I offer some comparative reflections on these trends. I first develop the claim that EU law Id., at 55. Id., at 88. See Article 39 of Regulation No. 1215/2012 on jurisdiction and the rec- ognition and enforcement of judgments in civil and commercial matters (recast), OJ 2012, L 351/1 (hereinafter Brussels I Recast). The Brussels I Recast will apply beginning in January 2015. Id., Article 66(1). See Section 4(c) of the Uniform Foreign-Country Money Judgments Recognition Act (hereinafter 2005 Act). ELR November 2014 | No. 3",7,3,113,124,Political science; Law; Writ; Jurisdiction; Legislation; Member state; Enforcement; European union; International law; Conflict of laws,,,,,https://www.bjutijdschriften.nl/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002 https://repub.eur.nl/pub/77386/ELR_2014_03_002.pdf http://www.erasmuslawreview.nl/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002 http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002 https://escholarship.org/uc/item/28s121bb.pdf https://escholarship.org/uc/item/28s121bb https://www.narcis.nl/publication/RecordID/oai%3Arepub.eur.nl%3A77386 https://scholarship.law.uci.edu/cgi/viewcontent.cgi?article=1411&context=faculty_scholarship https://www.elevenjournals.com/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002 https://scholarship.law.uci.edu/faculty_scholarship/412/ https://escholarship.org/content/qt28s121bb/qt28s121bb.pdf?t=olh9np https://www.elevenjournals.com/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002.pdf http://www.erasmuslawreview.nl/tijdschrift/ELR/2014/3/ELR_2210-2671_2014_007_003_002.pdf https://repub.eur.nl/pub/77386 https://core.ac.uk/download/43318051.pdf,http://dx.doi.org/10.5553/elr.000022,,10.5553/elr.000022,3124683263,,0,,3,true,cc-by-nc-sa,gold
027-563-429-976-225,Foreign Principals,,1932,journal article,University of Pennsylvania Law Review and American Law Register,07499833; 19428545,JSTOR,,Hugh J. Fegan,,80,6,858,858,Political science; Business,,,,,https://core.ac.uk/download/151690021.pdf,http://dx.doi.org/10.2307/3308327,,10.2307/3308327,,,0,,0,true,,
027-978-621-614-712,A Decade of Progress Under the Federal Employers’ Liability Act,,1953,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,William H. DeParcq,,18,3,257,280,Business; Liability; Public administration,,,,,https://scholarship.law.duke.edu/lcp/vol18/iss3/1/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2564&context=lcp https://core.ac.uk/download/62557174.pdf,http://dx.doi.org/10.2307/1190493,,10.2307/1190493,1547552765,,0,,0,true,,green
027-986-432-476-242,The Interplay Between Norms and Enforcement in Tax Compliance,,2003,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Leandra Lederman,"What will increase individuals' compliance with the federal income tax? There are rich legal, economic, and sociological literatures examining this question. The traditional answer that increased enforcement will increase compliance is supported by both economic modeling and a number of experiments. However, studies show that appeals to normative beliefs about honesty in taxpaying play an important role as well. A number of scholars have suggested that vigorous enforcement of the tax laws may be counterproductive because it may suggest that noncompliance is the norm. This article argues, in part, that enforcement and a compliance norm are not inconsistent but rather are complementary. In other words, enforcement can buttress norms-based appeals for compliance. To support this argument, the article draws on an array of empirical evidence from both experimental ""games"" conducted in the laboratory and field experiments involving taxpayers. The interplay of enforcement and taxpaying norms manifests itself somewhat differently in different contexts. Studies suggest that there is a societal norm of compliance with tax obligations but that there may be a norm of noncompliance among certain groups. The IRS may therefore be best served by targeted compliance strategies. With respect to mainstream, generally compliant taxpayers, the IRS can rely on broad-based matching of information returns with taxpayer returns, low levels of audits, and norms-based appeals. With respect to groups with norms of noncompliance, the IRS can use enforcement not only for detection and deterrence but also to try to build a critical mass of compliant taxpayers and thereby influence the group norm.",,,,,Norm (social); Income tax; Empirical evidence; Law and economics; Law; Taxpayer; Honesty; Enforcement; Normative; Tax law,,,,,https://www.ssrn.com/abstract=391133 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=391133 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID589428_code48125.pdf?abstractid=391133&rulid=5467253&mirid=3 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID589428_code48125.pdf?abstractid=391133&rulid=9455413&mirid=2 https://core.ac.uk/download/159603299.pdf,http://dx.doi.org/10.2139/ssrn.391133,,10.2139/ssrn.391133,1855818901,,0,031-817-063-432-726; 038-636-260-140-003; 104-516-382-723-886; 162-105-591-257-129,22,true,,green
028-238-331-117-104,Eurodollar Financing of Cash Tender Offers: A New Challenge to the Margin Requirements,,1970,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,William James Nutt,,118,5,767,,Finance; Tender offer; Business; Margin (finance); Cash; Eurodollar,,,,,https://core.ac.uk/display/151688303 https://core.ac.uk/download/151688303.pdf,http://dx.doi.org/10.2307/3311389,,10.2307/3311389,2797824866,,0,,0,true,,
028-323-464-176-219,"The Constitution and the Recovery Legislation: The Roles of Document, Doctrine, and Judges",,1934,journal article,The University of Chicago Law Review,00419494,JSTOR,United States,Douglas B. Maggs,,1,5,665,,Political science; Law; Concurrent powers; Constitution; Doctrine; Legislation; Reserved powers; Inherent powers; Enumerated powers,,,,,https://chicagounbound.uchicago.edu/uclrev/vol1/iss5/1/ https://paperity.org/p/146257880/the-constitution-and-the-recovery-legislation-the-roles-of-document-doctrine-and-judges https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5516&context=faculty_scholarship https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1296&context=uclrev https://scholarship.law.duke.edu/faculty_scholarship/2823/ https://core.ac.uk/download/62565158.pdf,http://dx.doi.org/10.2307/1596367,,10.2307/1596367,192984123,,0,,0,true,cc0,green
028-465-455-901-646,Beyond Quill and Congress: The Necessity of Sales Tax Enforcement and the Invention of a New Approach *,2016-05-01,2016,journal article,The American University law review,00031453,,,Lila Disque; Helen Hecht,"INTRODUCTIONThe U.S. consumption tax-the sales and use tax-has been plagued by a seemingly intractable problem: it is built on an enforcement system that depends on seller-collection. But under U.S. Supreme Court precedent, states cannot require ""remote"" sellers (those without some kind of physical presence in the state) to collect and remit the tax.1 Consequently, states instead attempt to collect the tax from resident purchasers through self-reporting-a method that has proven to be much less effective.2 Congress has the power to grant states enforcement authority over remote sellers, but has long denied that assistance to the states. But what if the states had an alternative approach to enforcing the tax on remote purchases? And what if this approach could be implemented without the need for action by Congress or the Supreme Court? The ""seeds"" of that approach have already been planted.It is no surprise that state and local governments rely on sellers to help enforce the sales and use tax imposed on purchases by consumers. Sellers have the means to withhold and pay over the tax received as part of the purchase price. Just as importantly, sellers create information and maintain records in the regular course of their business, which are necessary for determining and confirming the proper amount of tax. Despite the limits imposed by the Supreme Court,3 this enforcement system worked well historically because commercial success required physical proximity to markets. But e-commerce has undermined this system.4 As a result, states now face a situation in which the parameters of the sales and use tax are increasingly dictated not by the principles of good tax policy or legislative choice, but by the limits of an outdated approach to enforcement. This reality is especially evident in the extent to which state use taxes are generally collected on consumer purchases of digital goods and services-which is seldom.5The conventional wisdom is that for the states to solve the sales tax enforcement problem, and thus remove this barrier to taxing the ""new economy,"" one of two things must occur. Either Congress must act to expand state jurisdiction to require remote-seller collection of tax, or the Supreme Court must eliminate the bar created by its precedent.6 State and local governments have devoted substantial time and resources to making progress down one or both of these two paths, but with little success.7 For nearly sixteen years, the Streamlined Sales and Use Tax Agreement has attempted to simplify the sales tax system so that Congress would be persuaded to grant tax collection authority.8 But, this effort, like others, has failed to reach this goal. Recently, the National Conference of State Legislatures advised state lawmakers that ""[w]e cannot depend on Congress to heed the calls of their state legislative partners"" to solve the problem,9 urging states instead to act legislatively to expand tax collection duties, challenging Supreme Court precedent, if necessary.10 But for the states to attempt to bring a direct challenge seeking to overturn Supreme Court precedent only raises a number of other difficult issues.11This either-Congress-or-the-Supreme-Court formulation of the necessary solution to the sales tax enforcement problem has a number of flaws. First, neither Congress nor the Supreme Court is obligated to address the issue, and neither seems in a hurry to do so. Second, although it would be a simple matter for Congress or the Court to expand the legal jurisdiction of the states (assuming they wished to do so), legal jurisdiction alone does not solve the practical problems of enforcing collection from remote actors. But perhaps most importantly, this formulation imposes a false dichotomy-that the solution must come from either Congress or the Supreme Court-which assumes that there are no other options. But there are, and perhaps it is time to consider them.12This Article posits that it is time for states to consider alternative enforcement tools and to take advantage of the information technology that makes electronic commerce possible. …",65,5,1163,,Indirect tax; Business; Tax credit; Direct tax; Law; Use tax; Supreme court; Sales tax; Tax reform; State income tax,,,,,https://www.questia.com/library/journal/1P3-4140386931/beyond-quill-and-congress-the-necessity-of-sales https://digitalcommons.wcl.american.edu/aulr/vol65/iss5/2/ https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=2146&context=aulr,https://www.questia.com/library/journal/1P3-4140386931/beyond-quill-and-congress-the-necessity-of-sales,,,2604695803,,0,,0,false,,
028-803-583-254-577,Foreign Trade Functions of Trade Associations: The Legal Aspects,,1928,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Benjamin S. Kirsh,,76,8,891,,International trade; Economics; Trade barrier; Economic integration; International free trade agreement,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol76/iss8/1/ https://core.ac.uk/display/151689921 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8310&context=penn_law_review https://core.ac.uk/download/151689921.pdf,http://dx.doi.org/10.2307/3307277,,10.2307/3307277,785021992,,0,,0,true,,green
028-891-055-501-063,Some technological implications for ascertaining the contents of contracts in web-based transactions,,2011,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Eliza Mik,"Abstract This paper points out some unexpected relationships between specific aspects of contract law and specific Internet-related technologies. The discussion is not about the interplay between “Law” and “Technology,” or the “Law” and the “Internet.” The aim is modest: to identify some theoretical chokepoints created by the technologies involved in web-based commerce and to point out the legal uncertainties persisting in this area. The analysis is confined to the process of contract formation, not to matters of substantive law. It is during this process that parties assume their contractual obligations and the contents of a contract crystallize.",27,4,368,376,Web application; World Wide Web; Business; Law and economics; Point (typography); Substantive law; Hyperlink; Process (engineering); Legal aspects of computing,,,,,https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3008&context=sol_research https://ink.library.smu.edu.sg/sol_research/1056/ https://works.bepress.com/elizamik/17/ https://works.bepress.com/elizamik/17/download/ https://core.ac.uk/display/13243869 https://www.sciencedirect.com/science/article/abs/pii/S0267364911000884 https://dblp.uni-trier.de/db/journals/clsr/clsr27.html#Mik11 https://core.ac.uk/download/13243869.pdf,http://dx.doi.org/10.1016/j.clsr.2011.05.006,,10.1016/j.clsr.2011.05.006,2083804769,,0,,2,true,cc-by-nc-nd,green
028-945-973-440-299,The advantages and disadvantages of arbitration in relation to the regular courts in Kosovo,,2018,journal article,Hungarian Journal of Legal Studies,24985473; 25601067,Akademiai Kiado Zrt.,,Valbon Mulaj,"The purpose of this article is to identify advantages and disadvantages of arbitration in relation with regular courts in the Republic of Kosovo, in both the national and international aspect. In g...",59,1,118,133,The Republic; Arbitration; Political science; Law; Relation (history of concept),,,,,https://akademiai.com/doi/abs/10.1556/2052.2018.59.1.7 https://akjournals.com/view/journals/2052/59/1/article-p118.xml http://real.mtak.hu/88536/ https://core.ac.uk/download/163102202.pdf,http://dx.doi.org/10.1556/2052.2018.59.1.7,,10.1556/2052.2018.59.1.7,2901591984,,0,,0,true,,green
029-135-338-386-571,Making Markets Work in the Public Interest: Combating Hazardous Alcohol Consumption through Minimum Pricing Rules in Scotland,2017-01-01,2017,journal article,Yearbook of European Law,02633264; 20450044,Oxford University Press (OUP),,Arianna Andreangeli,,36,,522,552,,,,,,https://core.ac.uk/download/224803955.pdf,http://dx.doi.org/10.1093/yel/yex004,,10.1093/yel/yex004,,,0,,0,true,,green
029-412-176-085-030,E-Commerce: The Dark Side: The Price of Admission,,2001,journal article,Network Security,13534858,Mark Allen Group,Netherlands,Bill Boni,"As regular readers of this column will know, the author has long had a concern - captured in his first book, published two years ago - that global law enforcement agencies were not moving fast enough to prepare for and respond to the type of sophisticated cybercriminals likely to be on us. The clock has continued to tick and it may be that we are about to enter the dark night of opportunity for cybercriminals.",2001,7,18,19,Column (database); Business; Law enforcement; Computer security; E-commerce; Great Rift,,,,,https://www.sciencedirect.com/science/article/pii/S1353485801007206,http://dx.doi.org/10.1016/s1353-4858(01)00720-6,,10.1016/s1353-4858(01)00720-6,2013309694,,0,,0,false,,
029-583-060-509-424,Sugar coated bullets: Corruption and the new economic order in China,,1989,journal article,Contemporary Crises,03781100; 15730751,Springer Science and Business Media LLC,Netherlands,Mark Findlay; Thomas Chiu Chor-Wing,"The recent political debate concerning the influence of corruption on the “new economic order” in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.",13,2,145,161,Political economy; Business; Government; Means of production; China; Corruption; Order (business); Political agenda; Political corruption; Economic system; Politics,,,,,https://ink.library.smu.edu.sg/sol_research/2052/ https://link.springer.com/content/pdf/10.1007/BF00729634.pdf https://link.springer.com/article/10.1007/BF00729634 https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=4004&context=sol_research https://core.ac.uk/download/111757399.pdf,http://dx.doi.org/10.1007/bf00729634,,10.1007/bf00729634,1993308186,,0,,6,true,cc-by-nc-nd,green
029-725-179-770-217,The constitutional principle of uniform economic area and centralization of public finance in the Russian Federation: analysis of the Russian Federation Constitutional Court’s Rulings,2019-12-15,2019,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Elena Ryabova,"The paper is devoted to the issue of centralization in public finance in Russia, and highlights one of the problems of interpretation of the Russian Constitution clauses. The Rulings of the Russian Federation Constitutional Court from the period 1997–2006 created legal grounds for the process of centralization and reduction of the regional powers regarding budgeting and taxation. But all arguments of the Court are debatable. Wherein, the centralization is justified by the constitutional principle of uniform economic area. The author argues that the Russian Constitution does not have clauses establishing the uniform budget and tax systems directly, and any model of intergovernmental relations might comply with the Russian Constitution. Uniformity of economic area does not imply uniformity in taxation and budgeting in the sense of sameness. Study of foreign practices shows different approaches to the understanding of uniformity in economy, and in taxation and budgeting. The contemporary Russian public finance law is formed under the influence of the Constitutional Court’s legal positions, and the process of centralization is still evolving. The Russian history of intergovernmental relations (1991–1997) shows another model of fiscal federalism – the decentralized federalism. Replacement of the fiscal federalism models is determined by the political considerations, not by constitutional requirements.",7,4,151,175,Fiscal federalism; Political science; Public finance; Law and economics; Law; Constitution; Constitutional court; Interpretation (philosophy); Federalism; Tax law; Politics,,,,,https://www.russianlawjournal.org/jour/article/view/866 https://www.russianlawjournal.org/jour/article/download/866/253 https://publications.hse.ru/en/articles/249812193 https://core.ac.uk/download/pdf/270176718.pdf,http://dx.doi.org/10.17589/2309-8678-2019-7-4-151-175,,10.17589/2309-8678-2019-7-4-151-175,2996281868,,0,194-353-848-660-399,2,true,cc-by-nc-nd,gold
029-778-708-176-803,Assessing Jurisdiction in Electronic-Commerce Disputes Resolution: A Review of the Legal Practice in the United State,,2019,journal article,"Journal of Law, Policy and Globalization",22243240,,,Palmer Prince Dagadu; Rita Mawufemor Tsorme,"The worldwide and decentralized characteristics of the internet and the open manner at which it operates gives E-commerce a global element which brings about the all-important question of which court has the jurisdiction to resolve disputes in E-commerce transactions. The sharing of state’s jurisdiction with regard to international commercial contracts has been on the use of contact factors generally of a territorial nature. The exclusive nature of the internet as a modern phenomenon sometimes makes it difficult to apply these rules. This may make them not legally binding or lead to results that are not favorable or totally alien to the contracting parties and the subject matter of the cases. This study critically examines and review the current legal administrative approach of the United State with regard to assessing jurisdiction in E-commerce disputes resolution. It also analyzes the defects of the legal practice in the US and the postulation of new ideas in assessing and enforcing jurisdiction in E-commerce disputes resolution. Keywords: Electronic Commerce, Assessing Jurisdiction, Disputes Resolution, the US. DOI : 10.7176/JLPG/83-13 Publication date :March 31 st 2019",83,,93,98,The Internet; Resolution (logic); Business; Law and economics; State (polity); Jurisdiction; Subject matter; Phenomenon; Legal practice,,,,,https://www.iiste.org/Journals/index.php/JLPG/article/download/47152/48681 https://www.iiste.org/Journals/index.php/JLPG/article/view/47152/48681,https://www.iiste.org/Journals/index.php/JLPG/article/view/47152/48681,,,2942688874,,0,007-249-231-012-227; 024-967-771-464-446; 075-826-080-030-703; 132-563-211-187-625,0,false,,
029-785-282-355-569,Does Securities Regulation Hinder Financing Small Business,,1945,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Gustav B. Margraf,,11,2,301,319,Finance; Business; Small business; Financial system,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2246&context=lcp https://scholarship.law.duke.edu/lcp/vol11/iss2/6/ https://core.ac.uk/download/62557819.pdf,http://dx.doi.org/10.2307/1190143,,10.2307/1190143,1607439541,,0,,0,true,,green
029-947-785-281-783,Electronic Signature Incentive for EU Integration,2015-11-01,2015,journal article,Mediterranean Journal of Social Sciences,20399340; 20392117,Richtmann Publishing,Italy,Dorina Asllani Ndreka,"People who do business on the Internet require security and trust. In electronic commerce and communication, you cannot be sure regarding the identity of the person with whom you are speaking. The legal framework regarding electronic commerce has created in Albania the premises for a real revolution, regarding the way in which the business is organized. The problem is that this revolution has yet to come. The focus of this article will be the electronic signature, one, of the most important innovations regarding the electronic commerce. The electronic signatures are electronic data, attained through specific informatics procedures that are used for security and trust in electronic business and communications. This article deals with the legal importance of signed documents and the debate regarding the relevance of the electronic signature, with a specific focus on the law and its practical application. The law recognizes three kinds of e-signatures: the simple electronic signature, the advanced electronic signature, and the qualified electronic signature, but only the last one is regulated by the law. Considering the electronic signature a very effective tool in the improvement of electronic commerce in Albania, being reflected in a more opened and developed market, the article makes recommendations regarding the best practical uses of e-signature in public and private sector, in order to help Albania for the EU integration. DOI: 10.5901/mjss.2015.v6n6p121",6,6,121,,The Internet; Private sector; Business; Relevance (law); Electronic signature; Order (business); Incentive; Electronic data; Computer security; Electronic business,,,,,https://www.mcser.org/journal/index.php/mjss/article/download/7921/7586 https://www.mcser.org/journal/index.php/mjss/article/view/7921 https://core.ac.uk/download/pdf/228544980.pdf,http://dx.doi.org/10.5901/mjss.2015.v6n6p121,,10.5901/mjss.2015.v6n6p121,1866987889,,0,013-211-351-846-713; 087-390-411-436-662; 141-071-818-590-467; 162-906-078-961-529,0,true,cc-by,hybrid
030-209-114-767-994,The Politics of Basing Point Legislation,,1950,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Earl Latham,"The Cement case of I948 was decided in April of that year.1 It outlawed a more or less obvious form of price fixing by conspiracy to use a basing point system in forbidden ways. The case aroused an immediate controversy and a din of conflicting counsels was raised. Few cared or dared to attack the principal holding directly. Many said they saw in dicta a covert menace to free and independent enterprise. It was asserted that the law now required all sellers to quote prices f.o.b. mill, and that it inhibited every enterpriser from ever meeting the lower price of a competitor. By December, 1948, a former chairman of the Federal Trade Commission was moved to say of this view, that he had to agree with Mr. Bumble: ""If the law supposes that, the law is a ass, a idiot.""2 This essay concerns itself with the drive to have Congress take legislative action to ""clarify"" the law which was assumedly made unclear by the Cement case of I948. The movement began with the creation of the Capehart Committee in the closing months of the Second Session of the Eightieth Congress, and ended in stalemate (perhaps only temporary) in the closing days of the First Session of the Eightyfirst Congress. The sequence of events provides an excellent case study of the way in which public policy was formulated in a controversial and technical field where strong and weighty interests have vested.",15,2,272,310,Stalemate; Mill; Political science; Law; Commission; Legislation; Price fixing; Principal (commercial law); Legislature; Politics,,,,,https://www.jstor.org/stable/1189851 https://scholarship.law.duke.edu/lcp/vol15/iss2/7/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2446&context=lcp https://core.ac.uk/download/62557427.pdf,http://dx.doi.org/10.2307/1189851,,10.2307/1189851,1599069053,,0,,1,true,,green
030-275-401-959-118,E: Commerce: The dark side: The US Mob Gets Savvy to Cyber Crime,,2000,journal article,Network Security,13534858,Mark Allen Group,Netherlands,Bill Boni,"We have what appears to be a watershed event in the evolution of organized criminal exploitation of the global Internet. On 14 June 2000 in the USA law enforcement agents arrested over 120 people in the USA and accused them of many offences including using the Internet to commit securities fraud. The criminal indictments announced by the US Attorney and the FBI name 11 members and associates of all five major New York area organized crime families in connection with multiple securities fraud scams. These individuals are charged with participating in numerous manipulations of microcap stocks, extortion, money laundering, bribery and kickbacks, witness tampering, and even solicitation to commit murder!",2000,8,17,18,The Internet; Business; Commit; Organised crime; Securities fraud; Witness; Extortion; Money laundering; Law enforcement; Computer security; Criminology,,,,,https://www.sciencedirect.com/science/article/pii/S135348580008020X,http://dx.doi.org/10.1016/s1353-4858(00)08020-x,,10.1016/s1353-4858(00)08020-x,2006139630,,0,,0,false,,
030-277-584-849-788,Specific Enforcement of Arbitration Contracts,,1934,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Sidney P. Simpson,"specifically if a contract between the parties in the same terms as the award would be specifically enforceable.4 Thus, an award requiring the conveyance of land will be specifically enforced,5 while one which calls merely for the payment of money will not be, because the remedy at law is adequate.6 In a suit in equity to enforce an award, discretionary defenses such as mistake,7 hardship,8 or lack of mutuality of performance 9 are available to the",83,2,160,,Business; Payment; Arbitration; Compulsory arbitration; Law and economics; Equity (law); Enforcement,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol83/iss2/4/ https://www.jstor.org/stable/3308191 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8695&context=penn_law_review https://core.ac.uk/download/151690083.pdf,http://dx.doi.org/10.2307/3308191,,10.2307/3308191,797803745,,0,,1,true,,green
030-283-901-434-828,Penalty Clauses and the CISG,2012-06-04,2012,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Jack Graves,"Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the former, while invalidating the latter as a penalty. The UN Convention on Contracts for the International Sale of Goods (CISG) does not directly address the payment of “fixed sums” as damages, and the validity of “penalty” clauses has, traditionally, been relegated to otherwise applicable domestic national law under CISG Article 4. This traditional orthodoxy has recently been challenged—suggesting that the fate of a penalty clause should be determined by reference to the general principles of the CISG and that such a clause should generally be enforced. The validity of fixed sums, as penalties, is currently under consideration by the CISG Advisory Council, so further exploration of the issue would seem particularly timely. This article examines the basis for the traditional view, along with two distinct challenges to that view—ultimately concluding that these challenges fail to support their respective solutions to the issue and suggesting the continuing vitality of the traditional view.",30,2,153,,Business; Payment; Accounts payable; Common law; Law and economics; Liquidated damages; Damages; Orthodoxy; Civil law (common law); Punitive damages,,,,,https://doi.org/10.5195/JLC.2012.2 https://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1635&context=scholarlyworks http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1476&context=scholarlyworks http://jlc.law.pitt.edu/ojs/jlc/article/view/2 https://works.bepress.com/cgi/viewcontent.cgi?article=1007&context=jack_graves http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/2/2 https://works.bepress.com/jack_graves/8/download/ https://works.bepress.com/jack_graves/8/ https://core.ac.uk/download/pdf/296521676.pdf,http://dx.doi.org/10.5195/jlc.2012.2,,10.5195/jlc.2012.2,3123144103,,0,054-577-491-344-68X,4,true,cc-by-nc-nd,hybrid
030-399-579-246-515,"""But whoever treasures freedom..."": the right to travel and extraterritorial abortions.",,1993,journal article,Michigan law review,00262234,Michigan Law Review Association,United States,Seth F. Kreimer,"My thinking on the subject of extraterritorial regulation of abortions was sparked originally by two events that occurred about a year ago. The first was the Supreme Court's grant of certiorari1 in Planned Parenthood v. Casey, 2 to address the question of whether Roe v. Wade3 remained the law of the land. At the time, the betting was that, with the substitutions of Justice Thomas for Justice Marshall and Justice Souter for Justice Brennan, the Court would answer ""no""; abortion would be remitted entirely to the political process. The expected green light created the risk of a checkerboard of abortion rights, with some states dedicated to the total elimination of abortion and others equally committed to the protection of reproductive autonomy, either as a matter of statute or of state constitutional law. This result appeared likely to reinstate the pattern that existed in the years immediately before Roe, under which more than forty percent of abortions were performed for women outside of their home states. Women with resources traveled from restrictive states to more liberal ones to obtain abortions.",91,5,907,938,Law of the land; Comparative law; Common law; Statute; Political science; Public law; Constitutional law; Law; Supreme court; Abortion,Genetics and Reproduction; Legal Approach,"Abortion, Induced; Civil Rights; Criminal Law; Federal Government; Government; Government Regulation; Humans; Jurisprudence; Morals; Political Systems; Pregnancy; Pregnant Women; Public Policy; Social Control, Formal; Social Justice; State Government; Supreme Court Decisions; Travel; United States",,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2177&context=faculty_scholarship https://www.jstor.org/stable/1289676 https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2406&context=mlr https://scholarship.law.upenn.edu/faculty_scholarship/1178/ https://www.ncbi.nlm.nih.gov/pubmed/11656299 https://repository.law.umich.edu/mlr/vol91/iss5/3/ https://core.ac.uk/download/151693767.pdf,http://dx.doi.org/10.2307/1289676,11656299,10.2307/1289676,336671302,,0,,4,true,,green
030-509-403-538-914,Taxation of Interstate Motor Commerce. Federal Occupation of the Field,,1951,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Joseph P. Flanagan join(,,100,1,71,,Regional science; Political science; Field (Bourdieu),,,,,https://core.ac.uk/display/151689769 https://core.ac.uk/download/151689769.pdf,http://dx.doi.org/10.2307/3309885,,10.2307/3309885,2797621031,,0,,1,true,,
030-525-006-520-286,Transfer Pricing for Intangibles: Problems and Solutions from Colombian Perspective,2016-06-30,2016,journal article,Revista de Derecho Fiscal,23462434; 16926722,Universidad Externado de Colombia,,Juan Carlos Díaz García,"This article assesses that tax administrations- likewise the Colombian tax authorityhas been facing difficulties to audit transfer pricing transactions with intangibles, because the current transfer pricing rules are not adapted to the new digital economy or e-commerce cross borders transactions. Therefore, the mnes take advantage of the flexibility of the transfer pricing rules reducing their tax liability by income shifting using intangibles. The article analyzes the income shifting practices using intangibles, and the reasons why the arm’s length standard does not work well at all and cannot avoid appropriately mnes’ income shifting and base erosion.",,8,103,123,Business; Work (electrical); Audit; Digital economy; Perspective (graphical); Transfer pricing; Liability; Flexibility (engineering); Industrial organization,,,,,https://revistas.uexternado.edu.co/index.php/fiscal/article/download/4569/5250 https://core.ac.uk/display/153292476 https://revistas.uexternado.edu.co/index.php/fiscal/article/view/4569 https://core.ac.uk/download/pdf/230114289.pdf,http://dx.doi.org/10.18601/16926722.n8.08,,10.18601/16926722.n8.08,2475081639,,0,061-614-733-730-836; 106-537-536-209-368,1,true,cc-by-nc-sa,gold
030-649-717-288-502,The Federal Food Legislation of 1938 and the Food Industry,,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert W. Austin,"Between the enactment of the original Federal Food and Drugs Act of I9o6' and the passage of the Federal Food, Drug, and Cosmetic Act of I938,2 amendments to the i906 Act were few and far between. While developments in the law came slowly in that period of thirty-two years, the development of the industries affected by the statute was tremendous. The proprietary drug business had expanded beyond belief; the distribution of foodstuffs changed from a general practice of selling foods in bulk to the point where packaged foods had become the rule on shelves of retail grocers. Not only had the food and drug industries expanded and their methods changed, but the making and selling of cosmetics had become an entirely new industry. In addition to the above mentioned changes in the mechanics of distribution of these products, changes were rapid in the American economic system in the twentyseven years between the passage of the original law and the introduction of the so-called Tugwell Bill in Congress in I933. New technical developments had been attended by new methods of manufacture and distribution of food, drugs and cosmetics. New products were introduced, plant capacity increased, and competition became more difficult to control with the increase of mass production, speedy distribution and the growth of the chain store. The Department of Agriculture, and particularly the Food and Drug Administration thereof, which was charged with the enforcement of the Federal Food and Drugs Act of I906, found itself handicapped not only by the lack of adequate funds to provide for the sinews of war against illegal abuses, but by the fact that the weapon which had been given to it in i906 to prosecute that war was becoming more and more obsolete as the industries affected progressed both in the production and distribution of their products. 'For years the Food and Drug Administration hoped to remedy the legal defects and administrative difficulties inherent in the old law. It was not until the advent of increased interest in the problems of the consumer, which is so definite a part of the",6,1,129,143,Agriculture; Business; Marketing; Statute; Legislation; Cosmetics; Enforcement; Competition (economics); Food industry; Food safety; Commerce,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1942&context=lcp https://scholarship.law.duke.edu/lcp/vol6/iss1/7/ https://core.ac.uk/display/62558456 https://www.jstor.org/stable/1189732 https://core.ac.uk/download/62558456.pdf,http://dx.doi.org/10.2307/1189732,,10.2307/1189732,1594616274,,0,,0,true,,green
030-651-252-733-751,The Constitutional Rights to Trial by Jury and Administrative Imposition of Money Penalties,1976-09-01,1976,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Steven R. Gilford,,25,4,723,769,Political science; Law; Jury,,,,,https://scholarship.law.duke.edu/dlj/vol25/iss4/3/ https://core.ac.uk/display/62550720 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2588&context=dlj https://core.ac.uk/download/62550720.pdf,https://scholarship.law.duke.edu/dlj/vol25/iss4/3/,,,1595539863,,0,,0,true,,
030-806-380-047-178,Warranties and Disclaimers in the Electronic Age,2008-07-29,2008,journal article,Yale Journal of Law and Technology,,,,Robert A. Hillman; Ibrahim Barakat,"ABSTRACT This article reports on software-licensor express warranty and disclaimer practices on the Internet. Our data show that virtually all of the websites and End User License Agreements (EULAs) we sampled include express warranties on the website and disclaimers of the warranties in the EULAs that may erase all or much of the quality protection. Next, the article reviews the reasons why consumers generally do not read their e-standard forms despite the prevalence of disclaimers and other adverse terms. We then argue that e-commerce exacerbates the problem of warranties and disclaimers and that lawmakers should address this issue. We contend that improved disclosure of disclaimers, including making them easily accessible on a website prior to any particular transaction and possibly even the subject of a pop-up window during a transaction, is the best of various imperfect solutions to the problem. Disclosure is inexpensive and, at minimum, creates the potential for more legitimate consumer assent to e-standard forms, including assent to disclaimers of warranty. Even if in the short term consumers do not read their forms, perhaps consumers will eventually learn of misleading warranties and disclaimers because the Internet creates communication possibilities and research tools unavailable to disgruntled purchasers in the paper world. The prospect of the word getting out that a licensor does not intend to stand behind its promises and representations may be sufficient to curtail the practice of misleading warranties and disclaimers. TABLE OF CONTENTS Introduction I. The Data II. The e-Standard Form Environment III. The Parol Evidence Rule in the Electronic Age IV. Enforcement of e-Disclaimers Conclusion Appendix 1 INTRODUCTION A software licensor expressly warrants the quality of its software on its website. A consumer reads the warranty and decides to acquire the software. (1) The consumer has no opportunity to inspect or test the software and therefore relies on the licensor's quality representations. For a host of reasons, both rational and irrational, the consumer fails to read the electronic standard form record (e-standard form) that governs the transaction, (2) no less negotiate with anyone, before clicking ""I agree"" to the license. (3) The e-standard form includes a disclaimer (e-disclaimer) of all express (and implied) warranties and a full integration clause. (4) If the consumer attempts to avail himself of an express warranty when something goes wrong with the product, the licensor can point to the e-disclaimer and integration clauses and claim that evidence of the express warranty is inadmissible under contract law's parol evidence rule. Even if the evidence is admissible, the licensor can claim that the e-disclaimer supersedes any quality representations or promises. Lawmakers should focus on this scenario because this manner of presenting express warranties and disclaimers online is remarkably widespread and potentially problematic. Part I of this article presents empirical evidence of just how prominent the strategy is. In a sample of fifty-four software titles culled from the top one hundred best-selling software products in which the licensor made its End User License Agreement (EULA) available on its website without a purchase, fifty-three contain express warranties on the website and e-disclaimers in the EULAs that may erase all or much of this quality protection. (5) Of course, the problem of express warranties and disclaimers is not limited to e-commerce and is, in fact, common in the paper world too. But the online world magnifies the problem and presents new challenges for contract law. In this article, we analyze if and when express warranties on a licensor's website should trump e-disclaimers of those express warranties in the EULAs. An important goal of contract law is to enforce a party's manifestation of assent to a contract made with full access to all pertinent information and with time to contemplate the terms. …",11,1,1,,Parol evidence rule; Internet privacy; Business; Disclaimer; Warranty; Quality (business); Enforcement; License; Database transaction; End user,,,,,https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1045&context=yjolt https://scholarship.law.cornell.edu/facpub/19/ https://www.questia.com/library/journal/1G1-202802338/warranties-and-disclaimers-in-the-electronic-age https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1018&context=facpub https://digitalcommons.law.yale.edu/yjolt/vol11/iss1/1/,https://scholarship.law.cornell.edu/facpub/19/,,,3122521280,,0,,4,false,,
030-840-423-020-207,"When the Supreme Court Restricts Constitutional Rights, Can Congress Save Us An Examination of Section 5 of the Fourteenth Amendment",,1993,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Matt Pawa,,141,3,1029,,Substantive due process; Political science; Law; Supreme court; Section (typography),,,,,https://scholarship.law.upenn.edu/penn_law_review/vol141/iss3/5/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3648&context=penn_law_review https://core.ac.uk/display/151686392 https://core.ac.uk/download/151686392.pdf,http://dx.doi.org/10.2307/3312448,,10.2307/3312448,1500354215,,0,,4,true,,green
030-985-106-791-718,Recent Developments In Selected Asian Countries Bankruptcy Laws: Should Multinational Company Strategists Be Concerned?,2011-02-17,2011,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Jane LeMaster; Clara Downey; Francis J. Brewerton,"This paper explains why multinational companies should be concerned about adjudication of international insolvencies. The Territorialism and Universalism Models of bankruptcy law are reviewed and employed as a backdrop to describe recent developments in the insolvency laws of four Asian nations. We conclude with an assessment of the status of the selected Asian nations insolvency laws, progress toward a uniform global system for resolving multinational insolvencies, and the strategic implications these developments hold for strategy formulation.",6,10,,,International trade; Multinational corporation; Political science; Law; Adjudication; Universalism; Global system; Asian country; Insolvency; Bankruptcy,,,,,https://scholarworks.utrgv.edu/cgi/viewcontent.cgi?article=1003&context=ibe_fac https://scholarworks.utrgv.edu/ibe_fac/4/ https://core.ac.uk/download/pdf/268106858.pdf,http://dx.doi.org/10.19030/iber.v6i10.3414,,10.19030/iber.v6i10.3414,2187464873,,0,001-426-234-697-221; 002-622-613-677-217; 028-995-465-228-414; 043-127-072-628-488; 066-730-876-624-213; 146-520-495-254-612,2,true,cc-by,green
031-093-333-155-941,The Commerce Power as a Source of Law: An Interstate Commerce Burden on Environment Law?,2015-01-30,2015,journal article,Cadernos do Programa de Pós-Graduação em Direito – PPGDir./UFRGS,23178558; 16785029,Universidade Federal do Rio Grande do Sul,,Miguel Augustin Kreling,,3,6,,,Sources of law; Political science; Law and economics; Power (social and political); Public administration,,,,,https://seer.ufrgs.br/ppgdir/article/download/53113/32888 https://seer.ufrgs.br/ppgdir/article/view/53113/32888 https://core.ac.uk/download/303988125.pdf,http://dx.doi.org/10.22456/2317-8558.53113,,10.22456/2317-8558.53113,2285318410,,0,,0,true,cc-by-nc,gold
031-117-141-412-812,Dickens Redux: How American Child Labor Law Became a Con Game,,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Seymour Moskowitz,"Millions of American teens are employed today in a variety of workplaces. The jobs they hold typically provide little human capital for their future economic self-sufficiency and pose substantial immediate and long-term safety, academic, and behavioral risks for this generation. This Article seeks to answer the question of how American law and society reached this situation, which has disastrous effects for working youth, their families, and society as a whole. Three main themes are developed. First, child labor has always been part of the American economy, from colonial times until today. While there has been more than 150 years of effort to curtail youth employment, this movement has been generally unsuccessful at both federal and state levels. Second, the federal courts, and particularly the United States Supreme Court, defeated repeated statutory attempts to restrict child labor. This judicial activism is demonstrated by the previously untold factual and legal history of several cases, especially the decision in Hammer v. Dagenhart. Finally, with Locknerism demolished by the Great Depression of the 1930s, the passage of the Fair Labor Standards Act of 1938 was to be the death knell for child labor. This victory was, in fact, pyrrhic. The weaknesses of the FLSA resulted in the continuation of youth employment. These statutory deficiencies were the outcome of a toxic combination of factors: profits from cheap labor, entrenched and powerful economic interests, and racism.",,,,,Labour law; The labor problem; Political science; Law; Supreme court; Industrial relations; United States labor law; Labor history; Labor relations; Judicial activism,,,,,https://ssrn.com/abstract=1586042 https://works.bepress.com/seymour_moskowitz/9/ https://scholar.valpo.edu/law_fac_pubs/112/ https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1587009_code754113.pdf?abstractid=1586042&mirid=1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1586042 https://core.ac.uk/display/144550652 https://core.ac.uk/download/pdf/144550652.pdf,http://dx.doi.org/10.2139/ssrn.1586042,,10.2139/ssrn.1586042,1538628246,,0,002-084-844-524-845; 008-225-603-165-102; 013-854-592-997-95X; 023-097-264-130-422; 023-941-688-938-207; 024-860-435-765-91X; 030-547-509-933-565; 039-839-550-113-464; 045-518-968-211-539; 049-703-782-482-71X; 060-959-865-719-660; 079-179-886-522-894; 085-580-180-763-248; 094-344-215-917-780; 155-635-539-787-995; 177-462-661-043-063; 177-473-056-853-184,1,true,,green
031-172-454-970-075,"""The Common Law is … not what it used to be""*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1)",2018-12-13,2018,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Andre M. Louw,"This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an ""implied duty of fair dealing"" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract. Keywords: Common-law employment contract; labour legislation; good faith; fairness; implied duty of trust and confidence; implied duty of fair dealing; constitutional development of the common law; right to fair labour practices; breach of the employment contract.",21,1,1,25,Economics; Common law; Law; Employment contract; Legislation; Supreme court; Appeal; Duty; Context (language use); Fair dealing,,,,,https://www.ajol.info/index.php/pelj/article/download/183363/172727 https://perjournal.co.za/article/download/5129/7397 https://repository.nwu.ac.za/handle/10394/32450 https://scholar.sun.ac.za/handle/10019.1/106744 https://perjournal.co.za/article/view/5129 https://www.ajol.info/index.php/pelj/article/view/183363 https://www.africaneditors.org/journal/PELJ/abstract/85214-94884 https://core.ac.uk/download/237127086.pdf,http://dx.doi.org/10.17159/1727-3781/2018/v21i0a5129,,10.17159/1727-3781/2018/v21i0a5129,2916099949,,0,001-726-333-127-587; 001-885-171-228-673; 007-829-377-314-405; 016-380-774-976-524; 021-828-235-789-475; 029-078-233-168-932; 040-275-386-307-754; 044-527-833-550-734; 045-681-066-270-425; 049-743-619-645-706; 055-760-818-670-041; 060-778-318-500-085; 061-854-397-240-207; 076-486-799-379-189; 078-695-528-245-350; 082-194-083-513-015; 083-277-534-285-964; 085-304-630-825-485; 088-331-501-918-063; 096-410-090-716-322; 100-767-382-538-470; 129-611-767-999-659; 129-751-683-605-91X; 135-609-483-116-804; 139-228-978-615-396; 152-301-166-450-791; 175-751-166-059-576; 182-768-251-416-106,0,true,cc-by,gold
031-270-303-738-307,PENERAPAN PRINSIP UNCITRAL MODEL LAW DALAM PEMBUKTIAN KASUS TRANSAKSI ELEKTRONIK DI INDONESIA,2017-04-22,2017,journal article,University Of Bengkulu Law Journal,25287656; 25411926,UNIB Press,,Asep Ahmad Fauji,"Pemanfaatan teknologi  informasi  tidak  lagi  dapat  dilakukan melalui sistem hukum konvensional, mengingat kegiatannya tidak lagi bisa dibatasi oleh teritorial suatu Negara. Persoalan yang lebih luas juga terjadi untuk masalah-masalah keperdataan, karena saat ini transaksi e-commerce telah menjadi bagian dari perniagaan nasional dan internasional. Pelanggaran hukum dengan instrumen teknologi informasi seringkali sulit dipecahkan. Tulisan ini akan membahas terkait dengan perapan prinsip UNCITRAL Model Law dalam pembuktian kasus transaksi elektronik di Indonesia dan persyaratan hukum terhadap data elektronik sebagai bentuk pembuktian kasus transaksi elektronik di Indonesia. Kesimpulan yang didapatkan yakni Indonesia telah menerapkan prinsip UNCITRAL Model Law dalam Pembuktian Kasus Transaksi Elektronik dengan pendekatan yang secara fugsinya sama dan pendekatan kenetralan suatu teknologi. Penyelesaian kasus e-commerce di Indonesia harus memenuhi persyaratan hukum terhadap data elektronik sebagai bentuk pembuktian kasus transaksi elektronik dengan mengandung unsur tertulis, syarat adanya tanda tangan, dan juga keaslian.",2,1,90,102,,,,,,https://ejournal.unib.ac.id/index.php/ubelaj/article/download/8013/4121 https://ejournal.unib.ac.id/index.php/ubelaj/article/view/8013 https://core.ac.uk/download/pdf/228580402.pdf,http://dx.doi.org/10.33369/ubelaj.2.1.90-102,,10.33369/ubelaj.2.1.90-102,2961642930,,0,,0,true,cc-by-sa,hybrid
031-288-632-330-068,Building an e-Commerce Infrastructure in Jordan: Challenges and Requirements,2010-09-29,2010,journal article,International Journal of Interactive Mobile Technologies (iJIM),18657923,International Association of Online Engineering (IAOE),Germany,Muhannad Al-Shboul; Izzat Alsmadi,"Many countries around the world are trying to build and enhance their internet infrastructure and utilize services related to the Internet such as e-Commerce, information connectivity, accessibility, etc. However, studies indicated that network and hardware requirements are not always the major barrier for progressing in these goals. In some cases, cultural, legal or environmental factor may dominate the type of barriers for the expansion of internet related service in many countries around the world. This paper presents challenges and requirements for the enhancement of e-Commerce services in particular for Jordan.",4,4,18,24,The Internet; Business; Public key certificate; Network security; Service (business); Computer security; Electronic business; Public key infrastructure; Telecommunications; E-commerce; Certificate authority,,,,,https://www.online-journals.org/index.php/i-jim/article/view/1425 https://core.ac.uk/display/25862742 https://doaj.org/article/e639b0616a124d3b835b5fe12d1b5b8a https://dblp.uni-trier.de/db/journals/ijim/ijim4.html#Al-ShboulA10 https://core.ac.uk/download/pdf/270196610.pdf,http://dx.doi.org/10.3991/ijim.v4i4.1425,,10.3991/ijim.v4i4.1425,2007121879,,0,,2,true,cc-by,gold
031-332-586-796-355,Municipal Legislative Barriers to a Free Market,,1941,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,John A. McIntire; Charles S. Rhyne,,8,2,359,375,Economic policy; Business; Free market; Legislature,,,,,https://scholarship.law.duke.edu/lcp/vol8/iss2/12/ https://core.ac.uk/display/62558187 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2079&context=lcp https://core.ac.uk/download/62558187.pdf,http://dx.doi.org/10.2307/1189677,,10.2307/1189677,13331395,,0,,10,true,,green
031-493-989-197-047,"Antitrust Law Enforcement, Past and Future",,1940,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Thurman W. Arnold,"No government policy has received such long and unquestioned public acceptance as that expressed by the Sherman Antitrust Act. The domination of markets by small groups and the concentration of wealth and power in a few have been a matter of continuing public concern for over half a century. However, in spite of a governmental dogma officially dedicated to the economic independence of individuals, the growth of great organizations in America has been amazing. The Internal Revenue statistics for I935 show that over 50% of all net corporate incomes is earned by less than one tenth of i% of the corporations reporting, and 84% of the aggregate corporate net profits is earned by less than 4% of the corporations reporting. We have become a nation of employees. Our private property, our security in our old age and the care of our families when we die usually consist of claims held directly or indirectly against great industrial organizations. An understanding of the antitrust law problem calls first for a brief introductory statement of the basic economic problem to which the antitrust laws are directed. A second section will indicate why antitrust enforcement has failed in the past. This will be followed by sections discussing the techniques of effective enforcement; what effective enforcement may achieve, with particular reference to the current building investigation; and the new responsibilities cast on the Antitrust Division of the Department of Justice by the outbreak of war in Europe. In a final section there will be presented a plan of organization which should enable the Division to meet both its war-time and peace-time duties with maximum efficiency.",7,1,5,23,Public policy; Economic Justice; Business; Public law; Economic problem; Law; Private property; Sherman Antitrust Act; Enforcement; Law enforcement,,,,,https://scholarship.law.duke.edu/lcp/vol7/iss1/2/ https://www.jstor.org/stable/1189685 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1991&context=lcp https://core.ac.uk/display/62558337 https://core.ac.uk/download/62558337.pdf,http://dx.doi.org/10.2307/1189685,,10.2307/1189685,1516188535,,0,,4,true,,green
031-750-287-939-493,Antitrust Suits Involving Foreign Commerce: Suggestions for Procedural Reform,,1987,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Erika Nijenhuis,,135,4,1003,,Accounting; Business; Industrial organization,,,,,https://core.ac.uk/display/151686715 https://scholarship.law.upenn.edu/penn_law_review/vol135/iss4/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3958&context=penn_law_review https://core.ac.uk/download/151686715.pdf,http://dx.doi.org/10.2307/3312054,,10.2307/3312054,1101404335,,0,,20,true,,green
031-795-964-713-360,A review of the new jurisdiction rules for electronic consumer contracts within the European Union,2001-02-28,2001,journal article,"Journal of Information, Law and Technology",13614169,,,Lorna E. Gillies,"The Brussels 1 Regulation is a new Community Instrument that is set to replace the Brussels Convention on Jurisdiction and Recognition of Foreign Judgments. The new Regulation was approved by the European Union on 30th November 2000 (Regan, 2000).The approved Regulation has been published in the Official Journal as the 'Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters,'[1]. The new rules of jurisdiction are set to become law throughout Europe from March 2002[2]. The rules of this new Community Instrument have implications for electronic commerce. One of the most contentious and important set of rules to be replaced by the Regulation relate to consumer contracts. In Europe, the new Regulation (hereafter the Brussels 1 Regulation) will create specific rules of jurisdiction for electronic consumer contracts. This review paper considers the new rules provided by the Regulation for electronic consumer contracts conducted over the Internet and suggests what will be their impact. This paper will outline the new Regulation's provisions for electronic consumer contracts in the context of the European Union and the future of international private law and review how they came to be accepted. The provisions were agreed after rejection and amendment of several previous proposals. Whilst the paper is mainly written from the perspective of the United Kingdom, the potential implications of the new Regulation's provisions for businesses and consumers alike both within and outside the European Union will also be considered.",2001,1,,,Alternative dispute resolution; Political science; Law; Jurisdiction; Enforcement; Context (language use); Convention; European union; Conflict of laws; Private law,,,,,https://dblp.uni-trier.de/db/journals/jilt/jilt2001.html#Gillies01 http://repository.essex.ac.uk/15711/ https://strathprints.strath.ac.uk/58081/ https://pureportal.strath.ac.uk/en/publications/a-review-of-the-new-jurisdiction-rules-for-electronic-consumer-co,https://dblp.uni-trier.de/db/journals/jilt/jilt2001.html#Gillies01,,,135921195,,0,,4,false,,
032-284-742-595-348,A Brief Exegesis of the Proposed Copyright Directive,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Sophie Stalla-Bourdillon Stalla-Bourdillon; Eleonora Rosati; Karmen Turk; Christina Angelopoulos; Aleksandra Kuczerawy; Miquel Peguera; Martin Husovec,"The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker’s mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. We concentrate on the third one, carefully examining the text of both the explanatory memorandum and the Directive itself, in an attempt to highlight its shortfalls. We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council. We begin with a brief assessment of the explanatory memorandum and then focus on the articles and recitals of the proposed Copyright Directive. Our conclusions are:1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including Court of Justice of the European Union case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts. 2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect.",,,,,Engineering; Directive on Privacy and Electronic Communications; Law; Copyright Directive; Charter of Fundamental Rights of the European Union; Memorandum; Directive; European union; General Data Protection Regulation; Data Protection Directive,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2875296 https://www.ssrn.com/abstract=2875296 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2899377_code2116830.pdf?abstractid=2875296&mirid=1 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2879019_code2116830.pdf?abstractid=2875296&mirid=1 https://core.ac.uk/download/pdf/84852364.pdf,http://dx.doi.org/10.2139/ssrn.2875296,,10.2139/ssrn.2875296,2557570461,,0,008-412-466-152-324; 041-498-864-877-984; 045-812-454-415-224; 096-089-875-782-145; 107-451-371-431-225,3,true,,green
032-617-406-037-382,Nicotine Sales to Minors: Store-Level Comparison of E-Cigarette Versus Cigarette Violation Rates.,2017-04-01,2017,journal article,Nicotine & tobacco research : official journal of the Society for Research on Nicotine and Tobacco,1469994x; 14622203,Oxford University Press,United Kingdom,Arnold H. Levinson,"Introduction In recent years, e-cigarettes overtook cigarettes as the leading tobacco product used by US adolescents. Most states, as well as federal regulations, have added e-cigarettes to laws prohibiting tobacco products sales to minors. We tested compliance with the newer regulation among Colorado urban retail businesses, speculating that violations might be more common for e-cigarettes than smokable cigarettes. Methods Supervised minors visited a random sample of urban businesses and sequentially attempted to purchase an e-cigarette product and cigarettes. The protocol prescribed that the same minor make both attempts in each business, separated by at least a day to minimize influence of the first result on the second result. Data were collected during May 2014-January 2015. Results Among 238 businesses, more than one-fourth (26.1%; 95% confidence interval (CI), 18.9%-33.2%) sold at least one type of product, and 6.3% (CI, 1.8%-10.8%) sold both types. Violation rates were similar for e-cigarette products and cigarettes (17.6% vs. 14.7%, p = n.s.). Conclusion Enforcement to prevent retail tobacco sales to adolescents should include e-cigarette products. Dual testing of stores indicates that single visits underestimate the problem of underage tobacco sales. Implications Adolescents can buy e-cigarettes from retail stores as easily as they buy cigarettes. Enforcement of tobacco sales laws should include e-cigarettes, and test-retest protocols are needed to estimate the true extent of the problem.",20,2,267,270,Advertising; Business; Nicotine; Enforcement; Tobacco sales; Tobacco sales laws; Tobacco product; Confidence interval; Product (business),,Adolescent; Colorado/epidemiology; Commerce/legislation & jurisprudence; Electronic Nicotine Delivery Systems/statistics & numerical data; Female; Humans; Male; Minors/statistics & numerical data; Random Allocation; Smoking/legislation & jurisprudence; Vaping/epidemiology,,,http://academic.oup.com/ntr/article/20/2/267/3071803 https://www.ncbi.nlm.nih.gov/pubmed/28340195 https://academic.oup.com/ntr/article-abstract/20/2/267/3071803 https://europepmc.org/article/MED/28340195,http://dx.doi.org/10.1093/ntr/ntx065,28340195,10.1093/ntr/ntx065,2749820054,,0,002-972-674-648-014; 009-112-011-792-116; 021-760-039-300-355; 036-758-410-504-515; 046-387-816-476-449; 048-471-353-216-644; 049-675-826-791-86X; 056-993-814-408-779; 059-905-729-617-45X; 064-163-708-985-940; 082-026-468-162-364; 110-011-618-730-753; 112-210-079-337-593; 132-738-537-815-312; 141-313-247-777-939,14,false,,
032-724-835-534-495,Antitrust liability in the context of online platforms. Case comment to the preliminary ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14),,2016,journal article,Yearbook of Antitrust and Regulatory Studies,16899024; 25450115,University of Warsaw,,Bartosz Targański,"<jats:p>In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latter asked whether the mere dispatch of an email relating to the maximum level of rebates may constitute sufficient evidence to establish that its addressees can be found liable for illegal concerted practices within the meaning of Article 101(1) TFEU. The CJ judgment raises novel issues specific to antitrust enforcement in e-commerce in two areas: (i) can users of a third party online booking platform be found liable for an anti-competitive practice purely on the basis of receiving unprompted email messages, even if they were not aware of their content, and (ii) what steps should they take in order to distance themselves from anti-competitive actions in an e-commerce environment.</jats:p>",9,14,293,298,Political science; Law; Justice (ethics); Preliminary ruling; Context (language use); Compliance (psychology); Antitrust Liability; E-commerce,,,,,http://yadda.icm.edu.pl/yadda/element/bwmeta1.element.desklight-9a7c34ec-f463-4537-8f06-cc02d1182b2a http://yadda.icm.edu.pl/yadda/element/bwmeta1.element.desklight-9a7c34ec-f463-4537-8f06-cc02d1182b2a/c/293.pdf,http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.15,,10.7172/1689-9024.yars.2016.9.14.15,2980950423,,0,,1,true,cc-by-nc-nd,gold
032-776-334-207-773,ICT Laws in Nigeria: Planning and Regulating a Societal Journey into the Future,2017-04-21,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Peter Chukwuma Obutte,"This paper examines the laws on Information and Communications Technology in Nigeria, and the institutional regulatory framework for enforcing the relevant laws. It further appraises selected concepts associated with ICT regulation and some contemporary issues as they relate to the challenges of ICT in Nigeria. The paper suggests regulatory benchmarks for the purpose of repositioning the ICT sector and approaches to strengthening the regulation of ICT in Nigeria. The paper concludes with an emphasis on value–added and result–based approach to the Information and Communications Technology regulation process in Nigeria.",17,1,418,451,Business; Law; Institution; Process (engineering); Information and Communications Technology,,,,,https://www.ajol.info/index.php/pelj/article/view/103251 http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812014000100010 https://perjournal.co.za/article/view/2254 https://journals.assaf.org.za/per/article/view/2254 https://journals.assaf.org.za/per/article/download/2254/2050 http://www.scielo.org.za/pdf/pelj/v17n1/11.pdf https://perjournal.co.za/article/download/2254/2050 https://www.mendeley.com/catalogue/db4aa8f4-373d-3248-9b7e-ec2d9e1db1ea/ https://www.ajol.info/index.php/pelj/article/download/103251/93463 https://journals.co.za/content/perblad/17/1/EJC151923 https://dspace.nwu.ac.za/handle/10394/10444 https://repository.nwu.ac.za:443/handle/10394/10444 https://core.ac.uk/download/pdf/231091768.pdf,http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2254,,10.17159/1727-3781/2014/v17i1a2254,2019172739,,0,041-400-103-602-451; 042-904-276-292-223; 047-472-577-789-220; 070-794-449-352-679; 074-103-915-491-255; 082-746-124-337-824; 102-674-814-957-565,0,true,cc-by,gold
032-844-039-902-724,Money Laundering and the Internet: A Challenge for Regulation,2000-01-01,2000,journal article,Journal of Financial Regulation and Compliance,13581988; 17400279,Emerald,United Kingdom,Rob Jones; Kevin Keasey,"This paper examines the potential effects of the Internet and e‐commerce on money laundering activity. Money laundering is a continuing problem both for regulators who are seeking to maintain trust and confidence in the financial system and the investigating authorities who are charged with enforcing the law. There have been a number of developments in recent years both in the detailed regulations and the laws designed to prevent and deter money laundering. There has been an ongoing battle of ideas and innovation between money launderers and the regulators and investigating authorities. To date the authorities have been able to keep up with developments by developing and refining the regulations. With the emergence of the Internet and e‐commerce, however, new opportunities and techniques will be opened up to money launderers. This will present a whole new set of challenges and problems to the authorities. This paper considers these challenges and problems.",8,1,67,77,Finance; The Internet; Economics; Battle; Money laundering; Public relations,,,,,https://www.emerald.com/insight/content/doi/10.1108/eb025031/full/html https://eprints.ncl.ac.uk/31917,http://dx.doi.org/10.1108/eb025031,,10.1108/eb025031,2145599983,,0,028-945-575-736-203; 032-597-234-817-810; 063-804-158-908-561; 071-900-984-056-321; 072-282-183-099-12X; 160-396-806-021-077,0,false,,
032-895-347-164-348,Disrupting a Delicate Balance: The Allied Blockade Policy and the Law of Maritime Neutrality during the Great War,2018-07-23,2018,journal article,European Journal of International Law,09385428; 14643596,Oxford University Press (OUP),United Kingdom,Stephen C. Neff,,29,2,459,475,Political science; Law and economics; Blockade; Neutrality; Balance (metaphysics),,,,,https://www.pure.ed.ac.uk/ws/files/76106690/Neutrality_article_by_S._C._Neff.pdf https://www.research.ed.ac.uk/en/publications/disrupting-a-delicate-balance-the-allied-blockade-policy-and-the- https://academic.oup.com/ejil/article/29/2/459/5057062 https://www.research.ed.ac.uk/portal/en/publications/disrupting-a-delicate-balance(5d6efb6d-58ac-442e-a815-38b1cc91d47d).html https://core.ac.uk/download/224804041.pdf,http://dx.doi.org/10.1093/ejil/chy026,,10.1093/ejil/chy026,2884875000,,0,,1,true,,green
032-983-321-323-750,The Per Se Rule as Applied to Vertical Territorial Restraints: An Improper Standard,1975-09-01,1975,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Eric H. Halvorson,,24,4,935,954,,,,,,https://scholarship.law.duke.edu/dlj/vol24/iss4/5/ https://core.ac.uk/display/62550796 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2545&context=dlj https://core.ac.uk/download/62550796.pdf,https://scholarship.law.duke.edu/dlj/vol24/iss4/5/,,,1550503282,,0,,0,true,,
033-022-778-619-723,The Regulation of Natural Gas,,1954,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Charles E. Crenshaw,,19,3,325,341,Business; Waste management; Natural gas,,,,,https://scholarship.law.duke.edu/lcp/vol19/iss3/2/ https://core.ac.uk/display/62557105 https://core.ac.uk/download/62557105.pdf,http://dx.doi.org/10.2307/1190213,,10.2307/1190213,1510506076,,0,,9,true,,
033-112-701-502-163,"The ""Quality Health Care Coalition Act"": Can Antitrust Law Improve Patient Care?",,2000,journal article,Stanford Law Review,00389765,JSTOR,United States,Micah L. Berman,,53,3,695,,Business; Nursing; Health care; Quality (business); Patient care,,,,,http://dx.doi.org/10.2307/1229471 https://www.questia.com/library/journal/1G1-74513695/the-quality-health-care-coalition-act-can-antitrust https://core.ac.uk/download/161947226.pdf,http://dx.doi.org/10.2307/1229471,,10.2307/1229471,2796041509,,0,,2,true,,green
033-179-726-115-916,"Communications Act Amendments, 1952—An Attempt to Legislate Administrative Fairness",,1957,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ben C. Fisher,,22,4,672,696,Political science; Law,,,,,https://scholarship.law.duke.edu/lcp/vol22/iss4/10/ http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2737&context=lcp https://core.ac.uk/download/62556855.pdf,http://dx.doi.org/10.2307/1190372,,10.2307/1190372,1547301263,,0,,0,true,,green
033-606-707-088-602,Addressing the Tax Challenges of E-commerce Transactions,2020-06-05,2020,journal article,"International Journal of Financial, Accounting, and Management",26563355,Goodwood Publishing,,Susanna Hartanto,"Purpose: This study aimed to explore e-commerce taxation in Indonesia including some factors that were supporting and also challenging the implementation of e-commerce taxation Research Methodology: Interviews were conducted from the side of fiscus (Directorate General of Taxation) and taxpayers in e-commerce industry. Data collection used semi-structured interview, observation, and documentation. Data analysis of this research was using descriptive method. Results: The result of this study proves that taxation in e-commerce industry has not been implemented in a good manner. Socialization to e-commerce taxpayers should be conducted in more structured and comprehensive ways. Limitations: The limitation of this study was the amount of interviewees due to time limitation. In future research, the amount of interviewees can be added and split into four types of e-commerce transactions according to Directorate General of Taxation Circular No 62 Year 2013. ; Contribution: A clear and fair e-commerce tax rules should be prepared in good manner to detect e-commerce transactions by government. Socialization to e-commerce taxpayers should be conducted in more structured and comprehensive ways to collect taxation from e-commerce transactions.",2,1,29,39,Accounting; Data collection; Business; Government; Socialization (Marxism); Research methodology; Documentation; E-commerce,,,,,https://mail.goodwoodpub.com/index.php/ijfam/article/view/162 http://www.repository.wima.ac.id/23560/ https://mail.goodwoodpub.com/index.php/ijfam/article/download/162/48 https://www.neliti.com/publications/330114/addressing-the-tax-challenges-of-e-commerce-transactions https://core.ac.uk/download/334460163.pdf,http://dx.doi.org/10.35912/ijfam.v2i1.162,,10.35912/ijfam.v2i1.162,3045172380,,0,,0,true,cc-by-sa,gold
033-666-415-144-355,Less is More? Protecting Databases in the EU after Ryanair,2016-09-18,2016,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Matěj Myška; Jakub Harašta,"This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.",10,2,170,199,Economic Justice; Common law; Political science; Law; Status quo; Directive; Scope (project management); European union; Legal protection; Subject matter; Database,,,,,https://doi.org/10.5817/MUJLT2016-2-3 https://journals.muni.cz/mujlt/article/download/5180/6032 https://is.muni.cz/publication/1355504/cs/Less-is-More-Protecting-Databases-in-the-EU-after-Ryanair/Myska-Harasta https://journals.muni.cz/mujlt/article/view/5180 https://www.muni.cz/vyzkum/publikace/1355504 https://core.ac.uk/download/79801058.pdf,http://dx.doi.org/10.5817/mujlt2016-2-3,,10.5817/mujlt2016-2-3,2528966316,,0,008-566-374-104-423; 011-679-202-164-875; 013-351-434-292-853; 016-201-688-241-496; 025-629-804-240-276; 029-929-633-189-233; 031-908-373-121-994; 039-201-098-445-397; 042-752-521-207-468; 051-618-679-946-403; 060-989-365-217-290; 066-520-238-272-043; 073-907-806-596-354; 075-323-752-233-454; 110-773-454-929-870; 143-606-894-371-005; 173-707-350-637-486; 186-398-116-236-698,5,true,,gold
033-679-459-465-292,"Electronic Contracts in South Africa - a Comparative Analysis: Lex Informatica Conference, 21st-23rd May 2008 Pretoria, South Africa",,2009,journal article,"Journal of Information, Law and Technology",13614169,,,Sizwe Lindelo Snail,"1. Introduction 1.1. South African Lex Informatica The Lex Informatica or as otherwise referred to as Cyber law is not a traditional source of law but rather a new hybrid-law encompassing various pieces of old and new telecommunications legislation as well as the Common law. One must also note the supremacy of the Constitution. The Constitution of the Republic of South Africa as entrenched in the supremacy clause in section 2 states that, The Constitution is the Supreme Law of the Republic. Law or conduct inconsistent with it is invalid and the obligations imposed by it must be fulfilled (De Waal & Currie, 1998, p 7). It furthermore states that international law must be considered and foreign law may be considered in the interpretation of South African Law. The general principles of the South African Common Law are of importance and are binding--specifically the Law of contract. Since the South African Lex Informatica has emerged as a new discipline in the legal field, one must take cognizance of the fact that interesting and groundbreaking litigation has taken place in South Africa and that a body of South African case law has also been developed (Snail, 2007, p 40). That being said the said body of jurisprudence is not yet as extensive as the legal process requires and therefore one still refers to foreign law and case law studies for guidance, as it is most persuasive. The formation of electronic contracts in this new age of technology and era of globalization, initially caused a world-wide legal uncertainty as to how and whether electronic contracts concluded by electronic means can be recognized as valid and enforceable agreements. In response to this legal gap the United Nations Commission on International Trade Law (UNCITRAL) and governments of various countries called for the drafting of internationally recognized uniform electronic transactions legislation. In 1985 UNCITRAL drafted the Recommendation on the Legal Value of Computer Records which amongst other principles advices that: 'Considering.... that there is no need for a unification of the rules of evidence regarding the use of computer record in international trade, in view of the experience showing that substantial differences in the rules of evidence as they apply to the paper based system of documentation have caused so far noticeable harm to the development of international trade....' 1. Recommends to Governments: '(a) to review the legal rules affecting the use of computer records as evidence in litigation in order to eliminate unnecessary obstacles to their admission, to be assured that the rules are consistent with developments in technology, and to provide appropriate means for a Court to evaluate the credibility of the data contained in those records; (b) to review legal requirements that certain trade transactions or trade related documents be in writing whether the written form is a condition to the enforceability or to the validity of the transaction or document, with a view to permitting, where appropriate, the use of electronic authentication; (c) to review legal requirements of handwritten signature or other paper based method of authentication on trade related documents with view to permitting, where appropriate, the use of electronic means authentication;' In 1996, UNICITRAL drafted the UNICITRAL Model Law on E-Commerce in order to assist countries in drafting and enacting laws to enable electronic contracting. The UNICITRAL Model Law on E-Commerce extends the scope of the legal definitions of terms like 'writing', 'signature' and 'originals' to cover electronic records. This was followed by the UNICITRAL Model Law on Electronic Signatures (which was created to deal with various inconsistencies in the creation and acceptance of electronic signatures). In 2005 the same body drafted The United Nation Convention on the use of Electronic Communications in International Contracts which sought to harmonize the provisions of the two model law to form an international law instrument that could give guidance on electronic cross border contracts. …",2008,2,,,Sociology; Comparative law; Legal profession; Common law; Public law; Law; Legal history; Private law; Commercial law; Municipal law,,,,,https://www.questia.com/library/journal/1G1-197857851/electronic-contracts-in-south-africa-a-comparative,https://www.questia.com/library/journal/1G1-197857851/electronic-contracts-in-south-africa-a-comparative,,,280964566,,0,,0,false,,
033-685-711-243-191,Moving Beyond 'Reasonable': Clarifying the FTC's Use of Its Unfairness Authority in Data Security Enforcement Actions,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Timothy Edward Deal,"Data security breaches, which compromise private consumer information, seem to be an ever-increasing threat. To stem this tide, the Federal Trade Commission (FTC) has been using its authority to enforce the prohibition against unfair business practices under Section 5 of the Federal Trade Commission Act (Section 5) to hold companies accountable when they fail to employ data security measures that could prevent breaches. Specifically, the FTC brings enforcement actions where it finds that companies have failed to implement “reasonable” data security measures. However, companies and scholars argue that the FTC has not provided adequate notice of what data security practices it considers “reasonable” for the purposes of Section 5.This Note first explains and critically analyzes several existing proposals that seek to bring clarity to the FTC’s application of its unfairness authority in the data security context. Then, this Note proposes a novel solution that encourages the FTC to explicitly outline its minimum data security requirements via nonlegislative rulemaking. Additionally, this Note contends that any FTC rulemaking should incorporate a principle of proportionality to ensure that companies know what data security measures they should implement based on the relative sensitivity of the consumer data that they retain. Lastly, this Note suggests that the FTC should also incorporate a safe harbor provision so that compliant companies know that, by following the FTC’s guidelines, they will be immune from Section 5 enforcement actions.",,,,,Data security; Business; FTC Fair Information Practice; Law and economics; Law; Commission; Enforcement; Notice; Context (language use); Unfair business practices; Rulemaking,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2727818 https://core.ac.uk/download/144231474.pdf,http://dx.doi.org/10.2139/ssrn.2727818,,10.2139/ssrn.2727818,2271419900,,0,,0,true,,green
033-787-526-144-56X,"E commerce as a tool for resource expansion: postal partnerships, data protection legislation and the mitigation of implementation gaps",,2016,journal article,Advances in E-Business Research,19352700; 19352719,IGI Global,,Marianne Ojo,"This chapter is aimed at illustrating how the potential of E commerce as a tool for resource expansion, can be maximized where information gaps, asymmetries, and more specifically, implementation gaps are addressed and mitigated. Engaging stakeholders, as well as bright line rules - distinguished from principles, at relevant phases and stages of mediation process between agents and stakeholders, would not only serve to foster greater accountability, but also ensure that better enforcement mechanisms are in place. Hence chapter illustrates how the stakeholder theory can be considered to be consistent with value maximization. Whilst incomplete contracts provide benefits of flexibility, they have also been criticized for facilitating lack of clarity in respect of objectives, focus and accountability in the decision making process. Furthermore, through the engagement of stakeholders, as well as appropriate forms of regulation, the chapter will also, simultaneously, illustrate how a “properly constructed Balanced Scorecard” can comprehensively communicate enterprises' business strategies.",,,25,48,Business; Stakeholder theory; Process management; Balanced scorecard; Accountability; Flexibility (engineering); Incomplete contracts; Public relations; Resource (project management); Competitive advantage; E-commerce,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2700433 https://www.igi-global.com/chapter/e-commerce-as-a-tool-for-resource-expansion/146695 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2752286_code1257850.pdf?abstractid=2700433&mirid=1 https://mpra.ub.uni-muenchen.de/70175/ https://core.ac.uk/download/211619800.pdf,http://dx.doi.org/10.4018/978-1-4666-9921-2.ch002,,10.4018/978-1-4666-9921-2.ch002,2293444515,,0,005-547-388-810-107; 014-455-741-938-215; 016-932-266-719-508; 047-304-185-075-664; 054-647-098-132-163; 084-829-674-710-87X; 090-562-320-485-924; 090-981-150-662-209; 106-619-997-653-532; 113-955-213-695-117; 146-124-595-661-077; 181-391-139-026-286,3,true,,green
033-837-858-136-155,Contractual Shifting of Defense Costs In Private Offering Securities Litigation,,1988,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Henry Klehm,"Federal securities regulation exists primarily to reduce fraud in the sale of securities through disclosure of all material facts in a manner least disruptive to capital formation.' This purpose is implemented through the disclosure,2 registration,3 and antifraud4 provisions of the Securities Act of 1933,6 the Securities and Exchange Act of 1934,8 and the rules and regulations promulgated by the Securities and Exchange Commission (""SEC""). To enforce the 1933 and 1934 Acts, Congress and the judiciary have created express7 and implied8 civil causes of action to penalize those who sell securities with materially false or misleading statements or omissions. Congress, however, also recognized that varying degrees of investor knowledge existed' and that the costs to issuers of compliance with the",136,3,971,,Public offering; Accounting; Issuer; Business; Commission; Action (philosophy); Compliance (psychology); Capital formation; Private placement,,,,,https://www.jstor.org/stable/3312122 https://core.ac.uk/display/151686746 https://scholarship.law.upenn.edu/penn_law_review/vol136/iss3/5/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3903&context=penn_law_review https://core.ac.uk/download/151686746.pdf,http://dx.doi.org/10.2307/3312122,,10.2307/3312122,749554444,,0,,0,true,,green
033-868-765-295-538,On the Enforcement Abroad of American Arbitration Awards,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Martin Domke,,17,3,545,566,Arbitration; Political science; Law; Enforcement,,,,,https://core.ac.uk/display/62557255 https://scholarship.law.duke.edu/lcp/vol17/iss3/5/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2539&context=lcp https://core.ac.uk/download/62557255.pdf,http://dx.doi.org/10.2307/1190209,,10.2307/1190209,1553634403,,0,,1,true,,green
034-069-732-217-117,Peculiar Quarantines: The Seamen Acts and Regulatory Authority in the Antebellum South,2013-07-23,2013,journal article,Law and History Review,07382480; 19399022,Cambridge University Press (CUP),United Kingdom,Michael A. Schoeppner,"In 1824, the American schooner Fox sailed into Charleston harbor with; seasoned mariner and Rhode Island native Amos Daley on board. When; officials boarded the ship, they interrogated the captain and crew before; cuffing Daley and hauling him off to the Charleston jail, where he; remained until the Fox was set to leave harbor. Daley's detainment; occurred because 16 months earlier the South Carolina General; Assembly had enacted a statute barring the entrance of all free people of; color into the state. Unlike other antebellum state statutes limiting black; immigration, this law extended further, stretching to include in its prohibition; maritime laborers aboard temporarily docked, commercial vessels.; This particular section of the law was passed on the assumption that; such sailors inspired slave insurrection and thereby posed a direct threat; to the safety and welfare of the citizenry. Over the course of the next; four decades, the states of North Carolina, Georgia, Florida, Alabama,; Mississippi, Louisiana, and Texas would join South Carolina in passing; statutes, commonly referred to as the ""Seamen Acts,"" which limited the ingress of free black mariners. Amos Daley was only one of ~10,000 sailors; directly affected by these particularly Southern regulations.",31,03,559,586,Statute; Law; State (polity); General assembly; Free people of color; Regulatory authority; On board; South carolina; Immigration; History,,,,,https://www.cambridge.org/core/journals/law-and-history-review/article/peculiar-quarantines-the-seamen-acts-and-regulatory-authority-in-the-antebellum-south/9781D76FAAEC4EB948D58D2870E7F480 http://resolver.caltech.edu/CaltechAUTHORS:20140307-131123014 https://core.ac.uk/download/19897740.pdf,http://dx.doi.org/10.1017/s0738248012000673,,10.1017/s0738248012000673,2030080070,,0,003-299-970-952-861; 004-062-594-958-514; 004-719-932-500-746; 007-479-962-713-266; 009-783-396-147-130; 014-033-397-101-909; 017-095-283-099-700; 021-024-983-534-490; 023-905-620-440-893; 028-979-861-783-786; 035-417-691-881-39X; 036-044-469-639-532; 038-397-026-421-071; 040-472-584-465-449; 041-651-052-345-964; 042-125-001-730-631; 047-959-252-038-255; 051-540-374-896-161; 058-616-971-607-56X; 082-834-667-136-199; 083-703-675-035-570; 089-937-833-375-539; 101-024-041-055-285; 106-389-014-684-012; 108-988-515-122-55X; 113-536-180-260-005; 117-146-770-946-906; 124-829-827-172-523; 134-282-117-555-825; 134-375-259-315-715; 138-436-428-902-972; 143-801-488-621-594; 145-589-675-508-201; 153-927-665-866-805; 165-620-325-330-667; 176-185-757-620-268; 180-312-586-990-857; 193-652-693-775-856; 197-508-594-141-371,15,true,,green
034-076-208-261-563,Trade Practice and Price Control in the Alcoholic Beverage Industry,,1940,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Joe De Ganahl,"With Repeal came a new type of regulation in the alcoholic beverage industry. Pre-Prohibition legislation related principally to taxation and the regulation of the retail sale of alcoholic beverages in the social interest. There was no attempt to regulate the relationships between the retailer and his vendors. The failure of this legislation was due in part to the failure to recognize the effects of industrial organization on the manufacture and sale of alcoholic beverages. With the rise of the large distilling and brewing corporations seeking new markets through high-pressure sales organizations, the independent tavernkeeper, theretofore subject to the restraints imposed by local legislation and local public opinion, ceased to exist.1 Among the devices used by the powerful sales organizations to achieve control of the local saloons was the furnishing of equipment, extension of credit, payment of rebates, and the rendering of liberal financial assistance in other ways.2 The resulting tied-house was one of the factors which brought the saloon into disrepute and helped to bring about Prohibition.3 This fact, emphasized in the studies of pre-Prohibition regulation, conducted in anticipation of Repeal, made it clear that post-Repeal legislation would have to embrace legislation controlling the relationships between manufacturers, importers, and wholesalers and retail establish-",7,4,665,688,Public opinion; Business; Payment; Control (management); Legislation; Repeal; Alcoholic beverage industry; Social interest; Commerce,,,,,https://core.ac.uk/display/62558296 https://scholarship.law.duke.edu/lcp/vol7/iss4/7/ https://www.jstor.org/stable/1189489 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2045&context=lcp https://core.ac.uk/download/62558296.pdf,http://dx.doi.org/10.2307/1189489,,10.2307/1189489,1494704818,,0,,0,true,,green
034-128-813-666-819,Strict Construction of Firearms Offenses: The Supreme Court and the Gun Control Act of 1968,,1986,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert Batey,"Associate Dean and Professor, Stetson University College of Law. Four graduates of Stetson University College of Law—Robert Butterfield, Kevin Fantauzzo, David Heil, and Matthew King—aided in the preparation of this article. At the editorial conference for the symposium, a discussion group including David Caplan, Susan Wimmershoff-Caplan, Penny Crook, Margaret Howard, James Jacobs, Don Kates, Gary Kleck, Daniel Polsby, and Robert Shalhope made helpful suggestions. Don Kates' editorial assistance was invaluable: without his insight and vast knowledge of the area, I would not have been able to write this article. Of course, none of these persons bears any responsibility for the work's defects. 1 Pub. L. No. 90-618, 82 Stat. 1213 (codified as amended at 18 U.S.C. §§ 921-928 (1982); 18 U.S.C. app. §§ 1201-1203 (1982); 26 U.S.C. §§ 5801-5872 (1982)). Many of these same provisions were enacted as part of the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. No. 90-351, 82 Stat. 197 (codified as amended in scattered sections of titles 5, 18, 42, and 47 of the U.S. Code (1982)). 2 United States v. Biswell, 406 U.S. 311 (1972); United States v. Bass, 404 U.S. 336 (1971); United States v. Freed, 401 U.S. 601 (1971). 3 United States v. Biswell, 406 U.S. 311, 313-17 (1972). [Copyright © 1986 Law and Contemporary Problems Originally published as 49 LAW & CONTEMP. PROBS. 163-198 (1986). For educational use only. The printed edition remains canonical. For citational use please obtain a back issue from William S. Hein & Co., 1285 Main Street, Buffalo, New York 14209; 716-882-2600 or 800-828-7571.]",49,1,163,198,Political science; Law; Crime control; Discussion group; Supreme court; Law enforcement; Gun control; Accident prevention; Poison control; Injury control,,,,,https://www.safetylit.org/citations/index.php?fuseaction=citations.viewdetails&citationIds[]=citjournalarticle_81421_38 https://core.ac.uk/display/62554527 https://scholarship.law.duke.edu/lcp/vol49/iss1/10/ http://foac-pac.org/uploads/Batey-Firearms%20Offenses-Supreme%20Ct-GCA68.pdf https://foac-pac.org/uploads/Batey-Firearms%20Offenses-Supreme%20Ct-GCA68.pdf https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3831&context=lcp https://core.ac.uk/download/62554527.pdf,http://dx.doi.org/10.2307/1191616,,10.2307/1191616,1641410450,,0,045-581-065-802-858; 125-690-109-573-894; 132-663-042-826-286; 187-467-591-287-876,3,true,,green
034-184-733-681-417,Corrective Action Under the Antitrust Laws,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Arne C. Wiprud,"For several years prior to March 26, I945,1 a widespread controversy raged in and out of Congress over the applicability of the antitrust laws to private companies operating public transportation services, particularly railroad companies. This controversy arose out of investigations instituted by the Department of Justice, through its Antitrust Division, into certain alleged restrictive practices in the transportation field. These investigations culminated in the filing of a number of antitrust suits, the largest of which is the Association of American Railroads conspiracy case.2 Fuel was added by the filing of an original suit in the Supreme Court of the United States by the State of Georgia against eastern and southern railroads, charging a pricefixing conspiracy in violation of the antitrust laws.3 Practically all railroads in the United States, and their principal associations, are involved in these antitrust suits. Under the circumstances, it was not surprising that the railroad industry produced the most ardent objectors to antitrust enforcement in the transportation field. The arguments of their spokesmen can be thus summarized: Decisions of the Supreme Court at the turn of the century, holding that railroads were subject to the antitrust laws and that noncompetitive rate-making was prohibited by those laws,4 have been deprived of their initial vigor by subsequent amendments to the Interstate Commerce Act-that these decisions have become ""patent anachronisms.""5 Giving little or no consideration to subsequent decisions of the Court affirming these earlier decisions,6 they reasoned that the Interstate Commerce Commission's jurisdiction",12,3,571,578,Economic Justice; Political science; Law; Commission; State (polity); Jurisdiction; Supreme court; Principal (commercial law); Anachronism; Public transport,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2321&context=lcp https://scholarship.law.duke.edu/lcp/vol12/iss3/10/ https://www.jstor.org/stable/1190044 https://core.ac.uk/download/62557682.pdf,http://dx.doi.org/10.2307/1190044,,10.2307/1190044,147020093,,0,,1,true,,green
034-426-044-796-170,Tax Challenges For Electronic-Commerce Activities,2012-08-21,2012,journal article,Journal of Applied Business Research (JABR),21578834; 08927626,Clute Institute,United States,Hang Nguyen; Meredith DeCenzo; Meyer Drucker,"<jats:p>Taxation of commercial transactions has always been a controversial and complex matter to administer for federal and state taxing authorities. Globalization of trade in the market-place, along with the emergence of new advanced technology, including the Internet, has imposed many new challenges for these taxing authorities because the systems in place were designed with a more simple business model in mind. With the expansion of E-Commerce, state and local taxing authorities fear that their tax base will be eroded. Overall, only ten states have passed laws requiring online retailers to collect sales tax; however, the practices still vary amongst each state. Without a uniform e-commerce sales tax system, firms such as Amazon will continue to take advantage of the loopholes in the current system and will relocate production and sales activity to those tax-free states in order to avoid collection responsibility. For example, over the past year, the largest online retailer has challenged states that force it to collect sales tax through a lawsuit, a ballot initiative, and especially through one of politicians deepest fearsjobs. In South Carolina, Amazon won a four and a half-year exemption on collecting sales tax in exchange for a plan that creates 2,000 jobs and $125 million in capital investments to the state through the end of 2013. One of the major problems is that lawmaking is usually a slow and tedious process. Technology, however, proceeds and evolves at unparalleled speeds. Any legal change to the current taxation system requires serious attention and consideration by governments and tax professionals. Therefore, this research will provide an overview of the problems raised by taxation of e-commerce, and arrive at some proposed initiatives that need to be undertaken to promote as much equity as possible for all parties, including the Bricks and Mortar Merchants, as well as the e-commerce businesses.</jats:p>",28,5,861,870,Value-added tax; Indirect tax; Business; Tax credit; Direct tax; Sales tax; Tax avoidance; Commerce; Tax reform; Ad valorem tax,,,,,https://www.cluteinstitute.com/ojs/index.php/JABR/article/view/7229 https://clutejournals.com/index.php/JABR/article/download/7229/7299 https://core.ac.uk/download/pdf/268104979.pdf,http://dx.doi.org/10.19030/jabr.v28i5.7229,,10.19030/jabr.v28i5.7229,2175997187,,0,,2,true,,bronze
034-513-190-862-485,FTC v. Simeon Management Corp.: The First Amendment and the Need for Preliminary Injunctions of Commercial Speech,,1977,journal article,Duke Law Journal,00127086,JSTOR,United States,James A. Willhite join(,,1977,2,489,,Political science; Law; Commercial speech; First amendment,,,,,http://dx.doi.org/10.2307/1372045 https://core.ac.uk/download/62550635.pdf,http://dx.doi.org/10.2307/1372045,,10.2307/1372045,2798222611,,0,,0,true,,
034-590-433-742-47X,The Filed Rate in Public Utility Law: A Study in Mechanical Jurisprudence,,1928,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Gustabus H. Robinson,"' See the writer's The Public Utility Concept in American Law (I928) 4I HARV. L. REV. 277, for the history and the processes of the labelling. 2 Forty-seven states have public utility acts; only Delaware was without one. See Note (I926) 25 MICH. L. REV. I78. In I927 the National Conference of Commissioners on Uniform State Laws tentatively adopted a Uniform Act drafted by Professor E. B. Stason of Michigan. PROCEEDINGS OF THE THIRTY-SEVENTH ANNUAL MEETING (I927) 72I. It does not include the regulation of steam railroads, and it is largely concerned with the agency for, and mechanics of, regulation. The duties of the utilities are stated-and properly-in the usual general terms, and occupy only three pages out o,f forty-one.",77,2,213,,Agency (sociology); Political science; Law; State (polity); Jurisprudence,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol77/iss2/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8327&context=penn_law_review https://www.jstor.org/stable/3307804 https://core.ac.uk/download/151689930.pdf,http://dx.doi.org/10.2307/3307804,,10.2307/3307804,777051999,,0,,0,true,,green
034-732-116-995-271,Constitutional Limits on Free Choice of Law,,1963,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert A. Leflar,"Between thirty and forty years ago, and especially in the early 1930's, it seemed that the law of conflict of laws might be about to become a branch of constitutional law.' The United States Supreme Court was using the due process of law clause of the fourteenth amendment, and to a lesser extent the full faith and credit clause, to prescribe for state courts in choice-of-law cases, as well as in jurisdiction to tax and judicial jurisdiction cases, the one permissibly governing law by which the facts could constitutionally be controlled.2 Since the early I940's, however, the Supreme Court has backed away from this ""single proper law"" approach, and has in choice of law, taxation, and judicial jurisdiction cases held that constitutional requirements are satisfied by a widening variety of factual contacts with the state whose law is chosen as governing.3 Typically, the Court today says:",28,4,706,731,Political science; Constitutional law; Law; Proper law; Jurisdiction; Full Faith and Credit Clause; Supreme court; Choice of law; Due process; Conflict of laws,,,,,https://core.ac.uk/display/62556366 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2978&context=lcp https://www.jstor.org/stable/1190562 https://scholarship.law.duke.edu/lcp/vol28/iss4/4/ https://core.ac.uk/download/62556366.pdf,http://dx.doi.org/10.2307/1190562,,10.2307/1190562,1515931597,,0,,3,true,,green
034-742-334-237-048,The Enforceability of the Unfair Arbitration Agreement in Consumer Disputes before Dubai Courts,2017-02-09,2017,journal article,Arab Law Quarterly,02680556; 15730255,Brill,Netherlands,Omar Husain jamil Qouteshat,"Online transactions in the Gulf Cooperation Council (GCC) region and particularly Dubai has undergone a phenomenal rise in recent times. However, reform is required to improve the legislation as it relates to consumer rights. Upon successful completion of online transactions, consumers often end up agreeing to unclear arbitration clauses among other terms and conditions, thereby bearing extra costs and expenses. They may also waive their right to litigate, which is a primary consideration and should be secured. This article seeks to examine current legislation and court approaches in Dubai, relating to consumer rights. Essentially, possible solutions directed at protecting consumers from referring to arbitration.",31,1,1,29,Business; Arbitration; Compulsory arbitration; Sharia; Law; Consumer Bill of Rights; Legislation; Enforcement; Consumer protection; E-commerce,,,,,https://brill.com/view/journals/alq/31/1/article-p1_1.xml https://clok.uclan.ac.uk/18845/ https://core.ac.uk/download/84147132.pdf,http://dx.doi.org/10.1163/15730255-12341330,,10.1163/15730255-12341330,2587001893,,0,005-155-482-683-228; 008-302-907-872-611; 057-449-193-283-375; 174-660-423-046-726; 183-462-201-129-218,0,true,,green
034-764-786-729-964,United States Jurisdiction over Extraterritorial Crime,,1982,journal article,The Journal of Criminal Law and Criminology (1973-),00914169,JSTOR,United States,Christopher L. Blakesley,"The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is within the federal or the state sphere. Among the states, the definition and scope of jurisdiction also vary.; The international setting gives rise to another set of definitions and applications of the notion of jurisdiction. International law has failed to develop jurisdictional rules that are as comprehensive or precise as the domestic jurisdictional laws of individual nations. Indeed, international law has tended to focus on penal rather than civil jurisdiction. Moreover, the set of rules relating to criminal legislative, judicial and enforcement jurisdiction in the international setting is not as well developed as the parallel domestic laws of the various nations. Generally, this article will discuss the problem of jurisdiction over extraterritorial crime by analyzing the interaction between United States domestic and international law relating to jurisdiction. In 1935, Harvard Research on International Law (Harvard Research) identified five theories of criminal jurisdiction: territorial; protective; nationality; universal; and passive personality. These theories, representing the possible bases for a state to claim jurisdiction over actions committed abroad and proscribed by its criminal law, provide the organizational format for this article",73,3,1109,,Subject-matter jurisdiction; Political science; Sovereignty; Law; Criminal law; Jurisdiction; Territorial principle; Treaty; Computer security; International law; Original jurisdiction,,,,,https://scholars.law.unlv.edu/facpub/318/ https://core.ac.uk/display/10677850 https://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1333&context=facpub https://scholarlycommons.law.northwestern.edu/jclc/vol73/iss3/13/ https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6331&context=jclc http://scholars.law.unlv.edu/facpub/318,http://dx.doi.org/10.2307/1143188,,10.2307/1143188,1589411244,,0,,21,true,,green
035-001-747-227-073,"The Eight Principles of the Microeconomic and Regulatory Future of Ticket Scalping, Ticket Brokers, and Secondary Ticket Markets",2010-05-01,2010,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Stephen Happel,"“Ticket scalping” is a term akin to “loan sharking.” Both practices fill a market need, but both practices also bring the disdain of the consumer, the wrath of primary market competitors, and the microscopic attention of regulators. From the time of Shakespearean England, those who resell tickets have carried images of greedy speculators forcing innocents to pay unjust sums for event tickets, being fleeced of their hard-earned shekels in the process.",28,2,,,Advertising; Competitor analysis; Economics; Primary market; Scalping; Ticket; Loan; Speculation,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/19 https://jlc.law.pitt.edu/ojs/jlc/article/download/19/19 https://core.ac.uk/download/pdf/325947795.pdf,http://dx.doi.org/10.5195/jlc.2010.19,,10.5195/jlc.2010.19,2044057085,,0,,3,true,cc-by-nc-nd,hybrid
035-050-659-370-129,"Defending the ""Higher Walls"" - The Effects of U.S. Export Control Reform on Export Enforcement",2015-12-07,2015,journal article,The Santa Clara Journal of International Law,,,,James E. Bartlett; Jonathan C. Poling,"The goal of the current U.S. Export Control Reform Initiative is to create a single control list, a single licensing agency, a unified information technology system, and a single primary enforcement coordination agency, and to move criminal law enforcement functions currently in the Commerce Department’s Office of Export Enforcement (OEE) to the Department of Homeland Security (DHS). The plan to create a single control list, a single licensing agency, a single IT system, and a single enforcement coordination center has received support from exporters, but the movement of agents from OEE to DHS has raised concerns and objections. Is the proposed combination of enforcement agencies necessary, and in the best interests of national security and foreign policy? The authors believe that specialized export law enforcement officers of the type currently assigned to the Commerce Department’s OEE should be located within the single export licensing agency, and that the agency should include the more compliance-focused review practices currently used by the State Department. Until a single licensing agency is created by Congress, however, it is best to continue the current compliance and enforcement practices of both the Commerce and State Departments.",14,1,1,,Finance; Information technology; Agency (sociology); Business; Criminal law; Enforcement; Law enforcement; Homeland security; National security; Foreign policy,,,,,https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1196&context=scujil https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1198&context=scujil https://digitalcommons.law.scu.edu/scujil/vol14/iss1/1/,https://digitalcommons.law.scu.edu/scujil/vol14/iss1/1/,,,2195910173,,0,,0,false,,
035-095-773-843-283,"The Right to Discharge Employees for ""Union Activity""",,1940,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Henry S. Drinker,,88,7,806,,,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol88/iss7/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9095&context=penn_law_review https://core.ac.uk/download/151690307.pdf,http://dx.doi.org/10.2307/3308747,,10.2307/3308747,622755364,,0,,0,true,,green
035-119-295-212-930,Real security rights - time for Cinderella to go to the ball?,,2011,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Andrew Steven,A survey of the current state of real security rights with particular focus on Scotland and South Africa.,,,61,76,Goto; Economics; Bundle of rights; Law; Right to property; Reservation of rights; Security interest; Land law; Property law; Ball (bearing),,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1837533 http://www.research.ed.ac.uk/portal/files/14181807/Real_Security_Rights_Time_for_Cinderella_to_Go_to_the_Ball.pdf https://www.research.ed.ac.uk/portal/files/14181807/Real_Security_Rights_Time_for_Cinderella_to_Go_to_the_Ball.pdf https://core.ac.uk/display/28971277 https://ssrn.com/abstract=1837533 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1837533_code941689.pdf?abstractid=1837533&mirid=1 https://core.ac.uk/download/28971277.pdf,http://dx.doi.org/10.2139/ssrn.1837533,,10.2139/ssrn.1837533,1512061711,,0,005-849-985-813-609; 038-708-244-681-74X; 062-066-701-260-464; 062-312-794-531-630; 113-759-832-019-865; 175-322-326-223-772; 178-895-150-655-316,0,true,,green
035-163-896-155-407,Towards a Basal Tenth Amendment: A Riposte to National Bank Preemption of State Consumer Protection Laws,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Keith R. Fisher,"Recent regulations promulgated by the Office of the Comptroller of the Currency assert a sweeping authority to preempt a broad array of state laws, including consumer protection laws, applicable not only to national banks but to their state-chartered operating subsidiaries. These regulations threaten to disrupt state efforts to combat predatory lending and other abusive practices and to interfere with a state's sovereign authority over corporations chartered under its laws. Yet federal courts faced with challenges to these initiatives have failed to devote any substantial analysis to claims based on the Tenth Amendment. The problem with such claims is the absence of any substantial doctrinal base in Tenth Amendment jurisprudence. This article first explores the legal and policy implications of the preemption program and identifies the consumer protection interests at stake and the states' role in vindicating those interests. It then considers the importance of judicial review to the Framers' federalism design and endeavors to distill from their commentary and debates some substantive content for the Tenth Amendment that federal courts could credibly enforce. The article concludes with a modest suggested template for doctrinal analysis of Tenth Amendment issues arising from federal administrative action.",,,,,Economics; Sovereignty; Law; State (polity); National bank; Predatory lending; Consumer protection; Judicial review; Federalism; Jurisprudence,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=824465 https://core.ac.uk/download/76622853.pdf,http://dx.doi.org/10.2139/ssrn.824465,,10.2139/ssrn.824465,1741032446,,0,004-350-815-740-970; 007-700-619-377-429; 058-765-731-965-869; 060-909-739-278-301; 070-630-249-783-211,2,true,cc-by,green
035-329-896-831-441,The Costs of Regulatory Redundancy: Consumer Protection Oversight of Online Travel Agents and the Advantages of Sole FTC Jurisdiction,,2015,journal article,North Carolina Journal of Law & Technology,15425177,,,James C. Cooper,"Every administration in recent history has attempted to reduce regulatory redundancies. One area of regulatory redundancy that deserves attention is the FTC’s and Department of Transportation’s (DOT) consumer protection authority over online travel agents (OTAs), which generated $111 billion in revenue last in 2013. This regulatory redundancy guarantees that two agencies will oversee OTAs, prevents harmonization of online consumer protection policy, and is likely to impose unnecessary costs on OTAs to adhere to two separate regulatory regimes. The importance of this conflict will grow as privacy and data security become preeminent consumer protection issues and DOT expands its jurisdiction to online information providers. Efficiency suggests the FTC as the sole consumer protection overseer of OTAs. Only the FTC has the current capacity to regulate all OTA activities, and it enjoys unrivaled expertise with respect to e-commerce consumer protection. Further, in contrast with FTC’s ex post enforcement approach, which focuses on actual or likely consumer harm, DOT’s ex ante regulatory approach is ill-suited for the fast moving world of e-commerce. Finally, the FTC faces more serious internal and external constraints on its enforcement authority, which tends to temper the potential for regulatory overreach. There are several possible ways to effect this regulatory reform, ranging from the complete abolition of DOT’s aviation consumer protection authority and the FTC Act’s common carrier exemption, to a memorandum of understanding between FTC and DOT that harmonizes policy.",17,2,179,,Data security; Ex-ante; Business; Revenue; Jurisdiction; Regulatory reform; Enforcement; Common carrier; Consumer protection; Industrial organization,,,,,https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=1301&context=ncjolt https://scholarship.law.unc.edu/ncjolt/vol17/iss2/1/,https://scholarship.law.unc.edu/ncjolt/vol17/iss2/1/,,,3122117734,,0,,0,false,,
035-533-461-781-009,"Jurisdiction, Crime, and Development: The Impact of Public Law 280 in Indian Country",2014-01-27,2014,journal article,Law & Society Review,00239216; 15405893,Wiley,United Kingdom,Valentina Dimitrova-Grajzl; Peter Grajzl; A. Joseph Guse,"Public Law 280 transferred jurisdiction over criminal and civil matters from the federal to state governments and increased the extent of nontribal law enforcement in selected parts of Indian country. Where enacted, the law fundamentally altered the preexisting legal order. Public Law 280 thus provides a unique opportunity to study the impact of legal institutions and their change on socioeconomic outcomes. The law's controversial content has attracted interest from legal scholars. However, empirical studies of its impact are scarce and do not address the law's endogenous nature. We examine the law's impact on crime and on economic development in U.S. counties with significant American-Indian reservation population. To address the issue of selection of areas subject to Public Law 280, our empirical strategy draws on the law's politico-historical context. We find that the application of Public Law 280 increased crime and lowered incomes. The law's adverse impact is robust and noteworthy in magnitude.",48,1,127,160,Comparative law; Political science; Public law; Law and economics; Jurisdiction; Reservation; Law enforcement; Indian country; Population; Development economics; Commercial law,,,,,https://onlinelibrary.wiley.com/doi/abs/10.1111/lasr.12054,http://dx.doi.org/10.1111/lasr.12054,,10.1111/lasr.12054,2319503524,,0,005-443-794-713-904; 010-870-232-397-45X; 013-240-172-561-897; 016-129-588-517-340; 016-308-377-166-724; 018-266-638-510-256; 020-081-754-659-016; 021-516-300-262-440; 021-685-186-502-97X; 022-506-868-703-568; 025-505-139-188-003; 031-214-159-769-494; 036-255-808-968-614; 037-743-732-098-243; 038-431-383-119-715; 038-713-027-959-756; 039-251-382-692-278; 042-335-426-642-552; 046-127-203-871-082; 046-127-440-118-73X; 046-713-330-736-950; 049-340-324-916-111; 050-847-023-327-389; 051-501-194-477-187; 052-789-802-311-730; 057-099-068-735-54X; 058-497-905-843-91X; 060-562-295-392-575; 065-679-854-548-849; 071-737-539-334-023; 077-717-257-606-772; 078-520-863-981-326; 078-616-816-148-792; 087-251-686-880-316; 088-727-802-563-295; 089-716-602-248-066; 096-395-268-310-213; 096-612-918-609-603; 097-704-244-669-70X; 111-723-979-780-299; 116-284-563-242-112; 119-606-719-151-11X; 126-427-048-080-911; 132-558-492-977-554; 137-638-136-649-740; 143-459-561-853-287; 147-943-915-163-495; 173-188-533-409-695; 183-442-624-389-208; 195-069-031-319-59X,22,false,,
035-676-540-559-666,Arbitration in Three Dimensions,,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Jan Paulsson,"The law applicable to arbitration is different from the law applicable in arbitration. The latter leads arbitrators to decide as they do. The former refers to the source of their authority and the effect of their decision – the legal order that governs arbitration. According to the territorialist thesis, an arbitration can have no foundation other than that of the legal order of the particular state where the arbitration takes place. This outdated conception is disproved by the simple factual observation that a plurality of legal orders may give effect to arbitration. Some French scholars promote the notion of an autonomous arbitral order. Inasmuch as they ultimately seek to establish this order by positing its recognition by the very state orders from which they claim autonomy, their idea is circular and in effect no more than a dressed-up variant of ordinary horizontal pluralism. But the model of horizontal pluralism fails to account for important orderings of arbitral activity. Arbitration in modern society is accurately perceived as a complex, three-dimensional form of pluralism, in which legal orders (i) are not exclusively those of states and (ii) frequently overlap.",,,,,Sociology; Arbitration; Compulsory arbitration; Law; Pluralism (political theory); Autonomy,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1536093 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1536093_code831181.pdf?abstractid=1536093&mirid=4 https://core.ac.uk/display/17318 https://ssrn.com/abstract=1536093 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1536093_code831181.pdf?abstractid=1536093&mirid=1 https://core.ac.uk/download/17318.pdf,http://dx.doi.org/10.2139/ssrn.1536093,,10.2139/ssrn.1536093,1859685506,,0,,5,true,,green
035-688-273-936-233,The Origin of the Rule against Unjust Discrimination,1918-02-01,1918,journal article,University of Pennsylvania Law Review,00419907,University of Pennsylvania Law School,United States,Benjamin M. Kline,,66,2,123,,,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol66/iss2/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7658&context=penn_law_review https://core.ac.uk/download/151689427.pdf,https://scholarship.law.upenn.edu/penn_law_review/vol66/iss2/3/,,,2189043286,,0,,0,true,,
035-841-355-809-623,Applicability of the Federal Securities Laws to Pension and Profit-Sharing Plans,,1964,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert H. Mundheim; Gordon D. Henderson,,29,3,795,841,Finance; Business; Actuarial science; Profit sharing; Pension,,,,,https://scholarship.law.duke.edu/lcp/vol29/iss3/8/ https://core.ac.uk/display/62556316 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3024&context=lcp https://core.ac.uk/download/62556316.pdf,http://dx.doi.org/10.2307/1190558,,10.2307/1190558,1588847999,,0,,1,true,,green
035-848-535-996-317,Developments in the global law enforcement of cyber‐crime,2006-07-01,2006,journal article,Policing: An International Journal of Police Strategies & Management,1363951x,Emerald,United Kingdom,Roderic Broadhurst,"Purpose – Addresses the rapid expansion of computer connectivity and the opportunities provided for criminals to exploit security vulnerabilities in the online environment.Design/methodology/approach – International efforts to combat cyber‐crime are reviewed by evaluating the forms of mutual legal assistance (MLA) now in place.Findings – Cyber‐crime is often traditional crime (e.g. fraud, identify theft, child pornography) albeit executed swiftly and to vast numbers of potential victims, as well as unauthorised access, damage and interference to computer systems. Most detrimental are malicious and exploit codes that interrupt computer operations on a global scale and along with other cyber‐crimes threaten e‐commerce. The cross‐national nature of most computer‐related crimes have rendered many time‐honoured methods of policing both domestically and in cross‐border situations ineffective even in advanced nations, while the “digital divide” provides “safe havens” for cyber‐criminals. In response to the threa...",29,3,408,433,The Internet; Business; Exploit; Digital divide; Crime prevention; Child pornography; Law enforcement; Computer security; Interrupt; Scale (social sciences),,,,,https://eprints.qut.edu.au/3769/ https://www.emerald.com/insight/content/doi/10.1108/13639510610684674/full/html http://www.emeraldinsight.com/doi/full/10.1108/13639510610684674 https://www.emerald.com/insight/content/doi/10.1108/13639510610684674/full/pdf?title=developments-in-the-global-law-enforcement-of-cybercrime https://www.emeraldinsight.com/doi/full/10.1108/13639510610684674 https://core.ac.uk/download/10875282.pdf,http://dx.doi.org/10.1108/13639510610684674,,10.1108/13639510610684674,3021831872,,0,016-694-359-631-256; 024-958-231-756-283; 038-538-897-240-045; 039-355-076-122-804; 041-103-929-041-645; 075-810-114-252-915; 079-004-575-830-983; 105-500-200-431-859; 135-794-833-998-112; 160-908-310-734-934; 179-087-507-658-781; 190-010-156-853-552,115,true,,green
035-946-812-391-586,Conflict Avoidance in the Law of Patents and Trade-Marks,,1956,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Peter Meinhardt,"The law of patents and trade-marks is notoriously difficult and complex, but from the aspect of the conflict of laws, it is relatively simple. Situations and relations in which a conflict of laws arises are not frequent, and when they do occur, the applicable law is, in the majority of cases, easy to determine. Therefore, the conflict of laws is much more of a fringe problem to the patent and trade-mark lawyer than to the commercial lawyer.' Two cardinal problems continually face the patent and trade-mark lawyer: Is the patent: or trade-mark valid? Is it infringed? There is only one law applicable to these problems-namely, the law of the country where the patent or trade-mark was granted and/or is registered, the so-called ""country of protection""-and, accordingly, no conflict of laws can arise in these connections.2 Furthermore, proceedings for the revocation of a patent or for declaring a patent null and void, as well as proceedings to expunge a trade-mark from the register, can be heard only in the country of protection.3 Thus, for example, if an Englishman, E, owns a German patent and another Englishman, F, wishes to institute proceedings to have the German patent declared null and void, F must institute the proceedings in the German Patent Office and cannot bring the case before the British Patent Office or the English courts, even if E agrees. This follows from the fact that a monopoly granted by the government of one country cannot be revoked by the courts or offices",21,3,533,548,Government; Conflict avoidance; German; Political science; Law; Revocation; Face (sociological concept); Patent office; Monopoly; Conflict of laws,,,,,https://www.jstor.org/stable/info/1190309 https://scholarship.law.duke.edu/lcp/vol21/iss3/6/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2688&context=lcp https://core.ac.uk/display/62556941 https://core.ac.uk/download/62556941.pdf,http://dx.doi.org/10.2307/1190309,,10.2307/1190309,1604044925,,0,,1,true,,green
036-163-606-889-32X,Title VII: The Continuing Challenge of Establishing Fair Employment Practices,,1986,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Julius L. Chambers; Barry Goldstein,,49,4,9,23,Political science; Employment discrimination; Public administration,,,,,https://core.ac.uk/display/84098809 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3870&context=lcp https://scholarship.law.duke.edu/lcp/vol49/iss4/2/ https://core.ac.uk/download/84098809.pdf,http://dx.doi.org/10.2307/1191647,,10.2307/1191647,1608296200,,0,,0,true,,green
036-233-226-714-57X,Who’s Afraid of the Big Bad Internet?,1970-01-01,1970,journal article,Al-Raida Journal,02599953,Escienta Ltd,,Nadine Moawad; Tamara Qiblawi,"On 15 June 2010, the Lebanese online community heaved a collective sigh of relief as the Lebanese Parliament voted to indefinitely postpone discussions on a newly proposed e-transactions law. “The ESSA (Electronic Signatures and Services Authority) [would be] established under this law with discretionary, selective, subjective and very broad and unjustified powers”, said Gabriel Deek, secretary general of the Professional Computer Association of Lebanon, adding that “its prerogatives are almost repressive for all ‘service providers’ of electronic services and economic sectors at large” (Deek, 2010). The draft law, which purports to protect e-commerce from fraudulent activities, would actually lead to law enforcement without judicial oversight.",,,19,45,The Internet; Service provider; Sociology; Economic sector; Electronic signature; Law; Online community; Law enforcement; Parliament; Judicial review,,,,,http://alraidajournal.com/index.php/ALRJ/article/view/90,http://dx.doi.org/10.32380/alrj.v0i0.90,,10.32380/alrj.v0i0.90,2737153822,,0,,1,true,cc-by-sa,hybrid
036-545-046-433-685,Choice-of-Law in the Internet Age-US and European Rules,,2012,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Tamás Dezső Czigler,"With use of the Internet, a new form of contract has appeared: the electronic contract, which is concluded online. Most of these involve a relationship of two parties: a consumer who is in a relatively vulnerable position, and a business entity. There are numerous examples of such transactions: youngsters downloading music from a website and paying for it-as they would in a music store. Many physical goods can also be purchased online-e.g. even though they live in Europe, the authors of this article regularly purchase books from the US. There are numerous ways such transactions can take place: one of the most obvious ways is buying goods on Amazon or eBay, on the website of a company, or purchasing goods using e-mail communication. The article attempts to summarize the choice of law rules affecting electronic contracts in the US and in Europe-i.e. to give an overview of which country’s or state’s law would apply to a contract concluded online, what the limits are on such a transaction and which state’s la...",53,3,193,203,The Internet; Business; Law; Purchasing; Choice of law; Conflict of laws; Legal aspects of computing; Private law; Database transaction; Commercial law,,,,,http://real.mtak.hu/43425/ https://core.ac.uk/download/78475047.pdf,http://dx.doi.org/10.1556/ajur.53.2012.3.2,,10.1556/ajur.53.2012.3.2,1981887801,,0,,2,true,,green
036-565-797-265-924,Relevant Geographic Market Delineation: The Interchangeability of Standards in Cases Arising under Section 2 of the Sherman Act and Section 7 of the Clayton Act,,1979,journal article,Duke Law Journal,00127086,JSTOR,United States,Glenn William Brown,,1979,5,1152,,,,,,,https://core.ac.uk/download/62550493.pdf,http://dx.doi.org/10.2307/1372265,,10.2307/1372265,,,0,,0,true,,green
036-616-733-098-159,Resale Price Maintenance: Constitutionality of Nonsigner Clauses,,1961,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Michael Conant,"For a number of years, the Congress of the United States has debated federal resale price maintenance bills.1 Proposed legislation before the 86th Congress and expected to be reintroduced in the 87th would allow enforcement of resale price maintenance against any seller in the chain of distribution who has notice of the established price, even though the seller is not a party to the resale price contract. The key sections of these bills provide that:",109,4,539,,Finance; Business; International trade; Constitutionality; Legislation; Resale price maintenance; Enforcement; Notice,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol109/iss4/4/ https://www.jstor.org/stable/3310622 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6951&context=penn_law_review https://core.ac.uk/download/151689202.pdf,http://dx.doi.org/10.2307/3310622,,10.2307/3310622,762384344,,0,,0,true,,green
036-756-398-753-658,Administrative Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA,2019-05-30,2019,journal article,"Economics, Law and Policy",25762052; 25762060,"Scholink Co, Ltd.",,Sohaib Mukhtar; Zinatul Ashiqin Zainol; Sufian Jusoh,"Trademark is one of the component of Intellectual Property (IP). It is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctive and non-descriptive. It losses its distinctiveness when registered owner of trademark does not take prompt action against its infringement. Trademark enforcement procedures including administrative procedure must be expedient, adequate, fair, equitable, and must not be complicated, costly and time consuming. Administrative procedure starts when application for trademark registration is opposed by the registered trademark owner before the concerned administrative authority. Trademark registration authorities are: (i) Trademark Registry under Intellectual Property Organization of Pakistan (IPO-Pakistan) in Pakistan, (ii) Intellectual Property Corporation of Malaysia (MyIPO) in Malaysia, and (iii) United States Patent and Trademark Office (USPTO) in United States of America (USA). The registered owner of trademark may apply before the concerned administrative authority against the registration of identical trademark by adopting administrative procedure of trademark enforcement. This study is qualitative method of research a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA. After a comparative analysis of administrative procedure of trademark enforcement in Pakistan, Malaysia and USA, it is found that there are only three IP Tribunals in Pakistan and there is a need of more IP Tribunals which is required to give its decision within 90 days resultantly saves time and money of the people. It is also found that there is Trademark Trial and Appeal Board at USPTO, where appeal against decision of the Registrar may be filed by the aggrieved party thus a similar kind of body is required to be established at Trademark Registry in Pakistan. Furthermore, IP experts should be hired at IP Tribunal and at Trademark Registry for smooth implementation of administrative procedure of trademark enforcement in Pakistan.",2,1,113,,Business; Goods and services; Law; Tribunal; Corporation; Appeal; Trademark; Enforcement; Registered trademark; Intellectual property,,,,,http://www.scholink.org/ojs/index.php/elp/article/view/2079 https://core.ac.uk/download/pdf/268086383.pdf,http://dx.doi.org/10.22158/elp.v2n1p113,,10.22158/elp.v2n1p113,2946987928,,0,,0,true,cc-by,gold
036-779-317-489-309,The Secret Life of the Private Attorney General,,1998,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Jeremy Rabkin,The role of the private attorney general is discussed along with the history of the office,61,1,179,204,Political science; Law,,,,,https://core.ac.uk/display/62568466 https://paperity.org/p/84837297/the-secret-life-of-the-private-attorney-general https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1077&context=lcp https://scholarship.law.duke.edu/lcp/vol61/iss1/12/ https://core.ac.uk/download/62568466.pdf,http://dx.doi.org/10.2307/1192387,,10.2307/1192387,1544200593,,0,,5,true,,green
037-155-330-597-399,How Shall the Railroad Rate Structure be Regulated in the Public Interest,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Sidney S. Alderman,"The Commission is called upon to decide this case, on the record, after it has in effect been decided, in advance and without regard to the record, by many men in public life, of high and low degree, who have freely proclaimed their views on what they conceive to be the basic issues. Their thesis has been that the section of our country generally known as the South is our ""Economic Problem No. i,"" because, among other things, it is low in industrial development, and that a major reason for this condition has been and is an unfair adjustment of freight rates which has favored the producers of the North and burdened those of the South. It has become a political issue. While, however, the South gave birth to the issue, public representatives of the West now cry out against like supposed oppression, and public representatives of the North or East, as it is variously called, have risen in defense of their section.",12,3,579,599,Political economy; Political science; Structure (mathematical logic); Economic problem; Commission; Public interest; Oppression; Public life; Public administration; Politics,,,,,https://www.jstor.org/stable/1190045 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2322&context=lcp https://scholarship.law.duke.edu/lcp/vol12/iss3/11/ https://core.ac.uk/download/62557684.pdf,http://dx.doi.org/10.2307/1190045,,10.2307/1190045,1576471367,,0,,1,true,,green
037-173-689-689-651,Urban Renewal Relocation: Problems in Enforcement of Conditions on Federal Grants to Local Agencies,,1968,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Terry J. Tondro,,117,2,183,,Business; Relocation; Enforcement; Public administration,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6071&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol117/iss2/1/ https://core.ac.uk/display/151688629 https://core.ac.uk/download/151688629.pdf,http://dx.doi.org/10.2307/3311007,,10.2307/3311007,818230646,,0,,4,true,,green
037-246-526-185-488,"Fundamental Facets of the United States-Jordan Free Trade Agreement: E-Commerce, Dispute Resolution, and Beyond",,2003,journal article,Fordham International Law Journal,07479395,,,Mohammad Nsour,"Part I of this Article discusses e-commerce in the U.S.-Jordan FTA. Part I begins with definitions of basic issues in the e-commerce regime, such as electronic signatures. Thereafter, Part I highlights the ways in which some of the important international regimes have dealt with ecommerce, as in the GATS. Finally, and most importantly, Part I will provide a legal analysis of issues related to e-commerce, which are mentioned in the U.S.-Jordan Joint Statement on ECommerce, such as privacy. Due to the fact that the World Trade Organization’s (”WTO”) dispute settlement system is the dominant one for trade disputes, Part II begins with a description of the WTO’s dispute settlement structure. Part II then describes the dispute settlement system in the U.S.-Jordan FTA and examines how the latter overlaps with the WTO’s system. Further, it outlines the legal questions that might arise through the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (”New York Convention”). FUNDAMENTAL FACETS OF THE UNITED STATES-JORDAN FREE TRADE AGREEMENT: E-COMMERCE, DISPUTE RESOLUTION, AND BEYOND",27,2,742,,Dispute resolution; International trade; Political science; Structure (mathematical logic); Electronic signature; Enforcement; Convention; Legal analysis; Free trade agreement; E-commerce,,,,,https://ir.lawnet.fordham.edu/ilj/vol27/iss2/9/ https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1930&context=ilj,https://ir.lawnet.fordham.edu/ilj/vol27/iss2/9/,,,1540143545,,0,,1,false,,
037-535-370-269-781,Collection Agency Activities: The Problem From the Standpoint of the Bar,,1938,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Edwin M. Otterbourg,"The genesis of the movement against unauthorized practice of the law by the organized bar in the United States was the report of a special committee of the New York County Lawyers Association, of which Julius Henry Cohen, Esq., was chairman, which resulted in the appointment of the first standing committee on unlawful practice of the law in the United States by that Association in I9I4. In the reports and in the discussions leading up to the organization of that committee, among the activities of laymen in the field of law practice which were deemed a menace to the public and to the bar alike, and which were the subject of great discussion, were those of the collection agencies. At about the same time, the Committee on Ethics of the New York County Lawyers Association, of which Charles A. Boston, Esq., was chairman, in its answer to Question 47, condemned many activities then current affecting the relations of lawyers to collection agencies. There are now functioning in the United States approximately four hundred twenty-nine committees on unauthorized practice of the law in addition to the national committee of the American Bar Association. Throughout the years, since the subject of unauthorized practice of law was first actively discussed, there is hardly any report on the general subject that has been made which did not refer to the activities of collection agencies and there has been a country-wide battle over legislation to regulate, and litigation to prevent and punish, unauthorized practice of law by collection agencies. By penal law and decisions, by canons of ethics, and by the crystallization of public opinion, certain principles, the upholding and enforcement of which vitally affect the public interest, have become generally accepted. These principles might be summarized as condemning the champertous stirring up of law suits and legal proceedings for profit, the purchase and sale of legal claims against others for the purpose of suit thereon, the advertising and solicitation of legal business by laymen for lawyers or by lawyers through laymen, either in tort or contract cases, and any",5,1,35,46,Agency (sociology); Public opinion; Political science; Law; Tort; Criminal law; Public interest; Legislation; Practice of law; Enforcement,,,,,https://core.ac.uk/display/62558552 https://scholarship.law.duke.edu/lcp/vol5/iss1/6/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1889&context=lcp https://www.jstor.org/stable/1189790 https://core.ac.uk/download/62558552.pdf,http://dx.doi.org/10.2307/1189790,,10.2307/1189790,1493583022,,0,,0,true,,green
037-931-164-435-608,Restrictions Inherent in the Patent Monopoly :A Comparative Critique,,1965,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Richard M. Buxbaum,,113,5,633,,Patent troll; International trade; Economics; Monopoly,,,,,http://scholarship.law.berkeley.edu/facpubs/65/ https://core.ac.uk/display/151688795 https://scholarship.law.berkeley.edu/facpubs/65/ https://scholarship.law.upenn.edu/penn_law_review/vol113/iss5/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6456&context=penn_law_review https://core.ac.uk/download/151688795.pdf,http://dx.doi.org/10.2307/3310806,,10.2307/3310806,1553350812,,0,,3,true,,green
038-010-703-405-150,Refusals to Deal Under the Federal Antitrust Laws,,1955,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Charles F. Barber,,103,7,847,,Business; Law; Consent decree,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol103/iss7/1/ https://core.ac.uk/display/151689554 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7730&context=penn_law_review https://core.ac.uk/download/151689554.pdf,http://dx.doi.org/10.2307/3309845,,10.2307/3309845,814834891,,0,,3,true,,green
038-060-939-535-280,"E‐Commerce Security: The Birth of Technology, the Death of Common Sense?",,2001,journal article,Journal of Financial Crime,13590790; 17587239,Emerald,United Kingdom,Robin McCusker,"Amidst the clamber to join the high‐tech world of e‐commerce, companies have neglected to apply common sense to their endeavours. It is arguably the lack of common sense rather than the lack of sophistication of e‐commerce security which potentially will scupper e‐trade development.",9,1,79,89,Business; Sophistication; Join (sigma algebra); Common sense; Public relations; Commerce; E-commerce,,,,,https://www.emerald.com/insight/content/doi/10.1108/eb026009/full/html https://research.tees.ac.uk/ws/files/6489931/115498.pdf http://core.ac.uk/display/9440310 https://research.tees.ac.uk/en/publications/ecommerce-security-the-birth-of-technology-the-death-of-common-se https://www.emerald.com/insight/content/doi/10.1108/eb026009/full/pdf https://core.ac.uk/download/pdf/196169128.pdf,http://dx.doi.org/10.1108/eb026009,,10.1108/eb026009,2040337847,,0,136-638-908-385-698,3,true,cc-by-nc-nd,green
038-127-379-838-489,‘Notice and staydown’ and social media: amending Article 13 of the Proposed Directive on Copyright,2018-05-29,2018,journal article,"International Review of Law, Computers & Technology",13600869; 13646885,Informa UK Limited,United Kingdom,Felipe Romero-Moreno,This paper critically assesses the compatibility of content recognition and filtering technology or so-called notice and staydown approach with the right of social network platforms and users to a ...,33,2,187,210,Internet privacy; Business; Human rights; Right to a fair trial; Directive; Notice; Freedom of expression; Social media; Compatibility (mechanics),,,,University of Hertfordshire,https://doi.org/10.1080%2F13600869.2018.1475906 https://www.tandfonline.com/doi/pdf/10.1080/13600869.2018.1475906 https://www.tandfonline.com/doi/full/10.1080/13600869.2018.1475906 https://uhra.herts.ac.uk/handle/2299/21370 https://core.ac.uk/download/287581740.pdf,http://dx.doi.org/10.1080/13600869.2018.1475906,,10.1080/13600869.2018.1475906,2805314473,,0,007-495-487-982-028; 162-713-482-790-417,4,true,cc-by,hybrid
038-149-172-697-145,Kimble v. Marvel: A Misconceived Affirmation,2020-01-01,2020,journal article,Christ University Law Journal,22784322,Christ University Bangalore,,Aditya Gupta,"A clause in a patent license agreement which requires the licensee to continuously render royalty payments even after the intellectual property rights have expired has been a very controversial issue in practice. With the infamous United States Supreme Court Ruling of Brulotte v. Thys, and its subsequent affirmation in the case of Kimble v. Marvel, the legality of continued royalties seems to be a settled provision of law in the American Jurisprudence. However, the judgement rendered in the case of Kimble v. Marvel begs the question as to whether the affirmation was by reason of sound judicial interpretation or the coercion of stare decisis. The interplay between the rule of reason and the per se rule on one hand, with that of the patent misuse theory on the other, was alarmingly unclear. The three were presented as being so closely related that the two distinct dynamics of law could very well be addressed as excessive legislation on the same subject-matter. The present research seeks to analyze the 2015 ruling of Kimble v. Marvel, without the interference of stare decisis and defines the contours under which the judgement was rendered (patent law or anti-trust). Most importantly, the paper will assess the Indian jurisprudential stand with reference to continued royalties, both within patent law and the competition law.",9,1,1,20,Political science; Law and economics; Rule of reason; Supreme court; Licensee; Judicial interpretation; Patent misuse; Intellectual property; Principle of legality; Jurisprudence,,,,,http://journals.christuniversity.in/index.php/culj/article/download/2205/1763 http://journals.christuniversity.in/index.php/culj/article/view/2205 https://core.ac.uk/download/287343561.pdf,http://dx.doi.org/10.12728/culj.16.1,,10.12728/culj.16.1,3012636915,,0,042-973-206-633-036; 065-355-591-087-137; 072-082-964-447-872; 073-374-174-147-550; 133-919-231-650-307; 148-572-557-371-556; 157-507-852-642-203; 161-274-564-404-93X; 189-140-312-705-149,0,true,,gold
038-156-012-964-246,The Dubai Electronic Transactions Statute: A Prototype for E‐Commerce Law in the United Arab Emirates and the G. C. C. Countries,2007-06-01,2007,journal article,Journal of Economic and Administrative Sciences,10264116,Emerald,,Stephen E. Blythe,"Dubai’s Electronic Transactions Law (“ETL”) is designed to stimulate E‐commerce in the emirate by improving the authenticity and integrity of electronic transactions. The ETL recognizes the legal validity of electronic documents and electronic signatures as acceptable substitutes for paper documents and ink signatures, respectively. Accordingly, electronic records may be used to comply with a statutory writing requirement, original document requirement and retention requirement, and an electronic signature attached to an electronic document may be used to comply with a statutory requirement for a paper‐and‐ink signature. If all parties are in agreement, a contract may be in electronic form and is just as legally enforceable as a written one. The ETL does not mandate Dubai’s governmental agencies to utilize electronic documents, but they may elect to do so. The ETL has created a compulsory system of licensing of Certification Authorities (“CA”). Their role is to ascertain the identity of a subscriber and to attest in an issued Certificate that the electronic signature used by that subscriber belongs to him. The ETL contains a list of computer crimes. The statute establishes a sound framework for E‐commerce, but it could be improved by adding consumer protections, more computer crimes, mandatory Egovernment, I.T. courts and long‐arm jurisdiction. The ETL’s exclusion of wills should be eliminated.",23,1,1,23,Business; Statutory law; Statute; Electronic signature; Law; Jurisdiction; Electronic document; Certification; E-commerce; Certificate,,,,,https://econpapers.repec.org/RePEc:eme:jeaspp:v:23:y:2007:i:1:p:1-23 https://ideas.repec.org/a/eme/jeaspp/v23y2007i1p1-23.html https://www.emerald.com/insight/content/doi/10.1108/10264116200700004/full/html https://www.emeraldinsight.com/doi/abs/10.1108/10264116200700004,http://dx.doi.org/10.1108/10264116200700004,,10.1108/10264116200700004,2140205421,,0,028-846-097-756-491; 041-186-207-992-197; 049-890-527-275-613; 087-111-795-458-128; 095-312-645-328-900; 097-837-016-381-156; 123-698-281-670-825; 133-508-957-094-278; 138-810-299-142-643,5,false,,
038-370-529-027-922,The Relation of Federal and State Securities Laws,,1937,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Russell A. Smith,"State ""Blue Sky"" laws antedated by more than twenty years the Securities Act of I933 and the Securities Exchange Act of I934. At the time of the passage of those Acts every state but one had on its statute books legislation relating to the sale of securities. The entrance of the federal government upon the field did not result in a repeal of any of the state laws. Such laws remain extant and their administration has, if anything, received renewed vitality from the prevailing public interest in the regulation of transactions in securities. It is pertinent to examine briefly into the scope of the federal and state laws, to determine the extent to which they are concurrently applicable, and to ascertain the need, if any, for correlation of the regulatory functions of the federal and state governments. State ""Blue Sky"" laws differ widely, evincing a lack of uniformity both in objective and in means for attaining similar objectives. It is apparently the policy of some states, as disclosed by their statutes, the administration thereof, or both, not only to prevent fraud by requiring factual disclosures and establishing penalties for misrepresentation and deceit, but also to prevent the sale of certain securities (on the theory, perhaps, that they are unsound or per se fraudulent) or the sale of any securities on terms not considered fair.t Other states, less paternalistic in this respect,",4,2,241,255,Business; Government; Statute; Law; State (polity); Public interest; Legislation; Misrepresentation; Administration (probate law); Repeal,,,,,https://www.jstor.org/stable/1189539 https://scholarship.law.duke.edu/lcp/vol4/iss2/6/ https://paperity.org/p/84902175/the-relation-of-federal-and-state-securities-laws https://www.jstor.org/pss/1189539 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1858&context=lcp https://core.ac.uk/download/62558638.pdf,http://dx.doi.org/10.2307/1189539,,10.2307/1189539,1565919233,,0,,1,true,,green
038-405-406-464-353,"Congress, the Supreme Court, and the Quiet Revolution in Administrative Law",1988-11-01,1988,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Sidney A. Shapiro; Robert L. Glicksman,,37,5,819,878,Precedent; Political science; Public law; Law; QUIET; Supreme court; Delegated legislation; Certiorari; Administrative law,,,,,http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3049&context=dlj https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3049&context=dlj https://core.ac.uk/download/62549745.pdf,http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3049&context=dlj,,,1578200593,,0,,10,true,,
038-417-744-146-970,Study on the Current Situation of Information Security and Countermeasures in China,,2011,journal article,Energy Procedia,18766102,Elsevier BV,,Luo Yixin,"Abstract By applying lots of facts and data, the current situations of the information security in our country have been elaborated with both the introduction of the advanced technology of information security in developed countries and the presentation of various problems in the following aspects in China to be solved further with great effort like EGovernment, the Certification System of the E-Business Security, training personnel in information security, some leaders’ weak consciousness of security in the units concerned and incomplete laws and regulations as well as the analysis of main reasons for those problems with the relative counter-measures suggested.",5,,392,396,Security information and event management; Security through obscurity; Business; Information security management; Certified Information Security Manager; Cloud computing security; Security service; Computer security; Security convergence; Information security,,,,,https://core.ac.uk/display/81122097 https://www.sciencedirect.com/science/article/abs/pii/S1876610211010034 https://www.sciencedirect.com/science/article/pii/S1876610211010034 https://core.ac.uk/download/pdf/81122097.pdf,http://dx.doi.org/10.1016/j.egypro.2011.03.067,,10.1016/j.egypro.2011.03.067,2073737657,,0,,7,true,cc-by-nc-nd,gold
038-422-044-554-398,The Employment Contracts Act 1991: an employers charter?,1970-01-01,1970,journal article,New Zealand Journal of Industrial Relations,01100637,Victoria University of Wellington Library,,Gordon Anderson,"The Employment ~Contracts Act 1991 radically alters the system of labour law in New Zealand by moving its focus from the collective to the individual level, and the locus from the industry or occupation to the individual employing enterprise. At the same time, the Act significantly shifts the balance of bargaining power further towards employers. The Act also alters the nature of labour law in 2 significant ways: it abandons the system of registered awards enforceable in their own right and instead opts for enforcement through the law of contract, albeit with separate procedures, and it brings all employment contracts within the new regime. This article covers the nature of the changes to the bargaining system and the implications of moving to a labour law reg.ime based entirely on contract.",16,2,,,Labour law; Labour economics; Economics; Charter; Enforcement; Individual level; Bargaining power; United States labor law,,,,,https://ojs.victoria.ac.nz/nzjir/article/download/3104/2759 https://core.ac.uk/download/pdf/229715351.pdf,http://dx.doi.org/10.26686/nzjir.v16i2.3104,,10.26686/nzjir.v16i2.3104,1913449242,,0,,16,true,,gold
038-721-659-334-084,Proposed Modifications in the Patent System,,1947,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,William H. Davis,,12,4,796,806,Systems engineering; Patent system; Computer science,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2334&context=lcp https://scholarship.law.duke.edu/lcp/vol12/iss4/9/ https://core.ac.uk/display/62557666 https://core.ac.uk/download/62557666.pdf,http://dx.doi.org/10.2307/1190135,,10.2307/1190135,1569828265,,0,,0,true,,green
038-761-265-325-448,"Title III at a Crossroads: The Ordinary Course of Business in the Home, the Consent of Children, and Parental Wiretapping",,1993,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,David J. Anderman,,141,6,2261,,Psychology; Law; Title III; Course (navigation),,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3672&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol141/iss6/2/ https://core.ac.uk/display/151686415 https://core.ac.uk/download/151686415.pdf,http://dx.doi.org/10.2307/3312495,,10.2307/3312495,1849581612,,0,,0,true,,green
038-838-945-034-532,Federal Anti-Theft Legislation,,1934,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Jerome Hall,"Two principal points of view dominate interpretations of social phenomena. On the one hand emphasis is placed upon impersonal, dynamic forces-the ""conditions"" of life, which, at any particular moment, appear to be unmodifiable by human design in any appreciable degree. Many aspects of the environment, the needs of the biological organism, and a whole congeries of habitual, general and standardized human behavior (the ""institutions"")-all seem to hold us in a vise from which there is no immediate escape. On the other hand, one may emphasize the efforts of man to control, to direct, and to modify his course of life, and the immediately recognizable effect of such behavior. The relative importance given to each type of phenomena depends upon many factors. The nature of the issues insures their survival into the indefinite future. Laws, like other social phenomena, fall into these two molds. Thus we can regard any enactment as a ""normal"" manifestation of a particular culture. Existing conditions and institutions-social, political, economic, religious, and so forth-produce certain expected forms of law. These institutions must be conceived of as operating according to universal laws of causation; any phenomenon, viewed in this light, is a necessary effect. Contemporary penal legislation in this country will, accordingly, be the result (and reflection) of beliefs in freedom of the will arising from prevalent religious and philosophic views, of assumptions regarding deterrence by punishment, of our social and economic organization, and so forth. The other interpretation requires an evaluation of any law as an instrument of policy, a deliberate effort to direct certain aspects of human affairs wisely. Obviously, certain standards must exist, avowed or implicit, by reference to which a judgment can be made regarding the wisdom or unwisdom of any particular law. Unfortunately, however, in the field of law, the necessary standards are, for the most part,",1,4,424,434,Universal law; Causation; Political science; Law and economics; Law; Legislation; Punishment (psychology); Phenomenon; Interpretation (philosophy); Deterrence theory; Politics,,,,,https://www.repository.law.indiana.edu/facpub/1364 https://www.jstor.org/stable/1189658 https://scholarship.law.duke.edu/lcp/vol1/iss4/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1725&context=lcp https://core.ac.uk/display/62558889 https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2364&context=facpub https://core.ac.uk/download/62558889.pdf,http://dx.doi.org/10.2307/1189658,,10.2307/1189658,1591881034,,0,,1,true,,green
039-114-063-256-558,The Impact of Privacy Laws on Online User Behavior,,2020,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Julia Schmitt; Klaus Miller; Bernd Skiera,"Policymakers worldwide draft privacy laws that require trading-off between safeguarding; consumer privacy and preventing economic loss to companies that use consumer data.; However, little empirical knowledge exists as to how privacy laws affect companies’; performance. Accordingly, this paper empirically quantifies the effects of the enforcement of; the EU’s General Data Protection Regulation (GDPR) on online user behavior over time,; analyzing data from 6,286 websites spanning 24 industries during the 10 months before and; 18 months after the GDPR’s enforcement in 2018. A panel differences estimator, with a; synthetic control group approach, isolates the short- and long-term effects of the GDPR on; user behavior. The results show that, on average, the GDPR’s effects on user quantity and; usage intensity are negative; e.g., the numbers of total visits to a website decrease by 4.9%; and 10% due to GDPR in respectively the short- and long-term. These effects could translate; into average revenue losses of $7 million for e-commerce websites and almost $2.5 million; for ad-based websites 18 months after GDPR. The GDPR’s effects vary across websites, with; some industries even benefiting from it; moreover, more-popular websites suffer less,; suggesting that the GDPR increased market concentration.",,,,,Internet privacy; Privacy law; Business; Privacy laws of the United States; Revenue; Consumer privacy; Market concentration; Enforcement; Consumer protection; General Data Protection Regulation,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3774110,http://dx.doi.org/10.2139/ssrn.3774110,,10.2139/ssrn.3774110,3144602181,,0,,2,true,,green
039-116-849-289-14X,Ghanaian Consumers’ Online Privacy Concerns: Causes and its Effects on E-Commerce Adoption,,2017,journal article,International Journal of Advanced Computer Science and Applications,21565570; 2158107x,The Science and Information Organization,,Eric Tutu Tchao; Kwesi Diawuo; Christiana Selorm Aggor; Seth Djane Kotey,"Online privacy has gradually become a concern for internet users over the years as a result of the interconnection of customers’ devices with other devices supporting the internet technology. This research investigates and discusses the factors that influence the privacy concerns faced by online consumers of internet services and the possible outcomes of these privacy concerns on the African online market with Ghana being the primary focus. Results from this study indicated that only 10.1% of respondents felt that the internet was safe for purchase and payment transaction in Ghana. However, respondents were willing to shop online if e-Commerce was the only means of getting their products. Respondents also had a high sense of perceived vulnerability and their perceived vulnerability to unauthorized data collection and misuse of personal information could affect Ghanaian e-Commerce platform adoption. The perceived ability of users of e-Commerce platforms in Ghana to control data collection and its subsequent use by other third parties was also found to negatively impact customers’ willingness to wholly transact and share their personal information online. The perceived vulnerability was found to be affected by the high levels of internet illiteracy whiles the perceived ability to control the collection of information and use was influenced by both the internet literacy level as well as the level of social awareness of the Ghanaian internet consumer.",8,11,,,Internet privacy; The Internet; Personally identifiable information; Control (management); Affect (psychology); Computer science; E-commerce,,,,,https://thesai.org/Publications/ViewPaper?Volume=8&Issue=11&Code=IJACSA&SerialNo=20 https://dblp.uni-trier.de/db/journals/corr/corr1801.html#abs-1801-01086 https://thesai.org/Downloads/Volume8No11/Paper_20-Ghanaian_Consumers_Online_Privacy_Concerns.pdf https://arxiv.org/abs/1801.01086 https://arxiv.org/pdf/1801.01086 https://ui.adsabs.harvard.edu/abs/2018arXiv180101086T/abstract http://arxiv.org/abs/1801.01086,http://dx.doi.org/10.14569/ijacsa.2017.081120,,10.14569/ijacsa.2017.081120,2771577103,,0,012-897-630-681-520; 025-590-976-199-673; 130-749-674-951-653,2,true,cc-by,hybrid
039-154-963-546-776,Broadcasting and the Antitrust Laws,,1957,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Victor R. Hansen,"Current questions of monopolization and restraints in the radio and television broadcasting industry have aroused serious interest and study on many sides. To review the role of the Justice Department's Antitrust Division in the study of such questions is the purpose of this article. By a series of interrelated statutes, Congress has marked out government responsibilities, on the one hand, for antitrust enforcement and, on the other, for regulation of broadcasting activities. Section four of the Sherman Act leaves enforcement of that law to ""the direction of the Attorney General.""' And section 15 of the Clayton Act imposes a like responsibility on the Department of Justice.2 The Federal Communications Commission, in contrast, has no power to enforce the Sherman Act and only limited authority, never thus far exercised, to enforce Clayton Act section seven against ""common carriers engaged in wire or radio communication or radio transmission of energy.""3 In the statutory framework, there would seem to be little basis for conflict regarding the responsibility for antitrust enforcement. More broadly, however, the Commission is obliged by statute to ""generally encourage the larger and more effective use of radio in the public interest.""4 While conceivably the public interest in broadcasting might have been served by stringent regulation, actually Congress adopted a different method. As the Supreme Court put it in FCC v. Sanders Bros. Radio Station,5 "". . . the Act recognizes that broadcasters are not common carriers to be dealt with as such. Thus the Act recognizes that the field of broadcasting is one of free competition."" With this in mind, former Commission Chairman McConnaughey, testifying before the Special Antitrust Subcommittee of the House Judiciary Committee, affirmed that the Commission ""has the obligation ... to maintain a system of broadcast compatible with the antitrust laws.""6 Underscoring the importance of competition, Congress did not see fit, for example, to grant the Federal Communications Commission power to give a broadcasting licensee any antitrust immunity.7 On the contrary, Congress directed the",22,4,572,583,Statutory law; Statute; Political science; Law; Public interest; Supreme court; Licensee; Enforcement; Monopolization; Broadcasting,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2731&context=lcp https://core.ac.uk/display/62556843 https://scholarship.law.duke.edu/lcp/vol22/iss4/4/ https://core.ac.uk/download/62556843.pdf,http://dx.doi.org/10.2307/1190366,,10.2307/1190366,1484857524,,0,,2,true,,green
039-182-750-174-92X,Does the internet eraser button for youth delete first amendment right of others,2017-07-25,2017,journal article,Revista de Investigações Constitucionais,23595639,Universidade Federal do Parana,,Jaclyn B. Kurin,"Will Facebook and similar posting sites soon come to an end from hefty civil fines and consent decrees? Is Internet discourse at risk? That may be the case if lawmakers succeed in passing the Do Not Track Kids Act.  As drafted, the law would require operators of children directed websites to include an eraser button to remove user posted content and would penalize mom and pop run sites unable to afford the financial and technological resources to comply with the mandate.  This Note argues that if enacted, the law would constitute a presumptively impermissible burden on Free Speech under the First Amendment and should be subject to strict scrutiny.",4,2,11,29,The Internet; Political science; Law; Scrutiny; Subject (documents); Do Not Track; Free speech; First amendment; Social media; Consent decree,,,,,https://dialnet.unirioja.es/descarga/articulo/6130184.pdf http://www.scielo.br/scielo.php?script=sci_abstract&pid=S2359-56392017000200011&lng=pt&tlng=pt http://www.scielo.br/pdf/rinc/v4n2/2359-5639-rinc-04-02-0011.pdf https://revistas.ufpr.br/rinc/article/view/50287 https://dialnet.unirioja.es/servlet/articulo?codigo=6130184 https://core.ac.uk/download/pdf/328078486.pdf,http://dx.doi.org/10.5380/rinc.v4i2.50287,,10.5380/rinc.v4i2.50287,2747329292,,0,,0,true,cc-by,gold
039-508-885-992-628,The Culture Variable Vis-à-Vis Anti-bribery Law: A Grey Area in Transnational Corporate Criminal Liability,2017-10-06,2017,journal article,European Business Organization Law Review,15667529; 17416205,Springer Science and Business Media LLC,Netherlands,Qingxiu Bu,"Cross-border transactions are generating corresponding globalisation of law enforcement efforts. Culture has significantly influenced the legal analysis of anti-bribery law. With the increase of transnational bribery, benefits from globalisation will be undermined unless an effective legal regime can mitigate the harm of bribery. It is perceived that corruption in China is more prevalent than in the West given its embedded place in Chinese culture. It is further alleged that Chinese multinational companies (MNCs) are taking advantage of an unlevel playing field, as they are not subject to stringently-enforced anti-bribery laws. This hypothesis creates a myriad of anti-bribery problems in terms of legislation and enforcement, which particularly manifest in China’s perceived cultural toleration of bribery. Cultural assumptions undermine the global anti-bribery regime and compromise potential collaborative anti-bribery efforts across jurisdictions in a rapidly globalizing world. The Chinese culture does not necessarily impede China’s criminalisation of paying bribes to foreign officials. It is argued that the cultural role should not be overestimated, otherwise the hazard of the ethnocentric engagement with the Chinese culture would affect the ability of foreign MNCs to integrate their global compliance programmes. Multinationals can only mitigate their exposure to criminal liability globally, provided that they comply robustly with anti-bribery laws of both home and host jurisdictions.",19,1,183,213,Multinational corporation; Economics; Law; Corruption; Globalization; Legislation; Harm; Chinese culture; Enforcement; Law enforcement,,,,,https://link.springer.com/article/10.1007/s40804-017-0089-8 https://link.springer.com/content/pdf/10.1007/s40804-017-0089-8.pdf https://rd.springer.com/article/10.1007/s40804-017-0089-8 http://sro.sussex.ac.uk/id/eprint/74150/ https://core.ac.uk/download/151210115.pdf,http://dx.doi.org/10.1007/s40804-017-0089-8,,10.1007/s40804-017-0089-8,2762395504,,0,001-223-913-733-095; 001-671-538-746-597; 003-675-019-479-758; 009-109-825-003-078; 011-282-441-646-286; 014-292-357-167-731; 014-677-600-612-928; 023-890-446-098-172; 024-098-341-838-231; 027-533-954-634-007; 028-212-187-568-887; 028-297-667-093-265; 032-438-247-629-87X; 033-146-931-395-151; 038-081-765-313-727; 039-752-604-035-691; 040-138-187-257-423; 046-507-518-681-931; 049-263-200-515-635; 054-424-089-743-802; 054-753-114-590-666; 056-776-099-249-228; 057-275-757-192-018; 059-565-959-913-643; 061-622-380-236-460; 065-751-699-405-787; 067-221-791-852-912; 069-363-848-846-940; 073-294-835-908-610; 077-224-663-824-972; 087-000-041-101-729; 093-985-486-397-856; 094-639-270-674-134; 098-655-615-471-97X; 100-995-705-734-746; 105-017-842-514-496; 113-930-407-574-355; 118-495-067-785-997; 118-939-223-830-150; 125-953-251-063-15X; 136-912-302-324-857; 137-365-073-092-728; 139-029-873-243-977; 147-285-118-091-108; 152-791-742-730-949; 154-545-130-114-44X; 161-297-208-894-831; 166-873-120-327-108; 169-002-424-673-742; 169-999-405-158-734; 170-266-391-609-051; 171-634-092-833-929; 172-952-062-738-138; 173-219-131-984-231; 184-625-337-623-194; 186-324-864-013-13X; 188-118-593-870-361; 192-128-541-016-415,2,true,cc-by,hybrid
039-528-930-993-936,The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination,2004-04-26,2004,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Sabrina M. Sudol,"Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an issue resolved through arbitration to be granted preclusive effect in subsequent litigation in the United States, the proponent must also satisfy the traditional requirements of collateral estoppel. In this way, the Convention’s reach is not quite as expansive as a party might expect, for the ensuing judicial analysis often involves complex questions of law and fact while maintaining respect for the favored status of international commercial arbitration. The result is far from per se preclusivity.",65,4,,,Business; Arbitration; Law; Order (business); Collateral estoppel; Enforcement; Expansive; Convention,,,,,http://lawreview.law.pitt.edu/ojs/lawreview/article/view/9 http://d-scholarship.pitt.edu/17900/ http://lawreview.law.pitt.edu/ojs/index.php/lawreview/article/download/9/9 https://core.ac.uk/download/12214732.pdf,http://dx.doi.org/10.5195/lawreview.2004.9,,10.5195/lawreview.2004.9,1967824862,,0,,2,true,cc-by-nc-nd,hybrid
039-703-256-075-644,"Enforcement, Recognition, and Compliance with OADR Outcome(s)",,2007,journal article,"International Review of Law, Computers & Technology",13600869; 13646885,Informa UK Limited,United Kingdom,Haitham A. Haloush,"Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of enforcement, recognition and compliance with online alternative dispute resolution (OADR) is essential. However, in analysing enforcement, recognition and compliance with OADR, one must contemplate primarily the value of fair process which OADR solutions are subject to, and the value of efficiency which OADR solutions are seen to achieve. without which the OADR outcome(s) will be cast in doubt. Clearly, there is no point in discussing applicable remedies to internet disputes without promoting at the same time appropriate enforcement mechanisms. From this perspective, OADR could be viewed as an exercise in futility if there is no efficient mechanism in place to enforce the outcome(s). Indeed, access to justice is only meaningful where the outcome(s) of the OADR proceedings can be enforced. Enforcement of OADR outcome(s) poses no problem when it is in the interest of both parties to fulfil their agreement. However, the enforcement difficulties associated with global networks may suggest that enforcement can be best achieved through technological measures. In fact, where small amounts of money are involved, as it is the case in most internet disputes, and where an e-business, most probably, will have no assets within the jurisdictional reach of the internet user, providing some other means to minimise the problem of enforceability, such as technological measures, becomes pressing. In advancing this issue, this article will find out whether the internet itself, without governmental back up effort, can be viewed as an effective enforcement tool in cyberspace. However, accountability in OADR may be based around institutional arrangements and not the medium, i.e., the internet. Consequently, where appropriate, this article will proceed to discuss the governmental role in OADR enforcement through its court system, since enforcement in OADR schemes might depend on having a contract or award that would be recognised by a court of law. This article concludes that at present, enforceability of outcome(s) is the weakest point of OADR procedures. Thus, it is important to recognise that in the modernisation of the ADR procedures in the form of OADR, one must take care not to diminish its legality.",21,2,81,96,The Internet; Global network; Economic Justice; Alternative dispute resolution; Business; Law and economics; Law; Accountability; Enforcement; Cyberspace; Principle of legality,,,,,https://www.tandfonline.com/doi/full/10.1080/13600860701492088,http://dx.doi.org/10.1080/13600860701492088,,10.1080/13600860701492088,1985670365,,0,,1,false,,
039-760-151-902-325,Arbitration in South America-with Special Regard to the Appointment and Challenge of the Arbitrator,,2009,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Ádám Boóc,"The present study discusses some important questions on arbitration in Latin-America focusing on the issue of appointment and challenge of arbitrators. The author attempts to describe some characteristic features of arbitration in Latin-America paying particular attention to the impact of the Calvo Doctrine and Calvo Clause. The author also discusses the significance of the so-called compromiso (or in Portuguese: compromisso). The author gives a detailed analysis on the appointment and challenge of arbitrators in the legal system of Argentina, Brazil, Chile and Mexico, highlighting also some leading cases in this issue. The study enumerates some important arbitration institutes in these countries, as well. The author puts emphasis on introducing the legal regulation on arbitration of the foregoing countries taking into consideration the legal tradition, which might have significant influence on the present legislation and legal practice, as well. As the law on arbitration in some of the foregoing countries in many aspects follow the regulations of UNCITRAL Model Law, the author tries to compare the analyzed acts with the UNCITRAL Model Law, which served and serves as a guideline for arbitration law in several countries of Latin America.",50,2,177,211,Latin Americans; Arbitration; Compulsory arbitration; Political science; Law; Calvo Doctrine; Legislation; Portuguese; Legal practice,,,,,https://akjournals.com/view/journals/026/50/2/article-p177.xml http://real.mtak.hu/44717/ https://core.ac.uk/download/78476288.pdf,http://dx.doi.org/10.1556/ajur.50.2009.2.3,,10.1556/ajur.50.2009.2.3,2058735888,,0,,0,true,,green
039-875-204-434-634,Enforcement of Air Safety Regulations,,1947,journal article,Journal of Air Law and Commerce,00218642,,,Richard E. Elwell,,14,3,318,,Finance; Business; Enforcement; Air safety,,,,,http://scholar.smu.edu/cgi/viewcontent.cgi?article=3347&context=jalc,,,,2771021376,,0,,0,false,,
039-900-106-438-991,Interpreting the Thirteenth Amendment,,2009,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Alexander Tsesis,"This article develops a pragmatic proposal for passing federal civil rights statutes pursuant to the Thirteenth Amendment. It begins with an analysis of Supreme Court precedents and turns to the amendment's contemporary applications. I am particularly concerned here with developing a legislative approach that will cautiously build on Supreme Court jurisprudence to identify the scope of congressional enforcement authority.The Thirteenth Amendment provides the federal government with the power to enact legislation that criminalizes certain private acts of discrimination. Congress may pass necessary and proper laws that can reasonably be expected to end subordinating infringements against individual rights. In significant circumstances, several of which are discussed here, the Thirteenth Amendment covers anti-social behavior that is beyond the scope of the Fourteenth Amendment and Commerce Clause, even though these two are more commonly relied on for civil rights enforcement. Given the sparseness of Thirteenth Amendment precedents, broadening its reach is more likely to succeed through incremental policymaking. This step-by-step strategy is analogous to the NAACP’s successful approach to litigation in the Fourteenth Amendment area. If this initial, pragmatic effort succeeds in the courts, Congress can later be more expansive in passing laws against discrimination targeting a range of identifiable groups.",,,,,Substantive due process; Sociology; Statute; Privacy laws of the United States; Law; Supreme court; Commerce Clause; Enforcement; Legal history; Jurisprudence,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1448852 https://core.ac.uk/display/151684999 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1448852_code885226.pdf?abstractid=1448852&mirid=1 https://core.ac.uk/download/151684999.pdf,http://dx.doi.org/10.2139/ssrn.1448852,,10.2139/ssrn.1448852,1556730299,,0,030-602-705-013-482; 041-990-460-518-277; 048-842-183-754-828; 107-719-333-871-793; 110-796-163-769-223,0,true,cc-by-nc-nd,green
039-997-227-049-179,Delivery dilemmas: How drug cryptomarket users identify and seek to reduce their risk of detection by law enforcement,2017-01-11,2017,journal article,The International journal on drug policy,18734758; 09553959,Elsevier,Netherlands,Judith Aldridge; Rebecca Askew,"Abstract Background Cryptomarkets represent an important drug market innovation by bringing buyers and sellers of illegal drugs together in a ‘hidden' yet public online marketplace. We ask: How do cryptomarket drug sellers and buyers perceive the risks of detection and arrest, and attempt to limit them? Methods We analyse selected texts produced by vendors operating on the first major drug cryptomarket, Silk Road (N=600) alongside data extracted from the marketplace discussion forum that include buyer perspectives. We apply Fader's (2016) framework for understanding how drug dealers operating ‘offline' attempt to reduce the risk of detection and arrest: visibility reduction, charge reduction and risk distribution. Results We characterize drug transactions on cryptomarkets as ‘stretched' across time, virtual and physical space, and handlers, changing the location and nature of risks faced by cryptomarket users. The key locations of risk of detection and arrest by law enforcement were found in ‘offline' activities of cryptomarket vendors (packaging and delivery drop-offs) and buyers (receiving deliveries). Strategies in response involved either creating or disrupting routine activities in line with a non-offending identity. Use of encrypted communication was seen as ‘good practice' but often not employed. ‘Drop shipping' allowed some Silk Road vendors to sell illegal drugs without the necessity of handling them. Conclusion Silk Road participants neither viewed themselves as immune to, nor passively accepting of, the risk of detection and arrest. Rational choice theorists have viewed offending decisions as constrained by limited access to relevant information. Cryptomarkets as ‘illicit capital' sharing communities provide expanded and low-cost access to information enabling drug market participants to make more accurate assessments of the risk of apprehension. The abundance of drug market intelligence available to those on both sides of the law may function to speed up innovation in illegal drug markets, as well as necessitate and facilitate the development of law enforcement responses.",41,,101,109,Internet privacy; Rational choice theory; Business; Law; Key (cryptography); Drop shipping; Law enforcement; Apprehension; Function (engineering); Ask price; Capital (economics),Cryptomarkets; Darknet drug markets; Drug dealing; Drug markets; Law enforcement; Rational choice theory; Risk reduction; Risk taking,Commerce/economics; Drug Trafficking/economics; Humans; Illicit Drugs/economics; Internet; Law Enforcement; Risk,Illicit Drugs,,https://www.ncbi.nlm.nih.gov/pubmed/28089207 https://e-space.mmu.ac.uk/618935/ https://www.sciencedirect.com/science/article/pii/S0955395916303140 https://www.research.manchester.ac.uk/portal/files/71778685/Delivery_Dilemmas_2017_with_pages.pdf https://www.research.manchester.ac.uk/portal/en/publications/delivery-dilemmas-how-drug-cryptomarket-users-identify-and-seek-to-reduce-their-risk-of-detection-by-law-enforcement(2a239f22-5653-49e6-b38a-6250ca3eb0b9)/export.html https://www.sciencedirect.com/science/article/abs/pii/S0955395916303140 https://www.ijdp.org/article/S0955-3959(16)30314-0/fulltext https://pubmed.ncbi.nlm.nih.gov/28089207/ https://core.ac.uk/display/74198658 https://europepmc.org/article/MED/28089207 https://core.ac.uk/download/161892224.pdf,http://dx.doi.org/10.1016/j.drugpo.2016.10.010,28089207,10.1016/j.drugpo.2016.10.010,2579234806,,0,001-821-280-639-575; 003-039-839-603-091; 003-917-031-319-553; 006-473-382-339-438; 009-359-087-297-300; 010-063-087-128-462; 013-703-514-620-956; 025-007-994-000-946; 025-681-690-344-55X; 035-623-064-902-654; 036-017-956-625-417; 039-183-999-810-949; 041-190-252-928-866; 044-350-905-559-113; 047-114-768-984-475; 047-681-866-306-281; 049-233-722-795-745; 053-783-056-644-451; 055-102-291-211-660; 055-249-339-598-38X; 056-643-181-988-012; 057-347-576-623-093; 063-256-453-264-186; 065-046-121-219-44X; 071-353-020-251-034; 072-497-552-630-915; 073-587-871-048-75X; 078-617-205-900-548; 082-699-669-916-042; 085-676-849-933-701; 092-269-157-286-414; 093-178-658-764-94X; 095-718-973-195-713; 097-762-927-624-004; 098-422-041-260-358; 099-133-656-546-85X; 125-565-282-820-323; 128-878-277-574-742; 135-310-755-062-963; 135-636-930-535-79X; 141-443-490-534-860; 152-995-298-053-690; 161-183-586-009-566; 184-238-232-440-818; 186-635-379-735-970,75,true,cc-by-nc-nd,hybrid
040-200-125-345-73X,A PROPOSED FRAMEWORK FOR THE DEVELOPMENT OF LEGISLATION ON ORGANIZED CRIME AND DRUGS AND ITS IMPLICATIONS FOR THE EGYPTIAN SOCIETY,2016-09-01,2016,journal article,Journal of Environmental Science,26363178,Egypts Presidential Specialized Council for Education and Scientific Research,,Nail E. E; Abd El-bast F. W; Abd El-Aziz M. A,"Organized crime and illicit drug trafficking have become a direct threat to the state system. They have weakened and destroyed economic and social institutions. Political and economic changes have contributed to the increase in transnational criminal organizations, especially in the context of economic globalization and great revolution in communications and transportation as well as practicing organized crime. Hence, the term transnational organized crime has been launched and has led to emergence of serious criminal organizations at the international level which rely on the system and strategy of alliances to dominate countries, making it one of the biggest challenges, whether developed or developing. The aim of the study is to develop legislation related to organized crime and narcotics to limit its impact on the Egyptian society, by exposing the nature of the drug problem, defining the concept of legislation and organizing crime, identifying shortages in order to find out the most important modifications that can be added and identifying scientific vision round most important rules of modification in order to cut the spread of drugs, and their implications. The study focused on subjects work at drugs’ control. It consists of three hundred individuals divided as follows: (100) one hundred members of the judiciary and the Public Prosecution, and (100) one hundred police officers involved in law enforcement and combating organized crime and drugs, and (100) one hundred members of customs and borders areas as in ports and airports. The study is based on the descriptive approach that is considered as one of the most appropriate scientific curricula for the nature of the study, its objectives and its inquiries. The study used social survey for the sample whom concerned with applying and enforcing the law through questionnaires and codified interviews, in order to obtain data that can be analyzed, interpreted and distributed to answer the questions of the study and achieve its objectives.",35,2,627,650,Descriptive research; General Social Survey; Political science; Organised crime; Legislation; Context (language use); Law enforcement; Public relations; Economic globalization; Politics,,,,,https://jes.journals.ekb.eg/article_28066_7cdde3f57942b97821b4537c856c8051.pdf http://jes.journals.ekb.eg/article_28066.html https://jes.journals.ekb.eg/article_28066.html,http://dx.doi.org/10.21608/jes.2016.28066,,10.21608/jes.2016.28066,3170787998,,0,,0,true,,bronze
040-337-347-390-998,Legal and Economic Aspects of Competition,,1960,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Mark S. Massel,,9,2,157,195,Economics; Competition (economics); Market economy,,,,,https://core.ac.uk/display/62552492 https://scholarship.law.duke.edu/dlj/vol9/iss2/1/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1708&context=dlj https://core.ac.uk/download/62552492.pdf,https://core.ac.uk/display/62552492,,,1560141532,,0,,1,true,,
040-495-756-098-262,Tripping on the Threshold: Federal Courts’ Failure to Observe Controlling State Law Under the Federal Arbitration Act,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Charles Davant,,51,1,521,560,Business; Arbitration; Compulsory arbitration; Law; Negotiation; Concurrent powers; Federal Arbitration Act; Tripping; State law; Federalism,,,,,https://core.ac.uk/display/62548929 https://scholarship.law.duke.edu/dlj/vol51/iss1/14/ https://core.ac.uk/download/62548929.pdf,http://dx.doi.org/10.2307/1373242,,10.2307/1373242,2113283673,,0,,0,true,,green
040-624-875-068-769,The Problem of Fugitive Felons and Witnesses,,1934,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Harry S. Toy; Edmund E. Shepherd,"On January II, 1934, the Honorable Royal S. Copeland, United States Senator from the State of New York, as chairman of the subcommittee of the Committee on Commerce, popularly known as the ""Committee on 'Racketeering,""' and subsequently designated the ""Committee on Crime and Criminal Practices,"" of which Senators Vandenberg of Michigan and Murphy of Iowa are also active members, introduced for the committee some thirteen bills, all of which were designed to close gaps in existing federal laws, and to render more difficult the activities of predatory criminal gangs of the Kelly and Dillinger types. Of these bills, eleven have become law, and some 30 others, of like origin and purpose, remain to be considered by the Congress at its coming session.1 Among the bills adopted by the 73rd Congress, with which this article will deal, is Public Act No. 233, approved by the President May i8, I934,entitled, ""An Act making it unlawful for any person to flee from one state to another for the purpose of avoiding prosecution or the giving of testimony in certain cases."" This legislative measure, containing one section, provides:",1,4,415,423,Political science; Law; State (polity); Section (typography); Racketeering; Legislature,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1724&context=lcp https://core.ac.uk/display/62558886 https://scholarship.law.duke.edu/lcp/vol1/iss4/3/ https://www.jstor.org/stable/1189657 https://core.ac.uk/download/62558886.pdf,http://dx.doi.org/10.2307/1189657,,10.2307/1189657,1535231714,,0,,5,true,,green
040-644-820-952-475,THE STUDY REGARDING CORRUPTION CARRIED OUT BY THE WORLD BANK,2014-02-04,2014,journal article,Agora International Journal of Juridical Sciences,20677677; 1843570x,Agora University of Oradea,,William Gabriel Brînză,"For a long period of time, corruption was accepted as being an inevitable fact of life. Corruption in the 27 EU member states undermines citizens' fundamental rights, good governance and the rule of law. In 2000, the World Bank carried out a study about corruption at the request of the Romanian Government. The elaboration process and the implementation of an anticorruption strategy depend on the state’s politics and priorities.",8,1,7,10,Romanian; Political economy; Government; Political science; Corruption; State (polity); Rule of law; Good governance; Politics; Fundamental rights,,,,,http://univagora.ro/jour/index.php/aijjs/article/view/959 http://univagora.ro/jour/index.php/aijjs/article/download/959/216 https://core.ac.uk/download/pdf/236051147.pdf,http://dx.doi.org/10.15837/aijjs.v8i1.959,,10.15837/aijjs.v8i1.959,2994171875,,0,,0,true,,bronze
040-919-902-732-548,Foreign Corporation Laws: Source and Support for Reform,,1969,journal article,Duke Law Journal,00127086,JSTOR,United States,William Laurens Walker,"The original reason for foreign corporation laws is lost; their conceptual foundation is largely discredited, and, at most, the present utility of this expanding and complex scheme is minimal. In the face of these conditions the author turned to a search for alternatives and found in the  mutual exemption  statutes of Quebec and Ontario significant steps toward foreign corporation law reform. In the following article the author investigates, with the aid of information obtained through personal interviews and field study, the success which the two Canadian provinces have achieved with their unique arrangement",1969,6,1145,,,,,,,https://core.ac.uk/download/62551382.pdf,http://dx.doi.org/10.2307/1371619,,10.2307/1371619,,,0,,0,true,,green
040-967-831-065-165,On the Use of Law in Transatlantic Relations: Legal Dialogues between the EU and US,2013-05-22,2013,journal article,European Law Journal,13515993; 14680386,Wiley,United Kingdom,Elaine Fahey,"Law plays a significant role in contemporary transatlantic relations outside of the bilateral context which, from the perspective of EU external relations law, might seem neither conventional nor apparent. Non-bilateral transatlantic relations increasingly deploy law as a communication tool between the two legal orders. For example, in 2011, the US intervened informally and anonymously in the formulation of EU legislation, while the US House of Representatives passed legislation to prohibit the impact of EU law upon the US legal order. Another example is constituted by EU amicus curiae submissions before the US Supreme Court in death penalty cases. The so-called Brussels effect is also the subject of recent scholarship, assessing the perceived spillover effect of EU regulatory standards onto US rules. The paper provides many vivid examples of the variable institutional and legal components of transatlantic relations not usually accounted for in scholarship on transatlantic relations.",20,3,368,384,Sociology; Order (exchange); Law; Transatlantic relations; Legislation; Scholarship; Supreme court; Subject (philosophy); Context (language use); House of Representatives,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2271243 https://dare.uva.nl/personal/pure/en/publications/on-the-use-of-law-in-transatlantic-relations-legal-dialogues-between-the-eu-and-us(4b1e5a5b-c3a1-41ac-8f6c-28a4a16f31ed).html https://dialnet.unirioja.es/servlet/articulo?codigo=4689776 https://onlinelibrary.wiley.com/doi/10.1111/eulj.12046 https://openaccess.city.ac.uk/id/eprint/15005/ https://www.narcis.nl/publication/RecordID/oai%3Adare.uva.nl%3Apublications%2F4b1e5a5b-c3a1-41ac-8f6c-28a4a16f31ed https://core.ac.uk/download/29018239.pdf,http://dx.doi.org/10.1111/eulj.12046,,10.1111/eulj.12046,1696884386,,0,,7,true,,green
040-980-405-011-478,Bar Association Minimum Fee Schedules and the Antitrust Laws,,1975,journal article,Duke Law Journal,00127086,JSTOR,United States,Janet F. Bentley; Peter C. Buck; Prentiss E. Feagles; Thomas D. Magill; Neal E. Tackabery,,1974,6,1164,,,,,,,https://core.ac.uk/download/62550869.pdf,http://dx.doi.org/10.2307/1372034,,10.2307/1372034,,,0,,0,true,,
041-229-949-405-307,Preemption in Congress,,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Garrick B. Pursley,"Modern preemption is about more than courts following the Supremacy Clause’s command to apply federal law rather than state law where the two conflict. More and more, preemption is about courts enforcing Congress’s intent that there should be no state law on a subject, even where there is no conflicting substantive provision of federal law. Courts assume that this is a legitimate exercise of congressional power and confine their efforts to determining the categories of state law Congress intended to displace. Even as they bemoan the increasing frequency of preemption and its effects on state governments, commentators make the same assumption and limit their suggestions to fine-tuning the judicial method for determining the extent of Congress’s preemptive intent. My approach is different. Rather than take for granted Congress’s power to displace state law in the absence of conflicting federal law, I examine the potential constitutional sources of that power. It simply will not do, after all, to have the government exercising power of uncertain constitutional origin to such profound effect. Judicial decisions that defer the question to Congress offer little guidance, so I suggest shifting the focus to Congress itself and lay out a method for discovering Congress’s views on the matter. After discussing the kinds of evidence that might legitimately disclose Congress’s understanding of the constitutional basis and scope of its preemptive authority, I begin a descriptive account of Congress’s understanding by looking at one category of relevant statutory evidence and sketching future research. We cannot assess the legitimacy of judicial preemption doctrine without a better account of the constitutional norms the doctrine is supposed to implement. In its deferential posture on the basic question of legislative power, preemption doctrine resembles the approach courts take to the scope of Congress’s commerce power and other basic questions of the constitutional permissibility of national legislation. The methodology I map here for assessing Congress’s engagement with these important constitutional questions may provide a new approach to understanding and critically evaluating government compliance with fundamental legal norms.",,,,,Judicial opinion; Statutory law; Political science; Constitutional law; Law; Doctrine; Federal law; Legislation; Supremacy Clause; Legislature,,,,,https://core.ac.uk/display/159605909 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1472456 https://kb.osu.edu/handle/1811/71414 https://www.ssrn.com/abstract=1472456 http://moritzlaw.osu.edu/students/groups/oslj/files/2012/03/71.3.pursley.pdf https://kb.osu.edu/bitstream/1811/71414/1/OSLJ_V71N3_0511.pdf https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1472456_code534241.pdf?abstractid=1472456&mirid=1 https://core.ac.uk/download/159605909.pdf,http://dx.doi.org/10.2139/ssrn.1472456,,10.2139/ssrn.1472456,2098977163,,0,014-013-378-967-258; 032-580-949-594-269; 087-538-717-281-630; 099-002-025-475-688; 101-033-565-224-910; 116-998-380-235-969; 133-581-393-518-709; 136-963-181-150-319; 144-207-717-409-808; 149-518-429-389-881; 182-580-432-426-093,3,true,,
041-288-393-025-420,Evaluating the Preemption Evidence: Have the Proponents Met Their Burden?,,1997,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Richard H. Walker,"Striking an appropriate balance between state and federal regulation of our securities markets is a difficult task. For more than sixty years, these markets have operated under a system of overlapping state and federal regulation. It is a system that has, for the most part, served investors well, and has contributed to our markets’ reputation as the fairest and most liquid in the world. While federal law is supreme in the area of securities regulation, it never has been the exclusive source of authority over market participants. State regulation of securities preceded federal regulation by more than twenty years. State legislatures began enacting laws regulating securities transactions early this century, and today every state has enacted a securities act. The federal securities laws were enacted in the 1930s in the wake of the market crash of 1929. With state law considered inadequate to address the widespread abuses that led to the crash, the federal securities laws were viewed as a supplement to, rather than a substitute for, state blue sky laws. Both the Securities Act of 1933",60,3,237,252,Business; Crash; Law and economics; Preemption; Securities Act of 1933; State (polity); Balance (accounting); Federal law; Reputation; Legislature,,,,,https://scholarship.law.duke.edu/lcp/vol60/iss3/13/ https://core.ac.uk/display/62568348 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1055&context=lcp https://core.ac.uk/download/62568348.pdf,http://dx.doi.org/10.2307/1192013,,10.2307/1192013,1585950027,,0,,1,true,,green
041-374-462-132-707,Protection of Private Equity Investors under the Dodd-Frank Act,2019-04-24,2019,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Doris Toyou,"In securities law, investor protection means that an issuer of securities, here partnership interests for private equity, must register with the Securities and Exchange Commission (“SEC”) and be subject to disclosure, reporting, record-keeping compliance and examination programs. This Article argues that the Dodd-Frank Act has fulfilled part of its objective to protect private equity investors by forcing private equity managers to disclose information on their operations. Disclosure has provided greater transparency about how the business of private equity is conducted. The increased SEC scrutiny started in 2014 has uncovered unfair practices and violations of fiduciary duties that sophisticated investors could not detect on their own. Notwithstanding this improved transparency, the Dodd-Frank Act still falls short of imposing the main tool securities laws uses to protect investors: that is, full and fair disclosure. In other words, Dodd-Frank does not provide all the required protections that are important for investors to assess the quality of their investments and make informed decisions. This Article offers to expand transparency by additional public disclosure of investment returns, fees, and managers’ income.For other policy issues unrelated to the protection of investors, that is, jobs or tax, Title IV of the Dodd-Frank Act does not offer the appropriate setting. Applying or enacting legislation concerning tax, labor or bankruptcy laws can better curve the controversial practices of private equity firms.",37,2,,,Accounting; Issuer; Business; Private equity firm; Public disclosure; Fiduciary; Legislation; Transparency (market); Bankruptcy; Private equity,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/159 https://jlc.law.pitt.edu/ojs/jlc/article/download/159/151 https://core.ac.uk/download/pdf/296521691.pdf,http://dx.doi.org/10.5195/jlc.2019.159,,10.5195/jlc.2019.159,2941772101,,0,,1,true,cc-by-nc-nd,gold
041-492-024-694-23X,A Major Misunderstanding of Minors' Contracts?: Enforcement and Restitution under the Minors' Contracts Act 1969,2009-05-03,2009,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,James Gilbert,"The Minors Contracts Act 1969 divides minors' contracts into two categories - those which are presumptively enforceable against the minor in the absence of unconscionability or oppression, and those which are presumptively unenforceable with an allowance for the exercise of judicial discretion to order remedies of enforcement, compensation or restitution depending on the fairness and reasonableness of the contract. This article focuses on judicial interpretation and application of the law with respect to the latter category, particularly in the case of Wine Country Credit Union v Rayner. It argues that the decision in Rayner to deny the possibility of a restitutionary or compensatory order in favour of the plaintiff lender was incorrect and contrary to parliamentary intention, and that reform of the law relating to minors' contracts is necessary to avoid a repeat of those errors.",40,4,721,,Economics; Judicial discretion; Law; Order (business); Restitution; Unenforceable; Enforcement; Judicial interpretation; Unconscionability; Plaintiff,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/5254/4739 https://search.informit.com.au/fullText;dn=175616735722555;res=IELHSS https://core.ac.uk/download/pdf/229717575.pdf,http://dx.doi.org/10.26686/vuwlr.v40i4.5254,,10.26686/vuwlr.v40i4.5254,2199252349,,0,,0,true,,bronze
041-855-234-176-174,Treaty Solutions from the Land Down Under: Reconciling American Federalism and International Law,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Cyril Robert Emery,"The United States has ratified various treaties impinging on traditional areas of state concern. Recently, in a nod to federalism, the federal government has adopted practices excusing the states from complying with some of these treaties. These practices have put the United States in violation of treaty obligations and are in tension with principles of international law. While there is extensive scholarship recommending changes to U.S. law that would potentially balance state interests and treaty obligations, almost none of it considers working solutions found in other federally organized nations. Recent reforms in Australia allow its states to consult with the Commonwealth government before treaties affecting state interests are ratified. This Article argues that adopting aspects of the Australian reforms in the United States would alleviate the current U.S. tension with international law by giving states a role in treaty making that does not prevent the federal government from meeting treaty obligations.",,,,,Government; Economics; Law; Constitution; State (polity); Scholarship; Treaty; Freedom of navigation; Federalism; International law,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=710803 https://ssrn.com/abstract=695621 https://core.ac.uk/download/76623079.pdf,http://dx.doi.org/10.2139/ssrn.695621,,10.2139/ssrn.695621,1592205835,,0,,0,true,,green
041-887-726-265-137,Judicial Review and Popular Sovereignty,,1950,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Edward Dumbauld,,99,2,197,,Political science; Sovereignty; Law; Popular sovereignty; Judicial review; Judicial activism,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8188&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol99/iss2/3/ https://core.ac.uk/display/151693900 https://core.ac.uk/download/151693900.pdf,http://dx.doi.org/10.2307/3309424,,10.2307/3309424,954380733,,0,,1,true,,green
042-021-492-958-078,“I Just Bought a Flat Screen T.V. in Kolkata?” Application of Laws for International Outsourcing Related Identity Theft,2007-04-01,2007,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Samantha Grant,"Because the internet makes it economical to do so, many American companies have sent their customer service jobs overseas. Workers in these outsourced jobs often have access to personal financial information of American citizens. Recent identity thefts, both in America and abroad, highlight the need for laws mandating tighter security by the companies that hold and trade personal information. This paper explores American legislation attempting to deal with identity theft crime as well as parallel laws in India, where many of the outsourced jobs are located. Furthermore, this paper suggests that any federal legislation ought not to preempt state law, as California law is currently protecting consumer privacy stronger than proposed legislation would.",7,,,,The Internet; Business; Personally identifiable information; Law; Legislation; Consumer privacy; Identity (philosophy); Customer service; Outsourcing; Identity theft,,,,,https://tlp.law.pitt.edu/ojs/index.php/tlp/article/view/32 https://tlp.law.pitt.edu/ojs/tlp/article/download/32/32 https://core.ac.uk/download/234044910.pdf,http://dx.doi.org/10.5195/tlp.2007.32,,10.5195/tlp.2007.32,2035342982,,0,,0,true,cc-by-nc-nd,hybrid
042-483-415-177-16X,The concept of decentralized and secure electronic marketplace,2008-04-12,2008,journal article,Electronic Commerce Research,13895753; 15729362,Springer Science and Business Media LLC,Netherlands,Constantin Serban; Yingying Chen; Wenxuan Zhang; Naftaly H. Minsky,"For commerce (electronic or traditional) to be effective, there must be a degree of trust between buyers and sellers. In traditional commerce, this kind of trust is based on such things as societal laws and customs, and on the intuition people tend to develop about each other during interpersonal interactions. The trustworthiness of these factors is based, to a large extent, on the geographical proximity between buyers and sellers. But this proximity is lost in e-commerce.; ; In conventional electronic marketplaces the trust among participants is supported by a central server which imposes certain trading rules on all transactions. But such centralized marketplaces have serious drawbacks, among them: lack of scalability, and high cost.; ; In this paper we propose the concept of Decentralized Electronic Marketplace (DEM) which allow buyers and sellers to engage in commercial transactions, subject to an explicitly stated set of trading rules, called the law of this marketplace--which they can trust to be observed by their trading partners. This trust is due to a decentralized, and thus scalable, mechanism that enforces the stated law of the DEM. We implement an electronic marketplace for airline tickets in order to illustrate the feasibility of the proposed concepts for decentralized and secure electronic marketplace.",8,1,79,101,Intuition; Decentralization; Business; Trustworthiness; Computer communication networks; Trading rules; Interpersonal interaction; Computer security; Scalability,,,,,https://dblp.uni-trier.de/db/journals/ecr/ecr8.html#SerbanCZM08 https://www.researchwithnj.com/en/publications/the-concept-of-decentralized-and-secure-electronic-marketplace https://doi.org/10.1007/s10660-008-9014-0 https://link.springer.com/article/10.1007%2Fs10660-008-9014-0 https://personal.stevens.edu/~ychen6/papers/The%20concepts%20of%20Decentralized%20and%20Secure%20Electronic%20Marketplace.pdf https://www.cs.rutgers.edu/~minsky/papers/marketplace.pdf,http://dx.doi.org/10.1007/s10660-008-9014-0,,10.1007/s10660-008-9014-0,1993089851,,0,010-314-412-596-002; 014-606-069-019-071; 018-694-046-113-530; 024-732-415-355-001; 028-631-891-525-481; 058-725-932-616-669; 068-577-863-663-162; 071-581-384-749-081; 074-166-255-568-955; 079-096-125-771-307; 089-763-974-326-792; 093-549-768-954-066; 099-566-882-823-169; 107-923-440-427-397; 117-618-154-387-277; 141-080-305-282-164; 177-379-686-091-056; 190-151-022-205-655,29,false,,
042-559-122-622-15X,Transfer Pricing Audit Challenges and Dispute Resolution Effectiveness in Developing Countries with Specific Focus on Zimbabwe,2021-10-08,2021,journal article,"Accounting, Economics, and Law: A Convivium",21522820,Walter de Gruyter GmbH,,Favourate Y. Sebele-Mpofu; Eukeria Mashiri; Patrick Korera,"<jats:title>Abstract</jats:title>;                <jats:p>Base erosion and profit shifting activities of multinational enterprises (MNEs) have been a hot issue globally. Topical among the strategies employed by MNEs has been the issue of transfer pricing (TP). Developing countries are argued to be significantly affected by TP manipulation resulting in substantial tax revenues being lost. As a response to curb the unfavourable impacts of transfer mispricing, most developing countries have adopted the OECD TP guidelines and enacted TP legislation to regulate TP activities. The arm’s length principle is the core of TP legislation, yet it has brought challenges for tax administrators and their auditors in enforcing and assessing compliance respectively leading to disputes. In view of the ever-changing business world and continuous efforts by MNEs to minimise their tax obligations through income shifting, it was imperative to assess the factors affecting the effectiveness of TP audits and dispute resolutions as measures to enhance compliance and enforcement in developing countries, with specific reference to Zimbabwe. Findings include the lack of clarity in TP legislation, resource constraints and complexity of transactions, lack of expertise as well as the shortage of comparable data. Developing countries are encouraged to formulate clear TP regulations and invest in the capacitation of revenue authorities.</jats:p>",0,0,,,Public economics; Dispute resolution; Business; Audit; Transfer pricing; Focus (computing); Developing country,,,,,https://www.degruyter.com/document/doi/10.1515/ael-2021-0026/xml,http://dx.doi.org/10.1515/ael-2021-0026,,10.1515/ael-2021-0026,3206973600,,0,000-598-379-775-731; 000-758-983-612-971; 002-541-375-040-805; 006-042-394-521-97X; 006-805-364-543-302; 008-710-705-236-898; 010-930-690-367-719; 012-669-412-212-772; 012-798-067-040-703; 014-236-105-924-904; 018-534-586-378-174; 018-660-173-868-498; 018-928-818-523-660; 019-829-600-330-746; 020-566-806-447-775; 021-963-992-258-26X; 022-059-850-144-559; 022-318-115-336-46X; 024-972-264-390-936; 025-155-999-863-999; 028-118-101-545-49X; 029-788-488-823-632; 030-076-143-297-374; 031-058-604-230-269; 033-275-965-122-531; 034-424-409-372-620; 035-895-259-385-270; 038-633-388-670-325; 040-284-172-191-703; 048-496-753-267-871; 049-645-489-442-265; 051-012-205-078-855; 053-820-896-619-638; 054-556-797-118-009; 055-301-154-207-894; 055-342-259-602-146; 056-070-116-082-518; 058-460-394-708-61X; 058-954-833-651-29X; 060-876-387-971-55X; 061-370-831-387-498; 061-433-345-309-369; 061-870-316-482-90X; 062-372-053-608-340; 063-426-596-719-052; 064-422-634-389-989; 064-755-591-371-361; 064-885-970-981-149; 069-833-799-773-725; 071-193-731-102-801; 076-202-997-241-706; 077-119-054-441-090; 080-942-930-063-069; 083-903-548-996-340; 085-151-995-006-226; 085-856-871-411-393; 088-430-212-100-103; 091-394-594-900-327; 093-083-903-944-441; 094-241-593-817-400; 097-833-860-482-333; 099-622-364-322-966; 100-385-481-402-639; 103-089-316-956-067; 106-420-908-598-319; 107-892-581-355-842; 114-502-463-443-945; 117-009-121-013-240; 119-029-623-690-007; 128-744-894-421-06X; 131-947-796-408-038; 151-056-050-494-060; 154-733-398-514-346; 157-910-004-329-37X; 163-239-294-617-220; 164-784-109-445-958; 167-592-041-533-515; 170-598-052-354-139; 176-455-466-981-378; 190-712-969-949-259; 191-810-707-664-179,6,true,,bronze
042-855-309-674-634,US class actions: Promise and reality,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Christopher Hodges,"The US class action is the best-known tool of civil procedure for enforcement of mass private rights. It is intended to achieve judicial and procedural economy in civil procedure, and to exert significant pressure on corporate defendants to observe the law. This piece summarises the major empirical evidence on how the mechanism works. It confirms extensive enforcement of law. It also identifies issues of selectivity of case types (especially securities cases brought by investors), high transactional costs and reductions in sums received by claimants, the risk that high economic factors distort the legal merits of settlements, the limited evidence on evaluating the legal merits of outcomes, forum shopping, and aspects of conflicts of interest that have been criticised by European politicians as abusive. The piece notes that these features are predictable consequences of the policy of encouraging widespread private enforcement of law by incentivising intermediaries and reducing risk to claimants. Various questions are noted in relation to the future of collective redress in the different context of the European legal order.",,,,,Empirical evidence; Political science; Law and economics; Law; Private rights; Class action; Collective redress; Forum shopping; Enforcement; Context (language use); Civil procedure,,,,,https://cadmus.eui.eu/handle/1814/36536 https://www.ssrn.com/abstract=2665228 https://core.ac.uk/display/45685873 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2665228 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2665228_code2171964.pdf?abstractid=2665228&mirid=1&type=2 https://core.ac.uk/download/pdf/45685873.pdf,http://dx.doi.org/10.2139/ssrn.2665228,,10.2139/ssrn.2665228,976103933,,0,002-230-012-930-78X; 010-250-535-773-136; 011-409-331-133-530; 012-444-126-110-663; 015-690-549-153-721; 016-408-934-153-925; 017-925-998-222-880; 029-803-096-755-143; 034-504-474-210-580; 040-959-376-036-310; 049-380-162-264-662; 052-129-477-860-395; 063-147-735-096-165; 063-363-180-755-871; 065-670-978-227-94X; 075-351-470-613-887; 079-383-263-153-613; 092-967-636-326-004; 128-100-277-040-68X; 132-359-809-010-164; 148-288-150-425-382; 161-327-062-300-985; 179-864-544-535-688; 180-569-814-419-77X; 181-089-159-888-636; 191-102-276-269-136; 192-062-446-598-358,3,true,,green
042-892-444-491-489,The emergency arbitrator: a full-fledged arbitrator rendering an enforceable decision?,2015-05-06,2015,journal article,Arbitration International,09570411; 18758398,Oxford University Press (OUP),,Fabio G. Santacroce,"Emergency procedures are becoming increasingly popular in international arbitration. Their effectiveness is however disputed, there being uncertainty as to both the proper status of the subject granting emergency relief—so called emergency arbitrator—and the enforceability of his decisions. This contribution aims at shedding light on the above-mentioned issues. To this end, it first describes the general procedural framework in which emergency procedures are carried out. It then delves into the questions of what the proper status of an emergency arbitrator is and whether emergency decisions are capable of being enforced by state courts, suggesting that the emergency arbitrator is a full-fledged arbitrator rendering decisions that may enjoy (at least a certain degree of) enforceability. Finally, it puts forward a proposal for an international instrument on recognition and enforcement of arbitral interim measures, including emergency decisions, which may enhance their effectiveness.; ; (New York) Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) Hong Kong Arbitration Ordinance (2013) Singapore International Arbitration Act (2012) ICC (International Chamber of Commerce) Arbitration Rules (2012) LCIA (London Court of International Arbitration) Arbitration Rules (2014) ICDR (International Centre for Dispute Resolution) Arbitration Rules (2009) SCC (Stockholm Chamber of Commerce) Arbitration Rules (2010) SIAC (Singapore International Arbitration Centre) Arbitration Rules (2013) HKIAC (Hong Kong International Arbitration Centre) Arbitration Rules (2013) NAI (Netherlands Arbitration Institute) Arbitration Rules (2010) Yahoo! v Microsoft , US District Court (SDNY) (2013) Total Fina Elf E&P Congo c Societe Nationale des Petroles du Congo et Republique du Congo , Cour d’appel de Paris (2003) Swiss Code of Private International Law (1987) English Arbitration Act (1996) Dutch Arbitration Act, Code of Civil Procedure, Book IV (1986) [ Wetboek van Burgerlijke Rechtsvordering ]",31,2,283,312,Dispute resolution; Arbitration; Political science; Law; Interim; Enforcement; International arbitration; Convention; Civil procedure; Conflict of laws,,,,,https://academic.oup.com/arbitration/article/31/2/283/189938 http://arbitration.oxfordjournals.org/content/31/2/283,http://dx.doi.org/10.1093/arbint/aiv012,,10.1093/arbint/aiv012,2135774531,,0,,9,false,,
042-958-979-750-132,Terrorism and the Internet: New Media—New Threat?,2006-02-10,2006,journal article,Parliamentary Affairs,14602482; 00312290,Oxford University Press (OUP),United Kingdom,Maura Conway,"The Internet is a powerful political instrument, which is increasingly employed by terrorists to forward their goals. The five most prominent contemporary terrorist uses of the Net are information provision, financing, networking, recruitment, and information gathering. This article describes and explains each of these uses and follows up with examples. The final section of the paper describes the responses of government, law enforcement, intelligence agencies, and others to the terrorism-Internet nexus. There is a particular emphasis within the text on the UK experience, although examples from other jurisdictions are also employed.",59,2,283,298,The Internet; Sociology; Nexus (standard); Government; Law; Terrorism; Business intelligence; Law enforcement; Public relations; Politics; New media,,,,,https://academic.oup.com/pa/article-abstract/59/2/283/1555986 https://dialnet.unirioja.es/servlet/articulo?codigo=2664968 http://academic.oup.com/pa/article/59/2/283/1555986/Terrorism-and-the-Internet-New-MediaNew-Threat http://core.ac.uk/display/11308389 http://doras.dcu.ie/515/1/parliamentary_affairs_59_2.pdf https://connections-qj.org/article/terrorism-and-internet-new-media-new-threat http://doras.dcu.ie/515/ http://pa.oxfordjournals.org/content/59/2/283.extract https://core.ac.uk/download/11308389.pdf,http://dx.doi.org/10.1093/pa/gsl009,,10.1093/pa/gsl009,2063358706,,0,004-053-719-781-35X; 015-967-592-416-768; 021-511-283-079-018; 047-614-009-126-892; 051-711-121-347-379; 053-132-159-329-834; 072-436-400-112-44X; 074-832-564-444-026; 092-003-569-010-74X; 148-066-851-223-990; 158-818-932-364-252; 172-410-112-523-164; 180-046-978-780-606; 183-715-483-643-321; 185-996-016-088-580; 196-203-622-179-585; 198-327-553-345-347,125,true,,
042-997-130-464-606,E-commerce Taxation and Fiscal Policy Perspective: The Case of Indonesia,2018-11-20,2018,journal article,International Journal of Research in Business and Social Science (2147- 4478),21474478,Center for Strategic Studies in Business and Finance SSBFNET,,Sigit Setiawan,"The Indonesian government is now seriously exploring in depth the proposed tax imposition for e-commerce. In this context, this paper will discuss the following issues: the first, if Indonesian government should impose the tax on e-commerce; the second, how much the potential tax revenue from e-commerce is; and the third, how Indonesian fiscal policy perspective views e-commerce taxation. The study in this paper adopts a descriptive analytical research method. The study concludes several points. Indonesia should tax its e-commerce. The total potential tax revenue on e-commerce from VAT and income tax in 2018 ranges from almost Rp11.75 trillion to Rp16.64 trillion, with VAT dominates the contribution up to more than 90% of the total tax revenue. By not levying the tax in the year means Indonesian government will lose a partial or the most of tax revenue. The revenue loss is potentially getting bigger in the coming years if the government still fails to collect the tax. E-commerce taxation should not be strictly enforced in the beginning, yet more is emphasized on socialization and education actions. It is also intended to help the online platform to be compliant. Tax policy in e-commerce can be used for the purpose of regulating the economy, such as to control excessive online import purchasing.",7,3,01,09,Public economics; Tax revenue; Business; Government; Income tax; Tax policy; Purchasing; Context (language use); Fiscal policy; E-commerce,,,,,http://www.ssbfnet.com/ojs/index.php/ijrbs/article/view/900 https://ideas.repec.org/a/rbs/ijbrss/v7y2018i3p01-09.html http://www.ssbfnet.com/ojs/index.php/ijrbs/article/download/38/41 https://core.ac.uk/download/230935588.pdf,http://dx.doi.org/10.20525/ijrbs.v7i3.900,,10.20525/ijrbs.v7i3.900,2901244483,,0,006-249-359-446-255; 009-575-761-958-884; 009-809-860-768-401; 034-311-881-042-990; 045-876-559-731-787; 066-191-621-676-994; 089-418-686-259-356; 091-367-192-379-184; 099-582-664-835-874; 130-763-780-903-154,2,true,cc-by-nc,gold
043-101-947-807-871,The Fairness Doctrine Today: A Constitutional Curiosity and an Impossible Dream,1985-02-01,1985,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Thomas G. Krattenmaker; L. A. Powe,"Immediately following the Supreme Court's opinion in Red Lion Broadcasting Co. v. FCC,' which sustained the constitutionality of the Federal Communications Commission's (FCC) Fairness Doctrine,2 a flurry of articles appeared describing how to apply the doctrine vigorously to new and different situations.3 Subsequently, especially after the Court's decision in CBS v. Democratic National Committee4 curtailed access possibilities, and Miami Herald Publishing Co. v. Tornillo 5 refused to sustain right to reply laws for candidates attacked by the print media, most discussions of the Fairness Doctrine have addressed its constitu-",34,1,151,176,Advertising; Publishing; Political science; Law; Miami; Commission; Doctrine; Constitutionality; Supreme court; Democracy; Fairness Doctrine,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2903&context=dlj https://core.ac.uk/display/62550191 https://scholarship.law.duke.edu/dlj/vol34/iss1/3/ https://core.ac.uk/download/62550191.pdf,https://core.ac.uk/display/62550191,,,1516753828,,0,,18,true,,
043-294-932-561-489,Juridical Analysis on the Criminal Act of Online Shop Fraud in Indonesia,2019-04-28,2019,journal article,Lentera Hukum,26213710; 23554673,UPT Penerbitan Universitas Jember,,Rizky P.P. Karo Karo; Agnes Sebastian,"<jats:p>The development of technology has led to the sales and purchases of products and services online. However, the absence of a physical store prevents the prospective buyers from physically assessing the quality of the product/service. This leads to the emerging issue of online shop fraud. This paper aims to analyse the scope of online shop fraud within Indonesian laws and regulations, as well as the legal enforcement by Indonesian authorities to eradicate online shop fraud. This research uses the normative juridical method, which utilises secondary data such as books, journals and relevant legal products. This research finds that the Criminal Act of online shop fraud is regulated under Article 28 paragraph 1 of Law Number 11 Year 2008  following its amendment to Law Number 19 Year 2016 on Electronic Information and Transaction. The current efforts for legal enforcement of online shop fraud is performed in both preventive and repressive manners.&#x0D;; Keywords: Online Shop, Fraud, Cybercrime</jats:p>",6,1,1,,Political science,,,,,https://jurnal.unej.ac.id/index.php/eJLH/article/download/9567/6569 https://core.ac.uk/download/pdf/295409203.pdf,http://dx.doi.org/10.19184/ejlh.v6i1.9567,,10.19184/ejlh.v6i1.9567,2944201967,,0,,2,true,cc-by-sa,gold
043-692-616-314-05X,EFEKTIVITAS UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN TERHADAP JUAL BELI DENGAN SISTEM TRANSAKSI ELEKTRONIK (E-COMMERCE),2019-11-01,2019,journal article,Al-Ishlah : Jurnal Ilmiah Hukum,26140071; 14109328,,,Muhajir Akbar Hamsah,"Legal protection to consumers by BPSK through means of mediation or conciliation or arbitration is made on the choice and consent of the parties concerned. Consumer dispute resolution is not a gradual dispute resolution process. Factors affecting the process of providing legal protection to the sale and purchase through electronic transactions are legal factors that still weaken the parties, especially the consumer, the requirement of the agreement in Article 1320 of the Civil Code can not be fulfilled in full, especially the matter of proficiency. The activities of the cyberspace can not be approached by conventional law size and classification alone, because if this method is taken too much difficulty and passes the enforcement of the law. Keywords : Consumer Protection, Purchase & Electronic Transaction.",22,2,79,86,Dispute resolution; Business; Arbitration; Conciliation; Mediation; Law; Civil code; Enforcement; Cyberspace; Consumer protection,,,,,http://jurnal.fh.umi.ac.id/index.php/ishlah/article/view/31 http://jurnal.fh.umi.ac.id/index.php/ishlah/article/download/31/28,http://dx.doi.org/10.33096/aijih.v22i2.31,,10.33096/aijih.v22i2.31,3024547369,,0,,0,true,cc-by-nc-sa,gold
043-704-982-911-140,With Great Power Comes Little Responsibility: The Role of Online Payment Service Providers with regards to Websites Selling Counterfeit Goods,,2014,journal article,Canadian Journal of Law and Technology,17029228,,,J. Bruce Richardson,"Electronic Commerce, or e-commerce, as the name suggests, is essentially the electronic version of commerce. Retail e-commerce in Canada totalled $15.3 billion in 2010, which was double the 2005 level.1 This increase in online business activity would suggest a corresponding increase in online illegitimate business activity. The sale of counterfeit goods in places like flea markets and malls has now moved into the online world with flashy websites and easy-to-access payment services. If websites devoted to the sale of counterfeit goods are becoming more prevalent with the ease of e-commerce, would this correspond to trademark owners’ ease in enforcing their rights online? One aspect in which an e-commerce website is different than a bricks-andmortar retail store is that the website must be able to accept electronic payments; cash-only transactions are not possible.2 These electronic payments are conducted through online payment networks administered by companies such as Visa and MasterCard. Being the backbone of e-commerce, it is vital that Merchants have access to these online payment networks. If Visa or MasterCard were to cut off their services to a certain website, the ability of that website to engage in e-commerce would, effectively, be removed. This would seem to give much power to such companies, but what about their obligations? Should there be a duty on such companies that provide electronic payment services to cease or withhold those services to websites that are dedicated to",12,2,,,Service provider; Business; Payment; Payment service provider; Great power; Trademark; Duty; Counterfeit; MasterCard; Commerce,,,,,https://ojs.library.dal.ca/CJLT/article/download/6607/5793 https://ojs.library.dal.ca/CJLT/article/view/6607,https://ojs.library.dal.ca/CJLT/article/view/6607,,,2548951888,,0,,0,false,,
043-748-102-694-753,Resale Price Maintenance after Monsanto: A Doctrine Still at War with Itself,,1984,journal article,Duke Law Journal,00127086,JSTOR,United States,Terry Calvani; Andrew G. Berg,"In this article, two enforcement officials at the Federal Trade Commission reexamine resale price maintenance in light of the Supreme Court\u27s recent decision in Monsanto Co. v. Spray-Rite Service Corp. Commissioner Calvani and Mr. Berg consider both antitrust law and economic policy in their review of the history of resale price maintenance; they point out the chronic inconsistencies to which this antitrust regime has been subject, and identify these same inconsistencies at work in Monsanto. The authors set forth three theses with respect to Monsanto: first, that the Court intimated a willingness to reconsider at some future time the per se standard of illegality for resale price maintenance; second, that the Court recognized the continuing vitality of the Colgate doctrine, which had been seriously questioned in recent years; and, third, that the Monsanto Court unsuccessfully attempted to delineate a workable evidentiary standard applicable to communications between sellers and resellers when it is alleged that such communications constitute an illegal contract, combination, or conspiracy under section one of the Sherman Act. The authors suggest that, taken together, these elements in Monsanto display a doctrine at war with itself. The authors conclude by examining the possible implications of the Monsanto decision for the future direction of the law of resale price maintenance",1984,6,1163,,,,,,,https://core.ac.uk/download/62550202.pdf,http://dx.doi.org/10.2307/1372400,,10.2307/1372400,,,0,,2,true,,green
043-792-786-897-698,An Examination of the Organizational Culture at the Policing,2014-08-31,2014,journal article,Applied Studies in Agribusiness and Commerce,17897874; 1789221x,University of Debrecen/ Debreceni Egyetem,,Edit Elekes,"The subject of this thesis is presentation of the examination related to the organizational culture of the Police, the special law enforcement body which guarantees internal order and public security. The police, at the same time, as armed law enforcement body ensure the order of the economy and its legal security. Security is not only important for the citizens and social organizations, but also for the profit and non-profit organizations. The Police carry out official work, but also provide services that presuppose two types of contact system and modes of management. There were a number of changes in the body of the Police over the past two decades (e.g. accession to the EU, accession to the Schengen area, integration of the Police and the Border Guards, outsourcing certain activities, regionalization of sponsorship activities), in which I have taken part as a manager of the developmental programs. These changes have not only affected the police organization and the approach of the employees, but also the organizational culture. The changes cannot be considered as closed: the Ministry of Interior, governing the Police, takes decisions on organizational changes, but also the managers at the Police play an important role in this process. Under „change” I do not necessarily understand a change in the structure, but also a change in the organizational culture to create support for the reform process, and the option to co-ordinate the diverse structures. The changes have obviously affected the thinking of the managers and the employees, as well as their relationship to the organization. The official duties, including the detection of the crimes (including agricultural and economic crimes), cannot be performed without the day-today cooperation with the bodies of the civil law enforcement, through which the Police may increase the effectiveness of detection of such crimes and thus the citizens’ subjective feeling of security. Therefore, the present thesis aims at the examination of the Police’s organizational culture and its management methods.",8,1,43,50,Organization development; Business; Profit (economics); Accession; Enforcement; Law enforcement; Public relations; Outsourcing; Organizational culture; Social organization,,,,,https://dea.lib.unideb.hu/dea/bitstream/handle/2437/196358/file_up_An%20examination%20of%20the%20organizational%20culture%20at%20the%20policing.pdf;sequence=1 https://EconPapers.repec.org/RePEc:ags:apstra:187527 https://ideas.repec.org/a/ags/apstra/187527.html https://dea.lib.unideb.hu/dea/bitstream/2437/196358/1/file_up_An%20examination%20of%20the%20organizational%20culture%20at%20the%20policing.pdf https://ageconsearch.umn.edu/record/187527,http://dx.doi.org/10.19041/apstract/2014/1/5,,10.19041/apstract/2014/1/5,2261285064,,0,,0,true,cc-by-nc,gold
043-897-114-261-065,Regulatory Impact Analysis in Legal Research: Way Forward for Malaysian Legislation,2015-05-01,2015,journal article,Mediterranean Journal of Social Sciences,20399340; 20392117,Richtmann Publishing,Italy,Kamal Halili Hassan,"This article discusses the role of a new mechanism called “regulatory impact analysis” (RIA) in enacting new or amended legislation. RIA requires an impact study of the proposed legislation on the subjects of the law (society or industry) that centers on quantitative and qualitative approaches. The quantitative approach is mainly on searching for impacts based on data and figures while the qualitative method applies a multi-criteria approach. In short, the RIA has the requirements for the making of good law. Malaysia has introduced a similar mechanism although the effort is still in its infancy. This article examines related documents on RIA in Malaysia and why it is needed.",6,3,520,520,Accounting; Cost–benefit analysis; Business; Law; Regulatory Impact Analysis; Legislation; Mechanism (sociology); Impact study; Legal research,,,,,https://www.researchgate.net/profile/Kamal_Hassan9/publication/276419374_Regulatory_Impact_Analysis_in_Legal_Research_Way_Forward_for_Malaysian_Legislation/links/55e51e0308aede0b57358bd3.pdf https://www.richtmann.org/journal/index.php/mjss/article/view/6288 https://www.mcser.org/journal/index.php/mjss/article/viewFile/6288/6028 https://www.richtmann.org/journal/index.php/mjss/article/download/6288/6028 https://www.mcser.org/journal/index.php/mjss/article/view/6288 https://core.ac.uk/download/pdf/228537459.pdf,http://dx.doi.org/10.5901/mjss.2015.v6n3p520,,10.5901/mjss.2015.v6n3p520,1560773182,,0,000-132-074-752-454; 040-282-736-615-104; 051-052-081-514-235; 075-428-805-584-444; 095-063-770-886-798; 107-941-720-454-751; 130-856-959-760-889; 154-786-801-176-578; 156-871-409-250-20X; 176-606-785-865-273; 189-671-447-217-604,1,true,cc-by,hybrid
044-051-099-725-366,Chinese judicial justice on the cloud: a future call or a Pandora’s box? An analysis of the ‘intelligent court system’ of China,2016-12-28,2016,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Alison Lu Xu,"The incorporation of information and communication technology as part of the process of Chinese judicial reform has appeal to both legislators and policy-makers who focus on its positive features. The launch of the ‘intelligent court system’ represents part of this process to equip the judiciary with the most up-to-date modern technology that aims to reshape case resolution procedure by way of moving the legal process online. The central aspect of this is to establish an online case resolution process through an ‘e-court’ or ‘online court’, which will shift the judicial process towards working within the expectation of modern commercial practice and technological capacity. However, the realisation of the ideals underlining the project is not without problems. An examination of the two different models introduced for the pilot e-court system, indicates that insufficient consideration has been given with regards to its potential adverse effects and that more thought needs to be given to how these issues should be addressed in order to improve the role and function of online courts in China.",26,1,59,71,Economic Justice; Sociology; Law and economics; Law; Appeal; Legal process; Realisation; Judicial reform; Process (engineering); Information and Communications Technology; Function (engineering),,,,,https://waseda.pure.elsevier.com/en/publications/chinese-judicial-justice-on-the-cloud-a-future-call-or-a-pandoras https://www.tandfonline.com/doi/full/10.1080/13600834.2017.1269873 https://eprints.whiterose.ac.uk/119304/ https://core.ac.uk/download/84338860.pdf,http://dx.doi.org/10.1080/13600834.2017.1269873,,10.1080/13600834.2017.1269873,2563692474,,0,,14,true,cc-by-nc-nd,hybrid
044-276-921-382-773,Новые пределы налогово-правового регулирования в свете налогообложения электронной торговли,2018-12-28,2018,journal article,Law Enforcement Review,26584050; 25421514,Dostoevsky Omsk State University,,E. Juchniewicz,"The subject of the paper is the analysis of limits of taxation and tax law in the light of e-commerce taxation The main aim of the paper is to show at the same time financial approach and philosophical approach to classic tax issues The methodology of the study includes general scientific methods (analysis, synthesis, description) as well as sociological approach. The main results and scope of their application. The use of new methodology in describing the limits of tax law is not only a matter of tax certainty but also a matter of future fiscal stability. All kinds of behaviours of the internet users we partially owe to the legal regulations. In this perspective, we can give many examples of implementation of the regulative function of law, including also tax law. Constant presence in the virtual world leads to the modification of the object of study. The commonly studied human impact in different areas of the virtual world, including also the creation of the law of Internet, is substituted with a new direction of studies - the analysis of the impact of the virtual world on the behaviour of its users. Not without significance to the issues of taxation of e-commerce are different models (simulations) of behaviours of objects of tax-law relations, which may constitute a basis, on the one hand - for the scientific studies, and on the other hand, the possibility to develop in due time appropriate institutions and mechanisms of tax law. The presence of new technologies that should be assessed in the light of limits of taxation. We must be aware of the fact that the modern day principles and techniques of taxation shall not stand the test of time and we will be forced to prepare ourselves for their radical change. Conclusions. Assuming that legal and financial relations are one of the main manifestations of statehood (sovereignty), and their content in terms of this study changes because of the occurring changes of technological nature, the changes in the existing legal and financial relations should be noticed, on the one hand, and on the other hand, the emergence of new legal and financial relations (e.g. legal and financial relation in cyberspace). Due to completely new legal and financial relations (possibly a new type of legal and financial relations), it must be assumed that the modern object of tax law is expanding. Logically, the object of financial law should be also scientifically extended in order to attempt to regulate the taxation in cyberspace or even taxation of robots (virtual robots).",2,4,51,59,Economics; Order (exchange); Sovereignty; Law and economics; Cyberspace; Object (philosophy); Tax law; Certainty; Function (engineering); E-commerce,,,,,https://enforcement.omsu.ru/jour/article/view/194 https://enforcement.omsu.ru/jour/article/download/194/288 https://cyberleninka.ru/article/n/novye-predely-nalogovo-pravovogo-regulirovaniya-v-svete-nalogooblozheniya-elektronnoy-torgovli https://doaj.org/article/bef0b96b64a1456eab75d9323bc90206 https://core.ac.uk/download/pdf/230516067.pdf,http://dx.doi.org/10.24147/2542-1514.2018.2(4).51-59,,10.24147/2542-1514.2018.2(4).51-59,2946105481,,0,013-093-654-566-124; 013-795-567-763-783; 021-112-077-279-31X; 037-638-649-537-01X; 041-970-423-311-922; 045-413-278-217-131; 046-944-121-495-028; 049-787-059-946-256; 053-005-568-257-307; 066-773-427-481-042; 080-453-705-102-343; 105-343-932-592-045; 110-516-734-173-791; 111-698-319-141-449; 112-816-734-092-93X; 118-474-066-477-084; 122-504-647-961-770; 129-894-088-670-790; 130-060-994-155-779; 131-673-594-345-897; 148-122-804-233-647; 155-641-644-668-446; 160-761-409-113-51X; 178-019-738-436-456; 183-182-683-787-718; 191-170-792-555-520,0,true,cc-by,gold
044-312-758-972-727,The interplay between consumer protection and competition law in India,2017-06-05,2017,journal article,Journal of Antitrust Enforcement,20500688; 20500696,Oxford University Press (OUP),,Suhail Nathani; Pınar Akman,"The protection of the interests of consumers is a central aspect of all modern competition laws as well as a direct aim of consumer protection laws. However, despite being complementary in many ways, competition and consumer protection laws cover different issues and employ different methods to achieve their goals. While consumer protection rules are built upon the premise that consumers are the weaker party to transactions and should be directly protected for this reason in their dealings with traders through certain consumer rights, competition law only indirectly protects the consumers’ economic well-being by ensuring that the markets are subject to effective competition. This article explores the interplay between consumer protection and competition law in the Indian context with some comparison with the EU position, where relevant. After an examination of the relevant legislation and case law, the article finds that given that the mandate of the Competition Commission of India is to prevent practices having an adverse effect on competition, in cases of overlap between consumer protection and competition laws, the Authority should act only on the basis of adverse effects on competition. The treatment of ‘unfair trade practices’ is used to demonstrate the appropriateness of this approach.",5,2,197,215,Economics; Common law; Consumer Bill of Rights; Mandate; Competition law; Legislation; Context (language use); Competition (economics); Consumer protection; Market economy,,,,,https://core.ac.uk/display/96767174 https://academic.oup.com/antitrust/article-abstract/5/2/197/3861502 https://eprints.whiterose.ac.uk/121795/ https://core.ac.uk/download/96767174.pdf,http://dx.doi.org/10.1093/jaenfo/jnx006,,10.1093/jaenfo/jnx006,2624424450,,0,,1,true,,green
044-495-439-223-707,Guaranteeism in Administrative Acts,2018-10-25,2018,journal article,International Journal of Law and Public Administration,25762184; 25762192,Redfame Publishing,,Enrique Rabell-Garcia,"Under the reform of article 1 of the Federal Constitution (June 10, 2011), all government authorities have the obligation to respect human rights. The main inquiry of this essay is whether the Executive can, ex officio, revoke administrative acts for violations of human rights or stop enforcing a law it deems unconstitutional. Following this line of inquiry, for the purposes of this essay, the hypothesis is affirmative. The first part of this work analyzes several techniques and their comprehensive interpretation. Doctrine and comparative law are used to frame the issue. The second part consists of a constitutional analysis of article one under several legal interpretation theories to obtain preliminary results. The third part focuses particularly on revocation in the Administrative Procedure Act and the Mexican Federal Tax Code, in addition to relevant case law. Lastly, it is concluded that, in certain cases involving legal certainty, revocation can apply; however, refusal to enforce a law deemed unconstitutional cannot.",1,2,1,9,Comparative law; Human rights; Common law; Political science; Law; Revocation; Doctrine; Obligation; Legal certainty; Interpretation (philosophy),,,,,https://redfame.com/journal/index.php/ijlpa/article/download/3716/3874 https://redfame.com/journal/index.php/ijlpa/article/view/3716 https://core.ac.uk/download/pdf/228085035.pdf,http://dx.doi.org/10.11114/ijlpa.v1i2.3716,,10.11114/ijlpa.v1i2.3716,2898139855,,0,029-998-548-094-386; 048-378-882-503-204; 050-174-011-530-191; 077-936-666-334-579; 084-049-648-629-181; 093-830-884-632-640; 170-895-649-221-073,0,true,cc-by,gold
044-516-294-453-56X,Self-Enforcing Online Dispute Resolution: Lessons from Bitcoin,2015-12-08,2015,journal article,Oxford Journal of Legal Studies,01436503; 14643820,Oxford University Press (OUP),United Kingdom,Pietro Ortolani,"The enforcement of outcomes in online dispute resolution (ODR) is a delicate problem. Since disputes arising out of e-commerce transactions are typically low in value, the traditional channels of coercive enforcement are often not a viable option. The article argues that the Bitcoin system can be used as a source of inspiration to devise new models of self-enforcement. The article describes the legal framework of ODR and argues that the goal of self-enforcement can be attained through the use of technology. It then describes the relevant features of the Bitcoin system, underlining its potential as a new forum for the expression of private autonomy. It then investigates the features of Bitcoin adjudication, before arguing that Bitcoin must be regarded as an original and self-contained system of dispute resolution, whose characteristics can be used to theorise new models of self-enforcement. Next, it compares four alternative models of self-enforcement, two of which take Bitcoin adjudication as an example. Finally, it puts forth recommendations for all actors involved in the implementation of self-enforcing ODR mechanisms and argues that different models should be left free to compete.",36,3,595,629,Dispute resolution; Business; Online dispute resolution; Law and economics; Law; Adjudication; Value (ethics); Enforcement; Expression (architecture); Use of technology; Autonomy,,,,,https://core.ac.uk/display/46050759 http://pubman.mpdl.mpg.de/pubman/item/escidoc:2239239 https://academic.oup.com/ojls/article-abstract/36/3/595/1752378 https://philpapers.org/rec/ORTSOD https://pure.mpg.de/pubman/faces/ViewItemOverviewPage.jsp?itemId=item_2239239 http://ojls.oxfordjournals.org/lookup/doi/10.1093/ojls/gqv036,http://dx.doi.org/10.1093/ojls/gqv036,,10.1093/ojls/gqv036,2192096242,,0,,21,false,,
044-642-114-086-772,Retail Gasoline Franchise Terminations and Nonrenewals Under Title I of the Petroleum Marketing Practices Act,1980-06-01,1980,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Timothy J. Corrigan,,29,3,522,545,Gasoline; Business; Marketing; Franchise; Petroleum industry; Petroleum,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2743&context=dlj https://scholarship.law.duke.edu/dlj/vol29/iss3/3/ https://core.ac.uk/download/62550470.pdf,https://scholarship.law.duke.edu/dlj/vol29/iss3/3/,,,1602832971,,0,,0,true,,
044-751-336-081-945,Some Confusing Matters Relating to Arbitration Under the United States Arbitration Act,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Wesley A. Sturges; Irving Olds Murphy,,17,3,580,629,Arbitration; Compulsory arbitration; Political science; Law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2541&context=lcp https://core.ac.uk/display/62557244 https://scholarship.law.duke.edu/lcp/vol17/iss3/7/ https://core.ac.uk/download/62557244.pdf,http://dx.doi.org/10.2307/1190211,,10.2307/1190211,1519704982,,0,,2,true,,green
044-783-332-957-176,Taking What They Give Us: Explaining the Court's Federalism Offensive,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Keith E. Whittington,"For several years now, the Supreme Court has disquieted observers and commentators by reasserting the presence of constitutional limitations on national power resulting from the federal structure of the American political system. Although not quite amounting to a revolution in American constitutional law, the recent federalism cases are nonetheless striking. They are, of course, most remarkable because they reverse over fifty years of nearly uninterrupted deference to the national government in matters relating to federalism and the structural limits on the powers of the central government. With the exception of an ill-fated attempt to identify such limits in 1976, under the guidance of then–Associate Justice William Rehnquist, the",51,1,477,520,Precedent; European Union law; New Federalism; Political question; Economics; Law; Supreme court; Dual federalism; Federalism; Original jurisdiction,,,,,http://dx.doi.org/10.2307/1373241 https://dx.doi.org/10.2307/1373241 https://core.ac.uk/display/62548926 https://scholar.princeton.edu/kewhitt/publications/taking-what-they-give-us-explaining-courts-federalism-offensive https://scholarship.law.duke.edu/dlj/vol51/iss1/13/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1134&context=dlj https://core.ac.uk/download/62548926.pdf,http://dx.doi.org/10.2307/1373241,,10.2307/1373241,1554659071,,0,,45,true,,green
044-911-442-427-858,Mandatory arbitration of employment disputes—implications for policy and practice,,2001,journal article,The Cornell Hotel and Restaurant Administration Quarterly,00108804; 15523853,SAGE Publications,United States,D Sherwyn,"In jurisdictions where mandatory-arbitration policies for employment disputes are enforceable, they can be a useful tool for employers and employees alike",42,5,60,71,Arbitration; Business; Compulsory arbitration; Law and economics; Labour economics; Law; Political science; Economics,,,,,https://core.ac.uk/download/pdf/145015852.pdf,http://dx.doi.org/10.1016/s0010-8804(01)80058-6,,10.1016/s0010-8804(01)80058-6,,,0,,0,true,,green
045-029-150-632-516,Harnessing Intellectual Property for Development: Some Thoughts on an Appropriate Theoretical Framework,2017-05-17,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Caroline B. Ncube,"This paper considers how an appropriate theoretical framework for Intellectual Property may be constructed. Such a framework would be the lens through which contested IP issues may be resolved and upon which national IP policy and legislation might be based. The paper begins by highlighting the inherent tensions in IP, which are caused by the various stakeholder interests that this body of law seeks to balance, and by the cross-cutting nature of IP. It contends that in order to more equitably balance the contesting rights of the creators and users, IP rights should be formulated and enforced so as to meet societal goals or serve public interest, be responsive to the economic environment, and take cognisance of the human rights claims of both creators and users.;  ; National socio-economic goals should inform such a framework in a way that ensures that IP is used as a means to achieve these goals and is not perceived as an end. This will require nuances in policy and legislation that meet the country's needs. In particular, as a developing country South Africa would do well to exploit available flexibilities in the various international IP agreements by which it is bound.;  ; Due regard also ought to be had to the users' need for affordable access to IP-protected goods in order that they may exercise the right to work and access to knowledge, as provided for by ss 22 and 16 of the Constitution respectively. Similarly, creators ought to be given due recognition, together with reasonable reward and remuneration for their efforts. This will be achieved through the creation of an IP system that provides protection that is compatible with the nature of the good being protected and the manner in which the creative process unfolds. Such protection should rely on registration systems are efficient, simplified and affordable. The accompanying enforcement system should be equally accessible, although the costs of enforcement would depend on the forum used to secure redress. Finally, the resulting IP regulatory framework should be both certain and clear.",16,4,368,395,Economics; Human rights; Law; Right to work; Public interest; Redress; Legislation; Remuneration; Enforcement; Intellectual property,,,,,https://perjournal.co.za/article/view/2420 https://open.uct.ac.za/bitstream/11427/12556/1/Ncube_IP_for_Development-Framework_2013.pdf https://journals.assaf.org.za/per/article/view/2420 https://www.ajol.info/index.php/pelj/article/view/99743/89021 https://repository.nwu.ac.za:443/handle/10394/10015 https://dspace.nwu.ac.za/handle/10394/10015?show=full http://www.scielo.org.za/pdf/pelj/v16n4/11.pdf http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812013000400011 https://www.ajol.info/index.php/pelj/article/view/99743 https://open.uct.ac.za/handle/11427/12556 https://journals.co.za/content/perblad/16/4/EJC146838 https://core.ac.uk/download/pdf/231092289.pdf,http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2420,,10.17159/1727-3781/2013/v16i4a2420,1985665627,,0,000-749-753-816-499; 003-025-464-967-843; 003-368-523-265-361; 003-437-972-679-128; 008-702-217-310-673; 012-167-461-184-958; 017-439-211-790-996; 020-560-284-308-470; 025-922-098-904-217; 027-880-872-419-895; 029-944-452-303-848; 035-518-040-582-284; 044-406-845-723-152; 048-104-368-307-958; 048-695-911-868-122; 051-292-023-245-236; 062-952-642-331-934; 065-422-627-099-031; 069-735-588-038-326; 074-281-337-568-469; 082-622-730-038-387; 088-131-964-176-741; 089-843-089-253-076; 090-629-921-393-260; 100-767-382-538-470; 117-140-074-112-791; 122-429-724-188-113; 129-798-330-692-606; 141-788-262-576-165; 144-773-122-647-723; 152-776-376-385-173; 153-641-839-893-034; 160-472-728-214-173; 165-119-291-442-572; 177-787-166-513-49X; 185-106-909-812-575; 199-893-228-260-051,0,true,cc-by,gold
045-069-012-073-783,Review of Trademark and Its Enforcement Provisions under TRIPS,2018-03-26,2018,journal article,Journal of Asian Research,25751581; 25751565,"Scholink Co, Ltd.",,Sohaib Mukhtar; Zinatul Ashiqin Zainol; Sufian Jusoh; Anowar Zahid,"T rademark and its enforcement provisions are imbedded in Agreement on Trade Related Aspect of Intellectual Property Rights (TRIPS) for promotion and protection of Intellectual Property (IP) rights in member countries of World Trade Organization (WTO). Compliance with trademark and its enforcement provisions (15-21, 41-61) of TRIPS and implementation are two different things , e.g. , enactment of law and its implementation hence more efforts are required for smooth implementation of IP rights in member counties. TRIPS is the only International Treaty containing exhaustive enforcement provisions for enforcement of IP rights in member countries. This article is a qualitative method of research reviewing provisions of TRIPS dealing with trademark (15-21) and its enforcement procedures (41-61) in member countries. Trademark enforcement procedures of member countries must be adequate, expedient and must not be complicated, costly and time consuming. Trademark enforcement procedures must be based upon due process of law and fair trial so that aggrieved party may (i) attain damages and compensation for loss due to trademark infringement, (ii) obtain injunctions to prevent trademark infringement in future, and (iii) punish counterfeiter/infringer with imprisonment and fine. Trademark and its enforcement provisions of TRIPS are required to be complied by member countries as there are hurdles in implementation of enforcement provisions , e.g. , lack of IP knowledge, IP experts, long borders, deficiency in man power etc. which are required to be sorted out to promote and protect legitimate trade activities in member countries which is a long process needs to be achieved by positive steps under the light of trademark and its enforcement provisions of TRIPS.",2,2,86,,Business; TRIPS architecture; Law and economics; Damages; Imprisonment; Trademark; Enforcement; Trademark infringement; Due process; Intellectual property,,,,,http://www.scholink.org/ojs/index.php/jar/article/view/1307 http://www.scholink.org/ojs/index.php/jar/article/download/1307/1474 https://core.ac.uk/download/pdf/268086193.pdf,http://dx.doi.org/10.22158/jar.v2n2p86,,10.22158/jar.v2n2p86,2791322876,,0,,1,true,cc-by,gold
045-607-650-359-108,Overcoming the Challenges in Establishing Arbitration in Brazil: A Historical Perspective,2017-08-14,2017,journal article,Journal of the History of International Law,1388199x; 15718050,Brill,Netherlands,Leonardo Valladares Pacheco de Oliveira,"This article provides a perspective on two barriers created in the Brazilian legal system that were crucial for the stagnation of arbitration in Brazil. The anti-arbitration measures adopted from 1867 until 1996 were detrimental to the acceptance of arbitration as a common method of solving disputes in Brazil. Although the practice of arbitration in Brazil began while it was still a Portuguese colony, two Decrees enacted in 1867 and 1878 provided a step back into the arbitration scenario. The first determined that the arbitration agreement was a promise to submit disputes to arbitration instead of a contract to have future disputes arbitrated. The second stated that an international arbitral award had to be recognised in the jurisdiction where it was issued before its submission for recognition and enforcement in Brazil. However, Brazil overcame these impediments which, at the end of the last century, were repealed.",19,3,397,421,Arbitration; Compulsory arbitration; Political science; Public international law; Law; Perspective (graphical); Jurisdiction; Enforcement; Portuguese; International law,,,,,https://brill.com/view/journals/jhil/19/3/article-p397_3.xml?lang=en https://arro.anglia.ac.uk/701109/ https://core.ac.uk/display/77284250 https://core.ac.uk/download/226983644.pdf,http://dx.doi.org/10.1163/15718050-1921340077,,10.1163/15718050-1921340077,2626346238,,0,,0,true,,green
045-876-559-731-787,Pros And Cons Of E-Commerce Taxation,2011-02-28,2011,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Mark G. Simkin; Graham W. Bartlett; J. P. Shim,"Tax policies affecting the Internet have important implications for the continued growth of e-commerce and trade, as well as the future of both corporate and individual privacy. This paper explores some of the issues concerning both domestic and international Internet taxation, reviews the current Internet Tax Freedom Act, analyzes e-commerce and its effects on taxing systems throughout the world, and provides arguments for and against e-commerce taxation and regulation.",1,2,,,Public economics; The Internet; Economics; Double taxation; Commerce; International taxation; E-commerce,,,,,https://www.cluteinstitute.com/ojs/index.php/IBER/article/view/3894 https://core.ac.uk/download/pdf/268107308.pdf,http://dx.doi.org/10.19030/iber.v1i2.3894,,10.19030/iber.v1i2.3894,2173315990,,0,096-177-070-919-941; 106-272-362-126-632; 171-916-787-313-298,2,true,,bronze
045-881-796-595-631,THE RIGHTS OF MAN IN THE WORLD COMMUNITY: CONSTITUTIONAL ILLUSIONS VERSUS RATIONAL ACTION,,1949,journal article,The Yale Law Journal,00440094,JSTOR,United States,Myres S. McDougal; Gertrude C. K. Leighton,"It is only from a perspectiv6 of centuries that the United Nations program for ""human rights"" can be accurately observed or rationally appraised. This program, too often thought to be at the periphery of the purposes of the United Nations, represents in fact the main core of rational objectives not only of the United Nations but of all democratic government.1 It represents the converging and integration on a global scale of many movements, movements hitherto restricted in areal diffusion but centuries-old and rooted deep in universal human nature and civilized culture.2 It is heir to all the great historic democratic movements-for constitutionalism, freedom, equality, fraternity, humanitarianism, liberalism, enlightenment, peace, opportunity, and so on It is the contemporary culmination of man's long struggle for all his basic human values:",59,1,3,,Human rights; Political science; Law and economics; Fraternity; World community; Action (philosophy); Enlightenment; Liberalism; Democracy; Constitutionalism,,,,,https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5282&context=ylj https://digitalcommons.law.yale.edu/ylj/vol59/iss1/3/ https://core.ac.uk/display/62557479 https://core.ac.uk/download/62557479.pdf,http://dx.doi.org/10.2307/793135,,10.2307/793135,2795710185,,0,,3,true,,green
046-024-003-614-442,China (Shanghai) Pilot Free Trade Zone investor-state dispute settlement : an uncertain experiment,2017-08-08,2017,journal article,The Journal of World Investment & Trade,16607112; 22119000,Brill,,Gonzalo Villalta Puig; Sabrina Leung Tsam Tai,"The China (Shanghai) Pilot Free Trade Zone (PFTZ) is the first free trade zone of the People’s Republic of China (PRC). It seeks to reform the national economy and open it up to foreign investment. This article argues that the suite of legal instruments that establish the PFTZ – the Framework Plan, the Negative List, the Decision, and the Management Method – are legally uncertain and that their legal uncertainty could cause disputes between PFTZ investors and the PRC. To address the problem of legal uncertainty, the article proposes, first, the adoption of a rational connection to the PFTZ as the test for jurisdiction of the PFTZ Court and the PFTZ Court of Arbitration; secondly, the enactment of the Negative List and the Decision as laws in order to clarify their legal status; and, thirdly, a reform of the PFTZ dispute settlement mechanism under the Management Method into an arbitral system.",18,4,673,711,Free trade zone; International trade; Arbitration; Economics; Order (exchange); China; Jurisdiction; Investor-state dispute settlement; Foreign direct investment; International law,,,,,https://hull-repository.worktribe.com/output/450531 https://brill.com/content/journals/10.1163/22119000-12340055 https://hull-repository.worktribe.com/preview/1150838/2019-08-16%2014760%20Villalta%20Puig.pdf https://brill.com/view/journals/jwit/18/4/article-p673_3.xml?language=en https://hydra.hull.ac.uk/resources/hull:14760,http://dx.doi.org/10.1163/22119000-12340055,,10.1163/22119000-12340055,2742959321,,0,,1,true,cc-by,green
046-265-202-304-217,Enforcing privacy in e-commerce by balancing anonymity and trust,,2011,journal article,Computers & Security,01674048,Elsevier BV,United Kingdom,Giampaolo Bella; Rosario Giustolisi; Salvatore Riccobene,"Privacy is a major concern in e-commerce. There exist two main paradigms to protect the customer's privacy: one relies on the customer's trust that the network will conform to his privacy policy, the other one insists on the customer's anonymity. A new paradigm is advanced here as a natural balance between these two. It sees the customer act using his real identity but only circulate cover data that conceal the resources he requires. Privacy enforcement is thus shifted from the customer's identity to his purchase preferences. The new paradigm is suitable for scenarios such as eBay purchases where trust that a network sticks to a privacy policy is problematic, while anonymity is either forbidden or impossible. The computation of cover data is done by a node other than the customer in order to minimize impact on the customer. That node will therefore see the customer's private data that are used to compute the cover. This demands some technology to prevent the node from exposing private data. An existing protocol developed for self-enforcing privacy in the area of e-polls is thoroughly analysed and found somewhat weak in terms of fairness among its participants. A stronger version is designed and adopted, together with an innovative differential-privacy preserving function, in the new privacy paradigm. The strengthened e-poll protocol and the new differential-privacy preserving function, which strictly speaking only are side contributions of this paper, each appear as important as the new e-commerce privacy paradigm.",30,8,705,718,Privacy policy; Internet privacy; Information privacy; Anonymity; Privacy by Design; Differential privacy; Enforcement; Computer security; Computer science; Node (networking); Privacy software; E-commerce,,,,,https://core.ac.uk/display/2751000 https://dl.acm.org/doi/10.1016/j.cose.2011.08.005 https://orbilu.uni.lu/bitstream/10993/16945/1/jprivacy-cose-new.pdf https://doi.org/10.1016/j.cose.2011.08.005 https://dblp.uni-trier.de/db/journals/compsec/compsec30.html#BellaGR11 https://www.sciencedirect.com/science/article/pii/S0167404811001052,http://dx.doi.org/10.1016/j.cose.2011.08.005,,10.1016/j.cose.2011.08.005,1996011307,,0,000-366-325-262-014; 002-192-461-090-523; 005-929-656-259-088; 012-077-684-854-825; 012-755-567-780-759; 015-724-983-924-51X; 016-734-568-158-825; 018-717-508-245-677; 040-208-966-048-066; 042-958-989-344-517; 044-562-706-822-534; 047-664-342-126-242; 053-788-929-068-610; 056-566-333-868-292; 056-704-211-582-758; 068-460-901-881-226; 071-398-489-007-193; 079-787-879-356-102; 081-332-563-943-854; 092-817-165-486-55X; 094-479-098-607-959; 098-892-902-051-803; 099-636-496-379-523; 105-055-984-743-056; 109-244-912-187-423; 143-617-378-478-280; 148-406-889-828-002; 160-731-545-376-472; 175-731-344-691-999,22,true,cc-by-nc-sa,green
046-288-880-801-580,"Amazon, or the Modern Prometheus: How the Kindle is Firing Up a Reading Revolution, and Why the Status Quo is Resisting",2015-04-21,2015,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Stanley Joseph Konoval,<jats:p>--</jats:p>,33,1,118,141,Status quo; Media studies; Amazon rainforest; Reading (process); History,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/76/83 https://core.ac.uk/display/44257180 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/76 https://core.ac.uk/download/pdf/296521731.pdf,http://dx.doi.org/10.5195/jlc.2014.76,,10.5195/jlc.2014.76,2008866759,,0,,0,true,cc-by-nc-nd,gold
046-598-175-903-526,E-Commerce Transaction Mechanisms And Buyer-Supplier Relationship,2011-02-03,2011,journal article,Journal of Business & Economics Research (JBER),21578893; 15424448,Clute Institute,,Sungmin Ryu; Ken Hung,"Information exchange between the buyer and supplier is an important aspect of supply chain management. B2B e-commerce helps firms to share information, maintain relationships, and conduct transactions more efficiently. The choice of B2B e-commerce transactions will influence, and as well as affect, the relationships between exchange parties. Thus, the choice of e-commerce transaction mechanisms has a relational context. An appropriate choice of a transaction mechanism can affect a firm’s strategy, procurement decisions, and performance. It had been argued that e-commerce facilitates both discrete and relational exchanges, and it has a dual impact on business relationships. In this paper, we examine a collection of diverse studies on EDI and e-marketplace from marketing and information systems literatures. We assimilate these findings for managers considering choices on e-commerce transaction mechanisms. We hope that this will provide managers a more consistent understanding of buyer-supplier relationships in the B2B e-commerce context.",7,2,,,Supplier relationship management; Business; Marketing; Information system; Information exchange; Procurement; Context (language use); Industrial organization; Supply chain management; Database transaction; E-commerce,,,,,https://clutejournals.com/index.php/JBER/article/download/2263/2311 https://www.cluteinstitute.com/ojs/index.php/JBER/article/view/2263/0 https://core.ac.uk/download/pdf/268111516.pdf,http://dx.doi.org/10.19030/jber.v7i2.2263,,10.19030/jber.v7i2.2263,1673510179,,0,003-509-375-774-266; 006-212-555-912-269; 009-014-376-431-672; 009-309-318-676-151; 009-748-278-491-762; 010-231-257-583-768; 011-438-541-887-587; 011-723-997-946-832; 012-910-458-582-873; 014-672-740-050-848; 014-977-853-120-387; 016-140-802-569-916; 017-928-139-309-092; 019-000-226-082-732; 019-427-754-479-082; 021-125-370-155-028; 023-834-244-888-110; 027-259-046-941-184; 028-722-487-941-460; 033-706-454-003-84X; 037-067-667-024-342; 037-574-215-563-501; 038-125-825-905-487; 048-869-172-620-744; 054-678-934-155-697; 058-305-042-946-702; 060-327-761-794-054; 060-422-367-258-46X; 060-429-611-810-255; 061-639-740-142-064; 062-769-036-276-108; 063-677-727-186-37X; 069-645-883-687-784; 070-261-896-269-322; 071-905-775-797-804; 073-437-726-262-182; 075-463-352-017-976; 076-297-710-727-341; 076-581-548-951-019; 077-396-111-315-142; 079-677-895-043-475; 080-679-554-785-272; 082-332-611-391-326; 085-955-512-627-137; 087-479-442-413-720; 087-876-552-672-255; 090-056-669-758-735; 092-483-636-318-011; 095-298-430-325-253; 096-975-688-408-103; 098-513-465-689-979; 100-729-315-522-543; 101-094-846-484-814; 104-827-461-504-743; 108-258-628-873-275; 119-869-196-000-199; 125-538-155-975-978; 125-544-381-841-143; 126-351-377-013-674; 131-897-079-363-049; 147-612-899-205-07X; 148-575-574-525-821; 150-158-026-711-601; 151-442-789-438-679; 151-681-790-455-749; 154-163-777-383-030; 158-476-844-526-541; 169-499-903-183-122; 171-540-871-188-52X; 173-318-223-128-364; 174-879-360-723-895; 175-900-028-010-498; 187-814-108-592-744,3,true,,green
046-650-858-875-734,Administrative Procedure and the Control of Foreign Direct Investment,,1970,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,James O. Freedman,,119,1,1,,Business; International economics; Control (management); Foreign direct investment; Market economy,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5801&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol119/iss1/1/ https://core.ac.uk/download/151688323.pdf,http://dx.doi.org/10.2307/3311399,,10.2307/3311399,1068126186,,0,,0,true,,green
046-663-764-292-813,Economic deficits in the competition policy analysis of e-commerce: is the current enforcement practice justified from an economic perspective?,,2016,journal article,Competition Law & Policy Debate,2405481x; 25423967,Edward Elgar Publishing,,Kai-Uwe Kühn,,2,2,53,62,,,,,,,http://dx.doi.org/10.4337/clpd.2016.02.07,,10.4337/clpd.2016.02.07,,,0,,0,false,,
046-718-926-826-634,Separation of Powers and the Scope of Federal Equitable Remedies,,1978,journal article,Stanford Law Review,00389765,JSTOR,United States,Robert F. Nagel,,30,4,661,,Separation of powers; Political science; Constitutional law; Law and economics; Prison reform; Desegregation; Supremacy Clause; Scope (project management); Federalism,,,,,https://scholar.law.colorado.edu/articles/1091/ https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=2109&context=articles https://core.ac.uk/download/pdf/200222837.pdf,http://dx.doi.org/10.2307/1228320,,10.2307/1228320,2797917365,,0,,15,true,,green
046-802-872-817-901,"Smart contracts: Terminology, technical limitations and real world complexity",2017-07-03,2017,journal article,"Law, Innovation and Technology",17579961; 1757997x,Informa UK Limited,,Eliza Mik,"ABSTRACTIf one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding the term smart contract, this paper presents some technological and legal constraints on their use. It confronts the popular claims concerning their ability to automate transactions and to ensure perfect performance. It also examines the possibility of reducing contractual relationships to code and the ability to integrate s...",9,2,269,300,Code (semiotics); Law; Smart contract; Popular press; Computer security; Computer science; Terminology; Term (time); Transactional leadership,,,,,https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=4298&context=sol_research https://ink.library.smu.edu.sg/sol_research/2341/ https://www.tandfonline.com/doi/full/10.1080/17579961.2017.1378468 https://core.ac.uk/display/132698353 https://core.ac.uk/download/132698353.pdf,http://dx.doi.org/10.1080/17579961.2017.1378468,,10.1080/17579961.2017.1378468,2762995172,,3,,112,true,cc-by-nc-nd,green
046-938-232-285-209,Federal Regulation of the Over-the-Counter Securities Market,,1957,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Alexander Hamilton Frey,,106,1,1,,Business; Investment banking; Interbank lending market; Third market; Bond market; Primary market; Repurchase agreement; Financial regulation; National best bid and offer; Financial system,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7068&context=penn_law_review https://core.ac.uk/display/151689034 https://scholarship.law.upenn.edu/penn_law_review/vol106/iss1/1/ https://core.ac.uk/download/151689034.pdf,http://dx.doi.org/10.2307/3310350,,10.2307/3310350,771525618,,0,,0,true,,green
047-026-963-715-377,"Climate Change: The Real Threat to Delaware Corporate Law, Why Delaware Must Keep a Watchful Eye on the Content of Political Change in the Air",,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,David M. Wilson,"Delaware is the corporate law capital of America. However, when the blowing winds of change alter the environment in which it operates, simply maintaining its bearing will not keep Delaware on course. This article outlines the tactics Delaware must execute in a changing political climate to successfully maintain its course as the leader in corporate law. To understand these tactics one must first be familiar with Delaware’s current bearing and the environment in which it navigates by appreciating the origins of Delaware’s preeminence and the strengths of its system. Equipped with this knowledge one will then be prepared to identify and assess potential threats. Section two of this article begins with a discussion of the history of corporate law in America, the origins of Delaware’s rise, and the significance of Delaware’s strengths. Next, section three outlines and evaluates common views of Delaware’s role in corporate law, including the race theories of a race to the top or race to the bottom, and symbiotic federalism. Then, section four discusses and dismisses several potential threats to Delaware corporate law. Section five outlines Delaware’s current strategy to maintain its course of corporate law predominance. A casual navigator of this article may choose to skip these initial sections, opting to dive directly into the deep waters of the new and intriguing perfect storm described in section six. However, even if one begins the voyage of this article well prepared, aware of Woodrow Wilson’s significance and able to quote the works of Kahan and Rock, there is considerable foundational and analytical benefit gained by investing a few moments to enjoy the familiar concepts presented in these introductory sections. Such a reading will ensure smooth passage through the final section with a more precise understanding of the tactics Delaware must execute and the strategic reasons underlying them.",,,,,Engineering; Political climate; Law; Corporate law; Race to the bottom; Internal affairs doctrine; Section (archaeology); Race to the Top; Casual; Federalism,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1618355 https://core.ac.uk/display/159606875 https://www.ssrn.com/abstract=1618355 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1618355_code1352049.pdf?abstractid=1618355&mirid=2 https://core.ac.uk/download/159606875.pdf,http://dx.doi.org/10.2139/ssrn.1618355,,10.2139/ssrn.1618355,1519139968,,0,108-273-623-522-762; 134-229-612-659-901,3,true,,green
047-175-942-431-454,The Relation of Patents to the Antitrust Laws,,1948,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,George E. Folk,,13,2,278,294,Economics; Law; Relation (history of concept),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2350&context=lcp https://scholarship.law.duke.edu/lcp/vol13/iss2/4/ https://core.ac.uk/display/62557601 https://core.ac.uk/download/62557601.pdf,http://dx.doi.org/10.2307/1189999,,10.2307/1189999,1493722903,,0,,0,true,,green
047-179-051-126-286,"Just Blowing Smoke? Politics, Doctrine, and the Federalist Revival after Gonzales v Raich",,2005,journal article,The Supreme Court Review,00819557; 21582459,University of Chicago Press,United States,Ernest A. Young,,2005,1,4,50,Political science; Constitutional law; Law; Doctrine; Federalist; Judicial review; Politics,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6236&context=faculty_scholarship https://www.jstor.org/stable/10.1086/655193 http://www.journals.uchicago.edu/doi/full/10.1086/655193 https://scholarship.law.duke.edu/faculty_scholarship/3557/ https://www.journals.uchicago.edu/doi/abs/10.1086/655193 https://core.ac.uk/display/62569889 https://core.ac.uk/download/62569889.pdf,http://dx.doi.org/10.1086/655193,,10.1086/655193,1606457373,,0,,9,true,,green
047-285-428-651-080,Impact of International Law on the EU Customs Union,,2019,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Achim Rogmann,"This contribution examines the various international instruments, in both hard and soft law, that have been established by international organisations such as the WTO and WCO and scrutinises how they have been implemented into EU legislation governing the EU Customs Union, thus demonstrating the substantial influence of international instruments on the Customs Union. As the relevant international instruments affect not only the traditional elements of European customs law, but also the EU’s entire export control regime and the framework of the internal market, this contribution demonstrates, moreover, how the Customs Union functions in a globalised world.",12,3,233,245,Business; International trade; Legislation; Customs union; Soft law; Export control; Domestic market; International law,,,,,https://www.elevenjournals.com/tijdschrift/ELR/2019/3/ELR-D-18-00021 http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2019/3/ELR-D-18-00021 https://www.narcis.nl/publication/RecordID/oai%3Arepub.eur.nl%3A126819 https://repub.eur.nl/pub/126819/ELR-D-18-00021.pdf http://www.erasmuslawreview.nl/tijdschrift/ELR/2019/3/ELR-D-18-00021 https://www.bjutijdschriften.nl/tijdschrift/ELR/2019/3/ELR-D-18-00021 https://repub.eur.nl/pub/126819 https://core.ac.uk/download/323093946.pdf,http://dx.doi.org/10.5553/elr.000126,,10.5553/elr.000126,2970980777,,0,,0,true,cc-by-nc-sa,gold
047-670-044-487-550,The Intention and Wisdom of the Division of Legislative Power between Congress and the States,,1908,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,F. J. Stimson,,56,6,361,,,,,,,https://core.ac.uk/download/151688889.pdf,http://dx.doi.org/10.2307/3313080,,10.2307/3313080,,,0,,0,true,cc0,green
047-806-035-666-936,Structural Approaches to the Problem of Television Network Economic Dominance,1979-02-01,1979,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Bruce M. Owen,,28,1,191,244,Dominance (economics); Economics; Economic geography; Economic growth,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2693&context=dlj https://scholarship.law.duke.edu/dlj/vol28/iss1/4/ https://core.ac.uk/display/62550521 https://core.ac.uk/download/62550521.pdf,https://scholarship.law.duke.edu/dlj/vol28/iss1/4/,,,1950854234,,0,,1,true,,
047-845-311-296-671,Imagining a Counterfactual Section 36: Rebalancing New Zealand's Competition Law Framework,2015-12-01,2015,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Andrew I. Gavil,"Like the competition-related laws of most other nations, Section 36 of New Zealand's Commerce Act 1986 includes a prohibition of some unilateral acts by firms with substantial market power. Such prohibitions reflect the consensus view of many jurisdictions, courts and commentators that the anticompetitive potential of unilateral conduct largely depends on the market power of the firm undertaking it. In lieu of an inquiry into the actual or probable effects of challenged conduct, however, Section 36 has been interpreted to rely on a ""counterfactual"" test, seemingly unique in the world. Under that approach, courts have been directed to ask whether a firm lacking substantial market power would have engaged in the same conduct, and from the answer to that question to infer the likely effects of the conduct by the firm with market power. This article argues that the counterfactual test will frequently be an unreliable method for implementing the language and underlying purposes of s 36. In many common circumstances it will likely fail to proscribe conduct that may well be harmful to competition and consumers, and result in systematic under-deterrence. In other cases, it may fail to recognize and credit efficiencies that might be unique to the firm with market power, and hence over-deter procompetitive conduct. The article concludes by considering several options for reform.",46,4,1043,,Counterfactual thinking; Publishing; Economics; Project commissioning; Law and economics; Market power; Competition law; Test (assessment); Competition (economics); Ask price,,,,,http://search.informit.com.au/fullText;dn=842475292418325;res=IELHSS https://ojs.victoria.ac.nz/vuwlr/article/download/4883/4335 https://core.ac.uk/download/pdf/229716538.pdf,http://dx.doi.org/10.26686/vuwlr.v46i4.4883,,10.26686/vuwlr.v46i4.4883,3125378424,,0,,0,true,,bronze
047-963-069-341-59X,Penegakan Hukum dalam Penyelesaian Sengketa Transaksi Electronic Commerce,2020-08-20,2020,journal article,Jurnal Interpretasi Hukum,27465047,Universitas Warmadewa,,Ni Luh Kadek Dwi Fenny Febriyanti; I Nyoman Putu Budiartha; Ni Made Spasutari Ujianti,"E-commerce transaction as a trade transaction contract between sellers and buyers using the internet media provide convenience for both consumers and businesses, but these transactions also have some weaknesses that can lead to legal problems. This research discusses issues regarding the validity of the agreement related to e-commerce transactions and the law enforcement efforts in resolving e-commerce transaction disputes. This research uses a normative research method with a statute and conceptual approach. The collection of legal materials is carried out using the literature study method which is then systematically compiled and analyzed using the described method. The validity of the agreement is related to e-commerce transactions if it meets Article 1320 of the Civil Code, including the agreement of those who bound themselves, the ability to make an agreement, the existence of a certain matter, and the existence of a halal cause. Law enforcement efforts in resolving e-commerce transaction disputes are carried out preventively through legislation and repressive measures through litigation and non-litigation channels such as through arbitration, consultation, mediation, conciliation, or expert judgment. In addition, it can also be resolved through BPSK, LPKSM, and the Directorate of Consumer Protection.",1,1,173,178,Business; Arbitration; Conciliation; Mediation; Law and economics; Civil code; Law enforcement; Consumer protection; Database transaction; E-commerce,,,,,https://www.ejournal.warmadewa.ac.id/index.php/juinhum/article/view/2206,http://dx.doi.org/10.22225/juinhum.1.1.2206.173-178,,10.22225/juinhum.1.1.2206.173-178,3060841207,,0,,0,true,,bronze
048-132-710-928-185,The Spending Power,,1994,journal article,Duke Law Journal,00127086,JSTOR,United States,David E. Engdahl,,44,1,1,109,Public economics; Economic policy; Political science; Power (social and political); Legislature,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3258&context=dlj https://scholarship.law.duke.edu/dlj/vol44/iss1/1/ https://core.ac.uk/display/62549315 https://core.ac.uk/download/62549315.pdf,http://dx.doi.org/10.2307/1372866,,10.2307/1372866,1599445465,,0,,14,true,,
048-159-579-609-268,Federal and State Regulation of Trade-Marks,,1949,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Bartholomew Diggins,"The Lanham Trade-Mark Act of I9461 is the result of years of work by business, bar, and Congress to secure comprehensive and uniform legislation in the field of trade-marks and unfair competition.2 Prior to the effective date of the Lanham Act,3 the law of trade-marks and unfair competition was a patchwork of federal and state law. It is the purpose of this paper to examine the extent to which the Lanham Act has brought order and uniformity to the unsettled and unsatisfactory conditions which preceded its enactment.",14,2,200,219,Work (electrical); Political science; Order (exchange); Law; Unfair competition; State (polity); Legislation; Lanham Act; State law; Effective date,,,,,https://scholarship.law.duke.edu/lcp/vol14/iss2/3/ https://core.ac.uk/display/62557487 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2404&context=lcp https://www.jstor.org/stable/1189832 https://core.ac.uk/download/62557487.pdf,http://dx.doi.org/10.2307/1189832,,10.2307/1189832,1488764340,,0,,1,true,,green
048-256-050-417-076,"Leaving the European Safe Harbor, Sailing Towards Algorithmic Content Regulation",,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Thomas Riis; Sebastian Felix Schwemer,"This article tracks the different proposals of automated content-takedown measures in the European Union. Then it briefly identifies some common issues in the context of the European safe harbor regime and the existing notice-and-takedown system. It argues that the policy trend towards algorithmic content regulation is problematic: firstly, there is only little known about the workings of algorithmic content enforcement at this point. Secondly, the legislator appears to prefer soft law and industry self-regulation over legislative intervention based on secondary law. Thirdly, the reliance on algorithmic content regulation represents a departure from the traditional intermediary liability regime.; ; The article covers Article 13 of the Directive on copyright in the Digital Single Market [now Article 17 of Directive 2019/790 (EU), Articles 14 and 15 of the E-Commerce Directive, Commission Recommendation (EU) 2018/334 on measures to effectively tackle illegal content online, revised Audiovisual Media Services Directive, Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online.",,,,,Political science; Law and economics; Liability; Directive; Soft law; Enforcement; Context (language use); Legislator; European union; Legislature,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3300159 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3333677_code2440818.pdf?abstractid=3300159&mirid=1,http://dx.doi.org/10.2139/ssrn.3300159,,10.2139/ssrn.3300159,3128632091,,0,,2,true,cc0,green
048-430-148-174-528,BACK TO THE FUTURE: THREE CIVIL WARS AND THE LAW OF NEUTRALITY,1996-06-01,1996,journal article,Journal of Conflict and Security Law,14677954; 14677962,Oxford University Press (OUP),United Kingdom,Elizabeth Chadwick,,1,1,1,31,Political science; Law; Neutrality,,,,,https://academic.oup.com/jcsl/article-abstract/1/1/1/784688/ https://core.ac.uk/display/30635964 https://irep.ntu.ac.uk/id/eprint/11931/ https://core.ac.uk/download/30635964.pdf,http://dx.doi.org/10.1093/jcsl/1.1.1,,10.1093/jcsl/1.1.1,2326076107,,0,,1,true,,green
048-482-458-566-88X,Provisional and protective measures in the Draft of the New Hungarian Civil Procedure,,2017,journal article,Hungarian Journal of Legal Studies,24985473,Akademiai Kiado Zrt.,,Lajos Wallacher,This paper presents and analyzes the rules of provisional and protective measures as laid down in the current Draft of the New Hungarian Civil Procedure. It focuses on the purposes and contents of the provisional measures and devotes a separate section to the function of the security that the applicant has to deposit if ordered by the court. The paper concludes that provisional measures have a special mixed character in the sense that they are simultaneously and tightly connected to substantive law and procedural law. The security is regulated in accordance with this mixed character.,58,1,106,113,Engineering; Law; Procedural law; Section (typography); Substantive law; Civil procedure; Function (engineering),,,,,https://core.ac.uk/display/95352143 https://akjournals.com/view/journals/2052/58/1/article-p106.xml http://real.mtak.hu/61980/ https://www.akademiai.com/doi/abs/10.1556/2052.2017.58.1.7 https://core.ac.uk/download/95352143.pdf,http://dx.doi.org/10.1556/2052.2017.58.1.7,,10.1556/2052.2017.58.1.7,2749723103,,0,,0,true,,green
048-768-092-521-778,The Common European Sales Law proposal - European Private Law at the crossroads?,2014-06-10,2014,journal article,Amicus Curiae,2048481x; 14612097,School of Advanced Study,,Maren Heidemann,"In this article Dr Maren Heidemann discusses arguments in favour and against the legal basis of the Proposal for the Regulation of the European Parliament (EP) and the Council on a Common European Sales Law (CESL), published as COM (2011) 635 final of 11 October 2011. It considers the international private law as well as some individual substantive rules of both the Regulation and the actual sales law. The author makes suggestions on how to adjust and complement this instrument in order to achieve what the EU legislator is setting out to do, and what the legal and trading community, including consumers need.",2012,91,2,11,Sources of law; Comparative law; Statutory law; Political science; Public law; Civil law (legal system); Law; Private law; Commercial law; Municipal law,,,,,https://journals.sas.ac.uk/amicus/article/view/2092 https://sas-space.sas.ac.uk/5771/ http://eprints.gla.ac.uk/85049/ https://core.ac.uk/download/196221803.pdf,http://dx.doi.org/10.14296/ac.v2012i91.2092,,10.14296/ac.v2012i91.2092,2131121948,,0,,0,true,,green
048-883-490-691-928,Mr. Justice Brandeis and the Constitution,,1932,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Alpheus Thomas Mason,,80,6,799,,Economic Justice; Political science; Law; Constitution,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol80/iss6/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8534&context=penn_law_review https://core.ac.uk/download/151690019.pdf,http://dx.doi.org/10.2307/3308325,,10.2307/3308325,1835142839,,0,,0,true,,green
048-944-468-000-955,The Case Against the Constitutionality of the Social Security Act,,1936,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Charles Denby,"The purpose of this article is to set forth briefly and as simply as possible the reasons for believing that at least the major provisions of the Social Security Act are unconstitutional. As a background for the discussion, a brief review of the history of the legislation is necessary. Prior to the depression of I92I, there was in this country no movement of any importance for social insurance. Workmen's compensation laws and factory laws regulating the hours of employment of women and children and the installation of safety devices were familiar, but compulsory unemployment insurance had hardly been heard of and, although there were a few private pension plans in existence, statewide old-age pensions had just begun to be mentioned. But the war had left us with a highly developed industrial system and the problem of old-age dependency an(d the problems created by the shortening of the useful life of the industrial worker had already become felt as a consequence. The short depression of I92I drew attention to these problems and to the related one of unemployment. Various states began to experiment with old-age assistance laws and there was even a feeble movement in favor of compulsory unemployment ""insurance.""' The attention of the public was, however, not drawn to these problems until after the current depression was well under way. By 1932, twenty-one states had adopted old-age assistance laws. They were a modified form of poor relief legislation, giving benefits based upon need. All of these laws followed the same general pattern: they provided for grants to aged indigent persons, the amount of the allowance being determined in each case by the need of the individual beneficiary, but being limited in nearly all cases to $30.00 per",3,2,315,331,Public economics; Political science; Law and economics; Beneficiary; Constitutionality; Social Security Act; Private pension; Legislation; Unemployment; Social insurance; Economic security,,,,,https://scholarship.law.duke.edu/lcp/vol3/iss2/16/ https://core.ac.uk/display/62558748 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1812&context=lcp https://www.jstor.org/stable/1189400 https://core.ac.uk/download/62558748.pdf,http://dx.doi.org/10.2307/1189400,,10.2307/1189400,2158111385,,0,,0,true,,green
048-949-255-257-709,Extraterritorial Criminal Jurisdiction under the Antitrust Laws,,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Herbert J. Hovenkamp,"The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible.When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, ""jurisdictional"" and ""substantive"" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of domestic antitrust decisions would make little economic, political, or social sense.The purpose of the distinction between the per se rule and rule of reason is to identify and distinguish situations where anticompetitive effects can be assessed at relatively low administrative costs from those that require more complete analysis. The Ninth Circuit has spoken of a ""jurisdictional"" rule of reason. However, merging considerations of comity, foreign interests, and domestic effects from extraterritorial conduct into questions about market definition and competitive impact unnecessarily complicates a set of queries that are already sufficiently complex and are in fact quite different from one another.One rationale for expansive reach when foreign anticompetitive activity causes domestic injury is that the sovereign representing purchasers typically has a greater interest than the sovereign representing sellers. A cartel in one country fixing the price of goods for export transfers wealth away from the territory containing the buyers and toward the territory containing the sellers. Sovereigns, including the United States, have typically been less concerned with condemning restraints on export trade where all the buyers are foreign than with restraints on imports. This aspect of United States policy is reflected in the Foreign Trade Antitrust Improvements Act (FTAIA) as well as the Restatement (Third) of the Foreign Relations Law of the United States. At the same time, however, the ""effects"" query takes on additional relevance in cases involving extraterritorial conduct, because legislative jurisdiction under the Commerce Clause or statutory reach under the Sherman Act or FTAIA require some harmful effect in the United States. Thus, for example, a naked cartel abroad can be made subject to a criminal indictment and per se treatment. However, the government must show a sufficient effect justifying invocation of United States law. Nevertheless, requiring this effect is quite different from requiring full rule of reason treatment for naked cartel activity.",,,,,Political science; Law; Criminal law; Rule of reason; Jurisdiction; Comity; Commerce Clause; Cartel; Criminal jurisdiction; Consent decree,,,,,https://scholarship.law.upenn.edu/faculty_scholarship/1850/ https://core.ac.uk/display/151696193 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2224099_code650352.pdf?abstractid=2220911&mirid=1 https://www.ssrn.com/abstract=2220911 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2220911 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2852&context=faculty_scholarship https://core.ac.uk/download/151696193.pdf,http://dx.doi.org/10.2139/ssrn.2220911,,10.2139/ssrn.2220911,1862104818,,0,011-174-461-935-220; 074-443-631-974-520; 106-336-790-903-346; 137-981-892-989-466,2,true,,green
048-987-825-917-084,"Scientific Advancement in Contemporary Society: The Interface between Technology, Science and Law",2019-11-30,2019,journal article,European Scientific Journal ESJ,18577881; 18577431,"European Scientific Institute, ESI",,Adetutu Deborah Aina-Pelemo; Ananya P. Patil; Paul A. Ejembi; Sandra Folarin Oloketuyi; Iseoluwa Titilayo Aina,"This article is premised on the relation of technology and applied sciences with law. The three subjects are not only interwoven but cannot be protected and regulated without the viable use of law. The unprecedented advancement ofscientific innovations has far-reaching implication in virtually all ramifications of human endeavour. Technology is an invention created using science, which needs to be sustained by prudent management and law. The research goal is to narrow down a middle ground where all these independent fields can meet and share a symbiotic relationship without stifling each other. The research seeks to ascertain the knowledge and perception of selected university students of Nigeria and India, about Science, Law and Technology. The authors adopted the doctrinal and empirical research methodology coupled with the use of cases and legislations as source of information. The research revealed that majority of the participants has knowledge about the co-existence and impact of Science, Technology and Law in the society. However, the attitude and perception of the participants constitute a fundamental influence on the degree to which technological orientations occur during learning process. Also, 85% of 200 participants agreed that there is need for frequent education and legislation as science and technology evolves in the society. Hence, this article recommends the implementation and frequent modifications of law to continually protect, encourage and ensure the societal sustainability of ethical standards.",15,32,127,127,Empirical research; Contemporary society; Political science; Law; Invention; Perception; Applied science; Legislation; Process (engineering); Sustainability,,,,,https://repozitorij.ung.si/IzpisGradiva.php?id=6205&lang=slv https://www.eujournal.org/index.php/esj/article/view/12573 https://eujournal.org/index.php/esj/article/download/12514/12222 https://core.ac.uk/download/328026763.pdf,http://dx.doi.org/10.19044/esj.2019.v15n32p127,,10.19044/esj.2019.v15n32p127,2992032150,,0,003-917-613-604-864; 009-636-434-335-643; 014-431-536-497-207; 015-314-829-162-981; 016-154-871-714-23X; 028-689-820-941-711; 037-715-710-546-529; 044-564-297-260-866; 046-382-293-718-855; 047-948-425-706-394; 049-300-327-917-738; 061-514-795-217-597; 066-562-991-999-694; 072-428-347-043-624; 104-610-610-921-608; 110-665-093-277-281; 113-382-255-432-838; 138-264-829-253-231; 140-807-833-008-626; 144-275-940-246-532; 151-115-005-052-674; 160-951-694-198-598; 171-623-909-234-127; 178-089-730-474-945; 192-791-936-669-921,0,true,cc-by-nc-nd,hybrid
049-083-308-911-13X,Peranan Hukum dalam Penyelesaian Sengketa E Commerce,2018-05-04,2018,journal article,DIVERSI : Jurnal Hukum,26145936; 25034804,Universitas Islam Kadiri,,Trinas Dewi Hariyana,E commerce memberikan kemudahan dalam melakukan kegiatan perdagangan. Media internet yang tidak memiliki batasan geografis dalam melakukan transaksi tidak menutup kemungkinan menimbulkan beberapa kendala apabila terjadi suatu sengketa. Hukum dalam hal ini memiliki peranan penting untuk mengawal jalannya perdagangan melalui E Commerce. Hadirnya arbitrase online merupakan terobosan dalam pilihan penyelesaian sengketa E commerce. Arbitrase online bisa menjadi alternative dalam memilih penyelesaian sengketa e commerce karena e commerce yang sifatnya lintas batas. Penerapan arbitrase online di Indonesia masih memiliki banyak kendala baik dari segi regulasi maupun infrastrukstur jaringan internet yang memadai agar proses arbitrase secara online bisa berjalan lancar dan memberikan kepastian serta perlindungan hukum.,2,1,307,335,,,,,,https://www.neliti.com/id/publications/276355/peranan-hukum-dalam-penyelesaian-sengketa-e-commerce https://www.neliti.com/publications/276355/peranan-hukum-dalam-penyelesaian-sengketa-e-commerce https://core.ac.uk/download/pdf/229209652.pdf,http://dx.doi.org/10.32503/diversi.v2i1.142,,10.32503/diversi.v2i1.142,2899997867,,0,,1,true,cc-by-nc,hybrid
049-121-284-965-815,The Administration of the Federal Food and Drugs Act,,1933,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Lauffer T. Hayes; Frank J. Ruff,"Three factors combine to make the enforcement of the Federal Food and Drugs Act of I906 an administrative problem of peculiar difficulty. These factors are, first, the nature of the offenses defined by the Act; second, the character of the industries affected; and, finally, the limitations inherent in all federal action under the commerce clause. A brief, preliminary consideration of the effect of each of these three factors may throw light on the development of the administrative machinery set up under that Act. The Act forbids interstate commerce in adulterated and misbranded food and drugs. It provides criminal penalties for violation and also authorizes the seizure of offending products.1 In the case of standard drugs, the United States Pharmacopoeia and the National Formulary were resorted to by Congress for the purpose of establishing standards of purity and quality which the drug manufacturers were enjoined to follow-unless they declared standards of their own on the labels of their products. In that event, their own standards afforded the criteria to which they were obliged to conform.2 In the case of foods, standards were not available, and in their stead, the draftsmen of the Act resorted to generalities proscribing the intermixture or substitution of substances reducing quality, the abstraction of valuable constituents, the concealment of damage or inferiority, the addition of deleterious ingredients, and the use of spoiled animal or vegetable products.3 Misbranding was confined chiefly to",1,1,16,35,Formulary; Business; Law; Pharmacopoeia; Action (philosophy); Commerce Clause; Quality (business); Enforcement; Administration (probate law),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1687&context=lcp https://core.ac.uk/display/62558956 https://scholarship.law.duke.edu/lcp/vol1/iss1/3/ https://www.jstor.org/stable/1189448 https://core.ac.uk/download/62558956.pdf,http://dx.doi.org/10.2307/1189448,,10.2307/1189448,1566102268,,0,,4,true,,green
049-281-721-984-217,On agent-mediated electronic commerce,,2003,journal article,IEEE Transactions on Knowledge and Data Engineering,10414347,Institute of Electrical and Electronics Engineers (IEEE),United States,Minghua He; Nicholas R. Jennings; Ho-fung Leung,"This paper surveys and analyzes the state of the art of agent-mediated electronic commerce (e-commerce), concentrating particularly on the business-to-consumer (B2C) and business-to-business (B2B) aspects. From the consumer buying behavior perspective, agents are being used in the following activities: need identification, product brokering, buyer coalition formation, merchant brokering, and negotiation. The roles of agents in B2B e-commerce are discussed through the business-to-business transaction model that identifies agents as being employed in partnership formation, brokering, and negotiation. Having identified the roles for agents in B2C and B2B e-commerce, some of the key underpinning technologies of this vision are highlighted. Finally, we conclude by discussing the future directions and potential impediments to the wide-scale adoption of agent-mediated e-commerce.",15,4,985,1003,Product (category theory); Negotiation; Computer science; Multi-agent system; Knowledge management; Electronic business; General partnership; Intelligent agent; Identification (information),,,,,https://eprints.soton.ac.uk/258565/ http://users.ecs.soton.ac.uk/nrj/download-files/ec-survey.pdf https://dblp.uni-trier.de/db/journals/tkde/tkde15.html#HeJL03 http://www.ecs.soton.ac.uk/~nrj/download-files/ec-survey.pdf https://www.computer.org/csdl/journal/tk/2003/04/k0985/13rRUxly95U https://ieeexplore.ieee.org/document/1209014/ https://dx.doi.org/10.1109/TKDE.2003.1209014 http://eprints.ecs.soton.ac.uk/8565/1/ec-survey.pdf https://dl.acm.org/doi/10.1109/TKDE.2003.1209014 http://ieeexplore.ieee.org/document/1209014/ http://gkmc.utah.edu/7910F/papers/IEEE%20TKDE%20agent-mediated%20ecommerce.pdf https://eprints.soton.ac.uk/258565/1/ec%2Dsurvey.pdf,http://dx.doi.org/10.1109/tkde.2003.1209014,,10.1109/tkde.2003.1209014,2159112521,,5,000-793-448-350-774; 001-929-777-265-817; 003-698-182-764-585; 003-769-498-954-68X; 004-812-919-230-020; 005-986-643-941-353; 006-363-133-335-885; 007-437-819-314-304; 007-658-953-826-000; 007-690-993-421-710; 007-698-247-789-579; 007-724-236-228-166; 007-730-860-288-040; 008-338-125-178-734; 008-904-381-705-269; 009-722-516-814-075; 010-868-742-674-100; 011-069-419-334-355; 011-083-595-912-792; 011-502-927-158-786; 012-093-973-557-130; 012-184-575-996-756; 012-768-733-851-392; 014-001-202-685-355; 014-096-970-624-015; 015-354-810-671-811; 016-329-426-238-804; 017-223-370-463-914; 017-731-189-897-444; 018-420-656-856-296; 019-680-296-707-824; 022-797-137-195-013; 023-165-863-084-474; 023-997-228-995-844; 025-642-013-016-530; 026-567-770-219-801; 028-942-994-279-779; 029-145-632-139-773; 030-842-770-747-768; 032-548-797-001-216; 035-120-490-618-889; 038-082-086-679-107; 040-364-843-174-550; 041-314-083-046-951; 041-448-060-097-207; 041-527-937-740-98X; 041-948-580-645-757; 042-352-045-064-845; 042-461-456-664-944; 044-393-089-737-574; 044-539-122-371-797; 044-813-232-588-769; 047-158-567-550-480; 047-849-313-016-395; 049-947-540-894-210; 049-957-127-179-079; 050-310-590-710-181; 051-317-788-238-861; 052-344-113-765-807; 053-382-231-979-009; 054-440-494-713-631; 056-065-965-294-666; 056-678-425-771-347; 059-581-265-779-371; 060-866-698-357-865; 061-938-929-638-653; 062-237-470-124-038; 064-427-481-455-393; 064-923-272-073-244; 066-250-617-005-95X; 067-183-414-428-599; 067-515-099-747-247; 067-619-226-224-18X; 067-844-384-479-373; 068-138-672-242-504; 068-562-705-169-204; 069-046-453-654-320; 069-548-995-085-310; 070-268-469-782-49X; 072-095-794-393-99X; 072-867-856-107-23X; 073-534-415-350-729; 073-626-789-973-873; 075-029-971-834-64X; 075-685-236-336-965; 076-027-736-751-50X; 076-051-120-677-559; 076-726-858-637-855; 076-743-117-868-941; 077-239-662-348-304; 077-466-809-865-040; 078-198-403-171-717; 078-701-653-367-646; 079-730-758-591-299; 080-326-722-119-559; 082-022-398-414-942; 082-104-382-074-567; 082-223-970-499-950; 082-434-650-264-319; 082-646-585-216-250; 085-010-553-275-390; 087-767-549-948-676; 087-959-873-277-989; 089-841-763-319-171; 091-065-100-312-115; 095-760-637-466-878; 096-666-445-972-528; 097-190-602-548-401; 099-566-882-823-169; 101-055-634-303-610; 102-661-423-686-777; 103-033-556-758-948; 103-185-753-054-854; 103-843-147-958-521; 108-500-679-176-202; 108-675-026-007-828; 110-521-647-907-810; 111-228-513-530-572; 113-342-584-439-778; 114-284-815-456-457; 115-867-492-494-686; 116-817-853-424-730; 116-819-121-961-900; 117-872-329-843-187; 120-108-954-792-885; 120-401-883-629-388; 120-447-723-907-67X; 120-586-430-604-86X; 120-952-015-264-826; 120-980-104-029-615; 121-510-121-829-366; 122-526-032-852-444; 122-526-871-317-573; 122-910-078-377-825; 123-516-937-508-303; 123-812-860-051-208; 123-906-322-436-079; 125-401-159-424-56X; 128-273-226-973-434; 130-935-470-414-839; 138-384-998-457-469; 138-451-313-721-501; 138-750-865-467-898; 142-586-654-943-690; 143-064-396-658-384; 147-017-529-889-412; 147-432-828-572-800; 150-452-631-944-670; 153-165-345-013-602; 156-684-623-417-329; 157-189-886-342-240; 158-874-320-965-694; 165-723-437-865-887; 166-244-988-524-892; 169-795-179-158-271; 170-008-681-869-589; 170-425-557-164-239; 175-711-171-861-508; 179-004-774-649-453; 183-584-147-283-710; 184-659-148-400-19X; 186-554-933-436-405; 187-669-570-999-458; 189-539-892-565-625; 191-288-561-671-552; 195-209-337-785-085; 195-463-652-620-452; 197-559-235-580-786,394,true,,
049-286-313-568-110,IMPACT OF TAX IMPOSITION ON ELECTRONIC COMMERCE (E-COMMERCE) TRANSACTIONS,2020-01-30,2020,journal article,Perspektif,24067385; 14103648,Universitas Wijaya Kusuma Surabaya,,Nicky Amanati Laily Rizkyana; Sofa Azammusyahadah; Khilaima Faillafah,"Perkembangan teknologi mendorong manusia untuk terus melakukan pembaharuan dan inovasi dalam melakukan suatu kegiatan, khususnya dalam kegiatan bisnis. Para pengusaha secara pribadi merupakan wajib pajak, biasanya dapat dibuktikan dengan kepemilikan suata usaha yang wujudnya nyata, atau memiliki toko yang nyata. Perkembangan dunia teknologi seperti saat ini mendorong masyarakat untuk menjual barang dagangannya tidak hanya di dalam bentuk offline, tetapi dalam wujud online pula. Pembelanjaan online ini pada akhirnya menimbulkan berkembangnya secara pesat market place yang merupakan usaha start up yang saling mempertemukan para penjual dan pembeli secara online. Hal tersebut pada akhirnya mendorong negara untuk membuat suatu aturan yang mewajibkan para pengusaha e-commerce ini untuk menjadi wajib pajak, tujuannya untuk didapatkannya pemasukan negara sebagai salah satu sumber pendapatan negara. The growth of technology pushes people to continue updating and innovating every aspects of life, especially business matter. Entrepreneur people are personally taxpayer, usually proved by owning a a certain type of business which form in goods or store. The growth of technologies nowadays pushes people to sell their goods not only via offline but also via online. This online shopping eventually results in a rapid development of market place such as start up business that brings together sellers and buyers online. This eventually prompted the state to make a regulation that requires e-commerce entrepreneurs to become taxpayers. The goal is to get state income as one of the country’s revenue sources.",25,1,20,34,Business; Business administration; E-commerce,,,,,http://jurnal-perspektif.org/index.php/perspektif/article/download/724/pdf_184 https://jurnal-perspektif.org/index.php/perspektif/article/view/724/pdf_184 https://core.ac.uk/download/pdf/326040746.pdf,http://dx.doi.org/10.30742/perspektif.v25i1.724,,10.30742/perspektif.v25i1.724,3035475909,,0,,0,true,cc-by-sa,gold
049-468-237-826-225,The Limitations of Article III on the Proposed Judicial Removal Machinery: S. 1506,,1970,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Stewart A. Block,,118,7,1064,,,,,,,http://dx.doi.org/10.2307/3311355 https://core.ac.uk/download/151688319.pdf,http://dx.doi.org/10.2307/3311355,,10.2307/3311355,2796337047,,0,,1,true,,
049-515-979-310-067,Specialized Courts and the Administrative Lawmaking System,,1990,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Richard L. Revesz,,138,4,1111,,Political science; Law; Lawmaking,,,,,https://core.ac.uk/display/151686272 https://scholarship.law.upenn.edu/penn_law_review/vol138/iss4/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3806&context=penn_law_review https://core.ac.uk/download/151686272.pdf,http://dx.doi.org/10.2307/3312246,,10.2307/3312246,1415605292,,0,,23,true,,green
049-621-735-739-675,Constitutional Aspects of Federal Housing,,1935,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Edward S. Corwin,,84,2,131,,,,,,,https://core.ac.uk/display/151690198 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8829&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol84/iss2/1/ https://core.ac.uk/download/151690198.pdf,http://dx.doi.org/10.2307/3308340,,10.2307/3308340,818675761,,0,,0,true,,green
050-015-363-950-861,The Effects of Law Through Actions of Inspections,2018-01-05,2018,journal article,Central European Public Administration Review,25912259; 25912240,University of Ljubljana,,Mirko Pečarič,"Regulated phenomena in changing environments are difficult to manage. Their complexity is many times higher that can usually be embraced in the conventional ways public administrations prepare draft statutes, adjudicate and control other people. The same or even more stands for inspections as public bodies that directly see “regulations in action”, how asymmetries between regulation and implementation arise. Inspection is in the context of executive tasks despite its age a relatively new and poorly understood element of regulatory policies. This paper claims that regulation and enforcement are two sides of the same coin: only “regulation-enforcement” (feed-in) and “enforcement-regulation” (feedback) are the “eyes and ears” of effective regulation. Without the latter, when rules are realistic and adequate for a given context, no amount of enforcement will make unrealistic rules work. At the same time, without the properly administrated enforcement steps, focused on the risk-analysis, risk-management (risk-based strategic planning), monitoring and sufficient resources, no amount of otherwise good regulation will provide expected results.",15,3-4,129,144,Business; Statute; Law and economics; Element (criminal law); Adjudication; Control (management); Action (philosophy); Enforcement; Context (language use); Strategic planning,,,,,http://cepar.fu.uni-lj.si/index.php/CEPAR/article/download/350/pdf_60 https://core.ac.uk/download/280492801.pdf,http://dx.doi.org/10.17573/ipar.2017.3-4.06,,10.17573/ipar.2017.3-4.06,2782012257,,0,,0,true,,bronze
050-355-985-653-336,UPRAVLJANJE INOVATIVNIM KAPITALOM TRGOVAČKOG DRUŠTVA: SLUČAJ PRIJENOSA OSOBNIH PODATAKA,,2019,journal article,Zbornik Pravnog fakulteta Sveučilišta u Rijeci,18468314; 1330349x,University of Rijeka Faculty of Law,Croatia,Danijela Vrbljanac,"Not many areas of European law proved themselves as controversial as data protection. The only case in which this issue could become more debatable is if personal data crosses EU borders. The transfer of personal data to third countries proved its disputed status when the CJEU invalidated the Safe Harbour Agreement, one of the frameworks for the transfer of personal data to the US and several more came under the CJEU’s scrutiny, including the Safe Harbour Agreement’s successor, the Privacy Shield Agreement. It has been suggested that some of these instruments for transfer need to be repealed or amended in order to be brought in conformity with the GDPR. The paper, after analysing each of the grounds for transfer which may be used by EU companies, argues that regardless of the recent entry into force of the GDPR, the data protection “revolution” is still not complete, at least as far the transborder data flows are concerned.",39,4,1779,1805,European Union law; Conformity; Business; Order (exchange); Law and economics; Scrutiny; Safe harbour; Data Protection Act 1998; Successor cardinal; Capital (economics); General Data Protection Regulation; European union; International trade; Political science; Law; Economics; Finance; Mathematical analysis; Mathematics,,,,,https://hrcak.srce.hr/index.php?show=clanak&id_clanak_jezik=318740 https://core.ac.uk/download/197800526.pdf,http://dx.doi.org/10.30925/zpfsr.39.4.19,,10.30925/zpfsr.39.4.19,3113427129; 3114627702; 2927666547,,0,,0,true,cc-by-nc,gold
050-602-331-286-480,The Federal Power Act,,1925,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,John Franklin Shields,,73,2,142,,Business; Federal Power Act; Public administration; Unfunded mandate,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol73/iss2/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8044&context=penn_law_review https://core.ac.uk/download/151689809.pdf,http://dx.doi.org/10.2307/3314594,,10.2307/3314594,835798206,,0,,0,true,,
050-663-307-070-689,Opening new dimensions for e-Tourism,2006-12-08,2006,journal article,Virtual Reality,13594338; 14349957,Springer Science and Business Media LLC,United Kingdom,Helmut Berger; Michael Dittenbach; Dieter Merkl; Anton Bogdanovych; Simeon J. Simoff; Carles Sierra,"In this paper we describe an e-Tourism environment that takes a community-driven approach to foster a lively society of travelers who exchange travel experiences, recommend tourism destinations or just listen to catch some interesting gossip. Moreover, business transactions such as booking a trip or getting assistance from travel advisors or community members are constituent parts of this environment. All these happen in an integrated, game-like e-Business application where each e-Tourist is impersonated as an avatar. More precisely, we apply 3D Electronic Institutions, a framework developed and employed in the area of multi-agent systems, to the tourism domain. The system interface is realized by means of a 3D game engine that provides sophisticated 3D visualization and enables humans to interact with the environment. We present “itchy feet”, a prototype implementing this 3D e-Tourism environment to showcase first visual impressions. This new environment is a perfect research playground for examining heterogeneous societies comprising humans and software agents, and their relationship in e-Tourism.",11,2,75,87,World Wide Web; Artificial intelligence; Information system; Tourism; Avatar; Visualization; Graphical user interface; Computer science; Software agent; Gossip; Transaction processing,,,,,https://opus.lib.uts.edu.au/handle/10453/5750 https://link.springer.com/article/10.1007/s10055-006-0057-z https://rd.springer.com/article/10.1007/s10055-006-0057-z https://dx.doi.org/10.1007/s10055-006-0057-z https://link.springer.com/article/10.1007%2Fs10055-006-0057-z/fulltext.html https://opus.lib.uts.edu.au/bitstream/10453/5750/1/2006005145.pdf http://staff.scem.uws.edu.au/~anton/Publications/vr.pdf http://www.iiia.csic.es/files/pdfs/vr_1.pdf https://atanaamah.files.wordpress.com/2008/02/opening-new-dimensions-for-e-tourism.pdf https://dblp.uni-trier.de/db/journals/vr/vr11.html#BergerDMBSS07 http://dx.doi.org/10.1007/s10055-006-0057-z https://researchdirect.westernsydney.edu.au/islandora/object/uws:10525 https://doi.org/10.1007/s10055-006-0057-z https://opus.lib.uts.edu.au/bitstream/10453/5750/1/2006005145.pdf,http://dx.doi.org/10.1007/s10055-006-0057-z,,10.1007/s10055-006-0057-z,2169812118,,0,006-363-133-335-885; 007-665-754-021-758; 009-423-416-555-352; 011-428-818-140-517; 012-181-627-632-169; 013-716-932-537-736; 014-798-940-036-366; 016-428-850-759-16X; 017-308-023-491-980; 017-378-167-602-882; 019-969-592-940-329; 020-216-850-649-606; 020-273-312-519-231; 029-656-113-195-700; 034-248-108-217-205; 035-952-581-485-737; 045-435-468-129-789; 046-667-341-017-762; 047-135-560-636-925; 048-249-725-887-493; 059-787-343-170-881; 061-774-443-060-486; 065-221-562-262-692; 073-504-660-531-796; 073-648-674-008-894; 074-563-534-514-684; 077-088-007-498-60X; 078-555-376-901-413; 082-368-594-368-806; 084-020-832-627-419; 088-652-794-483-063; 093-019-795-341-216; 093-268-118-356-055; 097-839-735-809-031; 098-419-610-916-357; 098-559-197-182-04X; 112-579-837-903-938; 117-646-097-154-36X; 120-172-826-012-633; 120-546-037-705-887; 128-617-334-264-383; 139-295-227-658-467; 139-319-417-699-677; 144-928-098-384-137; 145-223-060-777-556; 151-856-315-628-972; 183-348-514-447-533; 187-008-642-468-341,68,true,,green
050-688-269-523-683,FORUM SHOPPING AND THE COST OF ACCESS TO JUSTICE: COST AND CERTAINTY IN INTERNATIONAL COMMERCIAL LITIGATION AND ARBITRATION,2013-11-27,2013,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Ali Assareh,<jats:p>FORUM SHOPPING AND THE COST OF ACCESS TO JUSTICE  COST AND CERTAINTY IN INTERNATIONAL COMMERCIAL LITIGATION AND ARBITRATION </jats:p>,31,,1,44,Arbitration; Economic Justice; Business; Certainty; Legal certainty; Law and economics; Law; Economics; Political science; Philosophy; Epistemology,,,,,https://core.ac.uk/download/pdf/296521712.pdf,http://dx.doi.org/10.5195/jlc.2013.51,,10.5195/jlc.2013.51,,,0,,1,true,cc-by-nc-nd,gold
050-863-751-167-870,Chapter 8: Secondary-Line Differential Pricing and the Robinson-Patman Act,,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,E. Thomas Sullivan; Herbert J. Hovenkamp; Howard A. Shelanski; Christopher R. Leslie,"Because it is taught infrequently, the full text of Chapter 8 of our antitrust casebook, on the Robinson-Patman Act, is now posted online and free for anyone to use. This chapter covers all issues related to secondary-line enforcement, the ""cost justification,"" ""meeting competition,"" and other defenses, as well as buyers' liability. Primary-line enforcement is still covered with the materials on predatory pricing in Chapter 6.",,,,,Price discrimination; Actuarial science; Economics; Law and economics; Robinson–Patman Act; Liability; Casebook; Predatory pricing; Enforcement; Competition (economics); Differential pricing,,,,,https://core.ac.uk/display/151696183 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2327154_code1050716.pdf?abstractid=2319067&mirid=1&type=2 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2319067 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2327154_code1050716.pdf?abstractid=2319067&type=2 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2842&context=faculty_scholarship https://scholarship.law.upenn.edu/faculty_scholarship/1840/ https://core.ac.uk/download/151696183.pdf,http://dx.doi.org/10.2139/ssrn.2319067,,10.2139/ssrn.2319067,35938598,,0,,0,true,,green
050-866-843-209-525,Arbitrator Liability: Reconciling Arbitration and Mandatory Rules,,2000,journal article,Duke Law Journal,00127086,JSTOR,United States,Andrew T. Guzman,"In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and the widespread use of arbitration. In recent years, U.S. courts have expanded the range of enforceable arbitration agreements to include agreements that cover areas of law previously thought to be within the exclusive domain of courts. Among the disputes that are now deemed arbitrable are those that implicate mandatory rules such as securities and antitrust laws. Under current law, the willingness of courts to enforce arbitration agreements and to uphold the resulting arbitral awards with minimal judicial review makes it possible for the parties to a transaction to avoid mandatory rules of law. Until now, it has generally been believed that the legal system must either restrict the use of arbitration or permit arbitration and accept that doing so turns all mandatory rules into default rules. This Article proposes a mechanism that permits the continued use of arbitration without abandoning the mandatory nature of legal rules. The recommended approach, called “arbitrator liability,” allows the losing party in an arbitration to sue the arbitrator on the ground that a mandatory rule was ignored. Under existing legal rules, arbitrators have an incentive to ignore mandatory rules of law in favor of the contractual terms agreed to by the parties. Arbitrator liability gives arbitrators an incentive to apply mandatory rules of law. Giving proper incentives to arbitrators will ensure that mandatory † Boalt Hall School of Law, University of California at Berkeley. I owe thanks to Richard Brooks, Richard Buxbaum, David Caron, Stephen Choi, Robert Cooter, Jesse Fried, Stephen Ware, David Wilkins, and John Yoo, as well as participants at both the 1999 Friedmann Conference on International Securities Regulation and Antitrust and the Latin American Law and Economics Association 1999 Annual Meetings for helpful comments and discussions. Special thanks to Nicholas James and Jeannie Sears. Melissa Kennedy, Philip Tendler, and Ryan Waterman provided invaluable research assistance. GUZMAN TO PRINTER (FINAL).DOC 09/21/00 12:59 PM 1280 DUKE LAW JOURNAL [Vol. 49:1279 rules are enforced, thereby eliminating the incentive for the parties to draft arbitration agreements intended to avoid those rules. The benefits of arbitration can be retained without sacrificing the ability of lawmakers to adopt mandatory rules.",49,5,1279,1334,Arbitration; Compulsory arbitration; Political science; Law; Liability; restrict; International arbitration; Incentive; Judicial review; Database transaction,,,,,https://core.ac.uk/display/62549016 http://scholarship.law.berkeley.edu/facpubs/1086/ https://scholarship.law.berkeley.edu/facpubs/1086/ https://scholarship.law.duke.edu/dlj/vol49/iss5/2/ https://works.bepress.com/cgi/viewcontent.cgi?article=1011&context=andrew_guzman https://core.ac.uk/download/62549016.pdf,http://dx.doi.org/10.2307/1373012,,10.2307/1373012,1599929860,,0,,19,true,,green
050-904-552-725-436,Securities Law Duties of Bond Counsel,,1977,journal article,Duke Law Journal,00127086,JSTOR,United States,C. Richard Johnson; Robert H. Wheeler,,1976,6,1205,,,,,,,https://core.ac.uk/download/62550681.pdf,http://dx.doi.org/10.2307/1372077,,10.2307/1372077,,,0,,0,true,,green
051-292-418-803-570,Abolishing the Act of State Doctrine,,1986,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Michael J. Bazyler,,134,2,325,,Political science; Law; Act of state doctrine,,,,,https://works.bepress.com/michael_bazyler/29/ https://scholarship.law.upenn.edu/penn_law_review/vol134/iss2/2/ https://digitalcommons.chapman.edu/law_articles/319/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3985&context=penn_law_review https://core.ac.uk/download/151686662.pdf,http://dx.doi.org/10.2307/3312072,,10.2307/3312072,1797932775,,0,,10,true,,green
051-472-928-335-103,Antitrust Legislation and Policy in Germany--A Comparative Study,,1957,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Ivo E. Schwartz,,105,5,617,,Political science; Legislation; Public administration,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7412&context=penn_law_review https://core.ac.uk/display/151689658 https://scholarship.law.upenn.edu/penn_law_review/vol105/iss5/1/ https://core.ac.uk/download/151689658.pdf,http://dx.doi.org/10.2307/3310320,,10.2307/3310320,855726731,,0,,11,true,,green
051-887-007-400-075,Article 4(1)(a) 'establishment of the controller' in EU data privacy law - time to rein in this expanding concept?,2016-08-10,2016,journal article,International Data Privacy Law,20443994; 20444001,Oxford University Press (OUP),,Dan Jerker B. Svantesson,"This article seeks to analyse and predict the future landscape; by examining the two relevant recent CJEU decisions (the Google; Spain case and the Weltimmo case), Advocate General; Saugmandsgaard Oe’s Opinion in Verein fur; Konsumenteninformation , and in particular the currently; ongoing Facebook Fanpages dispute.",6,3,210,221,The Internet; Controller (computing); Information privacy; Advocate General; Computer security; Computer science; Data Protection Act 1998,,,,,https://repozitar.cz/publication/32831/cs/Article-41a-establishment-of-the-controller-in-EU-data-privacy-law-time-to-rein-in-this-expanding-concept/Jerker-Borje-Svantesson https://pure.bond.edu.au/ws/files/32746311/AM_Article_4_1_a_.pdf https://academic.oup.com/idpl/article-abstract/6/3/210/2447255 https://research.bond.edu.au/en/publications/article-41a-establishment-of-the-controller-in-eu-data-privacy-la https://core.ac.uk/download/196602396.pdf,http://dx.doi.org/10.1093/idpl/ipw013,,10.1093/idpl/ipw013,2477819576,,0,,4,true,,green
051-904-637-368-518,When the Default is No Penalty: Negotiating Privacy at the NTIA,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Margot E. Kaminski,"Consumer privacy protection is largely within the purview of the Federal Trade Commission. In recent years, however, the National Telecommunications and Information Administration (NTIA) at the Department of Commerce has hosted multistakeholder negotiations on consumer privacy issues. The NTIA process has addressed mobile apps, facial recognition, and most recently, drones. It is meant to serve as a venue for industry self-regulation. Drawing on the literature on co-regulation and on penalty defaults, I suggest that the NTIA process struggles to successfully extract industry expertise and participation against a dearth of federal data privacy law and enforcement. This problem is most exacerbated in precisely the areas the NTIA currently addresses: consumer privacy protection around new technologies and practices. In fact, industry may be more likely to see the NTIA process as itself penalty-producing and, thus, be disincentivized from meaningful participation or adoption.",,,,,Internet privacy; Information privacy; Business; Negotiation; Commission; Co-regulation; Consumer privacy; Enforcement; Public relations; Default; Big data,,,,,https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=2835434 https://www.ssrn.com/abstract=2835434 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2835434_code1468587.pdf?abstractid=2835434 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2835434 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2835434_code1468587.pdf?abstractid=2835434&mirid=1,http://dx.doi.org/10.2139/ssrn.2835434,,10.2139/ssrn.2835434,2519257856,,0,002-315-555-473-864; 005-107-894-544-949; 022-354-866-699-091; 041-659-281-349-623; 063-137-207-088-955; 122-464-566-189-615; 128-495-912-906-366; 137-333-854-505-680; 181-724-039-784-533; 193-437-542-106-047,1,true,,green
052-032-439-688-052,Developments in Aerial Law,,1926,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Roger F. Williams,,75,2,139,,Engineering; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol75/iss2/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8131&context=penn_law_review https://core.ac.uk/download/151689877.pdf,http://dx.doi.org/10.2307/3307381,,10.2307/3307381,754528289,,0,,0,true,,
052-203-105-291-198,The simple economics of cybercrimes,,2006,journal article,IEEE Security & Privacy Magazine,15407993; 15584046,Institute of Electrical and Electronics Engineers (IEEE),United States,Nir Kshetri,"The characteristics of cybercriminals, cybercrime victims, and law enforcement agencies have a reinforcing effect on each other, leading to a vicious circle of cybercrime. In this article, the author assessed the cost-benefit structure of cybercriminals. From the potential victims' perspectives, an economic analysis can help explain the optimum investment necessary as well as the measures required to prevent hackers from cracking into their computer networks. The analysis from the cybercriminal's viewpoint also provides insight into factors that might encourage and energize his or her behavior.",4,1,33,39,Virtuous circle and vicious circle; Investment (macroeconomics); Cybercrime; Law enforcement; Simple (philosophy); Computer security; Computer science; Hacker,,,,,https://dl.acm.org/doi/10.1109/MSP.2006.27 https://libres.uncg.edu/ir/uncg/listing.aspx?id=7510 http://ieeexplore.ieee.org/iel5/8013/33481/01588823.pdf https://dblp.uni-trier.de/db/journals/ieeesp/ieeesp4.html#Kshetri06 https://doi.org/10.1109/MSP.2006.27 https://ieeexplore.ieee.org/document/1588823 https://www.computer.org/csdl/magazine/sp/2006/01/j1033/13rRUwhHcP1 https://dl.acm.org/citation.cfm?id=1115762 http://ieeexplore.ieee.org/xpls/abs_all.jsp?arnumber=1588823 https://core.ac.uk/download/149237327.pdf,http://dx.doi.org/10.1109/msp.2006.27,,10.1109/msp.2006.27,2136015481,,0,008-880-076-470-236; 009-630-896-337-048; 030-326-381-109-526; 033-440-653-979-778; 057-372-064-186-277; 062-363-325-899-547; 067-362-365-721-070; 069-065-259-022-083; 084-575-405-339-761; 125-006-130-735-081; 144-878-227-535-526; 149-807-471-249-007; 153-479-715-634-126; 159-081-163-866-938,123,true,,green
052-319-138-027-144,CIVIL LAW JURISDICTIONS AND THE ENGLISH TRUST IDEA: LOST IN TRANSLATION?,2012-11-23,2012,journal article,The Denning Law Journal,02691922,University of Buckingham Press,,James Sheedy,"This piece is a short discussion on the English; and more widely the common law concept of the trust and its traditional exclusion from civil law systems.  It seeks to unearth that the apparent distaste civil law systems have for the common law trust is rooted in each system’s respective attitude to rights in property and at least some degree of mistranslation.  This apparent gulf in understanding can be bridged by incorporating the trust into the more ancient Roman law concept of the patrimony, thereby making the trust sit more comfortably in civil law jurisdictions.  In bridging the divide, this new appreciation for the trust challenges us as common lawyers to reconsider the traditional common law premise of the trust as being less about proprietary interest as it is about personal rights and obligations.",20,1,173,183,Sources of law; Sociology; Comparative law; Common law; Public law; Civil law (legal system); Law; Private law; Express trust; Commercial law,,,,,http://www.ubplj.org/index.php/dlj/article/download/330/360 http://ubplj.org/index.php/dlj/article/view/330 http://www.bjll.org/index.php/dlj/article/view/330/360 http://ubplj.org/index.php/dlj/article/viewFile/330/360 http://www.bjll.org/index.php/dlj/article/view/330 https://core.ac.uk/download/pdf/235244245.pdf,http://dx.doi.org/10.5750/dlj.v20i1.330,,10.5750/dlj.v20i1.330,1602155466,,0,,1,true,cc-by-nc,gold
052-422-256-004-475,"Constitutional Issues in the Supreme Court, 1935 Term",,1936,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Osmond K. Fraenkel,,85,1,27,,Political science; Law; Supreme court; Term (time),,,,,https://scholarship.law.upenn.edu/penn_law_review/vol85/iss1/3/ https://core.ac.uk/download/151690222.pdf,http://dx.doi.org/10.2307/3308084,,10.2307/3308084,2917876358,,0,,0,true,,green
052-480-066-510-209,State Railways Have No Exclusive or Inviolable Franchises in Regard to Traffic in Other States. The Powers and Duties of Congress in Regard to the Regulation of Inter-State Commerce upon Railways. How Far It May Be Competent or Desirable for Congress to Regulate Fares and Freight upon Such Railways. The Most Hopeful Mode of Effecting the Same. Brief Suggestions in Regard to Some of the Proposed Expedients. Secret Societies and Itinerant Congressional Committees. How the Companies Will Attempt to Postpone Definite Action. The Impracticability of Enacting a Code upon the Subject,,1874,journal article,The American Law Register (1852-1891),15583813,JSTOR,,I. F. R.,,22,1,1,1,State (computer science); Business; Operations research; Computer science; Engineering; Programming language,,,,,https://core.ac.uk/download/151685520.pdf,http://dx.doi.org/10.2307/3303652,,10.2307/3303652,,,0,,0,true,,green
052-923-708-180-53X,The Amended Gun-Free School Zones Act: Doubt as to Its Constitutionality Remains,,2000,journal article,Duke Law Journal,00127086,JSTOR,United States,Seth J. Safra,"The judicial decision making contemplated by the Constitution... unlike at least the politics of the moment, emphatically is not a function of labels. If it were, the Supreme Court assuredly would not have struck down the ""Gun-Free School Zones Act,"" the ""Religious Freedom Restoration Act,"" the ""Civil Rights Act of 1871,"" or the ""Civil Rights Act of 1875."" And if it ever becomes such, we will have ceased to be a society of law, and all the codification of freedom in the world will be to little avail.'",50,2,637,662,Judicial opinion; Political science; Law; Constitution; Constitutionality; Supreme court; Gun control; Poison control; Federalism; Politics,,,,,https://core.ac.uk/display/62548984 https://www.jstor.org/stable/1373099 https://scholarship.law.duke.edu/dlj/vol50/iss2/6/ https://core.ac.uk/download/62548984.pdf,http://dx.doi.org/10.2307/1373099,,10.2307/1373099,1527037933,,0,,7,true,,green
053-055-462-526-295,The French Judicial System,,1909,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,J. G. Rosengarten,,57,5,279,,Political science,,,,,https://core.ac.uk/display/151688904 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6804&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol57/iss5/1/ https://core.ac.uk/download/151688904.pdf,http://dx.doi.org/10.2307/3313739,,10.2307/3313739,853716210,,0,,1,true,,
053-189-849-200-525,Fragmentation Versus Convergence of Consumer Law Within One Legal System and Across Legal Systems: An African Perspective,2019-11-15,2019,journal article,Journal of Consumer Policy,01687034; 15730700,Springer Science and Business Media LLC,Netherlands,Tjakie Naude,"The theme of fragmentation versus convergence of consumer law has relevance for Africa, inter alia because the African Continental Free Trade Area is foreseen to become a single continental market. Fragmentation of consumer law within one legal system and across legal systems is inevitable. Several types of hyper-vulnerable consumers require special protection. Drafters and interpreters of consumer legislation should remember that the majority of African consumers are hyper-vulnerable. Consumer legislation attuned to this reality needs special reference to the needs of such consumers. More resources should be allocated to the protection of hyper-vulnerable consumers, including through proactive enforcement. The informal economy may require some special rules, but the rules on quality of products should mostly remain the same. More resources should be targeted at enforcing safety standards and rooting out counterfeit goods and creative ways found to bring consumers in the informal economy under the protection of consumer law. Fragmentation of sources of consumer law in Africa and at the level of enforcement agencies is also considered. Even if rules are harmonized across legal systems, fragmentation is inevitable, inter alia due to different interpretations by local agencies. An attempt at some convergence has benefits, but cogent arguments against harmonization exist. Some realities in the Global South militate against harmonization. There is greater potential for some level of harmonization where there is a real cross-border interest, such as in e-commerce, travel, and tourism. When convergence is considered, the reasons behind current divergence should be researched to establish the potential for convergence.",43,1,11,33,Business; International trade; Legislation; Counterfeit; Soft law; Enforcement; Harmonization; Informal sector; Commercial law; International free trade agreement,,,,National Research Foundation,https://ideas.repec.org/a/kap/jcopol/v43y2020i1d10.1007_s10603-019-09429-w.html https://link.springer.com/article/10.1007/s10603-019-09429-w,http://dx.doi.org/10.1007/s10603-019-09429-w,,10.1007/s10603-019-09429-w,2985768840,,0,002-907-760-040-135; 011-395-423-227-169; 014-288-743-357-355; 025-968-533-623-06X; 042-201-113-163-637; 045-191-528-369-058; 045-963-990-316-367; 054-610-457-219-529; 055-371-333-461-496; 056-810-486-092-626; 062-006-174-104-595; 076-852-912-121-567; 082-200-333-094-174; 083-614-208-726-394; 090-979-811-022-530; 098-531-778-198-221; 098-661-481-984-999; 123-647-960-814-595; 133-635-392-005-355; 138-847-903-369-000; 155-120-955-186-715; 159-572-279-387-839; 183-680-682-271-375; 188-865-795-324-691,1,false,,
053-300-374-876-195,Legal aspects of e-commerce,2000-06-01,2000,journal article,Computing & Control Engineering Journal,09563385; 17410460,Institution of Engineering and Technology (IET),United Kingdom,Rachel Burnett,"In principle, a Web site owner or e-commerce trader might inadvertently breach any law in any part of the world, with potentially infinite liability. The issues discussed, as they apply to commercial business over the Internet, include the legal protection of valuable but intangible assets of data and information. Certain information is formally regulated. Legal risk management is effected through administrative procedures and enforceable contracts.",11,3,111,114,Internet privacy; The Internet; Business; Management; Legal risk; Liability; Material handling; Web site; Legal protection; E-commerce,,,,,http://ieeexplore.ieee.org/stamp/stamp.jsp?arnumber=850784 https://search.ricest.ac.ir:443/ricest/ShowArticle.aspx?DOC_ID=361964 http://digital-library.theiet.org/content/journals/10.1049/cce_20000303 http://ieeexplore.ieee.org/iel5/2218/18491/00850784.pdf,http://dx.doi.org/10.1049/cce:20000303,,10.1049/cce:20000303,2504099251,,0,,3,false,,
053-469-216-998-174,Fragmentation or Coherence? Does International Dispute Settlement Achieve Comprehensive Justice?,2020-05-24,2020,journal article,International Journal of Law and Public Administration,25762184; 25762192,Redfame Publishing,,Simon A. Benson,"The debate about whether international law is fragmented or coherent is no arid discussion. If fragmentation is in the ascendancy, many commentators argue that something needs to be done. It is, of course, vital for the success of any legal system to achieve some level of predictability and certainty and to consistently deliver comprehensive justice. A legal system must, first and foremost, be a justice system, if there is any point to its existence. If it is not, then there may be another debate about whether it may be called a ‘legal’ system or a ‘justice’ system at all. I will review the debate between various leading commentators and analyse their proposals. My review of a number of different aspects and areas of international law shows that although fragmentation is apparent, the level of coherence in international law is far more surprising than fragmentation, which is inevitable, just as it is in the development of national law in, say, a federal polity. Just when international law seems to be fragmented somewhere, coherence is being achieved elsewhere. The result may be characterised as a kind of ‘equilibrium’ in which antagonistic and cohesive forces in international law keep one another in check, somehow balancing the other out. International law is capable of delivering comprehensive justice even if, at times, it may seem unlikely or elusive.",3,1,77,88,Market fragmentation; Political science; Law and economics; Predictability; Polity; Dispute settlement; International law; Certainty,,,,,https://redfame.com/journal/index.php/ijlpa/article/view/4873 https://redfame.com/journal/index.php/ijlpa/article/download/4873/5037 https://core.ac.uk/download/pdf/327332355.pdf,http://dx.doi.org/10.11114/ijlpa.v3i1.4873,,10.11114/ijlpa.v3i1.4873,3031228445,,0,,0,true,cc-by,gold
053-621-089-332-938,Pathways to identity: using visualization to aid law enforcement in identification tasks,2014-09-18,2014,journal article,Security Informatics,21908532,Springer Science and Business Media LLC,,Joseph R. Bruce; Jean Scholtz; Duncan Hodges; Lia Emanuel; Danae Stanton Fraser; Sadie Creese; Oriana J. Love,"The nature of identity has changed dramatically in recent years and has grown in complexity. Identities are defined in multiple domains: biological and psychological elements strongly contribute, but biographical and cyber elements also are necessary to complete the picture. Law enforcement is beginning to adjust to these changes, recognizing identity’s importance in criminal justice. The SuperIdentity project seeks to aid law enforcement officials in their identification tasks through research of techniques for discovering identity traits, generation of statistical models of identity and analysis of identity traits through visualization. We present use cases compiled through user interviews in multiple fields, including law enforcement, and describe the modeling and visualization tools design to aid in those use cases.",3,1,12,,Criminal justice; World Wide Web; Attribution; Data science; Wizard; Identity (social science); Law enforcement; Visualization; Use case; Computer science; Identification (information),,,,,https://paperity.org/p/37513403/pathways-to-identity-using-visualization-to-aid-law-enforcement-in-identification-tasks http://dx.doi.org/10.1186/s13388-014-0012-6 https://security-informatics.springeropen.com/articles/10.1186/s13388-014-0012-6 https://researchportal.bath.ac.uk/en/publications/pathways-to-identity-using-visualization-to-aid-law-enforcement-i https://dspace.lib.cranfield.ac.uk/bitstream/1826/14783/1/using_visualization_to_aid_law_enforcement-2014.pdf https://link.springer.com/article/10.1186/s13388-014-0012-6 http://www.osti.gov/scitech/biblio/1225165 https://link.springer.com/10.1186/s13388-014-0012-6 http://opus.bath.ac.uk/41273/1/Published_version.pdf https://link.springer.com/content/pdf/10.1186%2Fs13388-014-0012-6.pdf http://dblp.uni-trier.de/db/journals/secinf/secinf3.html#BruceSHEFCL14 https://purehost.bath.ac.uk/ws/files/90264019/Published_version.pdf https://dblp.uni-trier.de/db/journals/secinf/secinf3.html#BruceSHEFCL14 https://dspace.lib.cranfield.ac.uk/handle/1826/14783,http://dx.doi.org/10.1186/s13388-014-0012-6,,10.1186/s13388-014-0012-6,2111737540,,0,000-069-252-373-15X; 001-105-951-485-865; 005-189-464-537-812; 009-337-490-708-053; 014-159-930-655-71X; 015-719-620-034-845; 021-062-815-820-022; 026-362-336-958-354; 033-686-283-184-328; 037-950-654-186-716; 059-064-008-271-686; 061-332-261-596-37X; 065-670-262-141-42X; 066-325-196-183-953; 068-333-463-767-826; 081-110-997-099-124; 084-235-685-843-442; 086-784-268-658-427; 087-838-380-525-947; 104-188-676-766-259; 104-281-882-511-835; 122-150-900-967-784; 125-485-595-023-843; 140-318-846-947-035; 169-860-206-887-145; 169-897-877-573-939; 180-491-979-533-354; 194-870-872-182-214,2,true,cc-by,hybrid
053-628-820-399-456,Back to the future: The digital millennium copyright act and the trans-pacific partnership,2017-08-12,2017,journal article,Laws,2075471x,MDPI AG,,Matthew Rimmer,"The Trans-Pacific Partnership (TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the Digital Millennium Copyright Act 1998 (US) (DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the TPP would entrench DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions—the United States, Canada, Australia, and New Zealand—participating in the TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme, safe harbours, and intermediary liability under the TPP. Elements of the safe harbours regime in the DMCA have been embedded into the international agreement. Part 3 examines technological protection measures—especially in light of a constitutional challenge to the DMCA. Part 4 looks briefly at electronic rights management. This paper concludes that the model of the DMCA is unsuitable for a template for copyright protection in the Pacific Rim in international trade agreements. It contends that our future copyright laws need to be responsive to new technological developments in the digital age—such as Big Data, cloud computing, search engines, and social media. There is also a need to resolve the complex interactions between intellectual property, electronic commerce, and investor-state dispute settlement in trade agreements.",6,3,11,,Pacific Rim; International trade; Political science; Law; Trade agreement; Digital Millennium Copyright Act; International trade law; Liability; Investor-state dispute settlement; Intellectual property; Digital rights management,,,,,https://works.bepress.com/matthew_rimmer/285/download/ https://eprints.qut.edu.au/108690/ https://www.mdpi.com/2075-471X/6/3/11 https://www.canlii.org/en/commentary/doc/2017CanLIIDocs3580 https://doaj.org/article/71f6ff62a6a84908aeaa541443416a7a https://osf.io/zdupv/#! https://works.bepress.com/matthew_rimmer/285/ https://www.elgaronline.com/view/9781788973311.00010.xml https://core.ac.uk/display/89299524 https://www.mdpi.com/2075-471X/6/3/11/pdf https://ideas.repec.org/a/gam/jlawss/v6y2017i3p11-d107784.html https://core.ac.uk/download/89299524.pdf,http://dx.doi.org/10.3390/laws6030011,,10.3390/laws6030011,2748652642,,0,001-055-364-026-469; 020-949-053-745-492; 028-161-223-442-353; 031-334-841-228-128; 035-769-247-873-560; 040-989-207-479-126; 076-152-794-161-711; 092-252-163-755-650; 094-764-535-044-561; 112-969-589-673-697; 132-959-493-309-571; 135-560-243-860-453; 135-639-983-134-58X; 141-187-841-672-529; 147-622-503-346-888; 153-516-777-171-366; 153-556-090-709-189; 160-044-929-602-315; 165-601-447-975-435; 184-806-992-681-465; 187-290-290-225-232,1,true,cc-by,gold
053-636-276-628-242,L'Oréal v. eBay: Is the Tide Finally Turning for Hosting Providers?,2011-02-01,2011,journal article,Computer Law Review International,21944164; 16107608,Verlag Dr. Otto Schmidt,,Patrick Van Eecke; M. Truyens,"On 9 December 2010, Advocate General Niilo Jaaskinen delivered his opinion in the L'Oreal v. eBay case (C-324/09), in which he analyses the position of online intermediaries ― in particular electronic marketplaces such as eBay ― under the E U trade mark legislation (directive 89/1104 of 21 December 1988 to approximate the laws of the member states relating to trade marks, and Council Regulation 40/94 of 20 December 1993 on the Community trade mark), the eCommerce Directive (directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) and the Enforcement Directive (directive 2004/48/EC of29 April 2004 on the enforcement of intellectual property rights). In light of the diverging case law across the EU, it can be hoped that this opinion paves the way for a correct and balanced application of EU law in the context of online intermediary services. While the Advocate General takes into account the practical implications of the legal obligations imposed on online intermediaries, in view of the technical and commercial reality his opinion unfortunately opens the door for a general monitoring obligation for online service providers.",12,1,1,8,Directive on Privacy and Electronic Communications; Business; Common law; Law; Advocate General; Obligation; Directive; Enforcement; Intellectual property; Commercial law,,,,,https://www.degruyter.com/view/journals/cri/12/1/article-p1.xml,http://dx.doi.org/10.9785/ovs-cri-2011-1,,10.9785/ovs-cri-2011-1,2474027350,,0,,0,false,,
053-654-043-537-381,The Impact of EU Norms and Policies on Consumer Protection Enforcement in Serbia,2013-08-16,2013,journal article,Journal of Consumer Policy,01687034; 15730700,Springer Science and Business Media LLC,Netherlands,Andrea Fejős,"Pursuant to its 2008 Stabilization and Association Agreement governing the process of EU integration, Serbia is obliged to align its consumer protection standards (including those related to enforcement) with those of the EU. This article considers the overall approach to enforcement of consumer law in Serbia, focussing in particular on the extent to which EU enforcement principles have been successfully exported to Serbia and whether the goals of EU consumer policy have been achieved. It argues that the incorporation of EU norms has brought fundamental changes to Serbian enforcement mechanisms at a formal level, such as in relation to mediation processes as well as the introduction of injunctions for the protection of collective consumer interests. In practice, however, the impact of this incorporation is quite limited. A number of factors that restrict the practical effectiveness of the mediation processes and injunctions required by EU law are explored in the article, including weak sanctions, excessive reliance on poorly resourced consumer organizations, absence of a business culture of compliance or a sophisticated and determined consumer protection enforcement culture sufficiently grounded in expertise, as well as an overarching political, legislative, and institutional instability. These factors also undermine the general aim of EU policy to achieve effective consumer protection enforcement in the Serbian context.",36,3,247,268,Business; Mediation; Law and economics; Law; Sanctions; Enforcement; Context (language use); Consumer Organizations; Consumer protection; Organizational culture; Commercial law,,,,,https://rd.springer.com/article/10.1007%2Fs10603-013-9230-4 https://ideas.repec.org/a/kap/jcopol/v36y2013i3p247-268.html https://EconPapers.repec.org/RePEc:kap:jcopol:v:36:y:2013:i:3:p:247-268 https://link.springer.com/article/10.1007/s10603-013-9230-4 https://link.springer.com/content/pdf/10.1007%2Fs10603-013-9230-4.pdf https://link.springer.com/article/10.1007/s10603-013-9230-4/fulltext.html http://repository.essex.ac.uk/23127/ https://core.ac.uk/download/161395791.pdf,http://dx.doi.org/10.1007/s10603-013-9230-4,,10.1007/s10603-013-9230-4,1987785521,,0,037-965-974-261-211; 045-325-578-443-552; 063-690-793-373-655; 066-767-839-956-787; 072-949-628-180-514; 080-942-678-745-032; 089-583-683-028-383; 121-056-762-512-484; 168-325-849-566-520; 172-024-366-758-419; 180-242-845-286-661; 199-456-529-579-693,1,true,,green
053-866-446-555-714,The Effect Of Auditor Independence On International Capital Markets For eCommerce Firms,2011-02-11,2011,journal article,Journal of Business & Economics Research (JBER),21578893; 15424448,Clute Institute,,Thomas Tribunella; Heidi R. Tribunella,"According to the efficient market hypothesis, the market for securities can be described as efficient if the market reflects all available information and reacts quickly to new information (Schroeder and Clark 1998). Investors depend on financial statements to help them judge opportunities, risks, and investment alternatives (Revsine, Collins and Johnson 1999). This information must be verified by independent sources such as auditors. The relationship between auditor and stockholder is based on agency theory (Schroeder and Clark 1998), where the agent (auditor) has a fiduciary relationship with the principle (stockholders). Any loss of faith in auditor independence by investors will seriously affect the information value of financial statements. Auditor independence rules must be easy to understand and rigorously enforced or the public's confidence in financial statements will erode. This paper will specifically assess the difficulties encountered by large accounting firms such as PriceWaterhouseCoopers (PWC) and Arthur Andersen in their efforts to remain independent with respect to their e-commerce clients. Many e-commerce companies have innovative and untested business models as well as inexperienced and untraditional business managers. Some auditors fail to measure the risk associated with these intangible, knowledge-based attributes. In addition, auditor independence may be blurred by the promise of lucrative consulting contracts. According to Arthur Levitt, the Chair of the SEC in 1999: “The dynamic nature of today’s capital markets creates issues that increasingly move beyond the bright line of black and white. New industries, spurred by new services and new technologies, are creating new questions and challenges that must be addressed. Today, we are witnessing a broad shift from an industrial economy to a more service based one; a shift from bricks and mortar to technology and knowledge.” (Levitt 1999) The objective of this paper is to review current independence rules, assess the difficulty in maintaining independence in the current e-commerce environment, and to make suggestions for improving independence rules. In addition, investigations conducted by the Securities and Exchange Commission (SEC) and new legislation such as the Sarbanes-Oxley Act will be reviewed as possible solutions to the problem.",1,2,,,Finance; Shareholder; Accounting; Capital market; Auditor independence; Economics; Principal–agent problem; Fiduciary; Independence; Efficient-market hypothesis; Business model,,,,,https://clutejournals.com/index.php/JBER/article/view/2972 https://www.researchgate.net/profile/Thomas_Iii/publication/242684217_The_Effect_Of_Auditor_Independence_On_International_Capital_Markets_For_eCommerce_Firms/links/54e5f9d50cf277664ff1ce96.pdf?disableCoverPage=true http://www.cluteinstitute.com/ojs/index.php/JBER/article/viewFile/2972/3020 https://core.ac.uk/download/pdf/268112320.pdf,http://dx.doi.org/10.19030/jber.v1i2.2972,,10.19030/jber.v1i2.2972,2176450554,,0,007-503-639-001-856; 015-492-238-113-063; 016-867-060-400-341; 030-609-449-912-05X; 046-284-282-100-911; 068-920-163-386-761; 083-301-860-403-257; 084-337-761-019-189; 089-955-862-174-778,3,true,,bronze
053-889-578-220-82X,Access to Justice and Labor Law Reform in Asia,2016-06-02,2016,journal article,Rechtsidee,24433497; 23388595,Universitas Muhammadiyah Sidoarjo,,Asri Wijayanti,The existence of national labor law system guarantees fair is one of legal reform to achieve access to justice. This study aims to analyze whether the system of labor law has given capacity to achieve access to justice as the basis for implementing international labor relations in Asia. The method of this study is a normative legal research with statute approach. The findings support that there was an inconsistency on the substance of the legal structures that affect the low legal culture. The substance of the national labor law systems have not adapted the comprehensive International Labor Organization (ILO) conventions. Less robust system of national labor laws affect access to justice in the weak field of labor in the region.,3,1,17,26,The labor problem; Comparative law; Political science; Law and economics; Law; Legal culture; Due process; Industrial relations; United States labor law; Legal research; Labor relations,,,,,http://ojs.umsida.ac.id/index.php/rechtsidee/article/download/144/188 http://ojs.umsida.ac.id/index.php/rechtsidee/article/view/144/188 https://core.ac.uk/display/44535318 https://rechtsidee.umsida.ac.id/index.php/rechtsidee/article/download/732/743 https://core.ac.uk/download/pdf/229660447.pdf,http://dx.doi.org/10.21070/jihr.v3i1.144,,10.21070/jihr.v3i1.144,2488548694,,0,006-716-908-304-330; 007-193-684-265-497; 096-603-176-600-444; 126-773-824-962-186,0,true,cc-by,gold
053-927-826-669-154,Nursing Homes and Mandatory Arbitration Clauses,2016-06-28,2016,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Amy Mathieu,<jats:p>N/A</jats:p>,34,2,,,Accounting; Business; Arbitration; Law; Nursing homes,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/100 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/100/95 https://core.ac.uk/download/pdf/296521670.pdf,http://dx.doi.org/10.5195/jlc.2016.100,,10.5195/jlc.2016.100,2466370152,,0,,0,true,cc-by-nc-nd,gold
054-044-650-070-945,First things first: German Federal High Court provides guidance on ISP liability in online copyright infringement cases,2016-07-10,2016,journal article,Journal of Intellectual Property Law & Practice,17471532; 17471540,Oxford University Press (OUP),,Marc Mimler,"In two decisions of 26 November 2015, the German Federal High Court held that internet service providers can generally be held liable for illegal content disseminated by third parties through their services, with the caveat that claimants would first need to exhaust all reasonable measures to enforce their rights against the primary infringers.",11,7,485,489,Business; German; Law; High Court; Liability; Copyright infringement; Internet service provider,,,,,https://academic.oup.com/jiplp/article-abstract/11/7/485/2358076 https://core.ac.uk/display/80693541 http://academic.oup.com/jiplp/article-abstract/11/7/485/2358076 https://openaccess.city.ac.uk/id/eprint/26376/ http://eprints.bournemouth.ac.uk/28531/ https://core.ac.uk/download/80693541.pdf,http://dx.doi.org/10.1093/jiplp/jpw057,,10.1093/jiplp/jpw057,2463282407,,0,,0,true,cc0,green
054-085-848-955-440,"Regulatory Fitness: Fintech, Funny Money, and Smart Contracts",2019-02-19,2019,journal article,European Business Organization Law Review,15667529; 17416205,Springer Science and Business Media LLC,Netherlands,Roger Brownsword,"This article argues that there are many questions that lawyers might ask, and conversations that they might have, about smart contracts; that some questions that are asked are more important than others; and that there are some questions that are not asked but which should be asked. First, it is argued that the question that preoccupies ‘coherentists’ (concerning the application of the law of contract to smart contracts, and the fit between smart contracts and the paradigmatic ‘fiat contracts’ that are recognised by the law of contract) is neither as puzzling nor as important as might be supposed. Secondly, it is argued that, if there are concerns about the acceptability of smart contracts, then the conversation that needs to be had is of a ‘regulatory-instrumentalist’ nature; in particular, if the question is one of public policy restrictions on the use of smart contracts, then the appropriate balance of interests needs to be made by an institution that has both the necessary mandate and the appropriate mind-set. Thirdly, it is argued that there are conversations that we currently do not have but which urgently need to be had. Blockchain is a potentially transformative technology and it is important to have more fundamental conversations about the kind of community that we want to be.",20,1,5,27,Public policy; European Union law; Political science; Law and economics; Mandate; Conversation; Balance of interests; Institution; Coherentism; Transformative learning,,,,,https://link.springer.com/article/10.1007/s40804-019-00134-2 https://link.springer.com/article/10.1007/s40804-019-00134-2/fulltext.html https://kclpure.kcl.ac.uk/portal/en/publications/regulatory-fitness(4be5e233-7039-45b6-b3a1-48723c1eb4e7).html https://link.springer.com/content/pdf/10.1007/s40804-019-00134-2.pdf http://eprints.bournemouth.ac.uk/32121/ https://core.ac.uk/download/195262705.pdf,http://dx.doi.org/10.1007/s40804-019-00134-2,,10.1007/s40804-019-00134-2,2917206290,,0,000-912-456-464-287; 003-253-722-539-855; 003-278-271-475-303; 004-278-540-635-19X; 005-149-068-773-171; 008-894-476-114-035; 014-465-084-869-027; 016-706-137-130-187; 017-732-806-258-045; 018-510-533-780-462; 020-143-188-559-539; 021-408-058-596-259; 025-037-796-390-047; 025-343-559-119-355; 026-547-423-651-730; 046-701-492-022-661; 048-913-034-309-769; 049-008-714-217-071; 051-846-724-402-857; 054-319-780-992-956; 056-080-035-788-307; 056-228-092-536-366; 057-035-354-640-135; 063-586-995-301-908; 065-974-502-568-442; 071-459-241-370-657; 072-183-160-684-867; 078-068-053-103-507; 078-359-440-609-508; 087-170-910-751-574; 104-030-039-674-95X; 112-517-434-936-344; 113-346-149-208-017; 113-569-779-764-294; 114-276-382-413-979; 117-114-814-416-987; 119-148-622-071-994; 130-799-089-822-83X; 152-436-350-738-574; 152-799-218-016-956; 154-018-697-858-576; 154-066-023-852-107; 158-821-309-171-923; 164-907-275-185-933; 168-468-961-770-845; 183-296-801-447-315; 189-984-188-611-531; 191-318-748-223-834; 192-676-431-967-399; 197-492-134-818-819; 197-610-264-223-084,14,true,cc-by,hybrid
054-544-923-614-25X,Право и информационные технологии в современных условиях глобализации,2021-01-19,2021,journal article,Lex Russica,26867869; 17295920,Kutafin Moscow State Law University,,Б. А. Шахназаров,"The author considers various aspects of the use of information technologies in the context of globalization in cross-border private law relations. Separately, the issues of determining the law applicable to relations implemented using information technologies (Internet sites, blockchain technologies, mobile applications), the problems of jurisdiction are analyzed. The legal approaches of the Russian Federation, the United States, the EU, and the People's Republic of China are examined. Special attention is given to both the normative legal approaches adopted in these countries, as well as law enforcement practice, decisions and comments of the highest courts. Blockchain technology is analyzed as the most effective information technology that leads to e-commerce processes optimization, ensures the immutability of data in the system and their safe storage and processing. The paper discusses the latest Russian legislation on digital financial assets and digital currency, which can be created based on blockchain technology. It is noted that by recognizing the digital currency as a means of payment, but not recognizing it as a monetary unit, the Russian legislator creates an ambiguous legal field and, in fact, leaves the law enforcement authorities the right to decide on the perception of the digital currency as a specific object of civil rights, sharing it with the concept of a digital financial asset. Through the prism of the influence of the technological environment on the regulation of cross-border private law relations, the principle of technological neutrality is considered. There is a tendency to deviate from the principle of technological neutrality, to develop self-regulatory activities, regulatory mechanisms within the technological environment, to the need to take into account the technology of implementation of relations (which characterizes a particular ""state affiliation"" of relations) when determining the applicable law, jurisdiction over disputes arising from crossborder relations.",,1,118,134,Information technology; Business; Law and economics; Jurisdiction; Legislation; Financial asset; Neutrality; Law enforcement; Digital currency; Private law,,,,,https://lexrussica.msal.ru/jour/article/view/1716 https://cyberleninka.ru/article/n/pravo-i-informatsionnye-tehnologii-v-sovremennyh-usloviyah-globalizatsii https://lexrussica.msal.ru/jour/article/download/1716/1009 https://cyberleninka.ru/article/n/pravo-i-informatsionnye-tehnologii-v-sovremennyh-usloviyah-globalizatsii/pdf,http://dx.doi.org/10.17803/1729-5920.2021.170.1.118-134,,10.17803/1729-5920.2021.170.1.118-134,3126220829,,0,117-287-960-660-190; 129-796-732-160-291; 154-364-661-671-779; 191-457-305-960-27X,1,true,cc-by,hybrid
054-621-625-991-088,Intellectual Property Law – Age of Internet,2016-12-30,2016,journal article,Academic Journal of Interdisciplinary Studies,22813993; 22814612,Richtmann Publishing,,Granit Curri,"Creating of intellectual property product takes time, effort and great commitment. It requires a lot of effort to protect it as well. In a democratic society the protection of copyright is one of its core values, and guarantees cultural heritage, scientific and technological achievement. This article trying to give clear understanding of intellectual property importance in Internet Age, while interpreting and analyzing the copyright and its related rights, as: Objects of law regulated by legal norms, which are relatively new. Moreover during applying the historical data trying to describe and give outlook to the world where the intellectual product has been very low known, comparing with the recognition and regulation of other institutes of civil law. To achieve the aforementioned purpose would be used the interpretation and analysis method of data collection as: Norms from International Conventions and Domestic Law, practical cases and other relative material to the article focus. My research findings are that the copyright provides the economic basis for the creation and distribution of musical works, literary, artistic, movies, computer programs and other forms of creative expression. Moreover it protects its holder and determines whether and how to copy, distribute, and transmit their works as well as it stimulates talents to create creative ideas and prompts businesses to invest in them. DOI: 10.5901/ajis.2016.v5n3s1p363",5,,363,363,The Internet; Psychology; Law and economics; Civil law (legal system); Law; Related rights; Intellectual property; Democracy; Cultural heritage; Municipal law; Information Age,,,,,https://www.mcser.org/journal/index.php/ajis/article/download/9807/9445 https://www.richtmann.org/journal/index.php/ajis/article/view/9807 https://www.richtmann.org/journal/index.php/ajis/article/download/9807/9445 https://www.mcser.org/journal/index.php/ajis/article/view/9807/9445 https://core.ac.uk/download/228564331.pdf,http://dx.doi.org/10.5901/ajis.2016.v5n3s1p363,,10.5901/ajis.2016.v5n3s1p363,2580429268,,0,142-159-817-955-834,0,true,cc-by,hybrid
054-641-526-608-301,Cyberspace: A New Threat to the Sovereignty of the State,2016-09-29,2016,journal article,Management Studies,23282185,David Publishing Company,,Jackson Adams; Mohamad Albakajai,"This paper discusses one of the contemporary challenging issues—it is the challenge of e-commerce to the sovereignty of the state, where governments are unable to implement their own laws on disputed cases resulting from trans-border e-commerce interactions. The objective of the current research is to draw attention to the impact of international characteristics of e-commerce on the sovereignty of state, and to identify the factors affecting this sovereignty. The issue of the dynamicity of time and place will be taken into consideration, where activities carried out over the internet are characterized by their cross-border dimension. Based on real e-commerce case studies disputed on international level, this paper will draw on the legal perspective of cyberspace, identifying the relationship between cyberspace and state sovereignty, and outlining the mechanisms by which cyberspace could cross borders and the territory of the state despite all the precautions taken by the state to protect its sovereignty.",4,6,,,The Internet; Political science; Sovereignty; Law and economics; Law; State (polity); Dimension (data warehouse); Cyberspace; International level,,,,,https://core.ac.uk/display/146502700 http://www.davidpublisher.org/index.php/Home/Article/index?id=26237.html http://repository.essex.ac.uk/21291/ https://core.ac.uk/download/146502700.pdf,http://dx.doi.org/10.17265/2328-2185/2016.06.003,,10.17265/2328-2185/2016.06.003,2550499714,,0,008-137-083-288-810; 009-514-102-680-269; 021-423-479-747-559; 030-899-277-825-598; 033-420-560-047-084; 034-205-857-138-977; 044-586-919-559-764; 048-097-214-391-744; 057-347-564-093-603; 061-769-603-850-633; 072-532-938-064-793; 080-439-877-470-504; 088-949-838-836-906; 125-732-022-247-386; 131-541-479-251-583; 154-228-049-562-908; 173-445-221-534-950; 192-244-778-512-335; 197-267-019-857-539,5,true,cc-by-nc,hybrid
054-819-267-966-520,Be Careful What You Ask For: Reconciling a Global Internet and Local Law,,2003,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Jonathan L. Zittrain,"As the Internet becomes part of daily living rather than a place to visit, its rough edges are smoothed and its extremes tamed by sovereigns wanting to protect consumers, prevent network resource abuse, and eliminate speech deemed harmful. The tools are now within reach to permit sovereigns with competing rulesets to play down their differences - whether by countenancing global privatization of some Internet governance issues through organizations like ICANN, coming to new international agreements on substance and procedure to reduce the friction caused by transborder data flows, or by a ""live and let live"" set of localization technologies to shape the Internet to suit the respective societies it touches. These shifts will help ease the tension between the certitudes that the Internet is global, while the imposition of regulation is almost always local. Such cures for the longstanding dilemmas of Internet jurisdiction and governance eliminate the originally cherished aspects of a global Internet as well - urging us to consider the iatrogenic effects of bulldozing online activity to conform more to the boundaries of the physical world that preceded it, and explaining why, in the United States and elsewhere, there are contradictory policies emerging about the Internet's future.",,,,,The Internet; Economics; Resource (biology); Law; Control (management); Jurisdiction; Live and let live; Internet governance; Corporate governance; Legal aspects of computing,,,,,https://dash.harvard.edu/bitstream/handle/1/10876015/Zittrain_Be%20Careful%20What.pdf?sequence=1 https://cyber.harvard.edu/wg_home/uploads/204/2003-03.pdf https://dash.harvard.edu/handle/1/9696322 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=395300 https://www.ssrn.com/abstract=395300 https://dash.harvard.edu/bitstream/1/10876015/1/Zittrain_Be%20Careful%20What.pdf https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID395300_code030416570.pdf?abstractid=395300&mirid=1 http://cyber.law.harvard.edu/sites/cyber.law.harvard.edu/files/2003-03.pdf https://core.ac.uk/download/28934245.pdf,http://dx.doi.org/10.2139/ssrn.395300,,10.2139/ssrn.395300,2164429534,,0,139-906-046-957-812; 198-628-888-475-978,22,true,,green
055-021-171-753-591,The Commerce Power and Hammer v. Dagenhart,,1919,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Henry Wolf Bikle,,67,1,21,,Electrical engineering; Engineering; Hammer; Power (physics); Operations management,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7676&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol67/iss1/2/ https://core.ac.uk/download/151689436.pdf,http://dx.doi.org/10.2307/3314454,,10.2307/3314454,745596021,,0,,1,true,,
055-053-142-425-51X,Publicity and Image Rights in Scots Law,,2010,journal article,Edinburgh Law Review,13649809; 17551692,Edinburgh University Press,,Gillian Black,A. INTRODUCTION B. DELINEATING PUBLICITY EXPLOITATION (1) Use (2) Subject matter (3) Some terminology C. OBSERVATIONS FROM ABROAD (1) Publicity rights as property rights (2) Publicity rights as personality rights D. SCOTTISH RESPONSES (1) Early cases (2) Contemporary models (a) Passing off (b) Privacy (c) Defamation (d) Data protection (3) The position in summary E. EXCLUSIVE PRIVILEGE (1) From government to commerce (2) Publicity as exclusive privilege,14,3,364,384,Government; Political science; Scots law; Law; Privilege (social inequality); Publicity; Personality rights; Passing off; Data Protection Act 1998; Property rights,,,,,http://www.research.ed.ac.uk/portal/en/publications/publicity-and-image-rights-in-scots-law(b67b5d4f-c9f0-4f74-90e4-decb8c71c95f)/export.html https://core.ac.uk/display/28961760 https://www.research.ed.ac.uk/portal/files/8145309/Publicity_and_image_rights_in_Scots_law.pdf https://www.euppublishing.com/doi/full/10.3366/elr.2010.0302 https://core.ac.uk/download/28961760.pdf,http://dx.doi.org/10.3366/elr.2010.0302,,10.3366/elr.2010.0302,2087483213,,0,050-487-419-966-877,1,true,,green
055-119-060-205-854,The Dependence of Cyberspace,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Amy Lynne Bomse,,50,6,1717,1749,Internet privacy; The Internet; Political science; Cyberspace; Public relations,,,,,https://core.ac.uk/display/62548932 https://scholarship.law.duke.edu/dlj/vol50/iss6/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1118&context=dlj https://core.ac.uk/download/62548932.pdf,http://dx.doi.org/10.2307/1373046,,10.2307/1373046,1600246478,,0,,4,true,,
055-264-795-592-825,Evidence-based drug policy: it starts with good evidence and ends with policy reform.,,2012,journal article,The International journal on drug policy,18734758; 09553959,Elsevier,Netherlands,B. Nosyk; Evan Wood,,23,6,423,425,Public policy; Evidence-based practice; Political science; International economics; Law enforcement; Street drugs; Program development; Poison control; Good evidence; Social Welfare; Environmental health,,Commerce/economics; Crime/economics; Drug Users/legislation & jurisprudence; Drug and Narcotic Control/economics; Government Regulation; Humans; Illicit Drugs/economics; Law Enforcement; Policy Making; Program Development; Program Evaluation; Public Policy/economics; Qualitative Research; Social Welfare/legislation & jurisprudence; Substance-Related Disorders/economics,Illicit Drugs,CIHR Canada; NIDA NIH HHS (R01 DA031727) United States; NIDA NIH HHS (R01-DA031727) United States; NIDA NIH HHS (R01-DA032551) United States; NIDA NIH HHS (R01 DA032551) United States,https://www.ijdp.org/article/S0955-3959(12)00156-9/fulltext https://www.sciencedirect.com/science/article/pii/S0955395912001569 https://www.safetylit.org/citations/index.php?fuseaction=citations.viewdetails&citationIds[]=citjournalarticle_381410_37 https://pubmed.ncbi.nlm.nih.gov/23159128/ http://www.sciencedirect.com/science/article/pii/S0955395912001569 http://europepmc.org/articles/PMC4570729 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4570729,http://dx.doi.org/10.1016/j.drugpo.2012.10.005,23159128,10.1016/j.drugpo.2012.10.005,2052395523,PMC4570729,0,000-299-471-355-094; 000-783-081-869-684; 004-178-055-847-65X; 007-526-974-314-894; 009-791-832-193-361; 010-593-689-678-507; 028-415-167-354-961; 033-462-075-317-04X; 036-485-692-270-751; 042-398-618-673-159; 047-053-094-458-64X; 054-015-857-610-264; 056-489-212-417-341; 059-474-670-366-26X; 068-098-825-299-234; 070-255-677-225-003; 072-797-080-296-326; 081-518-500-409-588; 087-638-058-758-885; 103-643-048-467-552; 134-105-240-552-999; 136-515-027-941-770,3,true,,green
055-790-578-904-773,Corporate Law through an Antitrust Lens,,1992,journal article,Columbia Law Review,00101958,JSTOR,United States,Edward B. Rock,"Antitrust law provides a better framework than corporate law for analyzing issues at the boundary between firms and markets. Such issues arise when shareholders are also competitors. For example, antitrust analysis calls into question the practice of joint bargaining by shareholders targeted by tender offers. Other issues illuminated by antitrust analysis include stakeholder coalitions and state antitakeover statutes.",92,3,497,,Shareholder; Competitor analysis; Tender offer; Business; Boundary (real estate); Statute; Law and economics; Stakeholder; Corporate law; State (polity),,,,,https://core.ac.uk/display/151685101 https://core.ac.uk/download/151685101.pdf,http://dx.doi.org/10.2307/1122953,,10.2307/1122953,2797490742,,0,,21,true,,green
055-923-404-240-176,Control of Property by the Dead. II,,1917,journal article,University of Pennsylvania Law Review and American Law Register,07499833; 19428545,JSTOR,,Austin Wakeman Scott,,65,7,632,632,Property (philosophy); Philosophy; Epistemology,,,,,https://core.ac.uk/download/151689413.pdf,http://dx.doi.org/10.2307/3314051,,10.2307/3314051,,,0,,0,true,,
056-150-395-705-254,Natural Gas Regulation Under the Holding Company Act,,1954,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ralph K. Huitt,,19,3,455,473,Business; Waste management; Natural gas,,,,,https://scholarship.law.duke.edu/lcp/vol19/iss3/8/ https://core.ac.uk/display/62557124 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2607&context=lcp https://core.ac.uk/download/62557124.pdf,http://dx.doi.org/10.2307/1190219,,10.2307/1190219,1579836354,,0,,1,true,,green
056-179-772-368-740,Protecting the interests of consumers in E-Commerce according to Vietnamese law,2020-10-31,2020,journal article,Journal of Mining and Earth Sciences,18591469,Hanoi University of Mining and Geology,,Anh Ngoc Thi Nguyen; Chien Minh Le,"<jats:p>Consumers’ rights protection is the guarantee of consumers in the commercial trasaction process in order to improve the efficiency of  commercial transactions, creating a driving force for the development of national production. E-commerce is an effective but still relatively new form of civil transactions in our country and easy to infringe on consumers' interests, so to promote e-commerce transactions, the interests of Consumers in e-commerce are protected not only through the activities of consumer associations, but also through legal documents of the State such as the Law on Protection of Consumer Rights 2010, Law on Electronic Transactions 2005,… However, the practical research results show that, in the past time, the acts of violating consumer interests in e-commerce have tended to increase such as violations of goods information, personal secrets of consumers. The article analyzes the current situation of protecting consumers' interests in e-commerce according to Vietnamese law related to these aspects: (1) the information provided by businesses; (2) online payment security, data protection and privacy, dispute resolution and redress; (3) the right to obtain documents relating to e-commerce transactions,… proposing a number of recommendations to improve the efficiency of law enforcement on consumer protection in e-commerce, contributing to promoting goods exchange and business activities of the economy.</jats:p>",61,5,87,96,Vietnamese; Business; Commerce; E-commerce,,,,,http://dx.doi.org/10.46326/jmes.ktqtkd2020.12,http://dx.doi.org/10.46326/jmes.ktqtkd2020.12,,10.46326/jmes.ktqtkd2020.12,3095150083,,0,,0,true,,bronze
056-332-556-950-822,"China, globalisation and crime: a potential victim of its own prospective success?",2004-12-31,2004,journal article,Journal of Financial Crime,13590790; 17587239,Emerald,United Kingdom,Rob McCusker,"Describes corruption in China as accounting for 4‐8% of its GDP and as such a restraint on the financial system’s ability to carry out its basic functions, despite the undeniable dynamism of its emerging economy. Points out that globalisation depends on free capital movements between developed and underdeveloped countries and that it has electronic commerce at its heart, and both these facilities are being rapidly infiltrated by criminal organisations. Concludes that the current global political climate could make China a suitable target for both terrorists and protesters, and uses Russia as an example of a formerly Communist state dominated by corruption.",12,1,44,52,Emerging markets; Political economy; Economics; China; Political climate; Corruption; Communist state; Globalization; Economic system; Developing country; Capital (economics),,,,,https://research.tees.ac.uk/ws/files/6489890/115495.pdf https://www.emerald.com/insight/content/doi/10.1108/13590790510625007/full/html https://research.tees.ac.uk/en/publications/china-globalisation-and-crime-a-potential-victim-of-its-own-prosp https://core.ac.uk/display/9440308 https://core.ac.uk/download/pdf/196169126.pdf,http://dx.doi.org/10.1108/13590790510625007,,10.1108/13590790510625007,1985805293,,0,008-908-575-283-904; 062-923-292-534-009; 093-498-225-736-639; 160-559-903-385-933; 176-488-676-062-32X; 199-312-461-140-664,4,true,cc-by-nc-nd,green
056-462-021-307-115,Constitutional Crossroads: Reconciling the Twenty-First Amendment and the Commerce Clause to Evaluate State Regulation of Interstate Commerce in Alcoholic Beverages,,2000,journal article,Duke Law Journal,00127086,JSTOR,United States,Duncan Baird Douglass,"Trying to purchase a highly rated, limited-production wine from a local wine retailer can be a fruitless endeavor. In most states, wine retailers are permitted to purchase stock only from a state-licensed wholesaler. If a licensed wholesaler does not carry the particular label a customer desires, the customer will find it difficult or impossible even to special order the wine through a local retailer. Growth in mail-order and electronic commerce, however, has provided new channels through which consumers and producers or retailers can reach each other. The wine industry, particularly small wineries and specialty wine retailers, has made swift use of these burgeoning avenues of commerce. Many wineries and wine retailers permit customers to order coveted bottles of wine over the Internet through their websites. Some oenophiles may be concerned that wines purchased through mail-order or over the Internet will suffer poor travel or storage conditions in the hands of common carriers during the necessary shipping. A Florida resident who purchases wine from an out-of-",49,6,1619,1662,The Internet; Advertising; Business; Commerce Clause; Alcohol industry; Wine industry; First amendment; Commerce; Wine; Stock (geology),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1082&context=dlj https://scholarship.law.duke.edu/dlj/vol49/iss6/4/ https://core.ac.uk/download/62549012.pdf,http://dx.doi.org/10.2307/1373054,,10.2307/1373054,1514343051,,0,,6,true,,green
056-584-759-529-107,THE ROLE OF FISHERMEN IN ASSISTING MARITIME LAW ENFORCEMENT AGENCIES TO PREVENT MARITIME SECURITY THREATS,2018-05-22,2018,journal article,Jurnal Pertahanan & Bela Negara,26207400; 26205262,Indonesia Defense University,,Anta Maulana Nasution,"Abstrac t – Indonesia’s sea is approximately 2/3 wider than the mainland, with very strategic geographical posisition located at the cross point of Indian and Pacific Oceans. This geographical posisition serves as strategic route for shipping, with every shipment from the west to east and the opposite will sail through the Indonesian sea. This can be both opportunity or challenge, depending on how Indonesia will manage it. If the State did not manage it well, it will increase the maritime security threats, such as IUU fishing, smuggling, and piracy. These threats may seriously disrupt the marine economics development, given the limited number of armaments and personnel of marine law enforcement agencies. Therefore, the capacity of fishermen in assisting marine law enforcement agencies to prevent the maritime security threat is inevitable. This study uses descriptive qualitative method. There are two types of data sources, primary and secondary data sources. Primary sources is obtained through interview with stakeholders and fishermen organization, while secondary data source is obtained by literature study. The role of fishermen in assisting maritime law enforcement agencies, in this case PSDKP KKP and Navy, to prevent maritime security threats is prescribed role or recommended role. The prescribed role is shown by the community group program established by PSDKP and Coastal Development in Rural area which is established by the Navy. With this program, the fishermen can supply informations about maritime security threats to PSDKP and the Navy so that they can act immediately to prevent these threats. Keywords : Maritime Security Threats, Fishermen, Community Group Supervisor (Pokmaswas), Development Of Coastal In Rural Area (Bindesir)",8,1,19,40,Mainland China; Rural area; Business; State (polity); Navy; Maritime security; Indonesian; Law enforcement; Fishing; Environmental planning,,,,,http://jurnal.idu.ac.id/index.php/JPBH/article/view/276/164 http://jurnal.idu.ac.id/index.php/JPBH/article/download/276/164 https://core.ac.uk/download/pdf/268375043.pdf,http://dx.doi.org/10.33172/jpbh.v8i1.276,,10.33172/jpbh.v8i1.276,2809268109,,0,,0,true,,gold
056-882-439-290-294,China vs. United States: A Cosmopolitan Copyright Comparison,2015-02-10,2015,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Amy Rosen,"China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.",15,1,1,32,Political science; China; Law; Copyright law; Intellectual property; Reputation,,,,,http://tlp.law.pitt.edu/ojs/index.php/tlp/article/download/154/166 https://tlp.law.pitt.edu/ojs/index.php/tlp/article/view/154 https://core.ac.uk/download/270175674.pdf,http://dx.doi.org/10.5195/tlp.2014.154,,10.5195/tlp.2014.154,2095284796,,0,,1,true,cc-by-nc-nd,gold
056-977-657-143-032,Implementation of E-Commerce Crime Law Enforcement at the West Nusa Tenggara Regional Police,2021-02-02,2021,journal article,International Journal of Multicultural and Multireligious Understanding,23645369,International Journal of Multicultural and Multireligious Understanding (IJMMU),,Siti Zahratul Azizah; Zainal Asikin; Lalu Parman,"This study aims to analyze the implementation of e-commerce criminal law enforcement in the NTB police institution related to how the law enforcement of e-commerce crime in the NTB Regional Police agency and how the legal protection of e-commerce consumers in the NTB Regional Police agency. Through empirical legal research related to law enforcement of e-commerce crimes in the NTB Regional Police. Based on the statutory approach, conceptual approach, and sociological approach to law. The legal basis for law enforcement of the NTB police e-commerce crime is the Criminal Code and Law Number 19 of 2016 concerning Electronic Information and Transactions. Enforcement of criminal law against e-commerce in article 378 of the Criminal Code, the penalty is too light, so the police apparatus uses article 28 paragraph (1) and article 45A paragraph (1) of Law number 19 of 2016 concerning Electronic Information and Transactions. In e-commerce crime, the police have difficulties such as difficulty finding evidence, finding anonymous accounts and electronic identities. In addition, the NTB Police agency does not have the authority to intercept and block accounts used by e-commerce criminals. The NTB Regional Police's legal protection measures for consumers include conducting checks at internet cafes, collecting evidence related to crimes, tracking related crimes, confiscating electronic evidence, disclosing (blocking bank accounts) or detaining based on preliminary evidence or so-called evidence enough.",8,2,7,26,Agency (sociology); Business; Statutory law; Criminal law; Enforcement; Law enforcement; Criminal code; Legal research; Criminology; E-commerce,,,,,https://ijmmu.com/index.php/ijmmu/article/view/2273 https://ijmmu.com/index.php/ijmmu/article/download/2273/1988,http://dx.doi.org/10.18415/ijmmu.v8i2.2273,,10.18415/ijmmu.v8i2.2273,3128463718,,0,,0,true,cc-by-nc-nd,gold
057-084-298-251-098,Japanese Approaches to Extraterritoriality in Competition Law,2017-04-11,2017,journal article,International and Comparative Law Quarterly,00205893; 14716895,Cambridge University Press (CUP),United Kingdom,Marek Martyniszyn,"Extraterritorial application of domestic competition law is an important feature of the current regulatory framework governing anticompetitive conduct. Japan was initially hesitant to apply its Antimonopoly Act in such a manner. However, over the last two decades there has been a significant shift in its approach. Japan has gradually embraced extraterritoriality and the Japan Fair Trade Commission has actively enforced competition law in a purely offshore context. This article investigates this evolution and considered the most recent and controversial cases in which Japan has applied its laws in a distinctive fashion.",66,3,747,762,Political science; Law and economics; Law; Commission; Extraterritorial jurisdiction; Competition law; Extraterritoriality; Context (language use); Fair trade,,,,,https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/japanese-approaches-to-extraterritoriality-in-competition-law/2706064BF63C250F26806D4B7E656F10 https://dialnet.unirioja.es/servlet/articulo?codigo=6077019 https://pureadmin.qub.ac.uk/ws/files/125650658/JAPANESE_APPROACHES_TO_EXTRATERRITORIALITY_IN_COMPETITION_LAW.pdf https://pure.qub.ac.uk/portal/en/publications/japanese-approaches-to-extraterritoriality-in-competition-law(788ab324-3a1c-4635-a339-fbcd4e9b5fd4)/export.html https://pure.qub.ac.uk/en/publications/japanese-approaches-to-extraterritoriality-in-competition-law https://core.ac.uk/download/79608488.pdf,http://dx.doi.org/10.1017/s0020589317000161,,10.1017/s0020589317000161,2606851650,,0,000-691-469-513-643; 007-290-771-741-580; 010-183-721-243-887; 011-273-062-002-531; 020-550-952-482-185; 029-266-284-954-878; 040-383-652-352-303; 043-934-336-926-00X; 062-822-365-620-010; 090-454-797-487-128; 100-537-067-393-837; 110-579-125-461-825; 148-274-423-076-353; 151-879-787-604-17X; 180-974-224-169-079; 192-361-891-140-783,4,true,,green
057-188-695-608-51X,"The Formulation and Review of Regulations Under the Food, Drug, and Cosmetic Act",,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ralph F. Fuchs,"The new Food, Drug, and Cosmetic Act embodies the most drastic consequence thus far produced by a recent important tendency in federal legislation to impose strict procedural requirements upon regulatory agencies in the exercise of rule-making powers and to subject the resulting regulations to a high degree of judicial review.' Heretofore the adoption of general regulations by administrative action, even where penal consequences attached to their violation, has not been surrounded by the safeguards that attend a judicial proceeding or an administrative proceeding of a ""quasijudicial"" character.2 Under the new Act, however, as under a number of other recent federal laws,3 the Secretary of Agriculture and his agents in the Food and Drug Adrrministration are required to observe a careful procedure in devising numerous important regulations, and these regulations, in turn, are subject to judicial review in the Circuit Courts of Appeals.4 The resulting process resembles the previous machinery for prescribing public utility rates, rather than that employed in devising health and safety regulations, whether by the Food and Drug Administration itself or by other agencies.5",6,1,43,69,Business; Marketing; Law and economics; Legislation; Administrative action; Food and drug administration; Judicial review; Food safety; Administrative law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1938&context=lcp https://core.ac.uk/display/62558449 https://www.jstor.org/stable/1189728 https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2600&context=facpub https://scholarship.law.duke.edu/lcp/vol6/iss1/3/ https://www.repository.law.indiana.edu/facpub/1602 https://core.ac.uk/download/62558449.pdf,http://dx.doi.org/10.2307/1189728,,10.2307/1189728,2115910904,,0,,19,true,,green
057-649-688-341-932,Extraterritorial application of U.S. antitrust laws: principles and responses,2017-09-14,2017,journal article,Jindal Global Law Review,09752498; 23644869,Springer Science and Business Media LLC,,Donald E. Knebel,"The antitrust laws of the United States expressly apply to conduct involving trade “with foreign nations.” American courts have concluded that these laws can and do reach activities occurring entirely outside of the United States if those activities have the requisite effects on U.S. commerce, even if the activities are tolerated, or even encouraged, by the laws of the jurisdiction in which they occur. In response, some countries have enacted laws seeking to minimize the impact of U.S. antitrust laws on activities occurring within their borders. This article examines the development and application of legal principles governing the extraterritorial reach of U.S. antitrust laws and looks at international and domestic responses to that reach, including the Foreign Trade Antitrust Improvements Act. The article also looks briefly at how considerations of international comity and similar principles can affect the reach of U.S. law and at U.S. enforcement attitudes.",8,2,181,202,Political science; Law; Jurisdiction; Comity; Enforcement; Consent decree,,,,,https://link.springer.com/article/10.1007/s41020-017-0047-x https://rd.springer.com/article/10.1007/s41020-017-0047-x,http://dx.doi.org/10.1007/s41020-017-0047-x,,10.1007/s41020-017-0047-x,2754585027,,0,,2,false,,
057-741-369-910-765,The Per Se Rule as Applied to Vertical Territorial Restraints: An Improper Standard,,1975,journal article,Duke Law Journal,00127086,JSTOR,United States,Eric H. Halvorson,,1975,4,935,,,,,,,https://core.ac.uk/download/62550796.pdf,http://dx.doi.org/10.2307/1372087,,10.2307/1372087,,,0,,0,true,,green
058-305-247-542-04X,"The Legal Effect of Input Errors in Automated Transactions: The South African Matrix: Lex Informatica Conference, 21st-23rd May 2008 Pretoria, South Africa",,2009,journal article,"Journal of Information, Law and Technology",13614169,,,Tana Pistorius,"1. Introduction The overall objective of the ECT Act is to facilitate electronic commerce and to provide legal certainty to online traders and consumers alike. However, several contradictory and inconsistent legislative provisions have marred this objective. The consumer protection provisions are over-zealous. An analysis of the consumer protection provisions point to several inconsistencies in the calculation of time periods. In addition, South African on-line retailers are subject to more stringent requirements than the majority of on-line retailers elsewhere. The analysis of the provisions on automated transactions also point to several contradictory provisions. A serious oversight is the dilution of the incorporation by reference requirements. The net effect of this drafting error dilutes the legislative intent of protecting ignorant South African on-line shoppers. Consumers will be bound to the supplier's terms and conditions where they were capable of being reviewed, notwithstanding the fact that the reference to them may have been unclear and indistinct. A transaction for the supply of goods or services on a web site will also of necessity qualify as an automated transaction. Many on-line transactions will thus fall within the ambit of both a consumer and an automated transaction as a consumer is defined as a natural person. Most on-line transactional interfaces involve an electronic agent. Unfortunately, the provisions dealing with consumers and natural persons transacting with electronic agents have not been aligned. A case in point is the legal effect of keying error. The on-line supplier faces the risk that the contract could be voidable or void as a result of keystroke errors, depending on whether the transaction is viewed as a consumer transaction or an automated transaction. Although a transactional matrix can accommodate all these legislative inconsistencies the amendment of the ECT Act to exonerate these drafting errors is an imperative.. 2. The Development of South Africa's E-Commerce Law The South African principles of contract law were formed in a paper-based world that ran on paper and ink. At the end of the 1990's the South African legal community realised that the advent of electronic communications as a medium for contract formation posed astounding and complex legal problems. Legal certainty was sought by both traders in and consumers of the new digital economy (Van der Hof, 2003, pp 165-166). The Discussion Paper on Electronic Commerce (Jul 1999) served as a starting point for discussions concerning the development of a national policy on e-commerce for South Africa. The Green Paper on E-Commerce ""Making it your business"" (2000) was a further step in the evolution of a South African policy on E-commerce. The Electronic Communications and Transactions Act (ECT Act) was promulgated on 25 August 2002. The overall objective of the ECT Act is to enable and facilitate electronic transactions by providing for its enforceability and thus creating public confidence in electronic transaction. As drafted, the Act represents a major step forward in the facilitation of electronic commerce in South Africa. The impact of the Act is extensive as far as Chapter III ""Facilitating Electronic Transactions"" is concerned as its amendments to traditional approaches to contract law are dramatic. Chapter VII ""Consumer Protection"" introduced austere on-line consumer protection provisions. The ECT Act provides legal recognition to contracts formed through data messages. The meaning of several key terms, namely data, data message, electronic and electronic transaction is important for this discussion. Section 1 of the ECT Act provides that a data message means data generated, sent, received or stored by electronic means and includes voice, where the voice is used in an automated transaction and a stored record. The notion of a ""data message"" is not limited to means of electronic communication but is also intended to encompass computer-generated records that are not intended for communication. …",2008,2,,,Law and economics; Law; Digital economy; Natural person; Legal certainty; Green paper; Legislative intent; Consumer protection; Computer science; Voidable; Database transaction,,,,,https://www.questia.com/library/journal/1G1-197857849/the-legal-effect-of-input-errors-in-automated-transactions,https://www.questia.com/library/journal/1G1-197857849/the-legal-effect-of-input-errors-in-automated-transactions,,,299332997,,0,,0,false,,
058-321-520-682-079,The consequences of Brexit for existing and future commercial contracts,2019-10-26,2019,journal article,Amicus Curiae,2048481x; 14612097,School of Advanced Study,,Muriel Renaudin,"This paper proposes to discuss and evaluate the legal consequences of Brexit for the legal framework regulating cross-border commercial transactions for the United Kingdom. What Brexit means for the law governing transnational commercial contracts depends on the model legal framework which will be adopted between the European Union and the United Kingdom. Until an agreement is reached as to the shape of this new regulatory framework for cross-border commercial transactions with Europe, commercial actors may be confronted with legal uncertainties vis-a-vis performance and enforcement of their existing and future commercial agreements. This paper thus attempts to evaluate the consequences of Brexit on legal issues such as performance, jurisdiction and enforcement of contracts. Given that we already know the consequences of Brexit if the UK decides to maintain membership to current trade agreements, this paper proposes to discuss the impact of Brexit on commercial contracts in the event of a ""no deal' scenario, that is a situation where all current EU trade and judicial cooperation agreements would cease to apply to the UK upon leaving the EU. The paper argues, from a legal perspective, that continued membership of current European Union trade agreements and judicial cooperation agreements would maintain predictability, security and efficiency in the performance and enforcement of transnational commercial contracts within Europe.",,,2,9,Business; International trade; Brexit; Jurisdiction; Enforcement; European union,,,,,https://journals.sas.ac.uk/amicus/article/download/5040/4951 http://orca.cf.ac.uk/117363/ https://orca.cardiff.ac.uk/117363/ https://core.ac.uk/download/162930598.pdf,http://dx.doi.org/10.14296/ac.v2017i112.5040,,10.14296/ac.v2017i112.5040,2903701914,,0,,0,true,,gold
058-341-185-601-726,"Tobacco control law enforcement and compliance in Odisha, India--implications for tobacco control policy and practice.",2012-09-30,2012,journal article,Asian Pacific journal of cancer prevention : APJCP,2476762x; 15137368,Asian Pacific Organization for Cancer Prevention,Thailand,Bhuputra Panda; Anita Rout; Sanghamitra Pati; Abhimanyu Singh Chauhan; Asima Tripathy; Radhika Shrivastava; Abhinav Bassi,"Introduction: Tobacco use is a leading cause of deaths and disabilities in India, killing about 1.2 lakh people in 2010. About 29% of adults use tobacco on a daily basis and an additional 5% use it occasionally. In Odisha, non-smoking forms are more prevalent than smoking forms. The habit has very high opportunity cost as it reduces the capacity to seek better nutrition, medical care and education. In line with the WHO Framework Convention on Tobacco Control (FCTC), the Cigarettes and Other Tobacco Products Act (COTPA) is a powerful Indian national law on tobacco control. The Government of Odisha has shown its commitment towards enforcement and compliance of COTPA provisions. In order to gauge the perceptions and practices related to tobacco control efforts and level of enforcement of COTPA in the State, this cross-sectional study was carried out in seven selected districts. Materials and methods:A semi-structured interview schedule was developed, translated into Odiya and field-tested for data collection. It mainly contained questions related to knowledge on provisions of section 4-7 of COTPA 2003, perception about smoking, chewing tobacco and practices with respect to compliance of selected provisions of the Act. 1414 samples were interviewed. Results: The highest percentage of respondents was from the government departments. 70% of the illiterates consumed tobacco as compared to 34% post graduates. 52.1% of the respondents were aware of Indian tobacco control laws, while 80.8% had knowledge about the provision of the law prohibiting smoking in public places. However, 36.6% of the respondents reported that they had 'very often' seen tobacco products being sold 'to a minor', while 31.2% had seen tobacco products being sold 'by a minor'. In addition, 24.8% had 'very often' seen tobacco products being sold within a radius of 100 yards of educational institutions.",13,9,4631,4637,Chewing tobacco; Government; WHO Framework Convention on Tobacco Control; Enforcement; Law enforcement; Tobacco control; Indian tobacco; Opportunity cost; Medicine; Environmental health,,"Adult; Age Factors; Cross-Sectional Studies; Educational Status; Female; Health Knowledge, Attitudes, Practice; Health Policy/legislation & jurisprudence; Humans; India; Law Enforcement; Male; Middle Aged; Smoking/legislation & jurisprudence; Tobacco; Tobacco, Smokeless; Young Adult",,,http://www.koreascience.or.kr/article/ArticleFullRecord.jsp?cn=POCPA9_2012_v13n9_4631 https://pubmed.ncbi.nlm.nih.gov/23167393/ https://www.narcis.nl/publication/RecordID/oai%3Arepository.ubn.ru.nl%3A2066%2F110004 https://www.koreascience.kr/article/JAKO201202950483082.view http://www.ncbi.nlm.nih.gov/pubmed/23167393 http://www.koreascience.kr:80/article/JAKO201202950483082.pdf https://repository.ubn.ru.nl/handle/2066/110004 https://core.ac.uk/download/16194452.pdf,http://dx.doi.org/10.7314/apjcp.2012.13.9.4631,23167393,10.7314/apjcp.2012.13.9.4631,2154825210,,0,001-121-889-950-024; 011-705-023-407-954; 033-986-482-034-669; 035-189-408-141-803; 049-905-993-801-368; 055-542-343-467-465; 068-799-156-629-006; 099-044-431-869-784; 120-605-070-686-216; 126-705-541-717-493; 135-926-282-482-508,28,true,cc-by,gold
058-449-119-750-891,"Intention to Create Legal Relations and the Reform of Contract law: A Conservative Approach in the Modern Global Era Social Development, Customary Law and Administration of Justice in Nigeria",2020-02-10,2020,journal article,The Journal of Social Sciences Research,24136670; 24119458,Academic Research Publishing Group (Publications),,James E. Archibong,"Intention to create legal relations is one of the essential elements of a valid contract. It is a critical factor in validating a contract alongside offer, acceptance and consideration. Even when an agreement fulfills these three basic elements, failure to prove intent to be legally bound nullifies the contract and justifies the refusal of the justice system to enforce it. It has been argued on one hand that as far as an agreement has met the basic elements of offer, acceptance and consideration necessitating a separate test of intention to create legal relations is inordinate. On the other hand, it has also been submitted that the doctrine should be retained. Through an analytical approach, this paper examines both sides of the contention and resolves in favour of retaining the doctrine. This will enhance commerce; guaranty contracting parties’ uninhibited right and freedom to enter into a contract and ensure certainty and stability in the realm of contract in a manner consistent with the requirements of modern global era.",6,62,177,184,Surety; Economic Justice; Political science; Law; Social change; Doctrine; Test (assessment); Realm; Administration of justice; Certainty,,,,,https://ideas.repec.org/a/arp/tjssrr/2020p177-184.html,http://dx.doi.org/10.32861/jssr.62.177.184,,10.32861/jssr.62.177.184,3008127440,,0,,0,true,cc-by,gold
058-539-979-333-384,United States-Soviet Union Trade Agreement of 1972,,1972,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Kazimierz Grzybowski,,37,3,395,428,International trade; Economics; International economics; European integration; Trade agreement; Soviet union; Free trade; International free trade agreement,,,,,https://scholarship.law.duke.edu/lcp/vol37/iss3/2/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3374&context=lcp https://core.ac.uk/download/62555431.pdf,http://dx.doi.org/10.2307/1191129,,10.2307/1191129,1508619310,,0,,1,true,,green
059-028-192-853-468,"Dreams and Nightmares of Liberal International Law: Capitalist Accumulation, Natural Rights and State Hegemony",2016-07-01,2016,journal article,Law and Critique,09578536; 15728617,Springer Science and Business Media LLC,United Kingdom,Tarik Kochi,"This article develops a line of theorising the relationship between peace, war and commerce and does so via conceptualising global juridical relations as a site of contestation over questions of economic and social justice. By sketching aspects of a historical interaction between capitalist accumulation, natural rights and state hegemony, the article offers a critical account of the limits of liberal international law, and attempts to recover some ground for thinking about the emancipatory potential of international law more generally.",28,1,23,41,Sociology; Comparative law; Human rights; Public international law; Law; International relations; Liberalism; International law; International human rights law; Municipal law,,,,,https://link.springer.com/content/pdf/10.1007/s10978-016-9188-x.pdf http://sro.sussex.ac.uk/id/eprint/62019/ https://link.springer.com/article/10.1007/s10978-016-9188-x https://paperity.org/p/77167819/dreams-and-nightmares-of-liberal-international-law-capitalist-accumulation-natural-rights https://core.ac.uk/download/42579600.pdf,http://dx.doi.org/10.1007/s10978-016-9188-x,,10.1007/s10978-016-9188-x,2471791545,,0,001-596-740-188-691; 002-557-724-588-999; 004-828-773-003-840; 007-928-649-886-401; 008-391-559-281-176; 011-349-490-098-339; 011-548-860-839-037; 012-035-978-648-108; 013-256-806-198-388; 014-589-868-280-688; 015-514-547-663-370; 016-738-835-711-778; 016-829-353-100-767; 017-501-910-715-99X; 017-852-452-063-481; 020-500-006-204-706; 022-074-652-117-360; 024-573-103-691-30X; 026-053-100-411-134; 026-799-089-481-537; 027-206-122-473-898; 027-590-740-808-607; 028-584-820-807-554; 029-825-649-491-756; 031-073-544-877-188; 031-211-199-335-179; 032-505-255-806-677; 034-909-094-760-199; 035-041-231-415-862; 035-456-252-966-801; 035-699-226-301-511; 036-819-644-354-368; 038-214-336-577-27X; 039-046-079-744-706; 039-738-383-910-729; 041-565-394-120-190; 044-256-237-867-872; 050-364-258-911-508; 050-750-154-070-439; 051-059-663-830-985; 051-608-597-124-183; 053-085-419-597-183; 053-428-760-657-081; 053-543-661-326-344; 054-308-231-908-156; 054-551-087-873-103; 054-563-510-094-675; 059-547-725-560-161; 059-655-393-590-855; 059-929-742-167-883; 065-581-077-624-660; 066-993-512-075-481; 068-720-850-343-417; 070-075-247-490-933; 071-130-901-682-290; 074-237-223-746-660; 074-731-434-524-965; 075-661-130-821-739; 075-679-824-005-627; 077-277-665-427-216; 083-229-898-923-510; 089-638-237-963-49X; 090-588-312-214-820; 093-477-699-254-663; 093-948-364-538-187; 094-559-830-140-561; 095-134-946-499-958; 096-420-519-066-887; 102-887-625-244-960; 103-483-282-205-26X; 104-367-295-586-952; 105-617-887-162-075; 109-383-130-292-915; 110-940-052-272-170; 111-305-218-367-801; 111-336-697-220-541; 113-341-662-813-872; 114-025-466-066-269; 114-661-383-269-455; 115-102-819-857-107; 115-447-070-542-560; 117-040-241-075-329; 118-605-100-660-737; 118-970-749-437-420; 120-163-064-730-529; 123-172-379-420-182; 126-157-250-356-46X; 126-947-343-680-791; 131-878-924-871-486; 134-353-661-934-066; 138-447-245-501-002; 139-997-365-642-128; 142-694-847-185-097; 145-844-122-363-896; 147-545-122-183-02X; 147-749-277-079-248; 147-892-199-502-259; 150-044-705-554-534; 155-664-265-143-406; 155-843-159-967-042; 156-771-740-401-807; 156-981-474-785-566; 159-399-132-952-307; 164-803-249-116-102; 166-595-166-742-879; 166-778-713-415-124; 167-022-190-734-842; 168-397-404-447-441; 171-863-477-027-636; 172-603-688-837-730; 173-455-524-681-383; 177-207-458-091-571; 182-408-274-900-460; 185-574-938-407-904; 186-605-066-399-614; 186-633-602-691-845; 191-079-393-070-828; 194-294-433-043-21X; 197-215-521-871-198; 197-270-562-270-120; 197-491-865-445-660; 197-772-969-075-685; 197-914-694-528-059,0,true,cc-by,hybrid
059-366-568-002-63X,NoC Online Intermediaries Case Studies Series: European Union and Google Spain,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Aleksandra Kuczerawy; Jef Ausloos,"This paper provides an overview of the legal framework governing the liability of online intermediaries in the European Union (EU). The E-Commerce Directive undoubtedly constitutes the key legal instrument targeting online intermediaries on the EU-wide level. After outlining the key provisions in this Directive, the paper will analyze the Google Spain ruling as a case study. This ruling is particularly interesting for two reasons. First of all, it involves a type of intermediary (search engine) whose legal position is largely undefined at the EU level. Secondly, the Google Spain case concerns the position of search engines vis-a-vis the personal data they process. In this regard, it is an ideal case study with which to evaluate the interaction between the intermediary liability regime and data protection law. Additionally, it provides food for thought with regard to the role of intermediaries in the governance of the Internet.",,,,,Intermediary; Business; Law and economics; Position (finance); Legal instrument; Liability; Directive; European union; Corporate governance; Public relations; Data Protection Act 1998,,,,,https://core.ac.uk/display/34627004 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2567183_code1110943.pdf?abstractid=2567183&mirid=1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2567183 https://ssrn.com/abstract=2567183 https://core.ac.uk/download/pdf/34627004.pdf,http://dx.doi.org/10.2139/ssrn.2567183,,10.2139/ssrn.2567183,64389828,,0,075-108-184-610-044; 103-511-932-816-579; 104-204-968-398-627; 127-858-960-896-485; 174-599-776-064-268,2,true,,green
059-385-688-150-921,Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions:,2017-03-01,2017,journal article,Federal Law Review,0067205x; 14446928,SAGE Publications,,Stephen Corones; Juliet Davis,"This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the ...",45,1,65,95,Data security; Internet privacy; Data collection; Business; Tracking (education); Consumer privacy; Consumer protection,,,,,https://journals.sagepub.com/doi/pdf/10.1177/0067205X1704500104 https://eprints.qut.edu.au/109514/ https://core.ac.uk/download/85126223.pdf,http://dx.doi.org/10.1177/0067205x1704500104,,10.1177/0067205x1704500104,2900835753,,0,,2,true,,green
060-076-330-700-112,The 'No-reading' and Consent in Online Consumer Standard Form Contracting,,2019,journal article,European Journal of Business and Management,,"International Institute for Science, Technology and Education",,,"Like transactions in the paper world, online consumer transactions are dominated by standard form contract terms. The online era has brought with it various mechanisms of entry into agreements, including shrink wrap, click wrap and browse wrap agreements. With increasing alacrity, consumers are mouse-clicking their way into standard form contracts on the internet. A major challenge with the otherwise called  online contracts  of adhesion  is the perception that consumers do  not often read or understand the fine-print terms and this makes it difficult to identify the requisite “meeting of the minds” or “mutual assent” of contract formation. When confronted by a lengthy and incomprehensible standard form contract, the response of many, if not most, consumers is to click “yes”’ – without reading the contract or giving it careful consideration. The paper examines how case law responds to the issues of no-reading and assent in an online consumer standard form environment. The paper recommends some practical guides for implementation of technique of legal agreements in the light of case law. Keywords: consumer, standard form contract, terms and conditions, no-reading, assent DOI: 10.7176/EJBM/11-17-02 Publication date:June 30th 201",,,,,,,,,,https://core.ac.uk/download/pdf/234628988.pdf,http://dx.doi.org/10.7176/ejbm/11-17-02,,10.7176/ejbm/11-17-02,,,0,,0,true,cc-by,hybrid
060-623-348-065-807,An Introduction of a Multi-dimensional Model for Effectiveness of e-commerce in Regulating Market and Pricing of Commodities and Services A Case Study: Selected Guilds of Iran’s market,2015-10-30,2015,journal article,INTERNATIONAL JOURNAL OF MANAGEMENT & INFORMATION TECHNOLOGY,22785612,CIRWOLRD,,shirin osouli ghareh aghaji; Ali Sanayei,"In this study, we have embarked on identification and studying seminal factors composing e-commerce in Iranian context which has the greatest impact in regulating Iranian market. Factors, studied in this research, are all based on Iranian people’s cultural and societal characteristics, and Iranian market’s (selected guilds of computer unions, cell-phone, clothes, and food) features. Reviewing essential strategies in order to regulate Iranian market together with studying e-commerce features illustrates the necessity of determining effective components of e-commerce in regulating Iranian market. This research, in terms of target, is of practical and fundamental type, and, in terms of methodology, is of descriptive kind correlation, and employs a combined method of surveying (face to face and online) and field study. To examine fundamental components of the research a questionnaire was prepared, and the researcher has also used tests of ‘structural equation modelling’ and ‘track analysis’ to corroborate the findings of the research. The results of the research showed that e-commerce is effective in regulating market and pricing goods through 5 factors, namely, electronic government, rules and regulations of e-commerce, the culture of using e-commerce, tools of E-Marketing tools and e-commerce technologies, where all factors enjoy enough integrity to compose a ‘structural equation’ pattern. Given the use of multi-layer questionnaire and mathematical concepts such as ‘multi-dimensional matrixes’, the results, found in research, are introduced as 3-dimential model.",10,8,2408,2417,Government; Economics; Marketing; Order (exchange); Face-to-face; Context (language use); Industrial organization; Clothing; Structural equation modeling; E-commerce; Identification (information),,,,,http://cirworld.com/journals/index.php/ijmit/article/view/4944/pdf_68 http://cirworld.org/journals/index.php/ijmit/article/view/4944 https://core.ac.uk/download/322474653.pdf,http://dx.doi.org/10.24297/ijmit.v10i8.2050,,10.24297/ijmit.v10i8.2050,2111426361,,0,030-685-506-577-29X; 044-352-066-911-129; 073-699-305-726-401; 101-446-132-898-894; 110-024-875-820-031; 118-274-729-831-106; 138-952-939-247-448,0,true,cc-by,gold
060-693-273-834-184,Naval Blockade,,2018,journal article,Arctic Review on Law and Politics,23874562; 18916252,Cappelen Damm AS - Cappelen Damm Akademisk,,Magne Frostad,Naval blockade is an old form of warfare where the current restatement of customary international law on this issue – the 1994 San Remo Manual – leaves something to be desired. The article considers the history of the concept and its current regulation like the requirements for establishing a naval blockade and addresses also issues in relation to its enforcement,9,0,195,195,Blockade; Political science,,,,,https://core.ac.uk/download/pdf/228447041.pdf,http://dx.doi.org/10.23865/arctic.v9.1123,,10.23865/arctic.v9.1123,,,0,,1,true,cc-by,gold
060-981-242-284-614,Has Indonesia’s Unique Progressivism in Mandating Corporate Social Responsibility Achieved Its Ends?,2018-07-31,2018,journal article,Sriwijaya Law Review,25416464; 25415298,Universitas Sriwijaya,,Soonpeel Edgar Chang,"It has been a decade since Indonesia implemented its first mandatory CSR requirement. The time is ripe for the discussion: can Indonesia confidently say that it has saved Indonesia by making companies publicly answer for many social issues? Can it successfully bring social and economic justice by continuously enforcing this radical progressivism or utilitarianism? To begin to address these questions, this paper first examines Indonesia's unique features that strengthen CSR as a legal obligation and analyzes the current regulatory frame of CSR. Then, it discusses whether these laws and regulations have actually worked as a practical tool to encourage and enforce companies to perform CSR activities. This research concludes that company law can save Indonesia despite its failure so far due to a number of problems in and out of positive law. It suggests how it can specifically structure the CSR regulations and seeks attention to the more structural reform from the longer-term goal of developing a national mechanism.",2,2,131,151,Corporate social responsibility; Business; Positive law; Law and economics; Corporate law; Progressivism; Obligation; Mechanism (sociology); Utilitarianism; Social issues,,,,,http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/download/131/83 http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/131 https://core.ac.uk/download/pdf/230523638.pdf,http://dx.doi.org/10.28946/slrev.vol2.iss2.131.pp131-151,,10.28946/slrev.vol2.iss2.131.pp131-151,2805627995,,0,000-742-487-988-420; 013-992-674-688-769; 017-931-008-393-068; 019-961-725-242-377; 046-956-547-175-45X; 056-556-704-729-912; 062-006-642-710-079; 083-285-883-443-967; 102-930-779-377-206; 135-095-912-631-48X; 135-588-789-226-782,2,true,cc-by,gold
061-117-090-612-002,E-commerce and effective VAT/GST enforcement: Can online platforms play a valuable role?,,2020,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Luisa Scarcella,,36,,105371,,Business; Taxable income; Revenue; Order (business); Enforcement; Level playing field; Context (language use); Risk management; Industrial organization; E-commerce,,,,,https://www.scilit.net/article/4a265e4cb909b702c6e205db0adaa42b https://doi.org/10.1016/j.clsr.2019.105371 https://dblp.uni-trier.de/db/journals/clsr/clsr36.html#Scarcella20 https://www.sciencedirect.com/science/article/pii/S0267364919303826,http://dx.doi.org/10.1016/j.clsr.2019.105371,,10.1016/j.clsr.2019.105371,2984460710,,0,,6,false,,
061-203-176-471-977,Analysis of the Western Balkans Territories Using the Index of Economic Freedom,2020-12-01,2020,journal article,Studia Commercialia Bratislavensia,13393081,Ekonomicka univerzita v Bratislave,,Elena Kašťáková; Andrea Chlebcová,"The aim of the paper is to assess the current state of economic freedom in the Western Balkans region using the Index of Economic Freedom. From the Western Balkans territories, the best rating in the observed period of 2010 – 2019 is achieved by the Republic of North Macedonia and the worst by Bosnia and Herzegovina. According to the 2020 Index of Economic Freedom, the region belongs to the group of moderately free economies. The investment and business environment of the Western Balkans is at a low level. The reason is poor law enforcement, corruption, organized crime, or the shadow economy.",13,46,320,329,Shadow (psychology); Economy; Political science; Index of Economic Freedom; Corruption; Organised crime; Economic freedom; State (polity); Investment (macroeconomics); Enforcement,,,,,https://sciendo.com/pdf/10.2478/stcb-2020-0013 https://sciendo.com/article/10.2478/stcb-2020-0013 https://ideas.repec.org/a/vrs/stcomb/v13y2020i46p320-329n2.html,http://dx.doi.org/10.2478/stcb-2020-0013,,10.2478/stcb-2020-0013,3185988672,,0,111-965-177-212-216,0,true,cc-by-nc-nd,gold
061-432-236-269-551,Deconstructing EU Federalism through Competences,,2012,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Loïc Azoulai; Lena Boucon; Annegret Engel; Anna Kocharov; Dennis-Jonathan Mann; François-Xavier Millet; Jacob Öberg,"Proceedings from EUI LAW Workshop ""Deconstructing EU Federalism…"" which took place in Florence on 14 June 2011.",,,,,Separation of powers; Cooperative federalism; Political science; Law and economics; European integration; Law; European union; Dual federalism; Federalism,,,,,https://core.ac.uk/display/45680691 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2068538_code97794.pdf?abstractid=2068538&mirid=4 https://ssrn.com/abstract=2068538 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2068538 https://cadmus.eui.eu/bitstream/handle/1814/21298/LAW_2012_06_Rev2.pdf?sequence=3 https://core.ac.uk/download/pdf/45680691.pdf,http://dx.doi.org/10.2139/ssrn.2068538,,10.2139/ssrn.2068538,2106282026,,0,000-239-961-644-687; 001-687-697-530-618; 003-629-575-195-820; 004-656-907-717-737; 007-176-681-276-014; 008-280-508-188-690; 010-253-696-294-834; 010-649-345-739-310; 012-564-572-164-414; 013-936-585-319-682; 013-981-981-430-57X; 015-602-394-139-032; 016-018-902-575-265; 018-054-833-768-848; 019-896-286-765-732; 020-917-002-698-714; 021-204-780-666-440; 021-555-865-303-926; 022-417-313-157-423; 031-552-774-573-428; 031-951-777-513-63X; 032-100-280-944-443; 033-371-756-853-872; 033-971-025-731-504; 036-890-224-977-093; 037-693-311-428-627; 040-801-696-851-736; 041-571-290-511-788; 053-002-067-404-029; 055-691-215-007-359; 056-646-499-444-334; 057-882-096-579-374; 059-402-195-489-849; 060-839-998-704-044; 064-264-910-089-472; 066-533-302-225-181; 067-187-051-532-378; 069-399-501-722-361; 070-772-393-971-632; 071-205-121-500-533; 071-393-036-036-431; 074-372-044-871-660; 075-171-734-525-920; 083-618-466-438-975; 091-426-228-950-731; 091-493-919-751-15X; 092-413-020-865-996; 093-775-953-186-180; 093-859-554-211-308; 094-858-799-987-982; 095-140-661-365-316; 096-583-243-283-974; 097-317-072-287-616; 097-356-751-835-305; 099-334-696-788-168; 099-688-219-030-328; 100-319-982-776-369; 103-449-477-128-584; 104-370-339-799-966; 107-450-757-845-127; 109-270-638-084-307; 116-236-574-853-57X; 119-198-184-634-43X; 120-229-101-060-907; 124-681-022-962-60X; 129-511-173-448-827; 131-051-098-847-584; 132-061-020-748-901; 132-307-312-440-519; 134-940-814-215-983; 135-192-727-588-760; 136-113-730-529-831; 139-669-719-668-681; 148-333-123-872-857; 148-762-142-777-21X; 150-230-864-191-848; 166-194-677-276-753; 170-750-668-290-501; 177-208-756-281-941; 182-662-480-326-192; 190-700-630-978-60X,3,true,,green
061-588-935-890-153,Antitrust Immunities of Cooperative Associations,,1948,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,John Hanna,"Cooperative associations other than agricultural are subject to the same rules on restraint of trade as other corporations.1 Agricultural cooperatives in their normal marketing and purchasing activities have nothing to fear from state antitrust legislation. Without any exemption in federal antitrust laws, the state and federal legislative approval of farm cooperatives, expressing a widespread public confidence in the utility of cooperative enterprise, would likely have induced the courts to conclude that the slight and incidental restraints on trade by agricultural associations in their normal operations are not unreasonable. To make this certain, agricultural producers' cooperatives are granted a degree of immunity by the Clayton Act, the Capper-Volstead Act, and the Robinson-Patman Act. This immunity is not absolute, but so long as the agricultural associations conduct themselves with some sense of responsibility and refrain from conspiring with non-agricultural interests, the antitrust laws need not be of much concern to those who formulate the policies of the associations. This .conclusion could have been and was reached by most students of agricultural cooperatives during the rapid expansion from 192o to X930, and requires no modification today. Farmers expressed their sense of economic insecurity during the latter part of the nineteenth century, and later, by enthusiastically aiding in the passage of state antitrust laws and the Sherman Act. They tried, sometimes successfully, to have their own organizations exempted from the penal provisions of these statutes. Where they were unsuccessful they often found that their first feeble attempts at cooperative action were held to be illegal, while the enlargement of business units continued with only minor setbacks.2 Where they were successful the outcome in",13,3,488,504,Agriculture; Economics; Statute; Law and economics; State (polity); Legislation; Purchasing; Restraint of trade; Market economy; Resizing; Legislature,,,,,https://scholarship.law.duke.edu/lcp/vol13/iss3/10/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2366&context=lcp https://www.jstor.org/stable/1189875 https://core.ac.uk/display/62557593 https://core.ac.uk/download/62557593.pdf,http://dx.doi.org/10.2307/1189875,,10.2307/1189875,1542314859,,0,,0,true,,green
061-779-025-871-596,Privacy and data protection in Africa: a state of the art,2012-06-11,2012,journal article,International Data Privacy Law,20443994; 20444001,Oxford University Press (OUP),,Alex B. Makulilo,"A literature review is pivotal to any scientific research; or writing. Quite often a prudent researcher; may not embark on research or writing a; scientific piece of work without first reviewing; the literature. Yet this literature may sometimes; not be readily available, especially in a relatively; new area of scholarship, or its availability may be; challenging.; † In this article I survey the major literature on; privacy and data protection in Africa as an emerging; field of law.; † I argue that currently this literature is underdeveloped.; † I offer a modest proposal that efforts have to be; directed towards training, researches, networking,; the creation of modern libraries, inter-country/; sub- or regional discussions and establishing; journals specifically dedicated to privacy and data; protection law issues.",2,3,163,178,Work (electrical); State (polity); Scholarship; Computer security; Public relations; Computer science; Data Protection Act 1998,,,,,https://core.ac.uk/display/33424199 http://repository.out.ac.tz/323/ http://repository.out.ac.tz/323/1/Privacy_and_Data_Protection_in_Africa-A_state_of_the_art.pdf https://academic.oup.com/idpl/article/2/3/163/660554 https://core.ac.uk/download/33424199.pdf,http://dx.doi.org/10.1093/idpl/ips014,,10.1093/idpl/ips014,2091712071,,0,,26,true,,green
061-794-323-587-281,Domicile Preferences in Employment: The Case of Alaska Hire,1978-10-01,1978,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Carl J. Schuman,,27,4,1069,1094,Business; Labour economics,,,,,https://scholarship.law.duke.edu/dlj/vol27/iss4/5/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2677&context=dlj https://core.ac.uk/display/62550539 https://core.ac.uk/download/62550539.pdf,https://scholarship.law.duke.edu/dlj/vol27/iss4/5/,,,1608915035,,0,,0,true,,
061-925-771-984-35X,Environmental Health Regulation in the Trump Era: How President Trump's Two-for-One Regulatory Plan Impacts Environmental Regulation,,2018,journal article,University of Michigan Journal of Law Reform,26884933; 0363602x,University of Michigan Law Library,,Elizabeth Geltman,"<jats:p>This Article explores the Trump regulatory reform agenda and its potential impact on environmental determinants of health. The Article begins with a discussion of the Department of Commerce’s (DOC or Commerce) initial fact-finding investigation to evaluate the impact of federal regulations on domestic manufacturing. The Article next presents an overview of the Trump administration’s regulatory reform formula as announced in E.O. 13771 and the interim guidance explaining E.O. 13771 and E.O. 13777 (the executive order announcing the Trump administration’s plans to enforce the regulatory reform plan announced in E.O. 13771). The Article then examines the federal agency initiatives undertaken in response to the Trump directives, including both fact-finding dockets and regulatory action published in the federal register applying the executive orders. This Article concludes with concerns about the practical effects of the new policy on the future of environmental determinants of health and recommends that the policy be reevaluated after a year to understand the unintended effects of this means of deregulation.</jats:p>",,51.4,669,,,,,,,,http://dx.doi.org/10.36646/mjlr.51.4.environmental,,10.36646/mjlr.51.4.environmental,,,0,,0,false,,
061-938-655-948-274,LEGAL FRAMEWORK FOR THE ENFORCEMENT OF CYBER LAW AND CYBER ETHICS IN NIGERIA.,2016-07-23,2016,journal article,INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY,22773061,CIRWOLRD,,Nneka Obiamaka Umejiaku; Mercy Ifeyinwa Anyaegbu,"Cyber law deals with codified rules that govern the exchange of communication and information for the protection of intellectual property rights, freedom of speech and public access to information in cyber space. Cyber ethics on the other hand is the application of responsible behavior on the Internet. Currently in Nigeria, the Cyber Crime Act was promulgated in 2015 to tackle online offences. This paper examined the legal framework which regulates public access to information in the cyber space in Nigeria. The paper also highlights lapses inherent in Nigerian legal system. Based on the findings, the paper proffers a number of recommendations. It also observes that due to rapid development in technology, law and ethics should be combined to protect the society from the menace of cybercrime.",15,10,7130,7139,The Internet; Business; Law; Cybercrime; Enforcement; Cyber Space; Public access; Cyber crime; Intellectual property; Computer security,,,,,http://cirworld.org/index.php/ijct/article/view/5278 http://www.cirworld.com/index.php/ijct/article/download/5278/pdf https://core.ac.uk/download/322473244.pdf,http://dx.doi.org/10.24297/ijct.v15i10.12,,10.24297/ijct.v15i10.12,2487474608,,0,,2,true,cc-by,hybrid
062-068-329-463-853,Congressional Participation in the Treaty Process,,1989,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Louis Fisher,,137,5,1511,,Political science; Treaty; Public administration; Process (engineering),,,,,https://core.ac.uk/display/151686206 https://scholarship.law.upenn.edu/penn_law_review/vol137/iss5/6/ https://core.ac.uk/download/151686206.pdf,http://dx.doi.org/10.2307/3312234,,10.2307/3312234,827089872,,0,,3,true,,green
062-186-796-945-963,E-commerce patents and shifting balances in patent law,,2000,journal article,IEEE Communications Magazine,01636804,Institute of Electrical and Electronics Engineers (IEEE),United States,S.C. Durant; T.C. Chuang,"The rules with respect to the patentability of software and business method inventions have loosened over the last decade to allow a broader range of patentability. Many patents issuing today are in the e-commerce area, and there is often a close relationship between what is being patented and generation of wealth. Critics of the surge of e-commerce patents argue these patents may stifle development of e-commerce. The level of concern of critics may be unwarranted since the broader range of patentability that has occurred has been balanced somewhat against a narrower scope of protection occurring during the same time period as a result of more restrictive claim interpretation during enforcement of patents. This more restrictive claim interpretation has created an onus on patent owners to effectively draft and prosecute patents to obtain protection commensurate with the scope of the inventions.",38,7,106,110,Law and economics; Legislation; Enforcement; Patentability; Scope (project management); Patent law; Computer science; Interpretation (philosophy); E-commerce; Business process,,,,,https://dblp.uni-trier.de/db/journals/cm/cm38.html#DurantC00 https://ieeexplore.ieee.org/document/852040/ http://ieeexplore.ieee.org/document/852040/,http://dx.doi.org/10.1109/35.852040,,10.1109/35.852040,2023579222,,0,,7,false,,
062-253-481-605-566,The Public/Private Distinction in Labor Law,,1982,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Karl E. Klare,,130,6,1358,,Labour law; Labour economics; Political science; Public law; Private law; Labor relations; Commercial law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol130/iss6/5/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=4676&context=penn_law_review https://core.ac.uk/download/151687609.pdf,http://dx.doi.org/10.2307/3311975,,10.2307/3311975,1052458368,,0,,61,true,cc0,green
062-546-160-276-30X,Contract formation: a comparative perspective on the Model Law of Electronic Commerce,2002-11-01,2002,journal article,Comparative and International Law Journal of Southern Africa,00104051,,,Tana Pistorius,"The Internet is decentralised and self-regulatory. The use of modern means of communication, such as electronic mail, for the conduct of international trade transactions has been increasing rapidly and this trend is expected to continue in future. The exponential increase in international e-trade increases the need for legal recognition that the use of and reliance on electronic messages are valid and enforceable. This article examines firstly the background to the Model Law (ML) with reference to its objectives, scope, structure and approach. Reference is made to the basic provisions which seek to give legal recognition to on-line contracting. Core definitions from Chapter I of the ML and the articles of Chapter III that deal with the legal recognition of the formation and validity of contracts concluded electronically, and the time and place of dispatch and receipt of data messages are discussed. Thereafter, the extent to which these 'provisions have become the international norm is reviewed. The recent legislative reforms in the United States, Australia and Canada to accommodate developments in electronic contracting are discussed. Lastly, the approach followed in the South African Electronic Communications and Transactions Bill is considered.",35,2,129,156,The Internet; Norm (social); Business; Law; Receipt; Data messages; Electronic contracting; Comparative perspective; Electronic mail; Legislature,,,,,https://journals.co.za/content/cilsa/35/2/AJA00104051_178 http://www.africabib.org/rec.php?RID=241156998&DB=p,http://www.africabib.org/rec.php?RID=241156998&DB=p,,,196227682,,0,,0,false,,
062-822-365-620-010,Inter-agency evidence sharing in competition law enforcement:,2015-01-06,2015,journal article,The International Journal of Evidence & Proof,13657127; 17405572,SAGE Publications,,Marek Martyniszyn,"While transnational antitrust enforcement is becoming only more common, the access to foreign-based evidence remains a considerable practical challenge. This article appraises considerations and concerns surrounding confidentiality, and looks into ways of their possible accommodation. It further identifies and critically evaluates the existing mechanisms allowing for inter-agency confidential information/evidence sharing in competition law enforcement. The article outlines the shortcomings of the current framework and points to novel unilateral approaches. In the latter regard the focus is devoted to Australia, where the competition agency is empowered to share confidential information with foreign counterparts, also without any underlying bilateral agreement and on a non-reciprocal basis. This solution shows that a pragmatic and workable approach to inter-agency evidence sharing can be achieved.",19,1,11,28,Agency (sociology); Business; Accommodation; Law and economics; Competition law; Enforcement; Extraterritoriality; Competition (economics); Inter agency; Confidentiality,,,,,http://journals.sagepub.com/doi/abs/10.1177/1365712714561190 https://journals.sagepub.com/doi/full/10.1177/1365712714561190 https://pure.qub.ac.uk/portal/files/13701389/martyniszyn_SSRN.pdf https://pure.qub.ac.uk/portal/en/publications/interagency-evidence-sharing-in-competition-law-enforcement(9090e4c4-efef-4312-aacb-eab353e72a04).html https://pureadmin.qub.ac.uk/ws/files/13701389/martyniszyn_SSRN.pdf https://core.ac.uk/download/20329874.pdf,http://dx.doi.org/10.1177/1365712714561190,,10.1177/1365712714561190,3125065097,,0,,3,true,,green
062-954-579-999-091,Enforcement of Government Antitrust Decrees by Private Parties: Third Party Beneficiary Rights and Intervenor Status,,1975,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Charles A. Sullivan,,123,4,822,,Economic policy; Business; Government; Third-party beneficiary; Enforcement; Public administration,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol123/iss4/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6061&context=penn_law_review https://core.ac.uk/download/151688672.pdf,http://dx.doi.org/10.2307/3311552,,10.2307/3311552,836358455,,0,,0,true,,green
064-287-592-914-933,The only gay in the village: Sexuality and the net,,2006,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Chris Ashford,"Just as the creation of the information society has allowed for the expansion in e-commerce and online communication, so too has it allowed for the expansion of online sites and communities that support minority sexual practices and activities. One such activity is the cottaging phenomenon, which involves men seeking sexual satisfaction in public lavatories with other men. Like many other groups, participants in this online community have embraced the emerging technology, utilising message boards and online discussion to offer advice, spread awareness of locations, arrange sexual meetings in the physical world and share cautions and warnings. Such sites can be and are additionally used for law enforcement purposes both as a surveillance tool and as a means of preventing the criminal practice of cottaging taking place. This article will seek to consider these technological and sociological developments alongside the emerging law in this area together with an exploration of how these technological developments have changed the operation of this phenomenon in the physical world.",15,3,275,289,The Internet; Sociology; Law; Emerging technologies; Online community; Information society; Law enforcement; Online discussion; Public relations; Phenomenon; Human sexuality,,,,,https://researchportal.northumbria.ac.uk/en/publications/the-only-gay-in-the-village(e1b28e9e-8459-4998-b972-9aeb931bf436).html https://sure.sunderland.ac.uk/1077/ https://core.ac.uk/display/4170603 https://researchportal.northumbria.ac.uk/en/publications/the-only-gay-in-the-village-sexuality-and-the-net https://www.tandfonline.com/doi/full/10.1080/13600830600961202,http://dx.doi.org/10.1080/13600830600961202,,10.1080/13600830600961202,1985707854,,0,006-321-608-539-721; 013-207-269-528-52X; 013-556-818-571-201; 017-788-360-063-704; 022-112-056-356-642; 034-710-711-526-448; 040-995-896-353-182; 043-090-840-243-446; 043-361-230-972-125; 044-752-062-704-547; 054-671-804-715-439; 102-994-862-712-805; 119-960-625-086-283; 144-574-876-908-625; 176-008-837-819-595; 180-295-948-090-812,23,false,,
064-356-788-707-916,Przedsiębiorca w realiach XXI w. Wybrane zagadnienia i postulaty,2018-09-17,2018,journal article,Studenckie Zeszyty Naukowe,15068285,Uniwersytetu Marii Curie-Sklodowskiej w Lublinie,,Kamil Dobosz,"The article concerns the progressing changes affecting the freedom of entrepreneurs in conducting business. After distinguishing a dozen or so areas of law that may be particularly relevant in this context, more detailed observations have been made regarding several selected areas. The considerations were focused around competition law, company law and criminal law. The last element of the work are postulates to indicate potential solutions for possible development scenarios.",21,36,139,152,Work (electrical); Political science; Dozen; Law and economics; Element (criminal law); Criminal law; Corporate law; Competition law; Context (language use),,,,,https://www.ceeol.com/content-files/document-735422.pdf https://www.ceeol.com/search/article-detail?id=721047 https://www.journals.umcs.pl/szn/article/view/6753/5164 http://cejsh.icm.edu.pl/cejsh/element/bwmeta1.element.ojs-doi-10_17951_szn_2018_21_36_139/c/6753-5164.pdf http://cejsh.icm.edu.pl/cejsh/element/bwmeta1.element.ojs-doi-10_17951_szn_2018_21_36_139 https://www.journals.umcs.pl/szn/article/download/6753/5164 https://paperity.org/p/246458281/przedsiebiorca-w-realiach-xxi-w-wybrane-zagadnienia-i-postulaty https://core.ac.uk/download/pdf/235270671.pdf,http://dx.doi.org/10.17951/szn.2018.21.36.139,,10.17951/szn.2018.21.36.139,2892265462,,0,080-968-205-683-199; 097-119-373-679-595; 119-057-620-565-321; 131-737-573-519-536; 155-959-821-550-052,0,true,cc-by,gold
064-866-402-833-937,The Failure of the Religious Freedom Restoration Act Under Section 5 of the Fourteenth Amendment,,1996,journal article,Duke Law Journal,00127086,JSTOR,United States,Van Alstyne; W William,This article argues that the Religious Freedom Restoration Act (RFRA) is unconstitutional because it exceeds the limits of Congress's authorized powers. The RFRA requires interpreting Sections 5 of the Fourteenth Amendment as giving Congress the power to review and override the Supreme Court's decisions on any matter related to the states.,46,2,291,326,Political science; Law; Freedom of religion; Power (social and political); Supreme court; Section (typography); Religious freedom; Due process,,,,,http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1737&context=facpubs https://scholarship.law.duke.edu/faculty_scholarship/547/ https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1737&context=facpubs https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1491&context=faculty_scholarship https://core.ac.uk/download/62549185.pdf,http://dx.doi.org/10.2307/1372958,,10.2307/1372958,3124396929,,0,,0,true,,green
064-903-157-878-831,"Book reviewEnvironmental law : David Hughes Butterworth, London, 1986, 390 pp, £14.95 paperback",,1986,journal article,Resources Policy,03014207,Elsevier BV,United Kingdom,David Green,,12,3,286,,Philosophy; Theology,,,,,https://www.sciencedirect.com/science/article/pii/0301420786900395 https://core.ac.uk/download/151514064.pdf,http://dx.doi.org/10.1016/0301-4207(86)90039-5,,10.1016/0301-4207(86)90039-5,65134213,,0,,0,true,,
064-903-745-127-903,An Assessment of the Consumer Review Freedom Act of 2015,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Eric Goldman,"In response to the growing importance of online consumer reviews, businesses have sought to regain control over their professional reputation -- in some cases by contractually restricting their customers from writing reviews about them. The Consumer Review Freedom Act of 2015 would ban businesses from pursuing such anti-consumer terms. This essay assesses the Consumer Review Freedom Act, including whether or not we need the law as well as some strengths and weaknesses of the statutory drafting.",,,,,Statutory law; Political science; Control (management); Public relations; Reputation; Strengths and weaknesses,,,,,https://core.ac.uk/display/149271069 https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1903&context=facpubs https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2686021 https://digitalcommons.law.scu.edu/facpubs/901/ https://core.ac.uk/download/149271069.pdf,http://dx.doi.org/10.2139/ssrn.2686021,,10.2139/ssrn.2686021,2182225899,,0,040-442-979-048-781; 096-834-541-480-080,1,true,,green
064-997-860-151-239,ETHIC CYBER STRENGTHENING ASCRIMINAL LAW POLICY FORMULATIONS IN RESPONSE CYBERPORN,2017-11-30,2017,journal article,UNTAG Law Review,25494910; 25795279,Fakultas Hukum UNTAG Semarang,,Hervina Puspitosari; Ashinta Sekar Bidari,"Cyber Porn is an act of using cyberspace to create, display, distribute, publish pornography and obscene material. Cyberspace with technology that carries pornography, so that pornography provides more feature-rich form of pornography, pornografipun experienced media translation and making pornography created with multi features. The lack of regulations on the provision of criminal sanctions for internet access service providers (ISP /Internet Service Provider)are not filtering out pornographic content so that they can be accessed internet users. Cyber ethics required for casting activity that is passed by internet users. Ideal criminal Legal policy of studies necessary legal substance of law reforms in the fight against cyberporn.",1,2,30,37,Service provider; Business; Law; Ideal (ethics); Sanctions; Cyberspace; Pornography; Internet service provider; Publication; Internet access,,,,,http://jurnal.untagsmg.ac.id/index.php/ulrev/article/view/594 http://jurnal.untagsmg.ac.id/index.php/ulrev/article/download/594/569 https://core.ac.uk/download/249338647.pdf,http://dx.doi.org/10.36356/ulrev.v1i2.594,,10.36356/ulrev.v1i2.594,2796408009,,0,,1,true,cc-by-nc,hybrid
065-009-484-874-803,"Barriers to e-commerce policy in logistics: an exploratory study of the Pearl River Delta, China",2009-05-15,2009,journal article,International Journal of Logistics Research and Applications,13675567; 1469848x,Informa UK Limited,United Kingdom,Jimmy J.M. Ng,"With the help of the information and communication technology and the continual ingress of foreign direct investment, the use of the internet in the Pearl River Delta (PRD) has developed rapidly. While physical infrastructure is a key factor for successful world trade, government policy relating to e-commerce is also a critical element to success. This study, based on the feedback of questionnaires and interviews with practitioners in the logistics industry in the PRD, has collected empirical evidence and confirmed causes of the barriers related to e-commerce policy in logistics operations in the PRD. These included availability and interpretation of rules and regulations, interface between the Chinese law and international law, execution of law and policy, and electronic payments in e-commerce in the PRD. The impact of the observed barriers to e-commerce policy may result in reduced competitiveness for the logistics operations of multinational enterprises in China.",12,3,195,212,Public policy; Business; Multinational corporation; Chinese law; Marketing; Empirical evidence; China; Foreign direct investment; Industrial organization; International law; E-commerce,,,,,https://ira.lib.polyu.edu.hk/handle/10397/2499 https://core.ac.uk/display/61013378 https://www.tandfonline.com/doi/full/10.1080/13675560802200113 http://ira.lib.polyu.edu.hk/bitstream/10397/2499/1/2009%20IJoL%20Barrier%20to%20e-commerce%20final%20submit%200803211.pdf https://core.ac.uk/download/61013378.pdf,http://dx.doi.org/10.1080/13675560802200113,,10.1080/13675560802200113,2065241951,,0,004-166-495-846-839; 008-847-220-498-07X; 011-111-671-040-398; 014-910-762-455-804; 016-736-352-911-469; 018-220-466-396-00X; 021-125-370-155-028; 024-678-671-452-201; 024-944-505-425-215; 027-702-451-674-132; 028-052-092-287-230; 028-459-921-654-160; 032-972-861-675-34X; 033-105-292-231-159; 034-576-532-533-250; 035-906-232-489-855; 039-830-247-112-169; 046-420-421-501-250; 048-438-454-844-370; 052-935-232-249-05X; 066-016-453-477-970; 066-250-617-005-95X; 066-574-344-271-523; 068-191-497-317-216; 071-482-716-133-301; 075-098-038-191-80X; 081-621-950-236-755; 106-459-828-266-072; 119-241-404-308-961; 126-758-008-588-127; 131-052-300-987-754; 135-580-710-010-334; 173-701-345-908-248; 176-587-916-625-86X; 185-872-099-275-570; 194-632-246-717-310,10,true,,
065-161-814-202-986,Contracting With Tortfeasors: Mandatory Arbitration Clauses and Personal Injury Claims,,2004,journal article,Law and contemporary problems,00239186,,,Elizabeth G. Thornburg,"I INTRODUCTION Once upon a time, the Federal Arbitration Act (FAA) (1) was a procedural statute for the federal courts, designed for commercial arbitration between business entities. (2) Then, about twenty years ago, the Supreme Court began to transform the FAA into a substantive provision as powerful as any fairy tale monster. (3) As long as a contract comes within the reach of the Commerce Clause, the FAA creates a preference for arbitration over litigation no matter what the cause of action. (4) States may not carve out areas in which arbitration is thought to be inappropriate or in need of special regulation; any state law that is specifically directed at arbitration, as opposed to contracts generally, is preempted by the FAA. (5) The Court tends to look at arbitration as if it were merely a change of venue, comparable to moving a dispute from Virginia to Maryland. (6) Even if the arbitration clause is contained in an adhesion contract, it must be enforced unless it can be invalidated under general principles of state contract law. (7) With the support of this legal framework, banks, insurance companies, phone companies, Internet service providers, e-commerce merchants, and sellers of consumer goods and services routinely include mandatory arbitration clauses in their standard-form contracts. (8) Less well known is the tort law chapter of this story: Mandatory arbitration clauses have come to be used to compel arbitration of personal injury claims arising between contracting parties. (9) Such clauses have long been used in the context of personal injury claims arising from medical malpractice, (10) claims in which the underlying relationship between the contracting parties is based primarily on tort duties. More recently, mandatory arbitration clauses encompassing personal injury claims have begun to appear in situations in which the parties' primary relationship is governed by contract rather than tort law. The dispute to be arbitrated is therefore further from the core of the anticipated relationship between the parties. Arbitration clauses appear in contracts for employment, for the sale of goods, and for the provision of services. In each case, the parties' duties to each other are generally privately undertaken and made enforceable by the common law of contracts. (11) These relationships, however, can also result in ancillary tort duties, and breaches of those duties might result in personal injuries. In this way, an arbitration clause that might have been understood as governing relatively minor contract claims comes to be applied to more serious personal injury claims. Today, many kinds of contractual relationships lead to interactions between the parties that can result in personal injuries. These relationships include those between doctors and patients, HMOs and members, landlords and tenants, employers and employees, car manufacturers and motorists, utilities and homeowners, schools and students, summer camps and campers, stores and shoppers, lawyers and clients, airlines and passengers, travel companies and travelers, and so on. (12) If intermediaries such as liability insurance companies or credit card issuers are allowed to impose arbitration on behalf of third parties, the list could grow even longer. (13) In these and other contexts, the drafting party often requires an arbitration clause and argues that the clause applies to personal injury claims as well as to contractual ones. (14) Further, these relationships and their governing contracts will often be ones in which traditional safeguards of contractual fairness are missing. (15) A danger therefore arises that arbitration will be enforced in situations in which true consent is absent. This same danger exists outside the context of personal injury claims, but within this context it threatens the retributive, economic, and communitarian goals of tort law and exposes the tensions between the underlying norms of tort law and contract law. …",67,1,253,278,Liability insurance; Business; Arbitration; Common law; Law and economics; Tort; Arbitration clause; Class action; Federal Arbitration Act; Commerce Clause,,,,,https://www.questia.com/library/journal/1G1-123081095/contracting-with-tortfeasors-mandatory-arbitration https://scholar.smu.edu/law_faculty/139/ https://scholarship.law.duke.edu/lcp/vol67/iss1/10/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1323&context=lcp https://www.jstor.org/stable/27592041 https://scholar.smu.edu/cgi/viewcontent.cgi?article=1142&context=law_faculty,https://www.questia.com/library/journal/1G1-123081095/contracting-with-tortfeasors-mandatory-arbitration,,,3124693647,,0,,0,false,,
065-407-626-120-665,Labor v. The Sherman Act,,1941,journal article,The University of Chicago Law Review,00419494,JSTOR,United States,David F. Cavers,,8,2,246,,Political science; Public administration,,,,,https://scholarship.law.duke.edu/faculty_scholarship/2784/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5465&context=faculty_scholarship https://core.ac.uk/display/62564957 https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1847&context=uclrev https://chicagounbound.uchicago.edu/uclrev/vol8/iss2/5/ https://core.ac.uk/download/62564957.pdf,http://dx.doi.org/10.2307/1597045,,10.2307/1597045,386820893,,0,,0,true,,
065-674-136-426-465,Retracing the Roots and Ideals of Confucian Principles of Governance: the Art of Regulating Governance without Legal Rules in Chinese Societies,,2011,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Angus Young,"Confucius was and still is one of the most eminent Chinese philosophers. Such is the importance of Confucius’s teachings; it had influenced all aspects of social life in Chinese societies. In the post-Enron, post-Worldcom, and post-Global Financial Crisis era there are raising doubts in the mantra of the so-called conventional wisdom about law and economic order. Whilst many recent publications offered solutions to those problems like advocating for more laws, rules or reforms in regulatory institutions to enhance the regulation of corporate governance. What Confucius advocated was a non-legal, social mode of regulation based on moral ideals that should be embedded into the minds of every person. Whilst this is an ancient concept from primitive societies, its relevance and merits could be seen in modern Chinese societies like Hong Kong. In essence, Confucian principles of governance build on relational and paternalistic order based on moral ideals.",,,,,Relevance (law); Political science; Order (exchange); Paternalism; Mantra; Conventional wisdom; Financial crisis; Raising (linguistics); Public administration; Corporate governance; Environmental ethics,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1740037 https://eprints.qut.edu.au/40091/ https://core.ac.uk/display/146932661 https://core.ac.uk/download/10902600.pdf,http://dx.doi.org/10.2139/ssrn.1740037,,10.2139/ssrn.1740037,1943652315,,0,165-047-976-590-228,1,true,,green
065-729-689-892-955,Some Thoughts on Teaching Ordinary Contract,,1976,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Stanley D. Henderson,,124,6,1466,,Actuarial science; Political science; Management,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5011&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol124/iss6/6/ https://core.ac.uk/download/151687859.pdf,http://dx.doi.org/10.2307/3311483,,10.2307/3311483,810978430,,0,,1,true,,green
065-779-955-857-251,Parties’ legal capacity in electronic commerce transactions,2012-12-11,2012,journal article,European Journal of Law and Economics,09291261; 15729990,Springer Science and Business Media LLC,Netherlands,Parviz Bagheri; Kamal Halili Hassan; Mehdi Shabannia Mansour,"The aim of this article is to scrutinise the uncertainty of the Iranian Electronic Commerce Law (IRI ECL 2004) provisions especially on the issue of capacity of parties. Issues of parties’ legal capacity have been resolved in traditional contracts but they are still debatable in electronic commerce transactions. Under UK law, contracts formed by minors for things other than necessities are unenforceable against the minor but enforceable against the merchant (seller) while according to US uniform commercial code in online contracts capacity is not recognized as a legal excuse to nullify a contract. At the mean time, contracts made by incapacitate person is considered null under Iranian law. In spite of technical developments such as digital signatures and smart cards used in verifying the identity and capacity of parties in electronic commerce transactions, the legal certainty on capacity of parties is still questionable. The article also examines the application of traditional contract general rules on parties’ legal capacity in Iran to electronic commerce with reference to EU law. The EU law which is already at an advance stage serves a guide for future development of e-commerce law in Iran.",44,3,503,515,Smart card; Economics; Public finance; Law; Uniform Commercial Code; Excuse; Unenforceable; Legal certainty; E-commerce; Commercial law,,,,,https://link.springer.com/article/10.1007/s10657-012-9372-x/fulltext.html https://dialnet.unirioja.es/servlet/articulo?codigo=6512037 https://link.springer.com/article/10.1007/s10657-012-9372-x https://ideas.repec.org/a/kap/ejlwec/v44y2017i3d10.1007_s10657-012-9372-x.html,http://dx.doi.org/10.1007/s10657-012-9372-x,,10.1007/s10657-012-9372-x,2089977928,,0,013-665-706-145-50X; 023-756-032-733-001; 036-585-169-556-622; 063-908-488-113-223; 066-071-558-690-526; 079-302-112-029-095; 091-925-620-817-851; 100-686-785-415-446; 104-009-047-024-977; 113-008-788-869-75X; 123-603-359-681-248; 125-192-274-737-782; 132-563-211-187-625; 135-104-435-464-632; 137-546-684-521-475; 141-779-193-218-369; 170-945-994-115-426; 183-885-313-161-954; 196-099-627-511-340,1,false,,
065-974-502-568-442,From FinTech to TechFin: The Regulatory Challenges of Data-Driven Finance,,2017,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Dirk Andreas Zetzsche; Ross P. Buckley; Douglas W. Arner; Janos Nathan Barberis,"Financial technology (‘FinTech’) is transforming finance and challenging its regulation at an unprecedented rate. Two major trends stand out in the current period of FinTech development. The first is the speed of change driven by the commoditization of technology, Big Data analytics, machine learning and artificial intelligence. The second is the increasing number and variety of new entrants into the financial sector, including pre-existing technology and e-commerce companies. This paper considers the impact of these new entrants with their typically large pre-existing non-financial services customer bases. These firms (loosely termed ‘TechFins’) may be characterised by their capacity to leverage the data gathered in their primary business into financial services. In other words, TechFins represent an Uber moment in finance. This shift from financial intermediary (FinTech) to data intermediary (TechFin) raises implications for incumbent financial services firms, FinTech startups and regulators. This seachange calls for analysis to underpin regulatory approaches with a view to balancing the competing interests of innovation, development, financial stability and consumer protection.",,,,,Finance; Financial services; Economics; Commoditization; Consumer protection; Financial regulation; FinTech; Financial intermediary; Big data; Leverage (finance),,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2979100_code1617212.pdf?abstractid=2959925&mirid=1&type=2 https://www.ssrn.com/abstract=2959925 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2979100_code1617212.pdf?abstractid=2959925&mirid=1 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2979100_code1617212.pdf?abstractid=2959925&type=2 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=2959925 https://core.ac.uk/display/84929817 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959925 https://core.ac.uk/download/84929817.pdf,http://dx.doi.org/10.2139/ssrn.2959925,,10.2139/ssrn.2959925,2613910597,,0,096-596-186-211-300; 185-322-489-589-245,60,true,cc-by-nc-nd,green
066-321-094-800-094,"Defying One-Person, One-Vote: Prisoners and the Usual Residence Principle",,2003,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Rosanna M. Taormina,"Criminal disenfranchisement laws in forty-eight states and the District of Columbia deny the right to vote to all convicted adults in prison.' Thirty-two states also disenfranchise felons on parole; thirty disenfranchise those on probation; and thirteen bar ex-offenders who have fully served their sentences from voting for the remainder of their lives.2 In the 1974 case of Richardson v. Ramirez,3 the Supreme Court addressed the constitutionality of such laws. In that case, the Court held that the constitutional right to Equal Protection of the Laws4 does not require a state to permit felons to vote.5 The Court reasoned that exclusion of felons from the franchise was a historically accepted practice and may be lawful when applied equally to all felons.6 Despite the Supreme Court's definitive holding, critics of felon disenfranchisement laws have not been silenced. Several decades",152,1,431,,Political science; Law; Residence; State (polity); Constitutionality; Supreme court; Constitutional right; Prison; Voting; One man  one vote,,,,,https://www.jstor.org/stable/3313065 https://core.ac.uk/display/151686027 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3169&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol152/iss1/12/ https://core.ac.uk/download/151686027.pdf,http://dx.doi.org/10.2307/3313065,,10.2307/3313065,826537773,,0,,2,true,,green
066-345-791-272-318,Fundamental Rights and the European Regulation of iConsumer Contracts,,2008,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Chantal Mak,"This paper addresses the question of how fundamental rights affect European legislation and adjudication on contracts regarding digital information services (iConsumer contracts). Fundamental rights may be seen as representing political choices for the protection of certain values in society, but at the same time they are enacted rules of the legal system, which may be invoked to enforce the protection of the interests they represent. It is submitted that because of this double-faced nature, they can bring to the fore policy issues in contract legislation and case law. Fundamental rights can thus play a role in determining the policy choices that have to be made in the ongoing review of the acquis communautaire in the field of consumer law. For iConsumer contracts, that means that the rights of consumers, authors and suppliers of copyright protected content affect the choice of rule-solutions on the European legislative level. Furthermore, these rights have an impact on the case law of the European Court of Justice in the field of e-commerce. Fundamental rights help define the various rule-solutions the Court can choose from and thus demarcate the law-making capacity of the judiciary.",,,,,Business; Common law; Law and economics; Adjudication; Legislation; European union; E-commerce; Legislature; Politics; Fundamental rights,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1219863,http://dx.doi.org/10.2139/ssrn.1219863,,10.2139/ssrn.1219863,3121353415,,0,006-960-831-743-988; 019-096-087-063-695; 032-578-660-298-482; 038-091-607-498-809; 051-591-390-423-663; 067-759-910-987-073; 068-928-813-182-59X; 086-876-152-472-127; 126-538-041-391-946; 146-892-185-308-678; 153-218-485-056-088; 160-905-943-369-961; 195-487-321-309-607,0,true,cc-by-nc,green
066-561-441-446-126,Sector Inquiry into Cross-Border E-Commerce: Challenges and Practical Implications for European Union Completion Law,2017-12-15,2017,journal article,Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza,24500976; 20839782,Adam Mickiewicz University Poznan,,Artur Szmigielski,"The aim of this article is to show what the practical implications are regarding the Commission inquiry into e-commerce sector launched on 6 May 2015. Because of their specific and dynamic nature, the application of competition law to online markets may prove challenging. Therefore, the focus will be also directed to challenges that could be faced when anti-competitive practices in e-commerce sector are strictly enforced. The question is whether traditional competition analysis may be sufficiently able to reflect the way in which competition takes place on digital markets.",7,,235,248,Business; Competition law; Competition (economics); European union; Selective distribution; Practical implications; Market economy; Focus (computing); E-commerce,,,,,http://yadda.icm.edu.pl/yadda/element/bwmeta1.element.ojs-doi-10_14746_ppuam_2017_7_14 https://core.ac.uk/download/154745491.pdf,http://dx.doi.org/10.14746/ppuam.2017.7.14,,10.14746/ppuam.2017.7.14,2937960250,,0,,0,true,cc-by-nc-nd,gold
067-277-516-205-73X,Fundamental Rights and the European Regulation of iConsumer Contracts,2008-11-21,2008,journal article,Journal of Consumer Policy,01687034; 15730700,Springer Science and Business Media LLC,Netherlands,Chantal Mak,"This paper addresses the question of how fundamental rights affect European legislation and adjudication on contracts regarding digital information services (iConsumer contracts). Fundamental rights may be seen as representing political choices for the protection of certain values in society, but at the same time, they are enacted rules of the legal system, which may be invoked to enforce the protection of the interests they represent. It is submitted that because of this double-faced nature, they can bring to the fore policy issues in contract legislation and case law. Fundamental rights can thus play a role in evaluating the policy choices that are being made in the review of the acquis communautaire in the field of consumer law. For iConsumer contracts, that means that the rights of consumers, authors, and suppliers of copyright-protected content affect the choice of rule-solutions on the European legislative level. Furthermore, these rights have an impact on the case law of the European Court of Justice in the field of e-commerce. Fundamental rights help define the various rule-solutions the Court can choose from and thus demarcate the law-making capacity of the judiciary.",31,4,425,439,European Union law; Sources of law; Economics; Human rights; Law; Right to property; Reservation of rights; Data Protection Directive; International human rights law; Fundamental rights,,,,,https://link.springer.com/article/10.1007/s10603-008-9084-3 https://pure.uva.nl/ws/files/4262967/71212_296429.pdf https://core.ac.uk/display/81735995 https://link.springer.com/content/pdf/10.1007%2Fs10603-008-9084-3.pdf https://ideas.repec.org/a/kap/jcopol/v31y2008i4p425-439.html https://paperity.org/p/15873001/fundamental-rights-and-the-european-regulation-of-iconsumer-contracts https://econpapers.repec.org/RePEc:kap:jcopol:v:31:y:2008:i:4:p:425-439 https://dare.uva.nl/record/1/296429 https://link.springer.com/article/10.1007/s10603-008-9084-3/fulltext.html,http://dx.doi.org/10.1007/s10603-008-9084-3,,10.1007/s10603-008-9084-3,2064209439,,0,006-960-831-743-988; 007-731-524-137-870; 009-275-822-480-77X; 011-288-327-088-732; 018-875-519-484-810; 022-602-882-484-736; 023-112-709-889-62X; 032-578-660-298-482; 038-091-607-498-809; 039-509-801-287-839; 044-931-925-641-865; 058-477-432-975-972; 067-759-910-987-073; 076-589-493-273-340; 078-011-174-117-852; 115-525-283-267-516; 118-240-512-673-906; 126-538-041-391-946; 133-812-813-002-385; 138-090-254-109-636; 144-028-806-895-402; 146-892-185-308-678; 159-254-140-086-886; 159-874-985-255-060; 187-686-626-325-677,8,true,cc-by-nc,hybrid
067-280-538-993-80X,"""The Lie, The Bigger Lie, and the Biggest Lie”—Unfair And Deceptive Trade Practices of TripAdvisor And Other Online Review Websites",2018-01-11,2018,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Michael Flynn,<jats:p>none</jats:p>,36,1,23,44,,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/134 https://jlc.law.pitt.edu/ojs/jlc/article/download/134/124 https://core.ac.uk/download/pdf/296521659.pdf,http://dx.doi.org/10.5195/jlc.2017.134,,10.5195/jlc.2017.134,2783189689,,0,,0,true,cc-by-nc-nd,gold
067-405-684-810-203,Algorithmic Copyright Enforcement and AI: Issues and Potential Solutions through the Lens of Text and Data Mining,2019-09-30,2019,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Andrea Katalin Tóth,"Although digitalization and the emergence of the Internet has caused a long-term crisis for copyright law, technology itself also seems to offer a seemingly ideal solution to the challenges of digital age: copyright has been a major use case for algorithmic enforcement from the early days of digital rights management technologies to the more advanced content recognition algorithms. These technologies identify and filter possibly infringing content automatically, effectively and often in a preventive fashion. These methods have been criticized for their shortcomings, such as the lack of transparency, bias and the possible impairment of fundamental rights. Self-learning machines and semi-autonomous AI have the potential to offer even more sophisticated and expeditious enforcement by code, however, they could also aggravate the aforementioned issues. As the EU legislator envisions to make the use of such technologies essentially obligatory for certain online content sharing service providers (via the infamous Article 17 of the directive on copyright in the digital single market), the assessment of the situation in light of future technological development has become a current topic. This paper aims to identify the main issues and potential long-term consequences of creating legislation that practically requires the employment of such filtering algorithms as well as their solutions. This paper focuses on the potential role a broad copyright exception for text and data mining could play in counterbalancing the issues associated with algorithmic enforcement.",13,2,361,388,The Internet; Service provider; Data mining; Digital rights; Legislation; Directive; Enforcement; Transparency (behavior); Computer science; Fundamental rights,,,,,https://journals.muni.cz/mujlt/article/view/11611 https://www.ceeol.com/search/article-detail?id=798071 https://journals.muni.cz/mujlt/article/download/11611/10848 https://core.ac.uk/download/230601097.pdf,http://dx.doi.org/10.5817/mujlt2019-2-9,,10.5817/mujlt2019-2-9,2979350963,,0,001-277-156-656-750; 011-726-598-562-982; 012-682-487-525-163; 016-310-163-937-282; 017-863-796-563-897; 019-231-919-130-811; 020-951-930-385-082; 024-769-603-175-023; 034-429-520-759-834; 034-575-995-287-338; 036-494-545-809-029; 041-649-458-908-859; 042-233-771-516-111; 044-445-135-944-980; 046-265-423-077-708; 047-076-256-904-633; 051-828-630-793-296; 057-501-067-891-869; 064-691-645-256-167; 070-417-867-362-091; 074-707-005-001-461; 092-513-917-036-517; 105-211-388-249-993; 122-739-771-674-193; 125-866-426-521-277; 128-196-187-693-117; 129-993-444-483-750; 161-001-587-090-554; 166-555-638-713-317; 172-759-786-876-849; 190-002-137-139-599; 191-787-858-469-554; 194-423-523-243-926,3,true,,gold
067-422-318-429-140,The United Nations Convention on the Use of Electronic Communications in International Contracts : an Overview and Analysis,2006-04-01,2006,journal article,Uniform Law Review - Revue de droit uniforme,11243694; 20509065,Oxford University Press (OUP),,Henry D. Gabriel,,11,2,285,303,International Standard Industrial Classification; Regional science; International trade; Political science; United Nations Convention on the Use of Electronic Communications in International Contracts; Electronic contracts,,,,,https://vuir.vu.edu.au/41662/ https://academic.oup.com/ulr/article/11/2/285/1663358 https://core.ac.uk/download/362165341.pdf,http://dx.doi.org/10.1093/ulr/11.2.285,,10.1093/ulr/11.2.285,2319335701,,0,,7,true,,green
067-453-380-491-369,The Extent of the Treaty-Making Power of the President and Senate of the United States,,1909,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,William E. Mikell,,57,7,435,,Political science; Law; Power (social and political); Treaty,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6823&context=penn_law_review https://core.ac.uk/display/151688908 https://scholarship.law.upenn.edu/penn_law_review/vol57/iss8/2/ https://core.ac.uk/download/151688908.pdf,http://dx.doi.org/10.2307/3313215,,10.2307/3313215,1573547015,,0,,0,true,,green
067-584-487-056-623,Sherman Act Limitations on Noncommercial Concerted Refusals to Deal,,1970,journal article,Duke Law Journal,00127086,JSTOR,United States,C. Coleman Bird,,1970,2,247,,,,,,,https://core.ac.uk/download/62551373.pdf,http://dx.doi.org/10.2307/1371517,,10.2307/1371517,,,0,,0,true,,green
067-883-387-891-568,"Piracy, the Protection of Vital State Interests and the False Foundations of Universal Jurisdiction in International Law",2014-04-03,2014,journal article,Diplomacy & Statecraft,09592296; 1557301x,Informa UK Limited,United Kingdom,Matthew Garrod,"It is widely asserted by courts and in legal scholarship that for hundreds of years universal jurisdiction has applied to the crime of piracy. However, the alleged historical legal foundations of universality need challenge. The central argument of this analysis is that jurisdiction over “piracy” is better understood under the protective principle, which arose out of the necessity of maritime Powers roughly between the seventeenth and eighteenth centuries to protect certain of their vital interests, not least their overseas trade routes and colonial trade and settlements. It follows that there is a need to re-conceptualise jurisdiction over piracy as the protection of vital State interests shared by the international community, a concept misinterpreted as universal jurisdiction.",25,2,195,213,Human settlement; Political science; Law; Universal jurisdiction; State (polity); Jurisdiction; International community; Argument; Colonialism; International law,,,,,http://sro.sussex.ac.uk/id/eprint/57366/ https://researchportal.port.ac.uk/en/publications/piracy-the-protection-of-vital-state-interests-and-the-false-foun https://www.tandfonline.com/doi/abs/10.1080/09592296.2014.907060 https://researchportal.port.ac.uk/portal/files/1513867/GARROD_2014_cright_DS_Piracy_the_protection_of_vital_state_interests.pdf https://core.ac.uk/download/29587436.pdf,http://dx.doi.org/10.1080/09592296.2014.907060,,10.1080/09592296.2014.907060,1981947310,,0,,4,true,cc-by-sa,green
067-917-221-041-523,On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime,,2009,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Robert A. Mikos,"Using the conflict over medical marijuana as a timely case study, this Article explores the overlooked and underappreciated power of states to legalize conduct Congress bans. Though Congress has banned marijuana outright, and though that ban has survived constitutional scrutiny, state laws legalizing medical use of marijuana constitute the de facto governing law in thirteen states. This Article argues that these state laws and (most) related regulations have not been, and, more interestingly, cannot be preempted by Congress, given constraints imposed on Congress's preemption power by the anti-commandeering rule, properly understood. Just as importantly, these state laws matter, in a practical sense; by legalizing medical use of marijuana under state law, states have removed the most significant barriers inhibiting the practice, including not only state legal sanctions, but also the personal, moral, and social disapproval that once discouraged medicinal uses of the drug. As a result, medical use of marijuana has survived and indeed, thrived in the shadow of the federal ban. The war over medical marijuana may be largely over, as commentators suggest, but contrary to conventional wisdom, it is the states, and not the federal government, that have emerged the victors in this struggle. Although the Article focuses on medical marijuana, the framework developed herein could be applied to conflicts pitting permissive state laws against harsh federal bans across a wide range of issues, including certain abortion procedures, possession of various types of firearms, and many other activities.",,,,,Possession (law); Political science; Constitutional law; Law; Criminal law; Scrutiny; Sanctions; Conventional wisdom; Commandeering; Federalism,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1356093 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1356093_code219969.pdf?abstractid=1356093&mirid=1 https://core.ac.uk/display/55913375 https://www.ssrn.com/abstract=1356093 https://core.ac.uk/download/pdf/55913375.pdf,http://dx.doi.org/10.2139/ssrn.1356093,,10.2139/ssrn.1356093,2162108554,,0,011-211-512-049-270; 139-174-618-886-706; 147-374-800-662-502; 147-454-181-506-681,5,true,,green
068-079-919-466-503,The Reluctance of Civil Law Systems in Adopting the UCC Article 9 “Without Breach of Peace” Standard—Evidence from National and International Legal Instruments Governing Secured Transactions,,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Asress Adimi Gikay; Catalin Gabriel Stanescu,"One of the defining features of the Uniform Commercial Code Article 9 is the secured creditor’s ability to take possession of the collateral upon the debtor’s default “without breach of peace.” This standard is meant to protect the debtor from abusive secured creditors, the meaning of which has been shaped by courts on a case-by-case basis. ; In reforming their secured transactions laws to enhance access to credit, continental legal systems have shown great reception to Article 9 by adopting the unitary concept and functional approach to security interests, introducing private enforcement mechanisms, including various forms of self-help repossession. However, the “without breach of peace” standard seems to be rejected by most national laws and international legal instruments acceded to by civil law countries, to accommodate the supposedly alien idea of self-help repossession with civil law tradition. ; Based on comparative analysis of secured transactions laws of the US, the UK, Romania, and Hungary (representing national laws), and the Cape Town Convention on International Interests in Mobile Equipment along with the Aircraft Protocol and the Draft Common Frame of Reference (representing international legal instruments), this article demonstrates that continental European legal systems are generally apprehensive with the “without breach of peace” standard. Thus, they are reluctant to transplant it to their legislation and try to either modify it or replace it with different legal requirements. ; This article concludes that the alternatives of the “without breach of peace” standard prevailing in continental legal systems undermine the privilege of the secured creditor, pose enforcement problems (such as uncertainty of creditors’ rights and possible abuses against consumer-debtors), and restrain out-of-court enforcement.",10,1,99,153,Business; Creditor; Law and economics; Civil law (legal system); Repossession; Uniform Commercial Code; Legislation; Enforcement; Debtor; Security interest,,,,,https://portal.findresearcher.sdu.dk/en/publications/the-reluctance-of-civil-law-systems-in-adopting-the-ucc-article-9 https://digitalcommons.law.lsu.edu/jcls/vol10/iss1/7/ https://digitalcommons.law.lsu.edu/cgi/viewcontent.cgi?article=1199&context=jcls https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3135461 https://bura.brunel.ac.uk/handle/2438/19473 https://bura.brunel.ac.uk/bitstream/2438/19473/1/FullText.pdf https://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=3135461 https://core.ac.uk/download/269315823.pdf,http://dx.doi.org/10.2139/ssrn.3135461,,10.2139/ssrn.3135461,2789674344,,0,,0,true,,green
068-169-629-060-811,PERLINDUNGAN KONSUMEN DALAM KONTRAK TRANSAKSI E-COMMERCE BERDASARKAN HUKUM PERDAGANGAN INTERNASIONAL,2016-09-10,2016,journal article,Jurnal Supremasi,25273353; 20881533,Universitas Islam Balitar,,Rahmadi Indra Tektona,"Dalam perkembangan ekonomi pada saat sekarang ini sudah mulai meninggalkan cara-cara yang konvensional kita mulai menginjak pada transaksi elektronik dan mulai sering digunakan pada saat sekarang ini, kadangkala terjadi pelanggran dalam kontrak perjanjian antar pihak dalam transaksi tersebut, perlindungan hukum terhadap para pihak masihlah kurang, oleh karena itu perlu kiranya ada perlindungan hukum yang jelas.",6,2,2,2,,,,,,https://ejournal.unisbablitar.ac.id/index.php/supremasi/article/download/391/375 http://unisbablitar.ejournal.web.id/index.php/supremasi/article/viewFile/391/375 https://core.ac.uk/download/230839271.pdf,http://dx.doi.org/10.35457/supremasi.v6i2.391,,10.35457/supremasi.v6i2.391,2801188185,,0,,0,true,,bronze
068-182-320-423-983,Negotiating Federalism: State Bargaining and the Dormant Treaty Power,,2000,journal article,Duke Law Journal,00127086,JSTOR,United States,Edward T. Swaine,"The orthodox view that states have no role in U.S. foreign relations is not only inconsistent with their place in the modern global economy, but the constitutional basis for a “dormant” bar on state participation—that is, absent a controlling federal statute or treaty—is obscure. Revisionist scholarship and recent Supreme Court case law suggest that Congress alone should decide when the states must stay out of foreign relations. In this Article, Professor Swaine argues that both the orthodox and revisionist views neglect an alternative basis for a judicial role—the Treaty Clause, enforced through the dormant treaty power. The text, structure, and original understanding of the treaty power establish two important principles of continuing validity. First, the President was to have an independent and substantive authority to negotiate on behalf of the United States, the better to secure advantageous treaties and avoid perilous entanglements. Second, state interference with this negotiating authority, even prior to the conclusive adoption of a federal treaty or statute, was unlawful. † Assistant Professor, Department of Legal Studies, The Wharton School, University of Pennsylvania. I would like to thank Jack Goldsmith, Eric Orts, Richard Shell, Peter Spiro, and Alan Strudler for their generous suggestions and constructive criticism, as well as Elena Bojilova, Charisa Tak, and Scott Wilson for their research assistance. SWAINE TO PRINTER.DOC 09/21/00 12:58 PM 1128 DUKE LAW JOURNAL [Vol. 49:1127 Treaty Clause exclusivity is best maintained by a judicially enforced dormant treaty power barring the states from bargaining with foreign powers, including indirect bargaining through measures that are contingent on foreign government policies—such as the Massachusetts law targeting companies doing business with Burma. However, state activities that incidentally have effects overseas would not be precluded, and the jurisprudence must be informed by the original rationales for federal exclusivity and by the President’s discretion to exempt state activities posing no threat to federal functions.",49,5,1127,1278,Common law; Statute; Political science; Law; State (polity); Supreme court; Treaty; Foreign relations; Federalism; Jurisprudence,,,,,https://scholarship.law.duke.edu/dlj/vol49/iss5/1/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1075&context=dlj https://scholarship.law.gwu.edu/faculty_publications/9/ https://scholarship.law.gwu.edu/cgi/viewcontent.cgi?article=1008&context=faculty_publications https://core.ac.uk/download/62549018.pdf,http://dx.doi.org/10.2307/1373011,,10.2307/1373011,3121387204,,0,,8,true,,green
068-229-584-425-822,Commodity Price Fixing and the Supreme Court,,1940,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Harry Polikoff,,88,8,934,,Economics; Law and economics; Law; Supreme court; Price fixing; Commodity (Marxism),,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9101&context=penn_law_review https://core.ac.uk/display/151690310 https://scholarship.law.upenn.edu/penn_law_review/vol88/iss8/3/ https://core.ac.uk/download/151690310.pdf,http://dx.doi.org/10.2307/3308660,,10.2307/3308660,759305568,,0,,0,true,,green
068-315-423-522-892,The Legal Side of the Strike Question,,1894,journal article,The American Law Register and Review,15583538,JSTOR,,Ardemus Stewart,,42,9,609,,Political science; Law,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5207&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol42/iss9/1/ http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5207&context=penn_law_review https://core.ac.uk/display/151687933 https://core.ac.uk/download/151687933.pdf,http://dx.doi.org/10.2307/3305449,,10.2307/3305449,839008752,,0,,0,true,,green
068-352-619-547-47X,Tax Fraud and Selective Law Enforcement,2020-04-21,2020,journal article,Journal of Law and Society,0263323x; 14676478,Wiley,United Kingdom,Rita de la Feria,"This article presents a new conceptual framework for research into tax fraud and law enforcement. Informed by research approaches from across tax law, public economics, criminology, criminal justice, economics of crime, and regulatory theory, it assesses the effectiveness, and the legitimacy, of current approaches to combating tax fraud, bringing new dimensions to previously identified trends in crime control. It argues that, whilst the last decade has witnessed a significant intensification of measures that purportedly target tax fraud, preference has been consistently given to enforcement measures that maximize revenue gains rather than combat the fraud itself, even where the effect is to aggravate the non‐revenue costs of tax fraud. These developments demonstrate a significant shift from tax fraud suppression to tax fraud management. The article concludes that this shift not only undermines tax equity and overall tax compliance, but also leads to selective tax enforcement, thus representing a significant risk to the rule of law.",47,2,240,270,Criminal justice; Business; Law and economics; Revenue; Crime control; Rule of law; Enforcement; Law enforcement; Equity (economics); Tax law,,,,,https://onlinelibrary.wiley.com/doi/pdf/10.1111/jols.12221 https://onlinelibrary.wiley.com/doi/full/10.1111/jols.12221 https://eprints.whiterose.ac.uk/156440/ https://core.ac.uk/download/287607314.pdf,http://dx.doi.org/10.1111/jols.12221,,10.1111/jols.12221,3014444912,,0,,6,true,cc-by,hybrid
068-446-976-475-870,‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 1: Developing rules for transitioning custom into law,,2010,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Warren B. Chik,"Abstract The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 1, I will describe the socio-economic problems and stresses that electronic transactions place on existing policy and law-making mechanisms; examine the history of custom as a source of law in various contexts and identify potential sources of Internet Law in particular the suitability of customary international law rules as a template for formulating customary Internet law-making rules. In Part 2, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.",26,1,3,22,The Internet; Sources of law; Legal profession; Public law; Law; Customary international law; Computer science; Legal aspects of computing; Private law; Commercial law,,,,,https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1841&context=sol_research https://ink.library.smu.edu.sg/sol_research/842/ https://dblp.uni-trier.de/db/journals/clsr/clsr26.html#Chik10 https://www.sciencedirect.com/science/article/pii/S0267364909001903 http://www.sciencedirect.com/science/article/pii/S0267364909001903 https://works.bepress.com/warren_chik/7/ https://core.ac.uk/download/13249498.pdf,http://dx.doi.org/10.1016/j.clsr.2009.11.005,,10.1016/j.clsr.2009.11.005,2042734572,,0,,5,true,cc-by-nc-nd,green
068-490-204-832-821,PERLINDUNGAN HUKUM PELAKU USAHA E-COMMERCE TERHADAP PELAKU PEMALSUAN AKUN KONSUMEN DALAM  PERSPEKTIF UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK,2022-05-30,2022,journal article,PALAR | PAKUAN LAW REVIEW,26141485; 27160440,Universitas Pakuan,,Agus Wahyu Winarno; Agri Chairunisa Isradjuningtias,"<jats:p>AbstrakMaraknya platform e-commerce diikuti juga dengan banyaknya aksi curang yang dilakukan oleh oknum pengguna/pelanggan e-commerce yaitu pembuatan akun palsu atau akun bodong, hal tersebut dilakukan untuk mendapatkan keuntungan berupa diskon, cashback, promo lainya. Hasil penelitian pelaku fake account di Jakarta pusat sudah banyak dilakukan secara massif dan modus operandi yang sederhana. Kurangnya penegakkan hukum dikarenakan tidak adanya laporan oleh platform yang merupakan korban karena tindak pidana ini sulit teridentifikasi karena terkamuflase dalam promo platform tersebut. Kata Kunci : Kejahatan Cyber, Pemalsuan Akun, PenipuanAbstractThe rise of e-commerce platforms is also followed by many fraudulent actions carried out by unscrupulous e-commerce users/customers, namely the creation of fake accounts or fake accounts, this is done to get benefits in the form of discounts, cashback, other promos. The results of research on fake account actors in Central Jakarta have been carried out massively and with a simple modus operandi. The lack of law enforcement is due to the absence of reports by platforms who are victims because this crime is difficult to identify because it is camouflaged in the platform's promo. Keywords: Cyber Crime, Account Forgery, Fraud</jats:p>",8,1,580,592,Humanities; Political science; Business; Advertising; Art,,,,,,http://dx.doi.org/10.33751/palar.v8i1.5032,,10.33751/palar.v8i1.5032,,,0,,0,true,,hybrid
068-532-078-650-930,On the Evolution of Collective Enforcement Institutions: Communities and Courts,,2014,journal article,The Journal of Legal Studies,00472530; 15375366,University of Chicago Press,United States,Scott E. Masten; Jens Prüfer,"AbstractWe analyze the capacities of communities (or social networks) and courts to secure cooperation among heterogeneous, impersonal transactors. We find that communities and courts are complementary in that they tend to support cooperation for different types of transactions but that the existence of courts weakens the effectiveness of community enforcement. Our findings are consistent with the emergence of the medieval law merchant and its subsequent supersession by state courts as changes in the costs and risks of long-distance trade, driven in part by improvement in shipbuilding methods, altered the characteristics of merchants’ transactions over the course of the Commercial Revolution in Europe. We then contrast the European experience with the evolution of enforcement institutions in Asia over the same period.",43,2,359,400,Political economy; Business; Commercial Revolution; State (polity); Lex mercatoria; Enforcement,,,,,https://www.narcis.nl/publication/RecordID/oai%3Atilburguniversity.edu%3Apublications%2F6fd75074-e69b-4b74-bf7d-015d82108426 https://web.law.columbia.edu/sites/default/files/microsites/contract-economic-organization/files/Masten_paper.pdf https://chicagounbound.uchicago.edu/jls/vol43/iss2/5/ http://webuser.bus.umich.edu/semasten/papers/Masten-Prufer-JLS-2014-Evolution%20of%20Collective%20Enforcement%20Mechanisms.pdf https://deepblue.lib.umich.edu/bitstream/2027.42/89968/6/1169_masten_apr13.pdf https://research.tilburguniversity.edu/en/publications/on-the-evolution-of-collective-enforcement-institutions-communiti-3 https://www.aeaweb.org/aea/2012conference/program/retrieve.php?pdfid=53 https://ideas.repec.org/a/ucp/jlstud/doi10.1086-677837.html https://extranet.sioe.org/uploads/isnie2011/masten_prufer.pdf https://econpapers.repec.org/article/ucpjlstud/doi_3a10.1086_2f677837.htm http://www.journals.uchicago.edu/doi/abs/10.1086/677837 https://deepblue.lib.umich.edu/handle/2027.42/89968 https://pure.uvt.nl/ws/files/1337679/2011-074.pdf https://www.journals.uchicago.edu/doi/10.1086/677837 https://www.jstor.org/stable/10.1086/677837 https://deepblue.lib.umich.edu/bitstream/handle/2027.42/89968/1169_masten_apr13.pdf;sequence=6 https://deepblue.lib.umich.edu/bitstream/2027.42/89968/6/1169_masten_apr13.pdf,http://dx.doi.org/10.1086/677837,,10.1086/677837,3122539983,,0,000-094-315-335-009; 008-415-070-586-314; 009-284-263-942-572; 010-371-026-865-690; 013-114-500-287-878; 013-908-974-407-354; 016-972-307-355-533; 017-456-434-539-947; 022-817-125-232-409; 023-008-881-620-235; 025-343-559-119-355; 026-571-886-922-509; 027-172-905-389-489; 030-289-951-958-715; 031-078-268-364-169; 031-209-572-457-279; 032-348-763-080-773; 033-444-861-117-249; 034-062-983-331-035; 035-934-603-804-956; 036-396-719-893-269; 037-565-068-186-907; 037-671-944-933-01X; 042-742-618-612-110; 042-769-572-908-521; 042-898-346-539-28X; 043-499-687-260-656; 045-672-829-485-850; 048-349-843-733-063; 049-818-680-582-058; 050-029-718-584-715; 056-864-025-004-658; 057-605-270-029-699; 058-166-639-330-524; 059-302-334-747-265; 061-807-982-886-306; 062-873-129-797-922; 064-203-204-281-118; 064-839-228-064-058; 064-954-213-796-372; 065-028-866-350-54X; 065-991-164-157-898; 066-667-442-863-488; 067-885-909-012-284; 073-258-185-033-884; 076-761-671-317-425; 076-918-826-437-361; 078-313-756-431-511; 087-286-363-202-844; 087-974-137-947-708; 090-186-227-927-808; 091-858-766-518-777; 094-337-735-764-444; 096-173-673-631-594; 097-625-303-409-137; 101-985-364-235-435; 103-014-495-792-283; 103-762-078-155-535; 104-494-867-364-661; 110-050-767-208-266; 111-390-839-257-217; 114-423-391-037-968; 114-985-766-313-979; 115-296-754-228-454; 117-766-261-559-761; 117-777-687-515-313; 118-649-207-838-261; 123-886-558-233-715; 125-676-932-195-438; 127-414-513-249-916; 133-134-252-421-554; 135-257-294-399-351; 139-880-673-101-99X; 141-100-433-879-155; 142-349-631-705-199; 142-410-404-873-15X; 149-322-865-021-384; 152-602-727-813-281; 152-950-831-501-908; 153-441-499-511-741; 155-437-041-615-97X; 159-120-745-801-180; 161-147-638-511-024; 161-479-526-134-704; 161-552-346-329-633; 163-741-510-466-230; 169-986-078-313-027; 170-355-197-314-684; 172-156-982-227-27X; 174-230-255-411-420; 181-482-129-818-267; 181-486-105-088-464; 184-534-536-471-556; 184-780-987-327-039; 185-048-746-345-606; 185-878-259-808-231; 190-596-074-346-304; 192-046-660-426-477; 192-965-616-946-667; 196-796-256-609-077,29,true,,green
068-771-238-950-886,Liquor and the Constitution,,1940,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Aute Lee Carr,,7,4,709,716,Political science; Law; Constitution,,,,,https://scholarship.law.duke.edu/lcp/vol7/iss4/10/ https://core.ac.uk/display/62558298 https://core.ac.uk/download/62558298.pdf,http://dx.doi.org/10.2307/1189492,,10.2307/1189492,1576198090,,0,,0,true,,
069-358-294-998-793,The New Federal Attack on the Loan Shark Problem,,1968,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Walter D. Malcolm; John J. Curtin,"At a time when a presidential candidate makes an attack on loan sharking such a significant part of his campaign that it is highlighted in his acceptance speech and rebroadcast as part of one-minute spot political announcements, the timeliness of this subject is apparent.' This high-level attention illustrates growing public awareness of the very serious nature of the loan shark problem. In recent years a number of investigations of loan sharking have been undertaken by governmental agencies and other entities. Their conclusions are striking. Loan sharking has been characterized as ""a serious threat, not only to the unfortunate borrowers but also to the entire economic community"" and as ""one of the principal and most lucrative operations of the criminal underworld.""2 The seriousness of the problem is accentuated because loan sharking has close connections with other activities of organized crime, including bookmaking and narcotics distribution.3 ""Pushers"" loan money to addicts to finance drug purchases.4 Money lenders frequent gambling establishments to offer services to overenthusiastic patrons who want one more chance.5 In this setting the Congress of the United States chose in 1968 to make what it termed ""extortionate credit transactions"" a federal crime and did so as Title II of",33,4,765,786,Finance; Business; Actuarial science; Presidential system; Organised crime; Seriousness; Loan; Subject (documents); Principal (commercial law); Economic community; Politics,,,,,https://core.ac.uk/display/62555775 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3224&context=lcp https://scholarship.law.duke.edu/lcp/vol33/iss4/10/ https://core.ac.uk/download/62555775.pdf,http://dx.doi.org/10.2307/1191023,,10.2307/1191023,1549799455,,0,,2,true,,green
069-552-487-885-516,Competition or Control I: The Chaos in the Cases,,1958,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,G. E. Hale; Rosemary D. Hale,,106,5,641,,Economics; Microeconomics; Control (management); CHAOS (operating system); Competition (economics),,,,,https://core.ac.uk/display/151689062 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7102&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol106/iss5/2/ https://core.ac.uk/download/151689062.pdf,http://dx.doi.org/10.2307/3310383,,10.2307/3310383,745404723,,0,,0,true,,green
069-691-396-218-427,Competition or Control VI: Application of Antitrust Laws to Regulated Industries,,1962,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,G. E. Hale; Rosemary D. Hale,"Our inquiry has been designed to determine whether and to what extent the antitrust laws should be applied to regulated industries. For centuries the common law has recognized certain callings as affected with a public interest. Persons engaged in those callings are under a duty to serve all who apply for their products at reasonable prices. In modern times such duties have been crystallized in legislative enactments. As a result, in a wide variety of industries, governments fix prices, license entry, and control the services rendered. In most instances, however, there has been no express repeal, as to public utilities, of statutes forbidding monopolization and restraint of trade. They continue to exist side by side with interventionist measures. The need for reconciliation is patent. Our initial study encompassed a wide range of regulated industries, from gas and water to insurance and banking.' The courts apply the antitrust laws to many of such industries just as if entry were free, prices were uncontrolled, and services were beyond governmental sanctions. As to others, judges have perceived the conflict arising from the issuance of dual and often conflicting commands to the managers of regulated enterprises and have ruled that such businesses are expressly or impliedly exempt from the sweep of antitrust legislation. No consistent pattern, however, could be discerned in the decisions.2",111,1,46,,Economics; Common law; Statute; Law; Legislation; Sanctions; Restraint of trade; Monopolization; Repeal; Market economy; Legislature,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol111/iss1/3/ https://www.jstor.org/stable/3310541 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6788&context=penn_law_review https://core.ac.uk/display/151688964 https://core.ac.uk/download/151688964.pdf,http://dx.doi.org/10.2307/3310541,,10.2307/3310541,840183782,,0,,13,true,,green
070-032-459-862-639,Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?,2018-09-17,2018,journal article,Transnational Environmental Law,20471025; 20471033,Cambridge University Press (CUP),United Kingdom,Anne Richardson Oakes,"United Kingdom Supreme Court Justice Robert Carnwath has urged the judiciary to develop ‘common laws of the environment’, which can operate within different legal frameworks, tailored where necessary towards specific constitutions or statutory codes. One such mechanism with the potential for repositioning environmental discourse in both common law and civil law jurisdictions is the doctrine of the public trust. Basing their arguments upon a heritage of civil law and common law, supporters of the public trust doctrine are currently testing its scope in United States federal courts via groundbreaking litigation aimed at forcing the federal government to uphold its duty to protect the atmosphere. This article considers whether common law judicial resourcefulness can transform a transatlantic hybrid of uncertain parentage into a powerful tool of environmental protection.",7,3,469,489,Statutory law; Common law; Political science; Civil law (legal system); Doctrine; Public trust doctrine; Public trust; Supreme court; Duty to protect; Environmental protection,,,,,https://www.open-access.bcu.ac.uk/5881/ https://www.cambridge.org/core/journals/transnational-environmental-law/article/abs/judicial-resources-and-the-public-trust-doctrine-a-powerful-tool-of-environmental-protection/68980079B398D812AC3D46D0AD5783F2 https://core.ac.uk/download/157698487.pdf,http://dx.doi.org/10.1017/s2047102518000213,,10.1017/s2047102518000213,2889693639,,0,000-664-487-093-239; 004-114-636-745-368; 012-845-282-217-97X; 023-380-404-506-457; 033-545-187-830-917; 036-128-681-575-802; 036-917-312-939-780; 038-954-961-489-375; 039-587-759-071-295; 047-634-376-917-950; 048-311-539-741-540; 050-851-100-344-134; 052-406-159-119-211; 060-519-337-676-784; 085-467-067-862-266; 102-720-375-842-452; 114-006-123-898-393; 122-596-394-535-837; 127-633-241-823-266; 131-456-050-858-386; 139-111-390-511-597; 148-655-462-790-25X; 151-346-389-324-760; 157-805-426-134-834; 158-153-358-110-747; 164-457-787-598-971; 165-719-665-322-743; 166-669-903-889-846; 168-361-321-154-569; 175-617-274-939-290,3,true,cc0,green
070-072-234-461-937,War at sea: Nineteenth-century laws for twenty-first-century wars?,,2016,journal article,International Review of the Red Cross,18163831; 16075889,Cambridge University Press (CUP),United Kingdom,Steven Haines,"While most law on the conduct of hostilities has been heavily scrutinized in recent years, that dealing with armed conflict at sea has been largely ignored. This is not surprising. There have been few naval conflicts since 1945 and those that have occurred have been limited in scale; none has involved combat between major maritime powers. Nevertheless, navies have tripled in number since then and today there are growing tensions between significant naval powers. There is a risk of conflict at sea. Conditions have changed since 1945, but the law has not developed in that time. Elements of it, especially that regulating economic warfare at sea, seem outdated and it is not clear that the law is well placed to regulate so-called ‘hybrid’ warfare at sea. It seems timely to review the law, to confirm that which is appropriate and to develop that which is not. Perhaps a new edition of the San Remo Manual would be timely.",98,902,419,447,Law; Twenty-First Century; Scale (chemistry); Economic warfare; Armed conflict; Naval warfare; History,,,,,https://gala.gre.ac.uk/id/eprint/17548/ https://www.cambridge.org/core/journals/international-review-of-the-red-cross/article/war-at-sea-nineteenthcentury-laws-for-twentyfirst-century-wars/E52404999EA765A8493EC2DFE5035724 https://core.ac.uk/download/84914626.pdf,http://dx.doi.org/10.1017/s1816383117000418,,10.1017/s1816383117000418,2762322664,,0,004-142-211-854-452; 010-673-172-635-90X; 011-973-057-705-969; 013-138-006-790-001; 013-547-849-309-981; 024-160-087-095-296; 029-564-100-273-839; 032-372-283-427-31X; 037-566-338-304-358; 038-271-933-859-831; 044-941-140-875-871; 046-419-626-673-971; 050-569-989-030-893; 051-120-713-407-713; 051-745-704-690-529; 059-072-170-783-241; 059-277-404-758-727; 061-331-073-570-573; 061-729-863-809-841; 072-224-764-986-979; 082-202-471-759-591; 082-800-718-464-817; 087-491-724-832-167; 092-451-997-740-967; 099-071-328-506-831; 103-367-702-732-472; 107-415-820-899-096; 114-785-391-767-037; 124-696-814-390-517; 126-979-790-670-284; 127-545-702-469-977; 131-844-805-129-574; 136-928-771-043-157; 137-821-785-114-135; 144-551-149-019-897; 147-578-705-330-926; 152-011-314-407-416; 154-814-706-237-34X; 156-287-781-795-748; 159-122-055-164-398; 170-375-964-617-845; 177-626-607-744-561; 179-750-976-387-433; 180-024-134-192-647; 185-326-494-206-85X; 186-842-007-050-198; 190-191-651-823-866; 192-101-753-781-40X; 197-824-202-500-430,4,true,,green
070-130-445-034-217,Morelli v. Cedel: Ignoring Jurisdictional Limits and Outflanking Congress Towards the Internationalization of the ADEA,2004-04-26,2004,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Matthew H. Hawes; W. Scott Hardy,"Throughout the Twentieth Century, legislatures at all levels of American government have sought admirably to protect workers from a host of economic and societal ills by enacting broad-based remedial legislation. At times, these same legislatures have abdicated responsibility to the executive bureaucracy for further regulatory development. Without ensuring the attendant transfer of political accountability commensurate with the authority of the regulatory state, the delicate balance of powers crafted by the founders becomes skewed. Armed with the combined might of legislative fiat and unfettered enforcement power, the heavy hand of an over-zealous executive bureaucracy extends itself beyond the bounds initially established by the legislature in what is known as “mission creep.” And, in the modern economy, the ramifications of mission creep are global.",65,3,,,Economics; Law; Mission creep; Regulatory state; Accountability; Legislation; Enforcement; Bureaucracy; Legislature; Politics,,,,,http://lawreview.law.pitt.edu/ojs/lawreview/article/view/12 http://d-scholarship.pitt.edu/17890/ https://lawreview.law.pitt.edu/ojs/lawreview/article/download/12/12 https://core.ac.uk/download/12214725.pdf,http://dx.doi.org/10.5195/lawreview.2004.12,,10.5195/lawreview.2004.12,2065148882,,0,,1,true,cc-by-nc-nd,hybrid
070-583-692-535-168,"Cybercrime investigations : cyber-processes for detecting of cybercriminal activities, cyber-intelligence and evidence gathering",2015-01-01,2015,journal article,Acta Criminologica: Southern African Journal of Criminology,10128093,,,Sarika Kader; Anthony Minnaar,"Due to modern societies' increased reliance on borderless and decentralised information technologies, cyberspace has been identified as an easy target for criminals. Encryption is no longer 'foolproof', e-commerce is unsafe, and the Internet is no longer safely in the hands of responsible entities. Control over cyberspace has become a free-for-all, and nothing is 'hackproof' with old cybersecurity models collapsing. As a result tracing cybercriminals have become an increasingly difficult task for law enforcement agencies. Owing to the rate with which crimes are perpetrated in cyberspace, as well as the complications presented by investigations of such a multi-jurisdictional character, the task of the identification, successful investigation and prosecution of cybercriminals reflects rising challenges to law enforcement agencies across all borders - both physical and in cyberspace. Conventional investigative procedures do not meet the demands of the challenges associated with the investigation of cybercrimes. Technological advancements have made it increasingly difficult to answer the investigative questions of who, what, where, when and how. As such, in the digital setting, evidence is now gathered and processed differently from traditional means. In this article it is argued that the technical aspects and procedures of investigations into cybercrime are also still developing in response to the rapid growth and changing cyberattack/hacking modus operandi of cybercriminals. This has given rise to substantial discussion on the capabilities of existing cyber investigation models, tools used for the analysis of evidence and law enforcement in their effort to tackle cybercriminals. The investigation of cybercrime involves more than minimal technology examination or recovery of digital evidence. It necessitates the explicit presence of a variety of technical and non-technical specialised controls and investigative aids. This article provides a descriptive analysis of various investigative models and techniques used in the investigation of cybercrime and their effectiveness in securing prosecutions of cybercriminals. In addition, it will look at the various challenges that are faced in the execution of investigations into cybercrimes.",2015,,67,81,The Internet; Information technology; Engineering; Variety (cybernetics); Cybercrime; Law enforcement; Cyberspace; Digital evidence; Computer security; Hacker,,,,,http://journals.co.za/content/crim/2015/sed-5/EJC189471,http://journals.co.za/content/crim/2015/sed-5/EJC189471,,,2604025719,,0,,0,false,,
071-406-051-599-275,Enforcing Annulled Arbitral Awards: Comparison of Approaches in the United States and in the Netherlands’,,2018,journal article,Zbornik Pravnog fakulteta Sveučilišta u Rijeci,18468314; 1330349x,University of Rijeka Faculty of Law,Croatia,Vesna Lazic,"This contribution examines the procedural aspects of the enforcement of arbitral awards that were set aside in the jurisdiction where they were rendered. It focuses on recent cases in the United States and the Netherlands, which adopted a different line of reasoning than the approach taken by French judiciary many years ago. According to the latter, an arbitral award set aside in the ‘country of origin’ may be enforced in France in reliance on national law. Namely, French law on enforcement is more favourable than the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral. The courts in the United States and in the Netherlands in recent cases have taken a different approach. They examine the judgment setting aside the award and ignore the effects of the annulment in certain circumstances. Even though there are some common denominators, there are substantial differences between the line of reasoning of the courts in the US and the Netherlands. They remain distinct although a more recent decision of the Dutch Supreme Court emphasises an exceptional nature of such enforcement so that the difference between the two approaches may seem somewhat mitigated. However, a closer look reveals that substantial discrepancies between the courts in these two jurisdictions have remained. The article provides for a critical view on the enforcement of annulled arbitral awards in general. In particular, it points to drawbacks of variety of unilateral approaches amongst various jurisdictions. Additionally, it suggests the development of internationally accepted standards for the sake of legal certainty and predictability of arbitration, should the acceptance of the enforcement of annulled arbitral appear a majority view amongst academics and arbitration practitioners.",39,1,215,240,Public policy; Arbitration; Political science; Law; Annulment; Jurisdiction; Supreme court; Legal certainty; Enforcement; Convention,,,,,https://www.narcis.nl/publication/RecordID/oai%3Adspace.library.uu.nl%3A1874%2F381648 https://dspace.library.uu.nl/handle/1874/381648 https://hrcak.srce.hr/index.php?show=clanak&id_clanak_jezik=293719 https://core.ac.uk/download/197800062.pdf,http://dx.doi.org/10.30925/zpfsr.39.1.7,,10.30925/zpfsr.39.1.7,2961706777,,0,,1,true,cc-by-nc,gold
071-644-221-479-588,Data Ownership: Who Owns 'My Data'?,2012-11-24,2012,journal article,INTERNATIONAL JOURNAL OF MANAGEMENT & INFORMATION TECHNOLOGY,22785612,CIRWOLRD,,Ali M. Al-Khouri,"The amount of data in our world today is substantially mammoth. Many of the personal and non-personal aspects of our day to day activities are aggregated and stored as data by both businesses and governments. The increasing data captured through multimedia, social media, and the Internet of Things is a phenomenon that needs to be properly examined. In this article, we explore this topic, and analyse the term data ownership. We aim to raise awareness and trigger debate for policy makers around data ownership and the need to improve existing data protection and privacy laws and legislation at both national and international levels.",2,1,1,8,Internet privacy; Business; Privacy laws of the United States; Legislation; Mammoth; Foreign direct investment; Social media; Term (time); Data Protection Act 1998; Big data,,,,,https://cirworld.com/index.php/ijmit/article/view/1406 http://www.i-scholar.in/index.php/ANWESH/article/view/151288 https://core.ac.uk/download/322474569.pdf,http://dx.doi.org/10.24297/ijmit.v2i1.1406,,10.24297/ijmit.v2i1.1406,2909463780,,0,019-197-261-926-357; 061-904-942-794-700; 072-369-453-844-882; 073-957-167-561-950; 086-019-957-026-646; 100-750-844-025-960; 102-440-001-857-821; 126-412-458-807-608; 127-288-221-445-689; 136-159-513-146-387; 174-430-524-015-896; 189-128-072-372-688; 189-844-038-835-412; 194-176-472-098-806,25,true,cc-by,hybrid
071-708-187-027-317,Notes on the History of Commerce and Commercial Law: 1. Antiquity,,1913,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Layton B. Register,,61,7,431,,Business; Law; Commercial law,,,,,https://core.ac.uk/display/151689305 https://scholarship.law.upenn.edu/penn_law_review/vol61/iss7/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7303&context=penn_law_review https://core.ac.uk/download/151689305.pdf,http://dx.doi.org/10.2307/3313325,,10.2307/3313325,1087913827,,0,,2,true,,green
071-893-607-081-705,Original Jurisdiction of Federal Questions,,1942,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,James Harmon Chadbourn; A. Leo Levin,,90,6,639,,Subject-matter jurisdiction; Political science; Law; Intervention (law); Original jurisdiction,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol90/iss6/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9248&context=penn_law_review https://core.ac.uk/display/151690354 https://core.ac.uk/download/151690354.pdf,http://dx.doi.org/10.2307/3308823,,10.2307/3308823,846823790,,0,,2,true,,green
071-930-994-532-181,CONFLICTS OF JURISDICTION IN ANTITRUST LAW: A COMMENT ON ORDOVER AND ATWOOD,,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Diane P. Wood,"Conflicts of jurisdiction among nations over the application of economic policy regulations like antitrust laws inevitably arise when international trade links the world so closely. Dr. Ordover and Mr. Atwood have looked at this problem through the large and the small end of the binoculars, respectively. Ordover has sketched broad categories of industrial policy where nations should and should not defer to one another's jurisdictional primacy; Atwood takes the rather rare case of a ""pure export cartel"" and concludes that national antitrust enforcers should go out of business when such cartels meet his specified criteria. Each author has made a number of interesting suggestions, but each has failed to recognize adequately the nature of a jurisdictional conflict, and to note the difference between resolution of such conflicts by means of jurisdictional rules and resolution of such conflicts in other ways. This article will sketch out the critical preliminary analysis and indicate the way in which it affects each author's conclusions.",50,3,179,188,Comparative law; Political science; Public international law; Law; Jurisdiction; Cartel; Law of the sea; International law; Conflict of laws; Municipal law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3909&context=lcp https://scholarship.law.duke.edu/lcp/vol50/iss3/10/ https://core.ac.uk/display/62554447 https://www.jstor.org/stable/1191669 https://chicagounbound.uchicago.edu/journal_articles/3458/ https://core.ac.uk/download/62554447.pdf,http://dx.doi.org/10.2307/1191669,,10.2307/1191669,1504840323,,0,,21,true,,green
072-178-175-183-989,The Rise of Third Generation Phones: The Implications for Child Protection,,2005,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Alan Reid,"This article discusses the legal implications of the development of Third Generation (3G) mobile phones with respect to the protection of children from illegal and harmful content. 3G phones will herald the arrival of the truly mobile Internet. People will be able to e-mail, play games, communicate, download and transfer data, and purchase entertainment packages on the move. Everything that is possible via the Internet will be possible via a mobile phone. This phenomenal expansion in the capabilities of the mobile phone offers tremendous opportunities for business, commerce, education, entertainment, government services and law enforcement. However, vulnerable sectors of society—in particular, children—may face a range of dangers from this new technology: bullying, pressurising advertisements, illegal images, harmful or inappropriate images, and predatory paedophiles. The risk to children must not be underestimated, but it must also not be exaggerated. Technical and legal responses to such risks must be a...",14,2,89,113,Internet privacy; The Internet; Business; Government; Mobile phone; Face (sociological concept); Child protection; Download; Law enforcement; Entertainment,,,,,https://www.tandfonline.com/doi/abs/10.1080/13600830500042616,http://dx.doi.org/10.1080/13600830500042616,,10.1080/13600830500042616,2081894580,,2,,13,false,,
072-689-416-243-343,Law encoded: Towards a free speech policy model based on decentralized architectures,2016-11-20,2016,journal article,First Monday,13960466,University of Illinois Libraries,United States,Argyro Karanasiou,"The free exchange of data between many interconnected nodes, in the absence of a central point of control, has been at the heart of the Internet’s architecture since its inception. For its engineering architects “ if the Web was to be a universal resource, it had to grow in an unlimited way ”, thus “ its being ‘out of control’ was very important ” (Berners-Lee and Fischetti, 1999). Yet, this simple deign choice has had a serious impact on conventional legal thinking. This paper highlights the importance of online decentralized architecture as the perfect substantiation of the autonomy rational underpinning the right to free speech. In doing so the paper analyses the core principles supporting the Internet’s architecture on their merit to the promote the user’s autonomy and self-realisation through speech. Following the free speech rationale for autonomy, it is observed how some simple engineering decisions for an open decentralised communicatory platform can build a user-centric ecology for speech. To validate this hypothesis two main architectural choices are examined as to the potential they hold for free speech: the principles of Modularity and End-to-End (E2E). The paper concludes that in terms of free speech, law and net architecture should be seen as complementing factors instead of opposite controlling deities. In this respect, Lessig’s mantra that “ code is law ” is paraphrased to read as “ law encoded ”, meaning that the law should strive to maintain the core architectural Internet values promoting human rights, and free speech in particular.",21,12,,,Modularity; The Internet; Meaning (philosophy of language); Architecture; Human rights; Law; Control (management); Computer science; Resource (project management); Autonomy,,,,,https://gala.gre.ac.uk/id/eprint/24183/ https://firstmonday.org/ojs/index.php/fm/article/view/7118 https://journals.uic.edu/ojs/index.php/fm/article/view/7118 https://uncommonculture.org/ojs/index.php/fm/article/view/7118 https://dblp.uni-trier.de/db/journals/firstmonday/firstmonday21.html#Karanasiou16 http://eprints.bournemouth.ac.uk/25198/ https://core.ac.uk/download/74204507.pdf,http://dx.doi.org/10.5210/fm.v21i12.7118,,10.5210/fm.v21i12.7118,2559857833,,0,,1,true,cc-by-nc-sa,green
073-013-595-239-652,The Unbundling of Higher Education,,1975,journal article,Duke Law Journal,00127086,JSTOR,United States,William K.S. Wang,,1975,1,53,90,Higher education; Business; Market economy; Unbundling,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2514&context=dlj https://repository.uchastings.edu/faculty_scholarship/763/ https://scholarship.law.duke.edu/dlj/vol24/iss1/3/ https://core.ac.uk/display/108224820 https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1762&context=faculty_scholarship https://core.ac.uk/download/62550842.pdf,http://dx.doi.org/10.2307/1372096,,10.2307/1372096,1527757648,,0,,24,true,cc-by,green
073-091-845-948-368,An Appraisal and Analysis of the Law of “Plastic-Bag Ban”,,2011,journal article,Energy Procedia,18766102,Elsevier BV,,Qunfang Zhu,"Abstract This paper apprises the law of “Plastic-bag ban (PBB)” and points out that the law is necessary, feasible and effective. The success of the PBB policy is represented by the fact that the policy is consistent with the public opinion, and has definite control target. PBB has been properly carried out in supper markets, and has reduced the usage of plastic bags by two thirds. However, the public understanding of PBB needs to be further deepened. The paper analyses the cause of illegal use and wholesaling of ultra-thin plastic bags in peddler’ and wholesale markets, and advances some policy suggestions including strengthening the propaganda of PBB and the regulation over peddler's markets and production of plastic bags, increasing the price of plastic bags and establishing relevant law and regulation systems.",5,,2516,2521,Public opinion; Business; Plastic bag; Law; Production (economics),,,,,https://www.sciencedirect.com/science/article/pii/S1876610211013683 https://core.ac.uk/display/82720353 https://www.sciencedirect.com/science/article/abs/pii/S1876610211013683 https://core.ac.uk/download/pdf/82720353.pdf,http://dx.doi.org/10.1016/j.egypro.2011.03.432,,10.1016/j.egypro.2011.03.432,1983301199,,0,189-247-082-860-177,33,true,cc-by-nc-nd,gold
073-103-850-061-601,CISG and Arbitration Clauses: Issues of Intent and Validity,2013-11-27,2013,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Dmytro V. Vorobey,<jats:p>CISG and Arbitration Clauses: Issues of Intent and Validity</jats:p>,31,,133,160,Arbitration; Political science; Law,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/50 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/50/41 https://core.ac.uk/download/pdf/296521687.pdf,http://dx.doi.org/10.5195/jlc.2013.50,,10.5195/jlc.2013.50,1982965361,,0,,0,true,cc-by-nc-nd,gold
073-247-815-587-387,Discrimination Against Nonresidents and the Privileges and Immunities Clause of Article IV,,1979,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Gary J. Simson,,128,2,379,,Political science; Law; Privileges and Immunities Clause,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=4782&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol128/iss2/3/ https://core.ac.uk/display/151687781 https://core.ac.uk/download/151687781.pdf,http://dx.doi.org/10.2307/3311657,,10.2307/3311657,1105991614,,0,,0,true,,green
073-331-591-090-065,Special Problems in the Levy of Municipal Excise Taxes,,1941,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Seymour Graubard,,8,3,613,624,Public economics; Economics; Excise,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2100&context=lcp https://core.ac.uk/display/62558161 https://scholarship.law.duke.edu/lcp/vol8/iss3/16/ https://core.ac.uk/download/62558161.pdf,http://dx.doi.org/10.2307/1189417,,10.2307/1189417,1600543813,,0,,0,true,,green
073-363-606-260-60X,Penegakan Hukum terhadap Tindak Pidana Penipuan Berbasis Transaksi Elektronik,2019-03-27,2019,journal article,Jurnal Penelitian Hukum De Jure,25798561; 14105632,Badan Penelitian dan Pengembangan Hukum dan HAM,,Tony Yuri Rahmanto,"Tindak pidana penipuan saat ini semakin berkembang mengikuti perkembangan zaman dan kemajuan teknologi. Aturan hukum dibuat untuk mengantisipasi hal tersebut namun aturan yang ada rupanya tidak membuat tindak pidana tersebut semakin berkurang tetapi mengalami peningkatan. Penelitian ini bertujuan untuk: pertama, mengetahui penegakan hukum terhadap tindak pidana penipuan berbasis e-commerce; dan kedua, mengetahui faktor-faktor penghambat dalam penegakan hukum pidana terhadap tindak pidana penipuan berbasis e-commerce. Penelitian ini dilakukan dengan metode yuridis normatif melalui studi kepustakaan dengan menelaah data sekunder meliputi peraturan perundang-undangan, hasil penelitian, jurnal ilmiah dan referensi. Hasil penelitian menggambarkan bahwa tindak pidana penipuan berbasis e-commerce pada prinisipnya sama dengan penipuan dengan cara konvensional namun yang menjadi perbedaan terletak pada alat bukti atau sarana perbuatannya yakni menggunakan sistem elektronik (komputer, internet, perangkat telekomunikasi). Oleh karenanya penegakan hukum mengenai tindak pidana penipuan ini masih dapat diakomodir oleh Kitab Undang-Undang Hukum Pidana dan Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik. Selanjutnya, Hambatan dalam penegakan hukum terhadap tindak pidana penipuan berbasis Transaksi elektronik masih dipengaruhi oleh lima faktor yaitu faktor hukum, faktor penegak hukum, faktor sarana atau fasilitas yang mendukung penegakan hukum, faktor masyarakat dan faktor kebudayaan.",19,1,31,52,,,,,,https://ejournal.balitbangham.go.id/index.php/dejure/article/download/550/pdf_1 https://www.mendeley.com/catalogue/21391d6a-d95a-3a54-b718-112a91d1e6d8/ https://ejournal.balitbangham.go.id/index.php/dejure/article/view/550 https://core.ac.uk/download/pdf/268381691.pdf,http://dx.doi.org/10.30641/dejure.2019.v19.31-52,,10.30641/dejure.2019.v19.31-52,2940360024,,0,,5,true,cc-by-nd,gold
073-379-186-690-57X,WHEN MINDING YOUR OWN BUSINESS MEANS SPEAKING UP: CRIMINALLY PUNISHING A CORPORATE EXECUTIVE FOR FAILING TO BLOW THE WHISTLE ON THE ILLEGAL MISCONDUCT OF A COLLEAGUE,2014-07-18,2014,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Craig P. Ehrlich,WHEN MINDING YOUR OWN BUSINESS MEANS SPEAKING UP: CRIMINALLY PUNISHING A CORPORATE EXECUTIVE FOR FAILING TO BLOW THE WHISTLE ON THE ILLEGAL MISCONDUCT OF A COLLEAGUE,32,2,255,324,Political science; Misconduct; Public relations; Corporate title; Criminology,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/66 https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/66/71 https://core.ac.uk/download/pdf/296521719.pdf,http://dx.doi.org/10.5195/jlc.2014.66,,10.5195/jlc.2014.66,2066746065,,0,,0,true,cc-by-nc-nd,gold
073-426-271-427-687,A Personal Perspective on Legislation: Northern Milk Revisited – Soured or Still Fresh?,2016-12-01,2016,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Douglas White,"<jats:p>The thesis of this article is that the overarching objective of statutory interpretation is to ""make the Act work"" as the Court of Appeal held in Northern Milk. This requires a common sense and practical approach. The article demonstrates the thesis by reference to subsequent Court of Appeal decisions and the complementary legislation establishing the Law Commission and the Parliamentary Counsel Office. The issues raised by the Law Commission’s recently reactivated reference on the law of contempt of court are considered by way of example. The conclusion is that the Northern Milk approach remains apposite.</jats:p>",47,4,699,,Political science; Law; Perspective (graphical); Legislation,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/4781/4246 https://core.ac.uk/download/pdf/229716408.pdf,http://dx.doi.org/10.26686/vuwlr.v47i4.4781,,10.26686/vuwlr.v47i4.4781,2950368966,,0,,0,true,,bronze
073-503-949-714-425,Domicile Preferences in Employment: The Case of Alaska Hire,,1978,journal article,Duke Law Journal,00127086,JSTOR,United States,Carl J. Schuman,,1978,4,1069,,,,,,,https://core.ac.uk/download/62550539.pdf,http://dx.doi.org/10.2307/1372197,,10.2307/1372197,,,0,,0,true,,green
073-581-228-328-819,The digital currency challenge for the regulatory regime,2016-12-31,2016,journal article,Revista Chilena de Derecho y Tecnología,07192584; 07192576,Universidad de Chile,,Gonzalo J. Arias; Andrés Sánchez,"ABSTRACT There are some puzzles in digital currency matter. First, finding the best definition. Digital currencies have specific features that make necessary to mention in its definition. The second puzzle is the function of Internet. It is important because the Internet is the vehicle for the good functioning of digital currency schemes. The network provides all the facilities to digital currency, but it also may be a place for criminal activity. The third puzzle is the relation of digital currencies and the e-commerce. The electronic commerce is an antecedent of virtual currencies. The necessity to make the payment quicker and easier makes possible the growth of virtual currencies. Finally, there is the puzzle of the regulation. A complete regulation does not exist in the digital area. It is the nature of the Internet. It is a place where there are no financial rules. Criminal activity and improper use of Internet will increase over time.",5,2,173,209,Form of the Good; The Internet; Business; Payment; Relation (database); Antecedent (logic); Computer security; Virtual currency; Digital currency; Function (engineering),,,,,https://www.revistasaludpublica.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://revistapsicologia.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://www.monografiasveterinaria.uchile.cl/index.php/RCHDT/article/view/43541 https://revistas.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://www.revistasaludpublica.uchile.cl/index.php/RCHDT/article/view/43541 https://core.ac.uk/display/81650609 https://lajtp.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://scielo.conicyt.cl/pdf/rchdt/v5n2/0719-2584-rchdt-5-02-00173.pdf https://rchdt.uchile.cl/index.php/RCHDT/article/view/43541 http://www.scielo.cl/scielo.php?script=sci_arttext&pid=S0719-25842016000200173 https://revistapsicologia.uchile.cl/index.php/RCHDT/article/view/43541 https://scielo.conicyt.cl/scielo.php?script=sci_arttext&pid=S0719-25842016000200173 https://www.revistas.uchile.cl/index.php/RCHDT/article/view/43541 https://lajtp.uchile.cl/index.php/RCHDT/article/view/43541 https://rchdt.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://www.monografiasveterinaria.uchile.cl/index.php/RCHDT/article/download/43541/47001 https://www.scielo.cl/pdf/rchdt/v5n2/0719-2584-rchdt-5-02-00173.pdf https://core.ac.uk/download/81650609.pdf,http://dx.doi.org/10.5354/0719-2584.2016.43541,,10.5354/0719-2584.2016.43541,2573184144,,0,067-422-318-429-140; 072-381-331-224-927; 092-657-872-964-434; 102-994-862-712-805; 115-694-362-688-13X; 126-862-583-759-885; 141-831-505-197-479; 146-794-626-658-907; 146-968-276-416-277; 148-385-460-744-615; 184-394-924-786-881,1,true,cc-by-sa,gold
073-616-906-345-050,Harmonisation by Example: European Laws against Unfair Commercial Practices,,2010,journal article,Modern Law Review,00267961; 14682230,Wiley,United Kingdom,Hugh Collins,"This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.",73,1,89,118,Business; Law; Tort; Redress; Directive; European union; Consumer protection; Legal protection; Private law,,,,,https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2230.2009.00785.x https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1533586 https://www.ssrn.com/abstract=1533586 http://eprints.lse.ac.uk/26925/ https://core.ac.uk/download/213960.pdf,http://dx.doi.org/10.1111/j.1468-2230.2009.00785.x,,10.1111/j.1468-2230.2009.00785.x,2032409645,,0,,29,true,,green
073-838-881-559-493,American Animal Welfare Legislation,2010-02-01,2010,journal article,Derecho Animal. Forum of Animal Law Studies,24627518,Universitat Autonoma de Barcelona,,Oriol Caudevilla Parellada,"This paper examines US animal welfare legislation as viewed from a student in Spain. The paper concludes that while the US has some of the most progressive legislation, there are still topics that need to be addressed.",1,1,1,46,Public economics; Political science; Animal Welfare (journal); Legislation,,,,,https://revistes.uab.cat/da/article/viewFile/228/227 https://revistes.uab.cat/da/article/view/v1-n1-caudevilla https://core.ac.uk/display/158578432 https://dialnet.unirioja.es/servlet/articulo?codigo=6473900 https://core.ac.uk/download/158578432.pdf,http://dx.doi.org/10.5565/rev/da.228,,10.5565/rev/da.228,2790573082,,0,,0,true,cc-by,gold
073-888-319-801-778,WHY E-COMMERCE BUSINESS ETHICS NEEDS?,2019-07-11,2019,journal article,DiH: Jurnal Ilmu Hukum,2654525x; 02166534,Universitas 17 Agustus 1945 Surabaya,,Wilma Laura Sahetapy,"Globalization and free trade supported by advances in telecommunications and informatics technologies have provided wider space. This shows that in Indonesia also gives a good impact for the economy with the advances in technology. Therefore, this technological advancement needs to be supported by the existence of business ethics that have principles that can create trust to consumers so as to provide wider space to the fulfillment of the quality of goods/services in accordance with the desires and capabilities of consumers. Currently it takes business ethics in e-commerce to minimize losses experienced by both parties in e-commerce transactions. The existence of business ethics in e-commerce, consumers can make transactions without hesitation, and can minimize the fraud that often occurs in e-commerce transactions.",15,2,104,112,Business ethics; Business; Informatics; Globalization; Space (commercial competition); Quality (business); Technological advance; Free trade; Commerce; E-commerce,,,,,https://simlitabmas.untag-sby.ac.id/index.php/dih/article/view/2418/pdf https://simlitabmas.untag-sby.ac.id/index.php/dih/article/download/2418/pdf https://core.ac.uk/download/pdf/290097143.pdf,http://dx.doi.org/10.30996/dih.v15i2.2418,,10.30996/dih.v15i2.2418,2966504518,,0,050-249-692-864-43X,0,true,cc-by-sa,gold
073-896-624-915-130,GOOGLE ADSENSE PERSPEKTIF HUKUM PERJANJIAN ISLAM,2019-10-02,2019,journal article,"Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial",25805363; 20889712,Universitas Islam Negeri Ar-Raniry,,Muhammad Bahaur Rijal; Nahara Eriyanti,"<jats:p>This research examines is about the mechanism of the Google Adsense contract viewed from the legal aspects of the Islamic agreement. Google Adsense mechanism is different from business mechanisms in general, the differentiation is seen from the involvement of advertisers, Google and publishers who are bound in an online contract system. The purpose of this research is to find out how the mechanism of Google Adsense, besides analyzing the legal theory of Islamic agreements on the mechanism of Google Adsense. Type of research is a descriptive-analytical field research using a pattern of Islamic legal approach. There are two theories on which this research is based, namely contract theory and online business theory for analyzing legal aspects. The contract theory used focuses on the theory of the muamalat legal perspective contract which is then used to analyze transactions in Google Adsense, then from that analysis will be known how the law of the Google Adsense business. The results of this study indicate that the mechanism that occurs in Google Adsense reflects the basic values of the contract that are in accordance with the rules of the contract law. Standard contract enforcement aims to avoid moral hazard to protect the parties involved in online business for the realization of mutual benefit and prosperity. In addition, the screening efforts imposed on Google Adsense aim to demonstrate the application of business ethics values, which are known to have implications for the validity of the contract (in accordance with Islamic treaty law) Keywords: Google Adsense, contract</jats:p>",9,2,,,Islam; Business; Enforcement; Contract theory; Sharia; Law; Law and economics; Political science; Sociology; Economics; Philosophy; Theology; Neoclassical economics,,,,,https://core.ac.uk/download/pdf/228450095.pdf,http://dx.doi.org/10.22373/dusturiyah.v9i2.5322,,10.22373/dusturiyah.v9i2.5322,,,0,,0,true,cc-by-sa,gold
074-123-859-628-875,The internal vs. the external dimension of European private law - a conceptual design and a research agenda,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Hans-Wolfgang Micklitz,Research on the external dimension of European Private Law is still in its infancy. However it is possible to group the debate around four major observations which seem to hold the external European private law together and which indicate a move: (1) (from) legal rules and (to) legal practice; (2) (from) formal law making and (to) European governance; (3) (from) substantive law and (to) procedural law; (4) (from) private law and (to) trade law. It will have to be shown that the ‘from… to’ by and large corresponds to the distinction between traditional private law and regulatory private law. The paper is meant to set out a research design rather than coming up with proposals for solution.,,,,,Sources of law; Comparative law; Statutory law; Philosophy of law; Political science; Public law; Law; Private law; Commercial law; Municipal law,,,,,https://core.ac.uk/display/45685780 https://www.helsinki.fi/katti/Transformation%20of%20Private%20Law%20Beyond%20Europe.pdf https://cadmus.eui.eu/bitstream/handle/1814/36355/LAW_2015_35.pdf https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2627718 https://core.ac.uk/download/pdf/45685780.pdf,http://dx.doi.org/10.2139/ssrn.2627718,,10.2139/ssrn.2627718,1417882637,,0,018-930-230-041-946; 056-447-865-069-879; 072-355-463-454-741,4,true,,green
074-320-796-035-329,Legal Efforts of Conflicts Resolution in the Cash on Delivery System in E-Commerce Transactions in Indonesia,2021-09-04,2021,journal article,International Journal of Social Science And Human Research,26440679; 26440695,Everant Journals,,Maria Louis Cahya Lumaris,"<jats:p>This study aimed to analyze the legal efforts of conflict resolution in the Cash on Delivery system in e-commerce transactions in Indonesia. As will be discussed in this research is the development of e-commerce in Indonesia, payment systems in e-commerce in Indonesia, and legal efforts of conflict resolution in the Cash on Delivery systems in e-commerce transactions in Indonesia. This study used normative juridical research methods and research data used were secondary legal data consisting of primary legal materials and secondary legal materials. Based on the results of the study, it is known that e-commerce in Indonesia is developed rapidly, especially during the Covid-19 pandemic. Besides the development of e-commerce followed by the development of electronic payment systems in Indonesia, one of them is the Cash on Delivery (COD) system. However, this system creates a conflict between the parties involved in the electronic transaction. Legally, there are two ways of resolving conflict can be put forward, including non-litigation, which is done to achieve peace between the parties involved in the conflict, and if peace is not reached, legal remedies can be taken in litigation by the Buyer by taking civil law action because the Seller has defaulted as regulated in Article 1243 of the Civil Code. In addition, the Buyer can also take criminal litigation efforts by arguing that the Seller has committed a criminal act of fraud as regulated in Article 378 of the Criminal Code in conjunction with Article 28 paragraph (1) of the ITE Law. However, criminal litigation is carried out as a last resort in law enforcement or as an ultimum remedium.</jats:p>",04,09,,,Resolution (logic); Business; Cash; Delivery system; Commerce; E-commerce,,,,,http://dx.doi.org/10.47191/ijsshr/v4-i9-04,http://dx.doi.org/10.47191/ijsshr/v4-i9-04,,10.47191/ijsshr/v4-i9-04,3196409751,,0,,0,true,cc-by,green
074-532-737-004-359,Unconventional Wisdom: A New Look at Articles V and VII of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,,2002,journal article,Texas International Law Journal,01637479,,,Kenneth R. Davis,"I. INTRODUCTION In this global economy, giant multinationals leap with ease across oceans and continents. Treaties fostering trade and technology revolutionizing communication have obliterated barriers, expanding transnational commerce. A U.S. defense contractor may sell helicopter parts to the Egyptian Air Force.1 A French concern, seeking a contract to construct a drainage system in Algiers, may engage the services of an English consulting company.2 Disputes are just as likely to occur in the global environment as they are in domestic transactions. The challenge of finding an impartial decisionmaker, however, is keener when a dispute involves parties of diverse nationalities. To submit a controversy to the courts of a foreign adversary's country may subject a party to inconvenience and even bias.3 Imagine an approach to dispute resolution that would minimize or even eliminate such problems. Imagine a method where the parties could jointly select an impartial decisionmaker, an expert in their industry, empowered with binding authority to resolve their quarrel.4 Arbitration is that method. Lauded for its efficiency, both in cost and time, arbitration has long been a favored method of dispute resolution.5 Parties to international transactions routinely include arbitration clauses in contracts.6 Because arbitration is contractual, it affords the parties the flexibility to tailor the process to suit their mutual objectives.7 An arbitration clause may stipulate the rules that will govern the proceedings, and the location of the hearing.8 It may specify what national law, if any, will apply,9 or it may direct the arbitrators to apply generally accepted the customs and usages of international trade, called lex mercatoria.10 It may even direct the arbitrators to act as amiables compositeurs, who, unbound from the strictures of national law, are free to rely instead on their sense of justice.11 The key to arbitration is simply the freedom of contract. Numerous nations, including the United States, adopted the Geneva Convention of 1927 to provide a framework for the arbitration of disputes between parties of different nationalities.12 The regime established by the Geneva Convention, however, proved unsatisfactory. The most notorious shortcoming of the Geneva Convention was the cumbersome practice known as double exequatur-an award had to be confirmed in the country where the award was rendered before another country could enforce the award.13 To rid international arbitration of this and other onerous procedures,14 a host of countries in 1958 adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, known as the ""New York Convention.""15 One hundred twenty-six countries, including the United States, have ratified this treaty.16 The purpose of the New York Convention is to promote arbitration and to facilitate the enforcement of arbitration awards.17 Although the objectives of the Convention are clear, some of its language is ambiguous. One ambiguity in particular has provoked intense debate. Article V of the Convention prescribes the grounds for denial of recognition and enforcement of foreign arbitral awards.18 Subsection (1)(e) of Article V states that a country may refuse to recognize and enforce an award only on specified grounds.19 One such ground is annulment of the award by a court of the country in which, or under the law of which, the award was made.20 Tension exists between Article V(1)(e) and Article VII, which provides that a foreign arbitral award is enforceable to the full extent of the laws of the country in which enforcement is sought.21 The issue is how to reconcile these two provisions. Suppose two companies, one Japanese and the other Colombian, enter into a contract including an arbitration clause. A dispute arises between the parties. Arbitration proceedings are conducted in Japan, and the Colombian company prevails. …",37,1,43,,Freedom of contract; Dispute resolution; Sociology; Arbitration; Compulsory arbitration; Online dispute resolution; Law; Arbitration clause; International arbitration; Convention,,,,,https://www.questia.com/library/journal/1P3-97991498/unconventional-wisdom-a-new-look-at-articles-v-and,https://www.questia.com/library/journal/1P3-97991498/unconventional-wisdom-a-new-look-at-articles-v-and,,,289054055,,0,,7,false,,
074-684-371-935-281,VAT and the internet: the application of consumption taxes to e‐commerce transactions,,2004,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Emilie Fridensköld,"The taxation of citizens' consumption of goods and services is of great importance for government revenue worldwide. However, the constantly growing Internet market is changing the ways in which those goods and services are acquired and consumed, making it difficult to administer and enforce existing tax rules. Tax rules, being directly connected to the government's chosen policy of raising revenue to finance its spending on the public sector, are matters of a highly sovereign nature, and their efficient working clashes with the inherently borderless and intangible nature of the Internet. New methods of delivery and new categories of products that can be delivered between jurisdictions without passing any physical borders raise particular problems for VAT purposes. To achieve the twin goals of encouraging e‐commerce and protecting national revenue bases, international cooperation must be sought in the development of mechanisms to collect tax in the new digital commercial environment. Without a mutual unde...",13,2,175,203,Value-added tax; Tax revenue; Business; Public finance; Government revenue; Revenue; Computer security; Tax avoidance; Commerce; Tax reform; Ad valorem tax,,,,,https://www.tandfonline.com/doi/full/10.1080/13600830410001687273,http://dx.doi.org/10.1080/13600830410001687273,,10.1080/13600830410001687273,2048632982,,0,010-479-657-938-651; 011-888-332-082-676; 012-111-324-068-720; 013-493-699-573-814; 014-208-158-909-654; 019-645-253-457-972; 034-311-881-042-990; 040-002-906-293-306; 044-892-492-403-589; 048-457-412-291-409; 050-253-822-580-155; 051-987-639-777-389; 060-669-228-355-360; 067-440-345-808-372; 075-450-761-184-297; 075-826-080-030-703; 076-329-817-788-690; 085-752-242-188-946; 086-878-813-092-148; 088-689-437-765-547; 096-177-070-919-941; 102-994-862-712-805; 129-488-516-145-105; 149-162-835-362-719; 151-123-966-637-890; 169-381-856-876-343; 172-931-247-461-558; 189-673-727-489-929; 196-487-086-854-977; 196-956-640-206-467,6,false,,
074-756-483-508-495,Is There a General Commercial Law Administered by the Courts of the United States Irrespective of the Laws of the Particular State in Which the Court Is Held,,1873,journal article,The American Law Register (1852-1891),15583813,JSTOR,,Robert G. Street,,21,8,473,,Court of equity; Precedent; Common law; Political science; Scots law; Law; State (polity); Certiorari; Commercial law; Original jurisdiction,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol21/iss8/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2624&context=penn_law_review https://core.ac.uk/display/151685513 https://core.ac.uk/download/151685513.pdf,http://dx.doi.org/10.2307/3303721,,10.2307/3303721,857536144,,0,,0,true,,green
074-821-796-237-68X,"The New ""Problem"" of Business Method Patents: The Convergence of National Patent Laws and International Internet Transactions",2002-03-22,2002,journal article,Rutgers Computer and Technology Law Journal,07358938,,,Larry A. DiMatteo,"1. INTRODUCTION This article analyzes two evolving legal and technological domains: e-commerce and the law of patents as applied to business methods. Both of these domains possess a distinctly international character. Both are sources of conflict. E-commerce is a ""borderless medium"" that breeds multi-jurisdictional conflict. (1) Similarly, the computer implementation of business methods in e-commerce has generated both forces of conflict and forces of convergence among national patent laws. (2) This intersection of e-commerce and intellectual property law is further complicated by the recent divergence in national patent laws on the issue of the patentability of business methods. Internet-related applications can quickly transform a business method developed in a specific industry to one whose appeal reaches across the boundaries of that industry. Thus, a patent obtained for an Internet business method application has potentially wide-reaching impact. Patent law in the area of business methods is in a state of flux. In 1998, the United States Court of Appeals for the Federal Circuit swept aside the long-standing business methods exception to patentability. (3) Broadening the scope of patent law unleashed widespread criticism and commentary not only in the United States, but internationally because of the resulting divergence with the patent law systems of Japan and the European Union. This divergence begs two important questions: (1) In the short-term, how will American business method patent holders be able to enforce their newly granted patent protections internationally; and (2) What long-term changes will this divergence be likely to produce? This article will review the evolving area of patent law from both short-term and long-term perspectives. Part II will consider current jurisdictional issues associated with the international enforceability of American business method patents. Part III will review some of the public policy rationales underlying the debate over the patentability of business methods. Part IV will examine current developments in Europe and Japan, and solutions offered to improve the process of granting business method patents. The article will conclude that soon the issue will not be whether business method patents should be recognized internationally, but instead, how best to improve the patent system in granting such patents. II. THE SPECIAL FEATURES OF INTERNET JURISDICTION Most traditional issues of jurisdictional application of laws have been answered through the use of factors based upon the territorial considerations of national boundaries. In the United States, the amenability of a company to the courts of a foreign state was founded upon whether the company had minimum contacts with that jurisdiction. (4) The Constitutional requirement of due process was satisfied if it could be found that a company was ""doing business"" in the foreign jurisdiction. (5) If an entity is found to be conducting business, then it is reasonable for that entity to be required to defend itself in the foreign court. Furthermore, it is reasonable to require it to comply with the regulatory laws of that jurisdiction. The ""ordering"" of transactions implies a certain level of intentionality. Thus, the reasonableness of exercising jurisdiction, even extraterritorially, is premised on the idea that the party had ""purposefully availed"" itself of the benefits of doing business in the foreign jurisdiction. (6) In cyberspace, this physical or territorial connection is easily severed. The process of downloading technology or products electronically may not involve a physical connection to any particular jurisdiction. (7) Product transactions and technology applications may be performed instantaneously under a veil of anonymity so that the identity and location of the party who has initiated the transaction remains unknown to the seller. This globally seamless web of interaction is inherently inconsistent with the jurisdictional approach of applying the laws of a fixed territorial state. …",28,1,1,,Patent troll; Sociology; Law; Jurisdiction; Minimum contacts; Appeal; Patentability; European union; Intellectual property; Business process,,,,,https://www.questia.com/library/journal/1G1-84020684/the-new-problem-of-business-method-patents-the,https://www.questia.com/library/journal/1G1-84020684/the-new-problem-of-business-method-patents-the,,,298556753,,0,,3,false,,
075-080-521-198-694,The State Action Exemption in Antitrust: From Parker v. Brown to Cantor v. Detroit Edison Co.,1977-10-01,1977,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Linda L. McCall,,26,4,871,908,Philosophy; Law and economics; Law; State action,,,,,https://scholarship.law.duke.edu/dlj/vol26/iss4/3/ https://core.ac.uk/display/62550615 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2635&context=dlj https://core.ac.uk/download/62550615.pdf,https://scholarship.law.duke.edu/dlj/vol26/iss4/3/,,,1604378735,,0,,0,true,,
075-677-577-944-184,The Information Society - Online Healthcare: Internet Pharmacies May not Always be Good for Your Health.,,,journal article,IFIP International Federation for Information Processing,,Kluwer Academic Publishers,,Carlisle George,"Rapid developments in information and communication technologies (ICT) have resulted in the widespread use of the Internet as an important medium for commercial activity. Such activity commonly referred to as electronic commerce, or e-commerce has facilitated new business models in many different commercial endeavours including pharmaceutical and medical practice. This paper investigates the growing phenomenon of drugs sales and medical services over the Internet via Internet Pharmacies. Although Internet Pharmacies have resulted in many benefits to consumers, there are serious health and safety concerns about various aspects of this commercial activity, especially where laws and regulations are not adhered to. Such concerns raise important issues regarding social accountability when using ICT to facilitate the provision of medical services. The paper examines the benefits and problems associated with Internet pharmacies with a view to discussing some of the challenges faced especially by legislators and regulators. It argues that many of these challenges are compounded by the nature of the Internet itself, social and economic realities, different national regulatory structures and the difficulty of enforcing national laws outside of legal jurisdictions. Finally it discusses how some of the present challenges may be addressed.",,,133,151,Pharmacy; The Internet; Business; Social accounting; Health care; Legal liability; Prescription drug; Public relations; Business model; Information and Communications Technology,,,,,https://doi.org/10.1007/0-387-31168-8_9 https://rd.springer.com/chapter/10.1007/0-387-31168-8_9 https://link.springer.com/chapter/10.1007%2F0-387-31168-8_9 https://eprints.mdx.ac.uk/5165/ https://link.springer.com/content/pdf/10.1007%2F0-387-31168-8_9.pdf,http://dx.doi.org/10.1007/0-387-31168-8_9,,10.1007/0-387-31168-8_9,640766413,,0,,4,true,,bronze
075-694-208-010-508,"Law, the Constitution and Legal Education in the Twenty-First Century",2000-04-03,2000,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Kenneth J. Keith,"<jats:p>Sir Kenneth Keith gave the lecture on which this paper is based as part of the 1999 Centennial Alumni Lecture series. Using the career of the first Dean of Law at Victoria University College as his inspiration, Sir Kenneth deals with a wide range of issues which all those in the law, be they judges, practitioners, teachers or students will have to address.</jats:p>",31,1,83,,Political science; Law; Constitution; Twenty-First Century; Legal education,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/5967/5234 https://core.ac.uk/download/pdf/322530552.pdf,http://dx.doi.org/10.26686/vuwlr.v31i1.5967,,10.26686/vuwlr.v31i1.5967,3123011183,,0,,0,true,,bronze
076-158-721-620-451,Adoption of the E-Commerce VAT Package: The Road Ahead Is Still a Rocky One,2018-06-01,2018,journal article,Ec Tax Review,09282750,,,Marie Lamensch,"The e-commerce VAT package that was adopted in December 2017 is a key element of the European Commission VAT Action Plan and the Digital Single Market strategy. While it should be transposed into the national legislations of the Member States by 2019 and 2021, in this article the author identifies key implementation issues and unfixed enforcement challenges. She highlights, in particular, that relying on electronic platforms to collect the VAT does not come without difficulties and risks of abuse and that the lack of enforcement jurisdiction of EU tax administrations on non-EU businesses remains an unsolved and most worrying issue. Her conclusion is that the adoption of the e-commerce VAT package is certainly not the last step of the EU VAT modernization journey.",27,4,186,195,Business; International trade; Element (criminal law); Key (cryptography); Digital Single Market; Jurisdiction; Enforcement; Action plan; Modernization theory; E-commerce,,,,,https://www.kluwerlawonline.com/abstract.php?area=Journals&id=ECTA2018020 https://researchportal.vub.be/en/publications/adoption-of-the-e-commerce-vat-package-the-road-ahead-is-still-a- https://dialnet.unirioja.es/servlet/articulo?codigo=6517244,https://www.kluwerlawonline.com/abstract.php?area=Journals&id=ECTA2018020,,,2892068411,,0,,3,false,,
076-210-570-340-174,A Guide to the Air Quality Act of 1967,,1968,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert Martin; Lloyd Symington,"On November 21, 1967 the President signed into law the Air Quality Act of I967,1 the most important step to date in organizing government's response to the nation's growing air pollution problems. The new law builds on earlier legislation going back as far as 1955 and is in form an amendment of the Clean Air Act of I963.2 Nevertheless, it sets forth a better defined approach to air pollution control than had yet emerged in either federal, state, or local legislation and begins to indicate the shape of the coordinated federal-state-local regulatory effort that air pollution control requires. For the first time the federal government has decreed that regulation shall be undertaken by the states and has prescribed both a broad timetable for its coming into being and a basis for measuring the adequacy of that regulation. By recognizing health requirements, economic and technological realities, and the necessity for a flexible approach, the Air Quality Act provides a framework for an active government-industry partnership directed toward achieving the goal of clean air. This article attempts to delineate the act's scope and ultimate effects in controlling air pollution attributable to stationary sources of contaminants. The act's provisions on automotive vehicle emissions are outside of the scope we have elected to adopt.3",33,2,239,274,Air quality index; Business; Government; Major stationary source; Legislation; Clean Air Act; Scope (project management); Public administration; Air pollution; General partnership,,,,,https://scholarship.law.duke.edu/lcp/vol33/iss2/5/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3197&context=lcp https://www.jstor.org/stable/1190918 https://core.ac.uk/display/62555798 https://core.ac.uk/download/62555798.pdf,http://dx.doi.org/10.2307/1190918,,10.2307/1190918,129518354,,0,,7,true,,
076-491-539-381-668,The e-commerce international consumer contract in the European Union,2015-06-30,2015,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Anabela Susana de Sousa Gonçalves,"Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) adapts the rule laid down in the Rome Convention regarding international consumer contracts, to take into account the requirements of the consumer protection in an international contract, as the weaker party, and the demands of electronic commerce. Article 6 determines the types of international contract protected and establishes the mechanisms to protect the consumer. However, the legal provision in question is not free from complications and requires an effort of interpretation to adjust the rule to the diffuse nature of the internet and to the characteristics of electronic commerce. This paper identifies the difficulties of application of the provision to e-commerce and discusses the interpretative options of the European Union Court of Justice (ECJ).",9,1,5,20,Economic Justice; Political science; Law; Rome I Regulation; Convention; Parliament; European union; International law; Conflict of laws; E-commerce,,,,,https://www.ceeol.com/search/article-detail?id=892742 https://journals.muni.cz/mujlt/article/view/2673 https://journals.muni.cz/mujlt/article/download/2673/3690 https://core.ac.uk/download/230601970.pdf,http://dx.doi.org/10.5817/mujlt2015-1-2,,10.5817/mujlt2015-1-2,2400365766,,0,005-695-062-698-324; 045-627-747-257-560; 056-470-404-860-057; 078-462-316-805-312; 104-744-615-613-587,0,true,,gold
076-537-292-122-525,The internet and the global reach of EU law,,2017,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Christopher Kuner,"EU law has significant influence on the Internet and parties outside the EU’s territorial boundaries that use it and are affected by it. The Internet has enabled the EU to extend to third countries the application of its fundamental values, including the autonomy of EU law, the rule of law, and fundamental rights. There are many examples of the EU exerting its global reach regarding the Internet, particularly in data protection law, but also in areas such as Internet governance, international agreements, and private international law. This occurs through a variety of mechanisms, including emulation and learning; international negotiation; coercion and conditionality; and blocking recognition of third country legal measures. The EU’s actions in exercising its global reach implicate important normative issues, such as distinguishing between the furtherance of core EU legal values and the advancement of the EU’s political interests; promoting the principles of EU law as universal values; ensuring that EU legal values are upheld in practice; and determining the territorial boundaries of EU law. The influence exercised by the EU carries responsibilities towards third countries, particularly those in the developing world. The Internet may also be influencing EU law, as is shown by the changing role of the Court of Justice.",20,,112,145,Comparative law; Political science; Public law; Law; Rule of law; Internet governance; European union; Conflict of laws; Private law; Municipal law,,,,,https://core.ac.uk/display/80787850 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2890930_code1213479.pdf?abstractid=2890930&mirid=1 http://eprints.lse.ac.uk/83850/ https://www.ssrn.com/abstract=2890930 https://researchportal.vub.be/en/publications/the-internet-and-the-global-reach-of-eu-law-2 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2890930 https://isij.eu/article/internet-and-global-reach-eu-law http://connections-qj.org/article/internet-and-global-reach-eu-law https://core.ac.uk/download/80787850.pdf,http://dx.doi.org/10.2139/ssrn.2890930,,10.2139/ssrn.2890930,2587993304,,0,,5,true,,green
076-992-376-003-288,International Conventions and the Failure of a Transnational Approach to Controlling Crime Business,,2013,journal article,International Criminal Law Review,1567536x; 15718123,Brill,Netherlands,Mark Findlay; Nafis Hanif,"The article argues that without a realistic understanding of criminal enterprise located against the commercial forces shaping contemporary market contexts, then domestic, bi-lateral, regional and international control initiatives are not only likely to fail in their regulatory objectives, but the premises on which they are constructed may heighten the market conditions for crime business profitability. The international convention-based approach to regulating transnational and organised crime is the framework from which a critique of non-market-centred law enforcement control concentrations is developed. This critique reveals the transposition of flawed normative control considerations from domestic to supra-national control contexts, and shows how this in turn constrains and is constrained by organised crime research. The article suggests the need for a novel methodology to reveal and understand crime business in its specific market realities and conditions. The analysis calls for a shift away from the normative ascription to supply-directed regulatory emphasis. In conclusion, conventional crime control perspectives and directives can usefully be critiqued from their international as well as their domestic frames, enabling the creation of a refined and more holistic legal response at each level of criminal enterprise that is supported and not retarded by business-grounded and market-reliant research understandings.",13,3,697,724,Profitability index; Political science; Law and economics; Law; Organised crime; Control (management); Crime control; Ascription; Law enforcement; Convention; Normative,,,,,https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3352&context=soss_research https://booksandjournals.brillonline.com/content/journals/10.1163/15718123-01303005 https://brill.com/content/journals/10.1163/15718123-01303005 https://ink.library.smu.edu.sg/soss_research/2095/ https://core.ac.uk/download/111760497.pdf,http://dx.doi.org/10.1163/15718123-01303005,,10.1163/15718123-01303005,3123560797,,0,020-451-854-250-037; 113-942-307-622-039,1,true,cc-by-nc-nd,green
077-455-017-468-182,Preventing misuse of discount promotions in e-commerce websites: an application of rule-based systems,,2021,journal article,International Journal of Services Operations and Informatics,1741539x; 17415403,Inderscience Publishers,United Kingdom,G. Vishnu Manohar; Biplab Bhattacharjee; Maheshwar Pratap,"E-commerce websites continue to get affected by fraudulent online activities in spite of the substantial efforts made by different stakeholders such as card issuers, banking intermediaries, merchants, and law enforcement agencies. First-time promotional discounts are offered by e-commerce websites for gaining and retaining new and existing customers. However, in several instances, such discounts are abused by fraudsters. Surprisingly, little attempt has been put in the past to detect such abuses. This study is the first attempt in this direction and uses transaction data of an e-commerce company to develop a rule-based detection system. The rules-based system is developed in two-stage processes, generation of facts and rules, respectively; and it is further validated by experts. An architecture of a rule-based fraud detection system is also proposed. Using rule-based detection system, the company can flag-off the probable abusers, and can subsequently monitor their behaviour and take decisive actions.",11,1,54,,Internet privacy; Architecture; Transaction data; Issuer; Intermediary; Business; Rule-based system; Spite; Law enforcement; E-commerce,,,,,https://www.inderscienceonline.com/doi/abs/10.1504/IJSOI.2021.114111,http://dx.doi.org/10.1504/ijsoi.2021.10035883,,10.1504/ijsoi.2021.10035883,3134567848,,0,,0,false,,
077-721-493-232-639,LEGAL PROTECTION FOR CONSUMERS IN TRANSACTIONS FOR E-COMMERCE,2019-11-03,2019,journal article,UNTAG Law Review,25494910; 25795279,Fakultas Hukum UNTAG Semarang,,Bing Yusuf,"The development of information and electronic technology every time becomes faster, supported by the great curiosity of humans to make information technology and electronics as daily consumption. Technology penetrated into the business world pampering the community with ease of accessibility through ecommerce systems. People enjoy buying and selling facilities through e-commerce, but most people forget that every thing has a positive and negative side. The majority of people enjoy the convenience and convenience of e-commerce to access and obtain the desired items, but not a few community members have become victims of e-commerce transactions. The government acting as a regulator has issued a lot of laws and regulations, but until now all forms of injustice, fraud, and even crime through ecommerce buying and selling have not been completely blocked. Institutions established specifically to defend disadvantaged consumers also do not yet have adequate specifications to protect disadvantaged consumers through e-commerce buying and selling. The capabilities and facilities possessed by law enforcement officers are still limited, there are still many perpetrators of injustice, fraud and crime in buying and selling e-commerce that are still moving and operating freely. Based on the reality of e-commerce buying and selling formulated a problem regarding how legal protection is actually for consumers in buying and selling e-commerce? What obstacles are faced by consumers to get legal protection in buying and selling e-commerce? How is the legal effort made by consumers who are disadvantaged in buying and selling ecommerce? Using positive law analyzed with reality that occurs in the community it can be concluded that e-commerce buying and selling is arguably a new thing so that it demands for the whole legal system and legal subjects to adapt to technological developments and the progress of civilization",3,1,57,70,Advertising; Information technology; Consumption (economics); Business; Government; Positive law; Injustice; Law enforcement; Disadvantaged; E-commerce,,,,,http://jurnal.untagsmg.ac.id/index.php/ulrev/article/download/1070/986 http://jurnal.untagsmg.ac.id/index.php/ulrev/article/view/1070 https://core.ac.uk/download/249338636.pdf,http://dx.doi.org/10.36356/ulrev.v3i1.1070,,10.36356/ulrev.v3i1.1070,3009857213,,0,,0,true,cc-by-nc,gold
077-793-958-500-887,Hood v. Dumond: A Study of the Supreme Court and the Ideology of Capitalism,,1986,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Jack Michel,,134,3,657,,Ideology; Political science; Law; Supreme court; Capitalism,,,,,https://core.ac.uk/display/151686670 https://scholarship.law.upenn.edu/penn_law_review/vol134/iss3/5/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3993&context=penn_law_review https://core.ac.uk/download/151686670.pdf,http://dx.doi.org/10.2307/3312115,,10.2307/3312115,1050832711,,0,,0,true,,green
077-799-375-037-568,How to utilize notice-and-takedown procedures in IP enforcement on e-commerce platforms – a lesson from China,2021-07-03,2021,journal article,Asia Pacific Law Review,10192557; 18758444,Informa UK Limited,United Kingdom,Jie Wang,,29,2,243,263,,,,,Shanghai Planning Office of Philosophy and Social Science; Shanghai Pujiang Program,,http://dx.doi.org/10.1080/10192557.2022.2033082,,10.1080/10192557.2022.2033082,,,0,,0,false,,
078-093-622-508-016,The Place and Role of Company Law in the Codifications of West-European Commercial Law During the 19th Century,,2004,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,István Sándor,"The present study tries to summarise the role of company law in the codification process of civil law and commercial law. First, the study attempts to find the general features of the codification of company law summing up shortly the general history of company law. Later on the study describes the history of company law and commercial law in several Western-European countries. As a matter of fact the study deals with France, Italy, Spain, Portugal, Greece, Netherlands, Belgium, Germany, Austria, Switzerland, England. The study tries to grasp the common characteristics of the legal development in the foregoing countries. The study also stresses the common features of the different forms of company and describes the way how the various forms of company were separated. The study pays high attention so the influence of company law on the development of civil law and commercial law. The study takes into consideration the comparative legal approach while describing the history of company law in the Western Eur...",45,3,213,260,Sociology; Comparative law; Chinese law; Common law; Public law; Civil law (legal system); Law; Legal history; Private law; Commercial law,,,,,http://real.mtak.hu/46282/ https://core.ac.uk/download/78477791.pdf,http://dx.doi.org/10.1556/ajur.45.2004.3-4.2,,10.1556/ajur.45.2004.3-4.2,2035787219,,0,,0,true,,green
078-267-645-725-74X,Federalism and Labor Relations in the United States,,1954,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Paul R. Hays,,102,8,959,,Political science; Dual federalism; Federalism; Economic system; Labor relations,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol102/iss8/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7809&context=penn_law_review https://core.ac.uk/download/151689511.pdf,http://dx.doi.org/10.2307/3309892,,10.2307/3309892,1133489950,,0,,3,true,,green
078-404-473-344-008,The Foreign Direct Investment Regulations: A European Legal Point of View,,1969,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Eckard Rehbinder,,34,1,95,117,Business; Discount points; International trade; Open-ended investment company; Foreign direct investment; Foreign relations; Foreign portfolio investment,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3232&context=lcp https://scholarship.law.duke.edu/lcp/vol34/iss1/8/ https://core.ac.uk/display/62555732 https://core.ac.uk/download/62555732.pdf,http://dx.doi.org/10.2307/1190995,,10.2307/1190995,1563005130,,0,,1,true,,green
078-447-996-580-00X,Good Faith and Fair Dealing as an Underenforced Legal Norm,,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Paul MacMahon,"American contract law includes a duty of good faith and fair dealing in the performance of every contract. The duty appears, on first reading, to authorize judges to attach sanctions whenever one party to a contract acts unreasonably towards another. But judicial practice very often falls short of such an expansive standard. This article proposes a novel interpretation of the doctrine that accommodates both the rhetoric of good faith and fair dealing and the reality of judicial enforcement. Good faith and fair dealing, the article contends, is an underenforced legal norm. The duty is valid as a legal norm to the fullest extent, even though courts engage only in partial enforcement of that norm. This article is the first to bring the idea of underenforced legal norms into private law, drawing on the extensive literature on underenforced legal norms in constitutional law, and on analogous ideas in corporate law. The article explores the reasons why legislatures and courts might want to announce a duty whose scope extends beyond what the courts enforce. In private law, as elsewhere, the underenforcement idea allows courts to lend their expressive support to the broader norm while avoiding the negative side effects that attempted full enforcement would entail.",,,,,Political science; Constitutional law; Law; Corporate law; Doctrine; Sanctions; Duty; Enforcement; Fair dealing; Private law,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2501246_code831181.pdf?abstractid=2501246&mirid=1 http://www.minnesotalawreview.org/wp-content/uploads/2015/09/MacMahon_4fmt_PDF_FINAL.pdf https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2604127_code980940.pdf?abstractid=2442586&mirid=1&type=2 http://www.lse.ac.uk/collections/law/wps/WPS2014-22_MacMahon.pdf https://core.ac.uk/display/35434099 https://www.ssrn.com/abstract=2501246 https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=2501246 https://scholarship.law.umn.edu/mlr/276/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2442586 https://eprints.lse.ac.uk/59532/ http://eprints.lse.ac.uk/60567/1/WPS2014-22_MacMahon.pdf https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1275&context=mlr https://core.ac.uk/download/35434099.pdf,http://dx.doi.org/10.2139/ssrn.2501246,,10.2139/ssrn.2501246,2106170348,,0,007-595-775-822-027; 018-861-348-002-356; 025-323-212-332-300; 025-343-559-119-355; 030-539-838-690-314; 052-523-681-058-952; 052-569-296-339-33X; 052-648-132-677-493; 062-626-430-608-600; 066-880-715-877-408; 074-097-644-573-049; 078-981-079-195-171; 095-656-160-085-41X; 113-552-034-869-672; 117-764-014-695-230; 121-647-053-904-690; 130-688-219-312-175; 135-393-709-947-660; 138-845-753-215-276; 140-460-202-185-87X; 141-407-872-602-55X; 171-056-071-233-199; 177-218-805-539-195; 178-504-374-368-411,1,true,,green
078-487-320-985-660,"Unemployment and Drug Trafficking Among Suspects in Custody of the National Drug Law Enforcement Agency, Cross River State Command, Nigeria",2019-07-31,2019,journal article,European Scientific Journal ESJ,18577881; 18577431,"European Scientific Institute, ESI",,Emmanuel Kayode Adeniyi; Rosemary I. Eneji; J. T. Okpa,"The objective of this study is to determine the relationship between unemployment and drug trafficking in Nigeria with particular reference to suspects in custody of the National Drug Law Enforcement Agency (NDLEA), Cross River State Command. Purposive sampling technique was adopted to select one hundred and twenty-seven (127) respondents (suspects) from the study area, to which standard questionnaires were administered. The generated data were statistically analysed using Pearson Product Moment Correlation analysis to estimate the relationship under study. The findings of the study revealed that there were significant direct relationships between unemployment and drug trafficking and between un-employability and illicit drug trade. Lack of entrepreneurial skills had a positive link with drug trafficking. As a solution, the study recommended that government at all levels should create or encourage the private sector to offer, more jobs for the teeming unemployed youths, promote small and medium scale enterprises for the unemployed through empowerment programmes and provide unemployment benefits for the jobless.",15,19,191,191,Nonprobability sampling; Private sector; Agency (sociology); Business; Government; Empowerment; State (polity); Unemployment; Law enforcement; Demographic economics,,,,,https://eujournal.org/index.php/esj/article/view/12224 http://eujournal.org/index.php/esj/article/view/12224/11790 https://core.ac.uk/download/236412431.pdf,http://dx.doi.org/10.19044/esj.2019.v15n19p191,,10.19044/esj.2019.v15n19p191,2964928609,,0,008-393-147-731-408; 087-018-048-502-723; 089-782-622-848-451; 118-442-517-767-632,2,true,,bronze
078-497-845-304-396,Two European Conflicts Conventions,1998-06-01,1998,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Friedrich K. Juenger,"<jats:p>The states of the European Union have so far concluded two major conflict of laws conventions:  The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations.  Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.</jats:p>",28,3,527,,Business,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/6066/5427 https://core.ac.uk/download/pdf/322530457.pdf,http://dx.doi.org/10.26686/vuwlr.v28i3.6066,,10.26686/vuwlr.v28i3.6066,3014960658,,0,,1,true,,bronze
079-063-404-544-851,"Poverty, Democracy and Constitutional Law",,1993,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Stephen Loffredo,,141,4,1277,,Comparative law; Representative democracy; Political science; Public law; Constitutional law; Poverty; Law; Democracy; Constitutional economics,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol141/iss4/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3651&context=penn_law_review https://core.ac.uk/download/151686394.pdf,http://dx.doi.org/10.2307/3312344,,10.2307/3312344,2282181804,,0,,7,true,,green
079-162-272-232-584,Enforcement of foreign arbitral awards: a London perspective,,2017,journal article,International Journal of Diplomacy and Economy,20490887; 20490895,Inderscience Publishers,,Lughaidh Kerin; Anthony Cullen,"The virtues of international arbitration are well-known. However, without the ability to enforce foreign arbitral awards, in the event of a party to arbitration failing, refusing or otherwise not honouring the award, international arbitration becomes a paper tiger. This is why the possibility of enforcement pursuant to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is of cardinal importance. Mindful of the UK's treaty obligations under the New York Convention, this paper focuses on the enforcement of foreign arbitral awards from a London perspective. It will do so for two reasons: London has long standing and hard won reputation as one of the truly global centres of international arbitration. It is also recognised as a bellwether for international finance. In light of such recognition, this paper will examine the approach adopted by the English judiciary to international arbitration awards and ultimately their enforcement or otherwise in the courts of England and Wales.",3,4,388,398,Arbitration; Political science; Public international law; Law; Treaty; Enforcement; International arbitration; Convention; International finance; Conflict of laws,,,,,https://www.inderscience.com/link.php?id=88845 https://www.inderscienceonline.com/doi/abs/10.1504/IJDIPE.2017.088845 https://eprints.mdx.ac.uk/20335/ https://ideas.repec.org/a/ids/ijdipe/v3y2017i4p388-398.html https://core.ac.uk/download/131240636.pdf,http://dx.doi.org/10.1504/ijdipe.2017.10009676,,10.1504/ijdipe.2017.10009676,2765931726,,0,056-585-568-994-916; 098-072-452-049-453; 140-374-484-862-793,0,true,cc0,green
079-224-916-941-820,The Anti-Trust Prosecution Against the American Medical Association,,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,null Raub; D Benjamin,"Early in the year I937 Group Health Association, Inc., was organized under the laws of the District of Columbia' as a non-profit cooperative organization for the purpose of ""arranging for the provision of medical care and hospitalization to its members and their dependents on a risk-sharing prepayment basis.""2 This association (hereafter referred to as GHA) was organized voluntarily by, and membership was originally limited to, employees of Home Owners' Loan Corporation. Despite beliefs to the contrary, the only connection between the federal government and GHA was a grant of $40,000 by HOLC, made because it was felt that GHA would reduce the loss of employees' services through illness. There was some discussion in Congress of the propriety of this grant,3 but no action was taken concerning it. Subsequently, GHA members voted to include as eligible for membership all civilian employees of the executive branch of the government, a limitation imposed by GHA's charter. Since this extension ended the close association which had existed between GHA and HOLC, GHA members later voted to assess themselves to create a fund for repayment of the HOLC grant. Upon the organization of GHA, The Medical Society of the District of Columbia, an affiliate4 of the American Medical Association (hereafter referred to as AMA) initiated a policy of opposition to GHA. The legality of GHA was questioned in suits brought by the Insurance Commissioner of the District of Columbia on the ground that GHA was engaged in the insurance business, and by the United States District Attorney on the ground that GHA was a corporation engaged in the practice of medicine. The court held that GHA was engaged in neither insurance nor the practice of medicine.5",6,4,595,605,Prepayment of loan; Association (psychology); Government; Political science; Law; Charter; Loan; Corporation; Opposition (politics); Principle of legality,,,,,https://www.jstor.org/stable/1189758 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1983&context=lcp https://scholarship.law.duke.edu/lcp/vol6/iss4/10/ https://core.ac.uk/download/62558373.pdf,http://dx.doi.org/10.2307/1189758,,10.2307/1189758,70817363,,0,,1,true,,green
079-279-436-811-697,Conflict Avoidance in Practice and Theory,,1956,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Clive Maximilian Schmitthoff,,21,3,429,462,Conflict avoidance; Political science; Social psychology,,,,,https://scholarship.law.duke.edu/lcp/vol21/iss3/2/ https://core.ac.uk/display/62556926 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2684&context=lcp https://core.ac.uk/download/62556926.pdf,http://dx.doi.org/10.2307/1190305,,10.2307/1190305,1489901511,,0,,2,true,,green
079-388-270-979-651,The Interacting Areas of Regulatory Authority in Public Utilities,,1928,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Gustavus H. Robinson,,76,4,394,,Business; Regulatory authority; Public administration; Public relations,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8282&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol76/iss4/2/ https://core.ac.uk/download/151689909.pdf,http://dx.doi.org/10.2307/3307835,,10.2307/3307835,1517447483,,0,,0,true,,green
079-594-753-945-381,Consumer protection in sales transactions in Hungary,,2008,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Andrea Fejős,"Sales transactions are the basic and most frequent transaction consumers conclude in their everyday lives. Therefore, it is very important to know what rights consumers have, and which procedures and remedies are available when their rights are infringed. The paper aims to give a comprehensive overview of consumer protection issues arising out of the sales contract in Hungary, from the advertising activity, via the contract itself, and until the enforcement of consumer’s rights. Attention will be given even to consumer education and information, as important tools for making smart purchase choices. Since a wide range of issues will be covered the paper aims to give a structured summary of consumer’s rights, remedies, institutions, enforcing mechanisms, procedures and educational and information tools and methods. The approach of the paper is original as the protection of consumers is analyzed from both civil and criminal law point of views. Besides focusing onto consumer protection in Hungary in general, the paper will present some unique practical data from a smaller territorial unit, the city of Szeged.",49,4,441,468,Business; Discount points; Law; Criminal law; Consumer education; Enforcement; Advertising (activity); Consumer protection; Unit (housing); Database transaction,,,,,http://real.mtak.hu/45266/ http://repository.essex.ac.uk/23131/ https://core.ac.uk/download/78476810.pdf,http://dx.doi.org/10.1556/ajur.49.2008.4.4,,10.1556/ajur.49.2008.4.4,2125322953,,0,,0,true,,green
079-617-367-659-386,Job Security and Secondary Boycotts: The Reach of NLRA 8(b)(4) and 8(e),,1965,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Howard Lesnick,,113,7,1000,,Business; Job security; Public relations,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol113/iss7/2/ https://core.ac.uk/display/151694347 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=2415&context=faculty_scholarship https://core.ac.uk/download/151694347.pdf,http://dx.doi.org/10.2307/3310627,,10.2307/3310627,1546463205,,0,,0,true,,
080-160-525-982-604,Market Imperfections: Enforcement of the Anti-Trust Laws in a Friction-Afflicted Economy,,1953,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,G. E. Hale; Rosemary D. Hale,,102,2,157,,Economic policy; Business; Enforcement; Anti trust; Market economy,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol102/iss2/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7756&context=penn_law_review https://core.ac.uk/download/151689477.pdf,http://dx.doi.org/10.2307/3310004,,10.2307/3310004,805345246,,0,053-955-845-618-860,0,true,,green
080-277-268-358-788,Improving Cyber-Security in Turkey Via Refinements in E-Commerce Law,2011-06-01,2011,journal article,The International Journal of Management,22775846,,,Stephen E. Blythe,"Turkey enacted its Electronic Signature Law (""ESL"") in 2004. However, Turkey's E-commerce law is deficient in its failure to adopt: (1) comprehensive E-contract rules, which are essential in the enforcement of internet contracts; (2) consumer protections for E-buyers; (3) special courts for E-commerce; and (4) jurisdiction over foreign E-commerce parties. Recommended amendments are to add: (1) E-contract rules for attribution, acknowledgement-of-receipt, and the time and place that an E-communique is assumed to have been transmitted and received; (2) consumer protections; (3) Information Technology Courts; and (4) long-arm jurisdiction over foreign parties. The objectives of this article are to: (1) describe the three generations of electronic signature law; (2) analyze Turkey's Electronic Signature Law (""ESL""); and (3) make recommendations for improvement of Turkish E-commerce law. Three Generations of ?-signature Law The First Generation of ?-Signature Law: Technological Exclusivity In 1995, the U.S. State of Utah became the first jurisdiction in the world to enact an electronic signature law (Utah, 1995). In the Utah statute, digital signatures using publickey-infrastructure (""PKI"") technology were given legal recognition, but other types of electronic signatures were not. Utah was not alone in this attitude; other jurisdictions granting exclusive recognition to the digital signature and PKI include Bangladesh, India (Blythe, 2006), Malaysia, Nepal (Blythe, 2008) and Russia (Fischer, 2001). Forcing users to employ digital signatures gives them more security, but this benefit may be outweighed by the digital signature's disadvantages: more expense, lesser convenience, more complication and less adaptability to technologies used in other nations (Roland, 2001). The Second Generation of ?-Signature Law: Technological Neutrality Jurisdictions in the Second Generation did the reversal of the First Generation and did not include any technological restrictions in their statutes. They did not insist upon the utilization of digital signatures, or any other form of technology, to the exclusion of other types of electronic signatures. These jurisdictions have been called ""permissive"" because they take an open-minded, liberal perspective on ?-signatures and do not contend that any one of them is necessarily better than the others. Examples of permissive jurisdictions include the majority of states in the United States (Blythe, 2005 and Blythe, 2008), the United Kingdom (Blythe, 2005, 2008) and Australia and New Zealand (Fischer, 2001). The disadvantage ofthe permissive perspective is that it does not take into account that the digital signature offers more security than other types of ?-signatures (Blythe, 2009). The Third Generation of ?-Signature Law: A Hybrid Singapore was in the vanguard of the Third Generation. In 1998, this country adopted a compromise position with respect to the various types of electronic signatures. Singapore's lawmakers were influenced by the UNCITRAL Model Law on Electronic Commerce (United Nations, 1996). Singapore adopted a ""hybrid"" model - a preference for the digital signature and PKI in terms of greater legal presumption of reliability and security, but not to the exclusion of other forms of electronic signatures. The digital signature is given more respect under the Singapore statute, but it was not granted a monopoly as in the first generation. This technological open-mindednessis commensurate with a global perspective and allows parties to more easily consummate electronic transactions with parties from other nations. Although granting legal recognition to most types of ?-signatures, the Singapore statute makes a strong suggestion to users - in two ways - that they should use the digital signature because it is more reliable and more secure than the other types of E-signatures: (1) digital signatures employing PKI are given more respect under rules of evidence in a court of law than other forms of electronic signatures, and ? …",28,2,478,,Digital signature; Economics; Statute; Electronic signature; Law; Jurisdiction; Neutrality; Presumption; Monopoly; Computer security; E-commerce,,,,,https://www.questia.com/library/journal/1P3-2368408221/improving-cyber-security-in-turkey-via-refinements,https://www.questia.com/library/journal/1P3-2368408221/improving-cyber-security-in-turkey-via-refinements,,,237581960,,0,,1,false,,
080-323-762-759-434,GATT and NAFTA: Marrying Effective Dispute Settlement and the Sovereignty of the Fifty States,,1995,journal article,Duke Law Journal,00127086,JSTOR,United States,Samuel C. Straight,,45,1,216,254,Dispute resolution; Alternative dispute resolution; Dispute mechanism; Dispute board; Political science; Sovereignty; Law; Dispute settlement,,,,,https://scholarship.law.duke.edu/dlj/vol45/iss1/6/ https://core.ac.uk/display/62549261 https://core.ac.uk/download/62549261.pdf,http://dx.doi.org/10.2307/1372952,,10.2307/1372952,1552473181,,0,,3,true,,
080-332-445-249-312,Conflict and Contract Law,2018-04-24,2018,journal article,Oxford Journal of Legal Studies,01436503; 14643820,Oxford University Press (OUP),United Kingdom,Paul MacMahon,"This article examines an under-explored reason to have contract law: conflict minimization. An important function of contract law, the article contends, is to diminish the wasted time, effort, and resources spent on disputes over economic exchange, and to reduce the incidence of harm resulting from these disputes. Minimizing conflict typically serves the parties’ own interests, and it also serves the public interest in social peace. These insights have implications not just for contract law as a whole but also for its doctrinal details. The article thus discusses how several doctrines of substantive contract law help to minimize conflict, without claiming that currently prevailing contract law regimes are perfectly adapted to this aim. Finally, it defends the normative claim that conflict minimization should be considered one of contract law’s goals.",38,2,270,298,Economics; Law; Public interest; Harm; Economic exchange; Normative; Function (engineering),,,,,https://academic.oup.com/ojls/article-pdf/38/2/270/32374587/gqy011.pdf http://eprints.lse.ac.uk/86638/ https://core.ac.uk/display/146492423 https://academic.oup.com/ojls/article-abstract/38/2/270/4985471 https://core.ac.uk/download/146492423.pdf,http://dx.doi.org/10.1093/ojls/gqy011,,10.1093/ojls/gqy011,2786212529,,0,,0,true,,green
080-704-018-769-772,The Extraterritorial Application of American Law: A Methodological and Constitutional Appraisal,,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Lea Brilmayer,,50,3,11,38,Political science; Law; Jurisdiction; Conflict of laws,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3901&context=lcp https://scholarship.law.duke.edu/lcp/vol50/iss3/2/ https://core.ac.uk/display/62554434 https://digitalcommons.law.yale.edu/fss_papers/2425/ https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3427&context=fss_papers https://core.ac.uk/download/62554434.pdf,http://dx.doi.org/10.2307/1191661,,10.2307/1191661,1558946684,,0,,7,true,,green
080-858-177-609-073,Personal Property Lease Financing: The Lender's Point of View,,1963,journal article,Duke Law Journal,00127086,JSTOR,United States,Frederick R. H. Witherby,,1963,1,98,,,,,,,https://core.ac.uk/download/62552362.pdf,http://dx.doi.org/10.2307/1371071,,10.2307/1371071,,,0,,0,true,,green
080-908-065-138-96X,The Assignment of Unearned Book Accounts,,1927,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Frederick L. Clark,,75,8,681,,,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol75/iss8/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8171&context=penn_law_review https://core.ac.uk/download/151689893.pdf,http://dx.doi.org/10.2307/3307431,,10.2307/3307431,762247986,,0,,0,true,,green
081-079-835-650-064,Does the NCAA Play Fair? A Due Process Analysis of NCAA Enforcement Regulations,,1992,journal article,Duke Law Journal,00127086,JSTOR,United States,Robin J. Green,,42,1,99,144,Accounting; Business; Enforcement; Process analysis; Public relations,,,,,https://scholarship.law.duke.edu/dlj/vol42/iss1/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3198&context=dlj https://core.ac.uk/display/62549439 https://core.ac.uk/download/62549439.pdf,http://dx.doi.org/10.2307/1372755,,10.2307/1372755,1551012493,,0,,4,true,,green
081-386-840-361-005,And they lived happily ever after UPC Telekabel: a copyright fairy tale or a chance to strike a fair balance?,,2015,journal article,Queen Mary Journal of Intellectual Property,20459807; 20459815,Edward Elgar Publishing,United Kingdom,Giulia Dore,"The case concerns a request for a preliminary ruling by the EU Court of Justice on the interpretation of Article 8(3) of the Directive 2001/29/EC, and of certain fundamental rights protected by European Union law",5,2,226,235,Sociology; Law; Balance (metaphysics); Intellectual property,,,,,https://dspace.stir.ac.uk/bitstream/1893/23093/1/DORE%20GIULIA_accepted%20paper_Comment_CJEU_Case%20314_12_UPC%20Telekabel.pdf https://www.elgaronline.com/view/journals/qmjip/5-2/qmjip.2015.02.07.xml https://dspace.stir.ac.uk/handle/1893/23093?mode=full https://core.ac.uk/download/42545388.pdf,http://dx.doi.org/10.4337/qmjip.2015.02.07,,10.4337/qmjip.2015.02.07,1526801577,,0,,1,true,cc0,green
081-555-684-387-346,Balfour V Balfour and the separation of contract and promise,,2017,journal article,Legal Studies,02613875; 1748121x,Cambridge University Press (CUP),United States," Saprai","In 1919, Balfour v Balfour gave birth to the intention to create legal relations doctrine in contract law. In a dispute between a husband and wife, Lord Justice Atkin said that domestic commitments were not within the jurisdiction of contract law. It has had profound implications for how contract cases are decided, and how contract law is understood. In this paper, I focus on the radical implications of this doctrine for contract theory. Charles Fried said famously that contracts are promises. But if contracts are promises, why is it that contract law requires not only promise, but after Balfour a further intention, that the promise be legally enforceable? That tension between the promise theory of contract and the intention to create legal relations doctrine has led some to doubt the place of promise in contract. Dori Kimel, for example, says that the doctrine is a portal between the realm of promise, where people are attached, and the realm of contract, where detachment prevails. But such dichotomies are misleading. Contract is not separate from promise. It is one of the ways that promise fulfils its function of giving meaning and shape to human relationships.",37,3,468,492,Economic Justice; Sociology; Law; Doctrine; Jurisdiction; Realm; Wife; Meaning (existential); Function (engineering); Contract theory,,,,,https://onlinelibrary.wiley.com/doi/abs/10.1111/lest.12162 https://www.cambridge.org/core/journals/legal-studies/article/balfour-v-balfour-and-the-separation-of-contract-and-promise/4D763F1CAAFE8169388F40FCCAE16B77 https://discovery.ucl.ac.uk/id/eprint/1522477/ https://core.ac.uk/display/79541368 https://core.ac.uk/download/pdf/79541368.pdf,http://dx.doi.org/10.1111/lest.12162,,10.1111/lest.12162,2594483164,,0,,1,true,,green
081-585-469-667-238,UNCOMMON LAW:THE PRIVATIZATION OF DISPUTE RESOLUTION ACROSS THE POND,2012-11-21,2012,journal article,The Denning Law Journal,02691922,University of Buckingham Press,,Chris Carr; Michael R. Jencks,"The common law remains one of the most important legacies we Americans received from our shared history and roots with England, and a birthright our citizens share with those of the United Kingdom. Not only did the common law serve as the model for our own jurisprudence, but generations of American lawyers, including many of our founding fathers, early presidents, and most eminent early jurists, were trained on Lord Coke's Commentary on Littleton and Report/ and understood and embraced Lord Coke's admonition to let not cases be committed:",15,1,7,41,Dispute resolution; Kingdom; Common law; Political science; Law; Shared history; Jurisprudence,,,,,http://www.bjll.org/index.php/dlj/article/view/289 http://ubplj.org/index.php/dlj/article/view/289/317 http://ubplj.org/index.php/dlj/article/view/289 https://core.ac.uk/download/pdf/235244259.pdf,http://dx.doi.org/10.5750/dlj.v15i1.289,,10.5750/dlj.v15i1.289,1650997065,,0,,0,true,cc-by-nc,gold
081-610-961-874-273,Challenges to the Legality of Minibridge Transportation Systems,,1978,journal article,Duke Law Journal,00127086,JSTOR,United States,Fred Thompson,,1978,5,1233,,,,,,,https://core.ac.uk/download/62550530.pdf,http://dx.doi.org/10.2307/1372114,,10.2307/1372114,,,0,,0,true,,
082-271-516-909-207,Approaching Comparative Company Law,,2008,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,David C. Donald,"This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative law. Part II discusses some relatively famous examples of comparative analysis gone astray in order to demonstrate the utility of heeding the outlined points of caution. The second section offers a framework for approaching comparative company law. Part III provides an example of using functional definition to demarcate the topic ""company law"", offering an ""effects"" test to determine whether a given provision of law should be considered as functionally part of the rules that govern the core characteristics of companies. It does this by presenting the relevant company law statutes and related topical laws of Germany, the United Kingdom and the United States, using Delaware as a proxy for the 50 states. On the basis of this definition, Part IV analyzes the system of legal functions that comprises ""company law"" in the United States and the European Union. It selects as the predominant factor for consideration the jurisdictions, sub-jurisdictions and rule-making entities that have legislative or rule-making competence in the relevant territorial unit, analyzes the extent of their power, presents the type of law (rules) they enact (issue), and discusses the concrete manner in which the laws and rules of the jurisdictions and sub-jurisdictions can legally interact. Part V looks at the way these jurisdictions do interact on the temporal axis of history, that is, their actual influence on each other, which in the relevant jurisdictions currently takes the form of regulatory competition and legislative harmonization. The method of the approach outlined in this paper borrows much from system theory. The analysis attempts to be detailed without losing track of the overall jurisdictional framework in the countries studied.",,,,,Comparative law; Philosophy of law; Economics; Statute; Public law; Law; Corporate law; Regulatory competition; Private law; Commercial law,,,,,https://core.ac.uk/display/144227437 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1092452 https://ssrn.com/abstract=1092452 https://core.ac.uk/download/144227437.pdf,http://dx.doi.org/10.2139/ssrn.1092452,,10.2139/ssrn.1092452,1597253230,,0,088-952-988-613-617; 093-304-413-636-397,2,true,,green
082-423-823-428-809,The Legal Framework of Trade Between Planned and Market Economies: The Soviet-American Example,,1959,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Harold J. Berman,,24,3,482,528,Nonmarket forces; Economics; Market analysis; Factor market; Market share analysis; Market economy; Market microstructure,,,,,https://core.ac.uk/display/62556704 https://scholarship.law.duke.edu/lcp/vol24/iss3/7/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2807&context=lcp https://core.ac.uk/download/62556704.pdf,http://dx.doi.org/10.2307/1190455,,10.2307/1190455,1553411214,,0,,5,true,,green
082-443-683-678-555,Observations on the Definition of Public Policy (Ordre Public) in Swiss Arbitration Law,,2012,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Ádám Boóc,"This study deals with the notion of public policy (ordre public) in Swiss international arbitration. The paper analyzes the relevant paragraphs of IPRG, the Swiss Act on Private International Law. Based on legal authorities one can read about the distinction between procedural and substantive public policy in Swiss law. The paper describes several cases, in which the awards of the Court of Arbitration for Sport (Tribunal Arbitral du Sport) were challenged at the Federal Tribunal of Switzerland based on the alleged breach of public policy. The author discusses the question whether there can be a supra-national, universal interpretation of the notion of public policy in Swiss law, which is based on the fundamental legal and moral values of the civilized nations.",53,3,181,192,Public policy; Sociology; Arbitration; Law; Tribunal; International arbitration; Interpretation (philosophy); Conflict of laws,,,,,https://akjournals.com/view/journals/026/53/3/article-p181.xml http://real.mtak.hu/43424/ https://core.ac.uk/download/78475046.pdf,http://dx.doi.org/10.1556/ajur.53.2012.3.1,,10.1556/ajur.53.2012.3.1,2041828967,,0,,1,true,,green
082-566-500-220-69X,The Emergency Price Control Act of 1942: Administrative Procedure and Judicial Review,,1942,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Nathaniel L. Nathanson,"rity before the passage of the Emergency Price Control Act of I942.1 When the Administrator took office under the statute,2 o105 price schedules had already been issued pursuant to the authority conferred by executive order.3 Administrative procedures had been shaped in the light of the tasks at hand and the skilled personnel available; contact between the office and the courts had been practically non-existent.4 In many respects the statute requires no changes in the informal procedures thus developed. It does, however, provide a pattern for the issuance, reconsideration and judicial review of the regulations and orders of the Administrator.",9,1,60,76,Business; Statute; Law; Control (management); Public administration; Judicial review; Administrative law,,,,,https://scholarship.law.duke.edu/lcp/vol9/iss1/5/ https://core.ac.uk/display/62558084 https://www.jstor.org/stable/1189807 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2119&context=lcp https://paperity.org/p/84881439/the-emergency-price-control-act-of-1942-administrative-procedure-and-judicial-review https://core.ac.uk/download/62558084.pdf,http://dx.doi.org/10.2307/1189807,,10.2307/1189807,1594215976,,0,,1,true,,green
082-711-057-072-255,Discussion of the electronic business security management path,,2012,journal article,Technological Development of Enterprise,10068937,,,LI Wen-long,"This article through the analysis of electronic business security management exists,discussed to prevent the security problem of e-commerce law,technology and supervision means.The article thinks,on one hand,to constantly improve the electronic commerce legislation and law enforcement,increase e-commerce crime punishment;on the other hand,in enhancing the interests of consumers in e-commerce security consciousness at the same time,but also from the technical means to enhance the security of electronic commerce management,build perfect safety management system.If in the electronic commerce to multiple pathways and catch,will be able to achieve a perfect electronic business security management objective.",,,,,Security information and event management; Security through obscurity; Computer security model; Business; Cloud computing security; Security service; Computer security; Security convergence; Information security; Security management,,,,,http://en.cnki.com.cn/Article_en/CJFDTOTAL-QYJK201210045.htm,http://en.cnki.com.cn/Article_en/CJFDTOTAL-QYJK201210045.htm,,,2373986204,,0,,0,false,,
082-715-526-917-774,Challenges of authentication and certification of e-awards in Dubai and before the Dubai International Financial Centre courts: the electronic signature,2016-11-05,2016,journal article,Digital Evidence and Electronic Signature Law Review,20548508; 17564611,School of Advanced Study,Spain,Omar Husain jamil Qouteshat,"This article evaluates whether an electronic signature is sufficient to fulfil the authentication requirement stated under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (NYC) article IV(1)(a) before the Dubai and Dubai International Financial Centre (DIFC) courts. Dubai is one of the few countries with two jurisdictions in one country. The party who is seeking the enforcement of the award in Dubai may enforce it before the Dubai or the DIFC courts, so the purpose of the comparison is to discuss whether the winning party may benefit from the DIFC. To achieve the objective of the study, this paper evaluates the ability to exclusively rely on secured electronic signatures to fulfil the requirement stated under article IV(1)(a), and to generally consider the validity of the electronic signature in the Dubai and DIFC courts. Index words: United Arab Emirates; Dubai International Financial Centre; electronic signature; digital signature; arbitration; e-commerce; enforcement; arbitration agreements; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Federal Law 1/2006 on Electronic Transactions and Commerce",13,0,97,112,Finance; Digital signature; Business; Authentication (law); Arbitration; Electronic signature; Law; Federal law; Enforcement; Convention; Certification,,,,,https://journals.sas.ac.uk/deeslr/article/view/2300 http://clok.uclan.ac.uk/20466/ https://core.ac.uk/display/109962123 https://core.ac.uk/download/109962123.pdf,http://dx.doi.org/10.14296/deeslr.v13i0.2300,,10.14296/deeslr.v13i0.2300,2557009263,,0,,0,true,cc-by-nc-nd,gold
082-790-531-772-338,The fragmentation of intermediary liability in the UK,2013-06-05,2013,journal article,Journal of Intellectual Property Law & Practice,17471532; 17471540,Oxford University Press (OUP),,Daithi Mac Sithigh,"This article argues that the system for intermediary liability (for mere conduits, hosts and search engines) is splitting into a number of different systems. In the case of copyright, intermediaries (particularly mere conduits) have new duties. However, regarding defamation (and to a lesser extent privacy), new schemes are reducing the liability risk of hosts—under certain circumstances. The result is that the single system of the Electronic Commerce Directive is being replaced by a mixture of EU and national legislation, revived common law doctrines and specific provisions for particular areas of law.",8,7,521,531,Accounting; Intermediary; Business; Market fragmentation; Common law; Law and economics; Legislation; Liability; Directive,,,,,https://www.research.ed.ac.uk/portal/en/publications/the-fragmentation-of-intermediary-liability-in-the-uk(920800d0-aa99-4a30-8820-d893585d56c8)/export.html http://www.research.ed.ac.uk/portal/en/publications/the-fragmentation-of-intermediary-liability-in-the-uk(920800d0-aa99-4a30-8820-d893585d56c8).html https://academic.oup.com/jiplp/article-abstract/8/7/521/864887 https://pure.qub.ac.uk/en/publications/the-fragmentation-of-intermediary-liability-in-the-uk https://core.ac.uk/download/28972035.pdf,http://dx.doi.org/10.1093/jiplp/jpt094,,10.1093/jiplp/jpt094,2164314883,,0,,1,true,,green
082-806-983-693-132,James Buchanan as a Lawyer,,1912,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,C. L. Miller,,60,8,546,,Philosophy; Law and economics; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol60/iss8/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7259&context=penn_law_review https://core.ac.uk/display/151689271 https://core.ac.uk/download/151689271.pdf,http://dx.doi.org/10.2307/3313240,,10.2307/3313240,760461296,,0,,1,true,,
083-003-605-903-507,Horizontal Restraint Regulations in the EU and the US in the Era of Algorithmic Tacit Collusion,2018-06-07,2018,journal article,UCL Jurisprudence Review,,,,Catalina Gonzalez Verdugo,"The fast development and improvement of e-commerce through various tools such as data mining, artificial intelligence and complex pricing algorithms has not gone unnoticed. Concerns about how new technologies can impact competition law have started to be raised by the academic world and various regulatory authorities. Specifically, the degree to which computer algorithms have the effect of inducing or enhancing tacit collusion is one of the most challenging topics for enforcement. Notwithstanding the question of whether algorithms should be per se regulated and how this can be achieved, in regard to tacit collusion scenarios enhanced by algorithms, we do have available tools that may be used to tackle it. This article will discuss whether the current regulation on horizontal restraints in the EU and the US could be appropriate for dealing with an algorithmic tacit collusion if such cases appear today.",7,1,,,Emerging technologies; Competition law; Tacit collusion; Enforcement; Current regulation; Industrial organization; Computer science,,,,,http://ojs.lib.ucl.ac.uk/index.php/LaJ/article/view/1798 https://discovery.ucl.ac.uk/10049901/ https://student-journals.ucl.ac.uk/laj/article/id/805/,http://ojs.lib.ucl.ac.uk/index.php/LaJ/article/view/1798,,,2883074587,,0,,0,false,,
083-094-677-229-677,"“We can’t wait for the bugs to spread” rhetorics of time, space and biosecurity in global health law",2018-04-03,2018,journal article,Transnational Legal Theory,20414005; 20414013,Informa UK Limited,,John Harrington,"Work on global health law is often based on a diffusionist and functionalist model which sees legal initiatives from ‘centres’, such as Washington or Geneva, responding to new disease threats and a...",9,2,85,109,Work (electrical); Political science; Law; Biosecurity; Time space; East africa; New disease; Global health,,,,,https://orca.cardiff.ac.uk/117102/ https://www.tandfonline.com/doi/full/10.1080/20414005.2018.1557395 https://core.ac.uk/download/161866079.pdf,http://dx.doi.org/10.1080/20414005.2018.1557395,,10.1080/20414005.2018.1557395,2904485558,,0,,3,true,,green
083-112-789-164-405,"Executive Authority and Antitrust Considerations in ""Voluntary"" Limits on Steel Imports",,1969,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Detlef G. Lehnardt,,118,1,105,,Business; International economics,,,,,http://dx.doi.org/10.2307/3311127 https://core.ac.uk/download/151688269.pdf,http://dx.doi.org/10.2307/3311127,,10.2307/3311127,2797170231,,0,,0,true,,
083-984-316-129-966,A Practical Method for the Determination of Business Fact,,1934,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Philip G. Phillips,,82,3,230,,Business; Business administration; Process management,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8640&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol82/iss3/3/ https://core.ac.uk/download/151690061.pdf,http://dx.doi.org/10.2307/3307934,,10.2307/3307934,821682489,,0,,0,true,,green
084-282-148-501-465,Jurisdictional Countermeasures Versus Extraterritoriality in International Law,2016-01-01,2016,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Seyed Yaser Ziaee,"Sovereignty is the reason why States seek to apply their jurisdictions. All States like to extend their jurisdictions as far as they can, so some of them have adopted extraterritorial policies in exercising their jurisdictions. In this manner the United States has approved several extraterritorial Laws in respect of competition law and sanctions, causing some coercion to non-target states. In response to this long-arm jurisdiction by the U.S., some countries, such as the U.K., Canada, Australia, Mexico etc., as well as the E.U., took actions of their own in order to nullify these extraterritorial laws. These measures, which are mostly applied to the jurisdictional field, could be described as jurisdictional countermeasures. They can be divided into prescriptive, adjudicative and executive measures, which include blocking statutes, claw-back statutes, non-recognition, procedural restrictions, non-execution and retaliatory measures. Not all of these measures are prohibited by international law and some can be viewed as a just retorsion against that State. However, where the application of these measures is prohibited by international law – in cases such as the non-recognition of foreign judgments and other jurisdictional regulations in international treaties like mutual judicial assistance agreements – they are countermeasures. If these actions are in response to an illegal extraterritorial law, they should comply with the conditions for countermeasures as cited in the Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001 as approved by the International Law Commission.",4,4,27,45,Statute; Political science; Sovereignty; Law; Coercion; Competition law; Jurisdiction; Sanctions; Extraterritoriality; International law,,,,,https://cyberleninka.ru/article/n/jurisdictional-countermeasures-versus-extraterritoriality-in-international-law/pdf https://core.ac.uk/display/87812231 https://www.russianlawjournal.org/jour/article/download/206/146 https://www.russianlawjournal.org/jour/article/view/206/146 https://cyberleninka.ru/article/n/jurisdictional-countermeasures-versus-extraterritoriality-in-international-law https://core.ac.uk/download/pdf/234045866.pdf,http://dx.doi.org/10.17589/2309-8678-2016-4-4-27-45,,10.17589/2309-8678-2016-4-4-27-45,2593476741,,0,,0,true,cc-by-nc-nd,gold
084-425-769-150-966,The Evolving Regulation of the Media in Europe as an Instrument for Freedom and Pluralism,,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Elda Brogi; Pier Luigi Parcu,"European regulation of the media is influenced by the economic regulation of networks, contents, and e-commerce, to which it is very close. However, media regulation has one peculiar differentiating characteristic: it cannot concentrate only on market competition, as the rest of modern economic regulation does, but has to pursue other fundamental values. In particular, media pluralism and media freedom emerge as policy goals that are essential for democracy and human rights in Europe. In this paper, we discuss the EU’s search for a point of equilibrium in Member States’ resistance to the relinquishing of their power in the sector; we describe the current debate, and suggest some possible directions for development.",,,,,Political economy; Human rights; Political science; Pluralism (political theory); Media regulation; Market competition; Member states; Single market; Democracy; Economic system; Freedom of the press,,,,,https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=2397725 https://core.ac.uk/display/45683943 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2397725_code2172473.pdf?abstractid=2397725&mirid=2 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2397725 https://www.ssrn.com/abstract=2397725 https://core.ac.uk/download/pdf/45683943.pdf,http://dx.doi.org/10.2139/ssrn.2397725,,10.2139/ssrn.2397725,2125515527,,0,053-815-811-107-195; 061-420-038-909-978; 104-124-853-905-916; 143-415-506-739-882; 149-461-654-769-536; 151-497-259-175-590; 156-234-005-239-125,2,true,,green
084-593-147-031-439,Trademark Assignment with Goodwill: A Concept Whose Time Has Gone,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Irene Calboli,"Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. Unsurprisingly, the consequence has been inconsistent case law. More recently, the discrepancy between the rule and its enforcement has escalated, with the courts de facto drifting away from the goodwill requirement in assessing the validity of trademark assignments. Still, this trend has not established a clear path to what represents a valid assignment, and much confusion continues to surround the application of the rule. Arguing against this situation, this Article advocates for an amendment allowing free trademark transferability or assignment with or without goodwill. In support of this change, and despite common skepticism, this Article offers evidence that this amendment will not diminish but will likely foster consumer protection and competition in the marketplace.",57,4,771,842,Economics; Common law; Law; Premise; Goodwill; Trademark; Enforcement; Context (language use); Consumer protection; Intellectual property,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1017450_code451506.pdf?abstractid=676910&rulid=4356332&mirid=4 https://ink.library.smu.edu.sg/sol_research/1600/ https://core.ac.uk/display/148685974 http://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1555&context=facscholar https://www.ssrn.com/abstract=676910 https://works.bepress.com/irene_calboli/28/download/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=676910 https://works.bepress.com/irene_calboli/200/ https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1017450_code451506.pdf?abstractid=676910&mirid=1&type=2 https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1555&context=facscholar https://scholarship.law.marquette.edu/facpub/542/ https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1534&context=facpub https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3552&context=sol_research https://core.ac.uk/download/35457192.pdf,http://dx.doi.org/10.2139/ssrn.676910,,10.2139/ssrn.676910,1571178347,,0,017-228-065-577-977; 038-636-260-140-003; 060-575-031-706-027; 191-789-141-417-529,3,true,cc-by-nc-nd,green
084-622-694-605-438,Extraterritorial reach of the FCPA: recommendations for U.S. medical device companies with activities in Europe.,,2010,journal article,Food and drug law journal,1064590x,Food and Drug Law Institute,United States,Erik Vollebregt,"Traditionally medical devices companies manage business compliance with anti-corruption and anti-fraud rules in a document-oriented way that does not always yield optimal results for the company. As a result, compliance issues are not optimally managed by the companies. Now that medical devices companies become ever more internationally active, they must also take into account the international dimensions of business compliance. This article intends to provide U.S. medical devices companies with activities in Europe with an insight in business compliance risks in the European Union (EU) and the risks related to U.S. statutes that may be applicable to a U.S. company's activities overseas. The article proposes a process-oriented and IT-supported way of structuring an international business compliance program, resulting in increased effectiveness of the program and increased competitiveness and risk management of the company as well as a high degree of acceptance of the procedures by the company's employees.",65,2,347,"65, iii",Accounting; Business; Statute; International business; Compliance (psychology); European union; Medical device; Risk management; Commerce; Yield (finance),,Codes of Ethics/legislation & jurisprudence; Commerce/legislation & jurisprudence; Equipment and Supplies; Europe; European Union; Fraud/legislation & jurisprudence; Health Care Sector/legislation & jurisprudence; Humans; International Cooperation; Law Enforcement; United States,,,https://www.ncbi.nlm.nih.gov/pubmed/24475545,https://www.ncbi.nlm.nih.gov/pubmed/24475545,24475545,,2415755865,,0,,0,false,,
084-628-006-997-341,Regulation by Blockchain: the Emerging Battle for Supremacy between the Code of Law and Code as Law,2019-03-05,2019,journal article,The Modern Law Review,00267961; 14682230,Wiley,United Kingdom,Karen Yeung,"Many advocates of distributed ledger technologies (including blockchain) claim that these technologies provide the foundations for an organisational form that will enable individuals to transact with each other free from the travails of conventional law, thus offering the promise of grassroots democratic governance without the need for third party intermediaries. But does the assumption that blockchain systems will operate beyond the reach of conventional law withstand critical scrutiny? This is the question which this paper investigates, by examining the intersection and interactions between conventional law promulgated and enforced by national legal systems (ie the ‘code of law’) and the internal rules of blockchain systems which take the form of executable software code and cryptographic algorithms via a distributed computing network (‘code as law’). It identifies three ways in which the code of law may interact with code as law, based primarily on the intended motives and purposes of those engaged in activities in developing, maintaining or undertaking transactions upon the network, referring to the use of blockchain: (a) with the express intention of evading the substantive limits of the law (‘hostile evasion’); (b) to complement and/or supplement conventional law with the aim of streamlining or enhancing compliance with agreed standards (‘efficient alignment’); and (c) to co-ordinate the actions of multiple participants via blockchain to avoid the procedural inefficiencies and complexities associated with the legal process, including the transaction, monitoring and agency costs associated with conventional law (‘alleviating transactional friction’). These different classes of case are likely to generate different dynamic interactions between the blockchain code and conventional legal systems, which I describe respectively as ‘cat and mouse’, the ‘joys of (patriarchial) marriage’ and ‘uneasy coexistence and mutual suspicion’ respectively. ; I argue that the emerging response of conventional law in the first two kinds of case can be readily anticipated and understood. While the first class of case threatens to undermine the rule of law and which national legal systems can be expected to take positive action to safeguard, the second class of case does precisely the opposite: reinforcing the primacy and sovereignty of national law, and hence blockchain applications falling within this class are likely to be regarded as a welcome development by conventional legal systems. But it is the law’s response to the third category of applications (‘alleviating transactional friction') that is the most difficult to predict, due to the normative ambiguity of these applications. Whether the conventional law ought to intervene to oversee these systems raises fundamental tensions between the sovereignty of law in modern legal systems, including the universal coverage of the rule of law and its guarantee of security (which includes, but extends beyond, providing transactional security), on the one hand, and respect for individual autonomy and freedom of association on the other. I argue that, to the extent that the exercise of agency and freedom of association by a group of individuals results in adverse consequences for third parties and the broader public, state intervention via the code of law is normatively justified. Accordingly, the critical challenge is to identify the conditions and circumstances in which this threshold is reached in concrete contexts in order to justify the assertion of supremacy by conventional law over activities taking place on and arising out of blockchain systems.",82,2,207,239,Agency (philosophy); Intermediary; Business; Sovereignty; Law; Freedom of association; Rule of law; Assertion; Intervention (law); Database transaction,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3206546_code830937.pdf?abstractid=3206546&mirid=1 https://research.birmingham.ac.uk/portal/en/publications/regulation-by-blockchain(685f8675-9f1f-448a-a1b0-490e1669a7f4).html https://research.birmingham.ac.uk/portal/files/52787665/Regulation_by_Blockchain.pdf https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3206546 https://www.ssrn.com/abstract=3347280 https://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12399 https://core.ac.uk/download/pdf/185509442.pdf,http://dx.doi.org/10.1111/1468-2230.12399,,10.1111/1468-2230.12399,2896013446,,0,,36,true,cc0,green
084-847-335-954-924,Laidlaw: Redressing the Law of Redressability,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Harold J. Krent,"Although much of standing doctrine protects decisionmaking by Congress and the executive branch, the Supreme Court ironically has more recently used standing doctrine to enhance its own power at the expense of Congress. In cases such as Lujan v. Defenders of Wildlife and Raines v. Byrd, the Court invalidated congressional grants of standing. The Court has transmuted standing from a means of protecting the majoritarian process into a judicial weapon that can override congressional judgments about the optimal enforcement of particular laws. Lujan contemplates that courts must independently assess each congressionally created injury to assure that the injury is individuated enough to satisfy the case or controversy requirement. The Court's determination last term in Friends of the Earth, Inc. v. Laidlaw Environmental Services, however, suggests that the Court is now willing to defer more to congressional creation of interests whose violation creates the necessary injury to give rise to standing. In finding that the environmental injury in Lujan was redressable, the Court arguably deferred to Congress's judgment that there was a significant risk of recurring harm in Clean Water Act cases. Imposing a fine on the defendant might redress the harm by deterring continued wrongdoing. This Article applauds that result. Congress has greater ability to assess social, economic, and technological trends that underlie the inquiry whether injury is likely to recur and whether a particular remedy is likely to deter the unlawful conduct. At the same time, encouraging such findings facilitates deliberation within Congress, and the findings enhance the transparency of legislative action. The Article then examines the extent to which courts should defer to congressional judgments that illuminate the link between relief and injury. It concludes that substantial deference to congressional factfinding is warranted unless Congress attempts to assure redressability merely by creating a stake in the litigation itself, as through a bounty or attorney's fee.",,,,,Political science; Law; Doctrine; Redress; Harm; Wrongdoing; Supreme court; Enforcement; Deference; Legislature,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID259166_code010313510.pdf?abstractid=259166&mirid=1 https://www.ssrn.com/abstract=259166 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID259166_code010313510.pdf?abstractid=259166&mirid=1&type=2 https://core.ac.uk/display/62546993 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=259166 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=259166 https://core.ac.uk/download/62546993.pdf,http://dx.doi.org/10.2139/ssrn.259166,,10.2139/ssrn.259166,1591517326,,0,,0,true,,green
084-888-636-230-867,The Jurisdiction of Federal Courts in Labor Disputes,,1948,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ray Forrester,,13,1,114,131,Business; Subject-matter jurisdiction; Law; Jurisdiction; Labor disputes; Intervention (law); Original jurisdiction,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2341&context=lcp https://core.ac.uk/display/62557628 https://scholarship.law.duke.edu/lcp/vol13/iss1/5/ https://core.ac.uk/download/62557628.pdf,http://dx.doi.org/10.2307/1190105,,10.2307/1190105,1499523100,,0,,0,true,,
084-931-237-727-754,How the Spending Clause Can Solve the Dilemma of State Sovereign Immunity from Intellectual Property Suits,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Jennifer Cotner,,51,2,713,752,Sovereign immunity; Economics; Constitutional law; Law; Dilemma; Intellectual property; Federalism; Municipal law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1142&context=dlj https://scholarship.law.duke.edu/dlj/vol51/iss2/7/ https://core.ac.uk/download/62548892.pdf,http://dx.doi.org/10.2307/1373208,,10.2307/1373208,32614873,,0,,0,true,,green
085-133-552-878-325,"Arbitration of employment-discrimination lawsuits: Legalities, practicalities, and realities",,2002,journal article,The Cornell Hotel and Restaurant Administration Quarterly,00108804; 15523853,SAGE Publications,United States,David Sherwyn,"Abstract Arbitration agreements can be an effective, cost-effective way to settle employment disputes-but not all courts agree about what constitutes an enforceable contract.",43,6,62,72,Business; Labour economics; Arbitration; Compulsory arbitration; Law and economics; Employment discrimination,,,,,https://www.sciencedirect.com/science/article/pii/S0010880402800726 https://works.bepress.com/david_sherwyn/22/ http://scholarship.sha.cornell.edu/articles/399/ https://core.ac.uk/download/pdf/145015831.pdf,http://dx.doi.org/10.1016/s0010-8804(02)80072-6,,10.1016/s0010-8804(02)80072-6,1988184856,,0,005-600-316-811-661; 154-671-292-113-455,4,true,,green
085-442-030-592-492,"Explaining workplace delinquency: The role of Honesty–Humility, ethical culture, and employee surveillance",,2015,journal article,Personality and Individual Differences,01918869,Elsevier BV,United Kingdom,Reinout E. de Vries; Jean-Louis van Gelder,"In this research the effects of personality and organizational characteristics on workplace delinquency were investigated. In a sample of 455 respondents from a wide variety of organizations, two personality traits, HEXACO Honesty–Humility and Conscientiousness, and two organizational characteristics, ethical culture and employee surveillance, explained a significant amount of variance in workplace delinquency. No interaction effects between personality and organizational practices in the explanation of workplace delinquency were found. Results are discussed in light of the role of personality and Routine Activity Theory in predicting unethical behaviors, delinquency, and/or occupational crime in organizations",86,,112,116,Psychology; Conscientiousness; Personality; Variance (accounting); Honesty; Humility; Routine activity theory; Big Five personality traits; Juvenile delinquency; Social psychology,,,,,https://research.utwente.nl/en/publications/explaining-workplace-delinquency-the-role-of-honestyhumility-ethi https://research.vu.nl/en/publications/explaining-workplace-delinquency-the-role-of-honesty-humility-eth https://www.sciencedirect.com/science/article/pii/S019188691500389X http://www.sciencedirect.com/science/article/pii/S019188691500389X https://pure.mpg.de/pubman/faces/ViewItemOverviewPage.jsp?itemId=item_3081901 https://research.vu.nl/ws/files/1392252/De%20Vries%20Van%20Gelder%202015%20PAID%20Explaining%20Workplace%20Delinquency.pdf https://core.ac.uk/display/91294528 https://www.narcis.nl/publication/RecordID/oai%3Aresearch.vu.nl%3Apublications%2F88345df9-b513-48db-a23e-da1a53f3795f https://core.ac.uk/download/pdf/43409650.pdf,http://dx.doi.org/10.1016/j.paid.2015.06.008,,10.1016/j.paid.2015.06.008,1487966455,,0,000-810-106-571-894; 001-392-033-358-650; 003-845-827-320-533; 009-274-003-361-932; 010-565-028-347-817; 014-574-293-788-381; 016-398-951-018-729; 025-359-473-477-596; 036-088-569-240-179; 037-295-766-322-534; 054-628-171-104-035; 058-809-468-935-356; 059-633-759-089-313; 061-974-424-725-530; 062-450-487-827-242; 063-704-170-836-240; 064-941-291-686-424; 066-757-168-771-693; 067-728-075-424-506; 091-482-702-151-336; 095-847-724-219-471; 107-016-854-613-369; 110-397-610-691-221; 136-372-309-730-247; 146-144-689-912-584; 162-304-105-889-385; 181-658-608-151-750; 185-954-509-917-396,66,true,,green
085-446-318-809-476,The Impact of the War Upon Labor Law,,1942,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,David Ziskind,"Labor legislation is written on a continuous scroll. The laws of the past, the great laws and the petty laws, all remain on the record, and the laws of the future must be inscribed on the same scroll. There is a continuity of interest, and even new laws appearing for the first time have a relationship to the others that makes them all part of the same social structure. Consequently, if we look for the influence of the war upon only those portions of the scroll that were written during the war, we will fail to see the full significance of the war legislation. Indeed, we must look above the writing to the hands and the minds that have written. There are always many persons, with conflicting notions, who would make law. They struggle with one another to get their precious words upon the great scroll. And whenever one succeeds, the strife continues to have the words erased or amended. The war has altered the goals of most of the persons seeking labor legislation and has set the tone and the tempo for legislative battles. Even beyond the legislative chambers there is a field for influence on labor law. The courts construe the law and administrators apply it in ways that are just as effective as the writing of the law. In that realm of interpreting and executing the laws, too, the war has had its peculiar effect. If we go back to the President's declaration of a national emergency on September 8, I939, we may discern our public preparation for an imminent war. From that time on we can trace the plans and programs for labor legislation. We can follow the legislative debates and list the laws adopted. We can note the executive orders and administrative regulations. We can observe how the courts have treated the laws. From this record, if we can eliminate the continuing force of old laws, if we can subtract the pressures of traditional groups, if we can discard the irrelevant and the incidental, we shall have the story of the impact of the war upon labor law.",9,3,373,402,Labour law; Declaration; Set (psychology); Political science; Law; Trace (semiology); Legislation; Realm; Spanish Civil War; Legislature,,,,,https://www.jstor.org/stable/1189510 https://scholarship.law.duke.edu/lcp/vol9/iss3/2/ https://core.ac.uk/display/62558014 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2141&context=lcp https://core.ac.uk/download/62558014.pdf,http://dx.doi.org/10.2307/1189510,,10.2307/1189510,1542911953,,0,,0,true,,
085-876-792-834-599,The Supreme Courts Decision On The Affordable Care Act: Abrogating Article III Of The Constitution,2012-12-26,2012,journal article,Journal of Business Case Studies (JBCS),21578826; 15553353,Clute Institute,,Martin D. Carrigan,"In National Federation of Independent Business v. Katherine Sebelius, Secretary of Health and Human Services, Case No. 11393, the Supreme Court of the United States affirmed most of the 2010 Affordable Care Act (ACA). In holding the ACA as valid (constitutional), Chief Justice Roberts reasoned that the taxing power in the U.S. Constitution was the reason that the law was enforceable. Although a strong dissent on such reasoning was written by four other Justices, Roberts also wrote that laws are entrusted to our nations elected leaders, who can be thrown out of office if the people disagree with them. [1] Roberts also wrote that the Commerce Clause in the U.S. Constitution did not give Congress authority to pass the ACA. Moreover, Congress could not impose unfunded mandates on the States to expand Medicaid. In so writing, Roberts disposed of the chief arguments of those in favor of the law and provided a bone to those who opposed it. But, by then holding that Congress taxing power was sufficient to uphold the law, Roberts ignored the Federal Anti-Injunction statute and called into question the ability of the Supreme Court to hold a law passed by Congress entirely unconstitutional. By writing that, in effect, the Court should defer to Acts of Congress, Roberts attempted a finesse first exercised by Chief Justice John Marshall in Marbury v. Madison in 1803. While it may seem as if he intended to demonstrate the same legal adroitness of Marbury, instead he deferred to the wishes of Congress, going through legal gymnastics to uphold a law that many scholars saw as indefensible, and damaged the power of the Supreme Court given to it in Article III immeasurably.",9,1,79,84,Precedent; Economics; Statute; Law; Constitution; Medicaid; Supreme court; Commerce Clause; Dissent; Unfunded mandate,,,,,https://www.cluteinstitute.com/ojs/index.php/JBCS/article/download/7548/7614 https://core.ac.uk/download/pdf/268110197.pdf,http://dx.doi.org/10.19030/jbcs.v9i1.7548,,10.19030/jbcs.v9i1.7548,2184147042,,0,153-197-488-194-064; 191-935-006-503-400,0,true,,bronze
085-910-462-317-536,The impact of blockchain on e-commerce: A framework for salient research topics,,2021,journal article,Electronic Commerce Research and Applications,15674223,Elsevier BV,Netherlands,Horst Treiblmaier; Christian Sillaber,"Abstract Blockchain-based technologies are predicted as major disruptors for numerous business applications and processes, which bears huge implications for e-commerce. Given the ability of blockchain and related technologies to create so-called “trustless systems” with idiosyncratic properties, various business models and established processes that have emerged over the years to ensure trust, reliability and enforceability in business-to-consumer (B2C), business-to-business (B2B), business-to-government (B2G) and consumer-to-consumer (C2C) relations need to be questioned and potentially adjusted. Blockchain has the potential to shake the foundation of e-commerce by enabling exchange relations that are trustless and operate without dedicated intermediaries or even central authorities in the case of permissionless blockchains. Furthermore, the exchange of information and value between companies and consumers might change considerably by enabling unified access to immutable data along the entire supply chain. In this paper, a framework and 19 high-level research questions are developed to inspire researchers to closely investigate the potential impact of blockchain on e-commerce. The main categories include (a) technological, (b) legal and (c) organizational and quality issues as well as (d) consumer issues. This paper illustrates how blockchain potentially impacts different elements of e-commerce in these respective areas.",48,,101054,,Supply chain; Intermediary; Business; Exchange of information; Value (ethics); Quality (business); Blockchain; Business model; Knowledge management; E-commerce,,,,,https://doi.org/10.1016/j.elerap.2021.101054 https://www.sciencedirect.com/science/article/abs/pii/S1567422321000260 https://www.sciencedirect.com/science/article/pii/S1567422321000260,http://dx.doi.org/10.1016/j.elerap.2021.101054,,10.1016/j.elerap.2021.101054,3157068170,,0,000-134-697-698-297; 000-153-181-974-346; 002-414-656-394-78X; 003-977-430-671-663; 004-067-533-572-151; 004-990-738-996-993; 005-149-068-773-171; 006-158-155-203-573; 006-226-609-425-608; 006-613-290-893-804; 006-939-194-327-714; 008-853-812-489-901; 008-972-500-158-814; 009-790-728-439-136; 010-025-323-154-033; 011-376-685-467-345; 015-358-508-213-172; 015-638-169-566-307; 016-263-909-982-364; 017-055-470-124-602; 017-463-022-437-261; 018-174-365-061-193; 020-933-813-750-619; 021-075-527-165-118; 021-853-804-670-04X; 024-594-321-223-267; 024-961-191-901-585; 025-887-414-488-42X; 026-190-962-135-189; 026-426-278-110-688; 026-559-335-533-302; 026-929-884-685-902; 026-989-571-267-376; 027-571-380-504-39X; 028-269-857-678-119; 031-998-194-517-549; 033-290-374-342-650; 034-035-433-261-737; 034-346-891-002-140; 034-947-335-629-480; 035-708-875-046-823; 035-985-689-655-049; 038-032-522-416-835; 038-037-192-216-98X; 038-865-217-367-834; 041-510-113-765-454; 042-369-115-950-270; 042-875-134-985-075; 042-935-076-531-009; 043-633-345-206-54X; 043-950-834-172-263; 044-182-657-787-036; 044-358-512-277-568; 047-031-990-103-276; 048-270-516-897-747; 048-444-901-635-003; 049-625-074-674-912; 050-099-231-780-347; 051-393-763-306-180; 053-556-150-329-079; 054-832-209-516-114; 055-050-784-061-400; 055-153-038-228-127; 055-671-317-547-366; 055-671-572-090-041; 057-103-009-154-306; 058-085-119-330-518; 058-307-667-812-439; 058-376-965-948-632; 058-422-663-121-810; 058-495-395-066-540; 059-040-089-529-215; 064-171-809-149-626; 064-821-578-209-573; 065-316-939-197-926; 066-728-129-012-392; 067-530-105-707-66X; 068-511-513-068-505; 069-129-341-027-369; 069-996-548-469-303; 070-729-291-655-360; 070-733-313-882-065; 071-402-734-485-316; 071-570-220-574-920; 072-684-101-664-650; 073-293-336-458-243; 073-376-422-126-046; 075-504-545-573-088; 076-305-948-883-560; 076-728-520-421-538; 077-119-494-684-774; 079-449-550-171-055; 082-237-623-723-88X; 082-337-602-848-26X; 083-043-824-002-713; 083-366-430-872-667; 083-382-310-643-712; 084-800-616-878-851; 085-314-492-915-19X; 086-779-486-048-743; 089-226-452-114-043; 090-333-200-880-314; 091-642-837-636-701; 092-781-610-526-221; 093-614-042-501-541; 094-856-619-907-211; 095-554-122-817-483; 096-091-715-269-337; 098-140-500-598-134; 098-429-979-746-561; 101-696-242-768-320; 106-890-314-459-668; 108-952-048-876-883; 109-157-022-233-656; 110-222-338-600-84X; 110-510-842-185-282; 110-698-204-518-406; 114-037-113-953-848; 114-044-535-876-083; 115-215-349-102-500; 117-031-998-663-398; 119-274-800-181-748; 120-336-686-771-491; 121-441-960-197-113; 122-988-702-721-176; 124-084-332-859-434; 125-536-738-333-10X; 127-260-768-525-186; 127-723-181-703-797; 128-012-441-015-778; 129-434-433-054-482; 130-057-547-194-322; 131-092-886-155-002; 131-509-058-526-294; 132-563-211-187-625; 135-063-761-022-09X; 135-180-052-795-420; 135-528-915-723-305; 137-618-464-262-838; 138-235-031-732-02X; 141-601-200-804-924; 146-262-736-178-034; 146-536-930-601-487; 148-262-807-188-567; 148-332-897-292-149; 148-552-646-959-230; 150-256-700-395-903; 151-273-164-207-200; 151-662-989-412-03X; 157-469-994-796-924; 162-147-908-607-736; 173-631-749-976-385; 177-053-439-847-258; 180-080-170-476-504; 198-289-496-449-750,32,true,cc-by,hybrid
086-100-503-651-621,Intimations of Federal Removal Jurisdiction in Labor Cases: The Pleadings Nexus,,1981,journal article,Duke Law Journal,00127086,JSTOR,United States,Michael B. Thornton,,1981,4,743,,,,,,,https://core.ac.uk/download/62550429.pdf,http://dx.doi.org/10.2307/1372142,,10.2307/1372142,,,0,,1,true,,green
086-324-285-444-220,"“Perversity, Futility, Jeopardy”: An Economic Analysis of the Attack on Gun Control",,1996,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Philip J. Cook; Jim Leitzel,"In his 1991 book The Rhetoric of Reaction, Albert O. Hirschman identified three arguments that are commonly mustered against proposed ""progressive"" reforms.1 One argument contends that the proposed reform will have results exactly the opposite of those intended by the reform's proponents; the second is that the reform will have no effect at all; and the third is that the reform will come at the cost of degrading fundamental rights or values-freedom itself, for instance.2 The labels for these three arguments form the subtitle of Hirschman's book: ""Perversity, Futility, Jeopardy.""3 Gun control has long been a contentious issue in the United States. A wide spectrum of laws regulating the manufacture, import, sale, possession, and use of guns, with the ultimate purpose of reducing gun violence, can be deemed ""gun control laws."" Such laws have attracted a good deal of opposition. Given his argument, Hirschman should be pleased to learn that the ""rhetoric of reaction"" has indeed been brought to bear on the issue of gun control: Gun-control laws don't work. What is worse, they act perversely. While legitimate users of firearms encounter intense regulation, scrutiny, and bureaucratic control, illicit markets easily adapt to whatever difficulties a free society throws in their way. Also, efforts to curtail the supply of firearms inflict collateral damage on freedom and privacy interests that have long been considered central to American public life. Thanks to the seemingly never-ending war on drugs and long experience attempting to suppress prostitution and pornography, we know a great deal about how illicit markets function and how costly to the public attempts to control them can be.4",59,1,91,118,Rhetoric; Political science; Law; Scrutiny; Gun control; Opposition (politics); Pornography; Poison control; Bureaucracy; Fundamental rights,,,,,https://scholarship.law.duke.edu/lcp/vol59/iss1/6/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4313&context=lcp https://www.jstor.org/stable/info/1192211 https://www.safetylit.org/citations/index.php?fuseaction=citations.viewdetails&citationIds[]=citjournalarticle_44963_12 https://dx.doi.org/10.2307/1192211 https://core.ac.uk/display/62553644 http://dx.doi.org/10.2307/1192211 https://paperity.org/p/84896620/perversity-futility-jeopardy-an-economic-analysis-of-the-attack-on-gun-control https://core.ac.uk/download/62553644.pdf,http://dx.doi.org/10.2307/1192211,,10.2307/1192211,1509838356,,0,,46,true,,green
086-353-413-619-842,"State Food, Drug and Cosmetic Legislation and its Administration",,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ole Salthe,,6,1,165,178,Business; State (polity); Administration (government); Legislation; Drug; Public administration,,,,,https://scholarship.law.duke.edu/lcp/vol6/iss1/10/ https://core.ac.uk/display/62558467 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1945&context=lcp https://core.ac.uk/download/62558467.pdf,http://dx.doi.org/10.2307/1189735,,10.2307/1189735,1481256002,,0,,0,true,,green
086-564-267-655-449,Law Enforcement of Cyber Terorism in Indonesia,2015-12-01,2015,journal article,Rechtsidee,24433497; 23388595,Universitas Muhammadiyah Sidoarjo,,Sri Astuti,"Cyber terrorism is one of the category of crimes that cross border organized and has been established as an extraordinary crime. This crime is becoming a serious threat to countries in the world. In this regard, the Government's attitude of firmness needed to enforce cyber laws against the freedom development in social media. The development of the immeasurable it in the country of Indonesia required the limitations by doing legal liability over the behavior of law which deviates towards the use of technology tools. Strict law enforcement efforts as a clear attitude to stop actively moving massive terrorism, by enacting the provisions of the law on information and electronic transactions as well as the law of terrorism effectively. How To Cite:  Astuti, S. (2015). Law Enforcement of Cyber Terorism in Indonesia. Rechtsidee, 2 (2), 157-178. doi: http://dx.doi.org/10.21070/jihr.v2i2.82",2,2,157,178,Government; Political science; Legal liability; Law; Terrorism; Law enforcement; Use of technology; Social media,,,,,https://doaj.org/article/d64d214602b24ce2991432e8688c4f4c http://ojs.umsida.ac.id/index.php/rechtsidee/article/download/82/136 http://ojs.umsida.ac.id/index.php/rechtsidee/article/view/82/156 https://rechtsidee.umsida.ac.id/index.php/rechtsidee/article/view/737 https://core.ac.uk/download/pdf/229660375.pdf,http://dx.doi.org/10.21070/jihr.v2i2.82,,10.21070/jihr.v2i2.82,2472771253,,0,042-651-231-993-904; 104-052-543-521-853; 135-936-727-304-683; 173-457-594-901-707; 187-587-156-396-740,0,true,cc-by,gold
086-619-286-789-739,"The Forgotten Equality Norm in Immigration Preemption: Discrimination, Harassment, and the Civil Rights Act of 1870",,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Lucas Guttentag,"The current debate over immigration federalism overlooks the significance of the Civil Rights Act of 1870 as a limit on state and local immigration legislation. The 1870 Act, passed by the Reconstruction Congress, includes prohibitions on “alienage” discrimination in “every State and Territory” that remain embedded in federal law. This Article seeks to revive the Act’s importance to contemporary Supremacy Clause analysis by recounting the history of the 1870 legislation and reviewing the Supreme Court’s invocation of the Civil Rights Act across many decades to preempt sub-federal immigration laws. Revitalizing the federal alienage protections of the 1870 Act has significant consequences for immigration federalism today. The Article argues that the civil rights “immigrant equality” mandate requires courts to consider the discriminatory consequences of sub-federal laws as a facet of federal supremacy. The equality norm of the Civil Rights Act draws an important distinction between immigrant-hostile state laws that engender discrimination and immigrant-friendly (so-called “sanctuary”) laws that seek to further immigrant protection. The Act erects a federal barrier to local measures that target immigrants for enforcement and provides leeway for local initiatives that diminish the salience of immigration status in state and local matters.",,,,,Political science; Law; Immigration law; Mandate; Federal law; Legislation; Supreme court; Supremacy Clause; Federalism; Immigration,,,,,https://www.ssrn.com/abstract=2339424 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2362062_code1997578.pdf?abstractid=2339424&mirid=3 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2339424 https://core.ac.uk/download/62560286.pdf,http://dx.doi.org/10.2139/ssrn.2339424,,10.2139/ssrn.2339424,2991865845,,0,085-777-265-241-077; 107-916-323-062-936,3,true,,green
086-631-807-835-190,Le contrôle de la discrimination raciale au Canada,2005-04-12,2005,journal article,L'égalité devant la loi,19188218; 0007974x,Consortium Erudit,,Walter S. Tarnopolsky,"This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.",18,4,663,689,Human rights; Common law; Statute; Political science; Imperial unit system; Law; Legislation; Tribunal; Civil code; Public administration; Legislature,,,,,https://www.erudit.org/fr/revues/cd1/1977-v18-n4-cd3736/042189ar.pdf https://www.erudit.org/fr/revues/cd1/1977-v18-n4-cd3736/042189ar/ https://core.ac.uk/display/59343347 https://www.erudit.org/revue/cd/1977/v18/n4/042189ar.pdf https://core.ac.uk/download/59343347.pdf,http://dx.doi.org/10.7202/042189ar,,10.7202/042189ar,2098493909,,0,052-655-335-456-020; 056-880-879-470-45X; 057-210-739-182-150; 180-477-473-710-682,0,true,,green
086-774-895-176-292,In search of a working notion of lex sportiva,2014-04-04,2014,journal article,The International Sports Law Journal,15677559; 22135154,Springer Science and Business Media LLC,United States,Alfonso Valero,"The emergence of a lex specialis regime and its interaction with the established, governing lex generalis in their overlapping spheres of application is always an intriguing legal relationship to explore. In this article, the focus will be on the development of legal principles and rules that have been/can be collectively described as lex sportiva. However, it is notable that those involved in the consideration, usage and application of this notion have not agreed as to the scope and delimitation of the concept. It is debated whether lex sportiva exists in the first place, its legal sources and its purpose. The risk is for the concept becoming redundant when not vilified as a hidden strategy to exclude non-sports-related law from the ambit of sport. Through an examination of the different propositions to the framework of the term, this article will shed light on the existence, utility and limits of the development of this conceptualisation.",14,1,3,11,European Union law; Political science; Law; Focus (linguistics); Scope (project management); Term (time); Jurisprudence,,,,,https://link.springer.com/10.1007/s40318-014-0041-9 https://irep.ntu.ac.uk/id/eprint/21420/ http://core.ac.uk/display/30645413 https://link.springer.com/article/10.1007/s40318-014-0041-9 https://core.ac.uk/download/30645413.pdf,http://dx.doi.org/10.1007/s40318-014-0041-9,,10.1007/s40318-014-0041-9,2079879912,,0,024-138-190-686-974; 024-407-662-811-765; 028-744-266-831-556; 029-072-181-891-987; 030-677-069-214-852; 035-674-890-639-456; 041-667-985-217-733; 048-180-703-064-75X; 049-523-906-288-233; 066-600-334-874-845; 071-875-310-288-300; 074-543-581-741-603; 079-896-394-935-66X; 094-284-808-415-864; 100-471-103-396-033; 110-726-473-391-71X; 117-720-239-803-015; 128-756-100-473-457; 146-472-531-329-762; 156-122-576-862-168; 161-570-414-688-89X; 177-163-588-254-71X; 183-455-554-896-257; 183-615-214-878-570; 192-233-057-928-468,5,true,,green
086-777-883-478-65X,The Control of False Advertising Under the Wheeler–Lea Act,,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Milton Handler,"The new Federal Food, Drug and Cosmetic Act,1 like the Act of i9o6,2 does not penalize and, indeed, has no application to the false and misleading advertising of food, drugs and cosmetics. Control over such advertising is continued in the Federal Trade Commission whose powers,3 however, have been augmented by the WheelerLea Amendments4 enacted in March, I938. Regulation of advertising is not a new function for the Commission. Since its establishment, the Commission has endeavored to suppress improper advertising in all trades and industries engaged in interstate commerce. The recent amendments are designed to supplement and strengthen its control over the advertising of food, drugs, devices and cosmetics5 and, although not included in the Food, Drug and Cosmetic Act, must be regarded as an integral part of food and drug legislation. The Commission's jurisdiction over false advertising in other industries is predicated upon its general authority over ""unfair methods of competition""6 and ""unfair or deceptive acts or practices,""7 and not, as in the case of food, drug and cosmetic advertising, on any specific enactment.",6,1,91,110,Advertising; Economics; Control (management); Commission; Jurisdiction; Cosmetics; Competition (economics); Drug legislation; False advertising; Economic growth; Function (engineering),,,,,https://ir.uiowa.edu/law_pubs/1616/ http://ir.uiowa.edu/law_pubs/1616/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1940&context=lcp https://scholarship.law.duke.edu/lcp/vol6/iss1/5/ https://core.ac.uk/display/62558450 https://paperity.org/p/84677068/the-control-of-false-advertising-under-the-wheeler-lea-act https://core.ac.uk/download/62558450.pdf,http://dx.doi.org/10.2307/1189730,,10.2307/1189730,1512384862,,0,,9,true,,green
086-847-231-700-439,Have Business Communication Instructors Changed Their Perception Of Business Ethics? A Comparative Study With Implications For Teaching,2006-03-01,2006,journal article,Journal of College Teaching & Learning (TLC),2157894x; 15440389,Clute Institute,,Donald E. English; Edgar J. Manton; Janet Walker,The purpose of this study was to determine the opinions of communication instructors in the Southeastern and Southwestern Regions of the Association for Business Communication concerning the teaching of ethics.,3,3,,,Business ethics; Psychology; Business communication; Pedagogy; Perception; Public relations; Association (object-oriented programming),,,,,http://www.cluteinstitute.com/ojs/index.php/TLC/article/download/1733/1713 https://core.ac.uk/download/pdf/268110821.pdf,http://dx.doi.org/10.19030/tlc.v3i3.1733,,10.19030/tlc.v3i3.1733,2125526258,,0,063-095-447-812-92X; 178-331-404-452-102,0,true,,bronze
086-892-247-812-382,Beyond Trade: Global Digital Exhaustion in International Economic Regulation,2014-02-19,2014,journal article,campbell law review,01988174,,,P. Sean Morris,"This Article investigates the nature of digital exhaustion and argues that a regime for digital exhaustion should become global in nature and enforced through international dispute settlement systems, such as that of the World Trade Organization (WTO). This would reflect the global nature of e-commerce and create a harmonized international copyright regime for the exhaustion of digital products. Courts across the globe have been battling with how to handle these questions. While such questions may be the domain of national copyright laws, the problem with exhaustion of digital goods has been extended beyond the scope of such laws.",36,1,107,145,Business; International trade; Domain (software engineering); Globe; Digital goods; Scope (project management); World trade; Dispute settlement,,,,,https://paperity.org/p/82486760/beyond-trade-global-digital-exhaustion-in-international-economic-regulation https://scholarship.law.campbell.edu/clr/vol36/iss1/4/ https://researchportal.helsinki.fi/en/publications/beyond-trade-global-digital-exhaustion-in-international-economic- https://scholarship.law.campbell.edu/cgi/viewcontent.cgi?article=1575&context=clr,https://paperity.org/p/82486760/beyond-trade-global-digital-exhaustion-in-international-economic-regulation,,,3121350502,,0,,0,false,,
086-973-011-834-272,Law enforcement officers' acceptance of advanced e-government technology: A survey study of COPLINK Mobile,,2011,journal article,Electronic Commerce Research and Applications,15674223,Elsevier BV,Netherlands,Paul Jen-Hwa Hu; Hsinchun Chen; Han-fen Hu; Cathy Larson; Cynthia Butierez,,10,1,6,16,Social influence; Agency (sociology); Mobile device; Survey data collection; Information access; Officer; Law enforcement; Field (computer science); Computer security; Computer science; Knowledge management,,,,,https://dblp.uni-trier.de/db/journals/ecra/ecra10.html#HuCHLB11 https://dl.acm.org/doi/10.1016/j.elerap.2010.06.002 https://www.sciencedirect.com/science/article/abs/pii/S1567422310000499 http://www.sciencedirect.com/science/article/pii/S1567422310000499 https://arizona.pure.elsevier.com/en/publications/law-enforcement-officers-acceptance-of-advanced-e-government-tech-2 https://www.infona.pl/resource/bwmeta1.element.elsevier-bfd2c5c2-c6d9-3795-ba3f-fd31b4a038eb https://doi.org/10.1016/j.elerap.2010.06.002,http://dx.doi.org/10.1016/j.elerap.2010.06.002,,10.1016/j.elerap.2010.06.002,2669285746,,0,000-599-349-713-585; 001-734-495-526-441; 001-975-960-771-360; 003-069-601-158-810; 003-346-974-049-548; 004-306-923-430-023; 007-288-847-423-720; 009-299-623-546-736; 009-604-238-587-994; 009-864-534-608-180; 009-985-597-240-126; 010-854-534-444-434; 011-508-911-598-098; 012-385-759-934-550; 012-550-350-927-386; 013-290-691-738-397; 014-152-883-938-562; 021-780-865-310-22X; 027-665-620-495-160; 028-691-160-575-500; 031-086-457-930-625; 031-187-002-607-584; 032-637-445-493-370; 033-665-693-191-608; 034-804-981-435-607; 035-798-220-182-973; 036-946-919-900-981; 038-057-804-347-242; 044-058-060-789-487; 045-788-550-539-959; 047-491-911-779-401; 049-403-148-692-563; 049-835-777-598-069; 051-601-133-228-097; 052-273-447-116-908; 053-939-921-897-479; 057-144-505-690-061; 058-081-424-637-980; 063-484-337-198-868; 067-624-070-521-861; 067-715-519-706-692; 068-180-410-166-600; 070-287-553-108-565; 071-323-768-093-526; 072-557-544-538-811; 074-499-155-635-714; 075-146-074-251-033; 078-623-504-882-643; 082-759-501-544-814; 084-556-993-237-599; 085-957-775-348-382; 093-030-109-346-170; 097-564-400-902-12X; 111-967-642-990-937; 114-556-841-480-844; 115-394-250-848-392; 143-875-130-007-110; 153-592-523-156-486; 158-173-103-786-583; 160-564-764-251-973; 162-959-148-644-342; 163-637-734-144-951; 168-036-345-097-619; 177-784-776-335-21X; 192-356-224-717-140; 197-653-712-895-256,45,false,,
087-606-797-922-689,Enclave Governance and Transnational Labor Law – : A Case Study of Chinese Workers on Strike in Africa,2019-11-11,2019,journal article,Nordic Journal of International Law,09027351; 15718107,Brill,Netherlands,Ulla Liukkunen; Yifeng Chen,"<jats:p>This article examines deficits in the current legal framework of posted workers in a global setting through a case study involving Chinese posted workers striking in Equatorial Guinea. Posting highlights the challenges that economic globalisation and transformation of the labour market pose to labour law. As a phenomenon whose normativity is deeply embedded in the cross-border setting where it occurs, posting should profoundly affect the transnational labour law agenda. The emergence of transnational labour law should be seen from the perspective of reconceptualising existing normative regimes in the light of an underpinning transnationality and sketching the architecture for the normative edifice of transnational labour protection. The transnational legal context under scrutiny calls for a wider normative framework where the intersections between labour law, international law and private international law are taken seriously. Global protection of posted workers should be a featured project on the transnational labour law agenda.</jats:p>",88,4,558,586,Labour law; Political economy; Political science; Public international law; Corporate governance; International law,,,,,https://brill.com/downloadpdf/journals/nord/88/4/article-p558_558.pdf https://researchportal.helsinki.fi/en/publications/enclave-governance-and-transnational-labor-law-a-case-study-of-ch https://helda.helsinki.fi/handle/10138/309091 https://helda.helsinki.fi/bitstream/10138/309091/1/NORD_088_04_Chen_Liukkunen.pdf https://brill.com/view/journals/nord/88/4/article-p558_558.xml?language=en https://core.ac.uk/download/286389176.pdf,http://dx.doi.org/10.1163/15718107-08804005,,10.1163/15718107-08804005,2990508978,,0,,2,true,cc-by,hybrid
087-994-230-524-230,Framing algorithms: competition law and (other) regulatory tools,,,journal article,World Competition,10114548,,,Peter Georg Picht; Gaspare Tazio Loderer,"As other fields of law, competition law is put to the test by new technologies in general and algorithmic market activity in particular. This article takes a holistic approach by looking at areas of law, namely financial regulation and data protection, which have already put in place rules and procedures to deal with issues arising from algorithms. Before making the bridge and assessing whether the application of regulatory tools from these areas might be fruitful for competition law as well, the article discusses some recent competition cases involving algorithmic market activity. It concludes with policy recommendations.",42,3,391,417,Algorithm; Economics; Framing (social sciences); Emerging technologies; Competition law; Market activity; Financial regulation; Data Protection Act 1998; Commercial law,,,,,https://www.zora.uzh.ch/id/eprint/181193/ https://www.zora.uzh.ch/id/eprint/181193/1/Picht_Loderer__Framing_AIs_Competition_law_%26_other_regulatory_tools__WOCO_42_391-417.pdf https://www.zora.uzh.ch/id/eprint/181193/1/Picht_Loderer__Framing_AIs_Competition_law_%26_other_regulatory_tools__WOCO_42_391-417.pdf,http://dx.doi.org/10.5167/uzh-181193,,10.5167/uzh-181193,3022431601,,0,,0,true,,
088-850-974-035-900,Rate Regulation as Affected by the Distribution of Governmental Powers in the Constitutions,,1908,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Robert P. Reeder,,57,2,59,,,,,,,https://core.ac.uk/download/151688899.pdf,http://dx.doi.org/10.2307/3313439,,10.2307/3313439,,,0,,0,true,cc0,green
088-899-680-360-422,Contemporary Legal Issues in Electronic Commerce in Nigeria,2017-06-26,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,TI Akomolede,"The Internet has no doubt added a great deal to the quality of human life today.  It has knitted the world together as a global village.  Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.",11,3,1,25,The Internet; Sociology; Law; Global Village (American radio show); Quality (business); Context (language use); Human life; Commerce; Developing country,,,,,https://perjournal.co.za/article/view/2765 https://www.ajol.info/index.php/pelj/article/view/42234/9353 https://doaj.org/article/859107e7fe4d4e3bb0a3e699f5200710 https://repository.nwu.ac.za:443/handle/10394/1911 https://perjournal.co.za/article/download/2765/2572 https://dspace.nwu.ac.za/handle/10394/1911?show=full https://journals.assaf.org.za/per/article/download/2765/2572 https://journals.assaf.org.za/per/article/view/2765 http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2008Volume11no3/2008x3x_Akomolede_art.pdf http://www.scielo.org.za/pdf/pelj/v11n3/a02v11n3.pdf http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812008000300002 https://dspace.nwu.ac.za/bitstream/handle/10394/1911/2008x3x_Akomolede_art.pdf?sequence=3 https://www.ajol.info/index.php/pelj/article/view/42234 https://core.ac.uk/download/pdf/231093677.pdf,http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2765,,10.17159/1727-3781/2008/v11i3a2765,1978707307,,0,019-673-434-356-79X; 025-844-009-660-150; 039-339-938-403-475; 040-294-664-456-930; 052-845-377-556-49X; 061-001-719-225-073; 071-224-413-901-009; 075-182-117-762-350; 088-069-721-820-905; 088-472-111-957-496; 104-630-160-013-909; 116-846-020-171-428; 121-738-719-097-308,2,true,cc-by,gold
089-277-443-567-307,Development Trends Of The Private Law Of France,,2018,journal article,JOURNAL OF THE NATIONAL ACADEMY OF LEGAL SCIENCES OF UKRAINE,19930909,Pravo Publishing House,,Anatoliy Kostruba; Mykhailo M. Khomenko,"The article is devoted to the establishment of the essence and content of the transformations in the field of private law of the French Republic in the context of today’s European integration processes as well as the development of scientific conclusions. According to the results of the study, a general description of the legal system of the French Republic was presented, its features were singled out; the historical and legal foundations of the genesis of reforming the private law of the French Republic in the context of European integration are revealed and summarized; the peculiarities of the reformist influence of European integration processes on the investigated transformations in the field of private law are revealed; four periods of private law reform in the French Republic were proposed, in particular: the first – Colbert’s; the second – ""Napoleon’s""; the third – ""Integration""; the fourth – ""Contemporary""; The necessity of the development and adoption of the Concept of private law reform in the French Republic was substantiated. The work provided the opportunity to formulate theoretical conclusions and outline the prospects for the further development of the private law of the French Republic in the context of European integration, taking into account the need to preserve national identity and world significance.",25,2,156,173,Work (electrical); Political science; Law and economics; European integration; National identity; Context (language use); Field (Bourdieu); Private law,,,,,http://dx.doi.org/10.31359/1993-0909-2018-25-2-156 https://core.ac.uk/download/237320220.pdf,http://dx.doi.org/10.31359/1993-0909-2018-25-2-156,,10.31359/1993-0909-2018-25-2-156,2901756288,,0,,0,true,,green
089-575-581-531-842,"Keabsahan Blockchain-Smart Contract Dalam Transaksi Elektronik: Indonesia, Amerika Dan Singapura",2021-06-30,2021,journal article,Jurnal Sains Sosio Humaniora,25802305; 25801244,"Faculty of Education and Teacher Training, Jambi University",,Eureka Inola Kadly; Sinta Dewi Rosadi; Elisatris Gultom,"Information technology changes people's habits in simple transactions to electronic systems (e-commerce). Along with technological developments, various new electronic contract innovations have emerged, one of which is the Blockchain-Smart Contract which relies on a decentralized ledger system in digital form that moves automatically (self-executing) using cryptocurrency on the blockchain. With its application in electronic transactions carried out without human intervention and based on computer code, it raises various questions regarding its validity as an electronic contract that is binding and enforceable both in the Law on Information and Electronic Transactions (UU ITE)  in Indonesia, as well as internationally in UNCITRAL's Legal Model on e-Commerce with the implementation of technology neutrality principles.",5,1,199,212,Information technology; Cryptocurrency; SIMPLE (military communications protocol); Neutrality; Blockchain; Computer security; Computer science; Source code; Intervention (law); Ledger,,,,,https://online-journal.unja.ac.id/JSSH/article/view/14128,http://dx.doi.org/10.22437/jssh.v5i1.14128,,10.22437/jssh.v5i1.14128,3186566055,,0,,0,true,cc-by-nc-sa,gold
089-642-361-991-190,"PENNSYLVANIA EMPLOYEES PROTECTED ABROAD: EXTRATERRITORIAL APPLICATION OF STATE LABOR LAW IN TRUMAN V. DEWOLFF, BOBERG & ASSOCIATES, INC. AND THE FAIR LABOR STANDARDS ACT FOREIGN WORK EXEMPTION",2011-05-07,2011,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Anne Thibadeau,<jats:p> </jats:p>,73,1,,,Labour law; Work (electrical); Political science; Law; State (polity); United States labor law,,,,,http://d-scholarship.pitt.edu/18017/ http://lawreview.law.pitt.edu/ojs/lawreview/article/download/177/177 https://core.ac.uk/display/12214813 http://lawreview.law.pitt.edu/ojs/lawreview/article/view/177 https://core.ac.uk/download/12214813.pdf,http://dx.doi.org/10.5195/lawreview.2011.177,,10.5195/lawreview.2011.177,2012127737,,0,,0,true,cc-by-nc-nd,hybrid
090-076-953-453-187,Institutional Approach to E-commerce: An Integrated Framework for Pakistan,2002-06-01,2002,journal article,The Pakistan Development Review,00309729,Pakistan Institute of Development Economics (PIDE),Pakistan,Bushra Hamid,"*Pakistan needs to knit itself into global information economy in order to ensure economic development. E-commerce is the essential tool through which this objective can be met. Currently, the economy is in a transition, the span of which needs to be shortened in order to meet the global challenges in the coming years. An institutional approach is essential to develop e-commerce. An appropriate institutional framework will shorten the time span of the transition period and will ensure a smooth transition to information economy. It will provide an effective and efficient use of the existing institutional infrastructure and development of new institutions. It calls for close coordination between the government, industry, and international organisations. Electronic Commerce provides an altogether new way of conducting commercial transactions. The opportunities emerging from e-commerce will have far-reaching economic and social implications. It dramatically reduces the economic distance between producers and consumers. The benefits of improved information, lower transaction costs, and hence lower prices, larger choices, and instant delivery present global access to the marketplace with relative ease. Pakistan cannot remain aloof to the challenges of globalisation, as it has to knit itself into the global economy. For this it is essential for Pakistan to maintain an environment in which the potential of e-commerce can be realised. Achieving this requires co-operation on key issues, between public and private sectors, on principles to guide the development and implementation of e-commerce policies and on basic policy approaches to major issues. The role of international organisations like the WTO, the OECD, etc., is relevant to addressing questions of where and how these principles and approaches might best be formulated. This paper presents institutional approach to address the challenges of e-commerce in Pakistan. It underscores the present situation and the potential for development of e-commerce in Pakistan and other developing countries. Furthermore, it identifies the challenges faced by the latter to prepare for harmonious development of e-commerce. An attempt has been made to develop an integrated",41,2,179,192,Private sector; Government; Economics; Order (exchange); Globalization; Information economy; Economic system; E-commerce; Developing country; Transaction cost,,,,,https://ideas.repec.org/a/pid/journl/v41y2002i2p179-192.html http://www.pide.org.pk/pdf/PDR/2002/Volume2/179-192.pdf https://EconPapers.repec.org/RePEc:pid:journl:v:41:y:2002:i:2:p:179-192 http://thepdr.pk/pdr/index.php/pdr/article/viewFile/1836/1836 https://core.ac.uk/download/pdf/337604071.pdf,http://dx.doi.org/10.30541/v41i2pp.179-192,,10.30541/v41i2pp.179-192,2132007076,,0,060-858-305-090-208; 104-408-803-866-247,5,true,,green
090-403-827-934-794,KONSEP PEMBANGUNAN HUKUM E-COMMERCE,2019-05-01,2019,journal article,Solusi,2597680x; 02169835,Universitas Palembang,,Ardiana Hidayah,"<jats:p>The development of transportation, communication and information technology further increases the pace of globalization. The use of technology has driven business growth including transaction activities by utilizing technology and telecommunications through e-commerce activities. Problem formulation related to the application of business law in e-commerce activities and the role of law and the concept of legal development in e-commerce business. Legislation in e-commerce activities has been regulated in Law Number 11 of 2008 which has been amended into Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 7 of 2014 concerning Trade and Government Regulation Number 82 In 2012 concerning the Implementation of Electronic Transactions and Systems. In its application there are still some weaknesses, namely the existence of objects in electronic transactions cannot be perfectly perceived electronically. There are still obstacles to accountability and the level of reliability in proof of an electronic contract.      Law is a tool for maintaining order in society. Law will always adjust to the conditions that occur in the middle of the community and act as a means of renewal in people's lives. Rapid development has resulted in increasingly complex problems faced by the community from traditional patterns to modernization. The development of business law in Indonesia in e-commerce activities is carried out to support the realization of sustainable economic growth, as well as creating certainty, enforcement and legal protection.</jats:p>",17,2,106,113,,,,,,http://jurnal.unpal.ac.id/index.php/solusi/article/download/168/134,http://dx.doi.org/10.36546/solusi.v17i2.168,,10.36546/solusi.v17i2.168,2979462533,,0,,0,true,cc-by-sa,gold
090-670-443-930-686,Opinions of Richard Peters (1781-1817),,1922,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Joseph Whitla Stinson,,70,3,185,,,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7858&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol70/iss3/3/ https://core.ac.uk/display/151689691 https://core.ac.uk/download/151689691.pdf,http://dx.doi.org/10.2307/3314266,,10.2307/3314266,817774969,,0,,0,true,,
090-793-195-338-092,Does the Commerce Clause Give Power to Dominate All Industry,,1934,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Ira Jewell Williams,"""The Now Perhaps Infamous Case of Hammer v. Dagenhart"" I take these words from a striking note in the May issue of the UNIVERSITY OF PENNSYLVANIA LAW REVIEW.' ""Now perhaps infamous"" furnishes not the text but the stimulus for what follows. Hammer v. Dagenhart,2 as all know, sets a limitation to the power of Congress to ""regulate commerce"". It declares unconstitutional an act 3 forbidding the transportation in interstate commerce of commodities, however otherwise unobjectionable, produced in factories where certain categories of minors have been permitted to work, under named conditions, within thirty days prior to the removal of the goods from the factory. Its critics argue or assume that that power, subject to the ""vague contours"" of the Fifth Amendment, is absolute; and that the absolute power to prohibit necessarily includes the power to lay an embargo upon the shipping in interstate commerce of any kind of material or product. It would seem to follow, subject only to the restraint of the due process clause, that Congress may, by such ""regulation"", entirely preclude persons guilty of failure to obey prescribed statutes from entering into interstate transactions. The Child Labor Act in effect attempted to close state channels to the products of any factory which, within thirty days before the shipment, failed to comply with standards prescribed by Congress as to hours of work and age of workmen. To adjudge to Congress absolute power to dominate all the internal affairs of the state, activities purely local, under penalty of federal boycott and commercial non-intercourse, would be a neat and easy solution appealing to devotees of uniformity. If a power thus absolute is exercised, it can scarcely be denied that the police power of the states themselves becomes little more than a travesty. Every code or pandect or decree under NRA, NIRA and their alphabetical sisters must be upheld, not alone because all activities ""affect"" interstate commerce, but because Congress may fix any price and predetermine any requirement for the privilege of the use of the",83,1,23,,Business; International trade; Statute; Law; Power (social and political); State (polity); Commerce Clause; Due Process Clause; Decree; Boycott; Product (business),,,,,https://core.ac.uk/display/151690078 https://www.jstor.org/stable/pdfplus/3308561.pdf https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8685&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol83/iss1/2/ https://core.ac.uk/download/151690078.pdf,http://dx.doi.org/10.2307/3308561,,10.2307/3308561,820095838,,0,,0,true,,green
090-822-453-801-925,Our Principled Constitution,,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Mitchell N. Berman,"Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that. Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a “constitutive theory” of constitutional law. It is obvious that we do not all share a constitutive theory. It is less obvious, and strikingly underappreciated, that we have precious few candidates to choose from. We have many “prescriptive theories” regarding how judges should exercise the power of judicial review, but few of them have clear, let alone complete, constitutive implications. This Article presents an original constitutive theory of American constitutional law. It starts by distinguishing two types of constitutional norms: “constitutional principles” and “constitutional rules.” It then argues: first, that rules are determined by the interaction of principles, which combine to produce rules on the model of force addition; and second, that the principles are “grounded” in mental states, speech-acts, and behaviors of persons who make up the constitutional community, much as rules of fashion or of card games are grounded in behaviors of persons who make up their normative communities. In short: social facts determine constitutional principles, and constitutional principles determine constitutional rules. I call the account “principled positivism.” It is positivist, pluralist, and inescapably dynamic. If principled positivism is correct, then we come to know our constitutional rules by discerning the contents, contours, and weights of the constitutional principles currently in force. Accordingly, the Article offers a preliminary and partial inventory of our constitutional principles—principles concerning the legal significance of what the enacted text says and about what its authors intended; principles about the force of judicial precedents and of extra-judicial practices; principles about the locus of sovereignty, the distribution of governing power, and the demands of liberty and equality. It then puts the principles to work, illustrating their operation in a handful of actual constitutional controversies, ranging from same-sex marriage to the scope of Congress’s commerce power.",,,,,Separation of powers; Positivism; Political science; Sovereignty; Constitutional law; Law; Constitution; Constitutional theory; Normative; Judicial review,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2935085 https://www.ssrn.com/abstract=2935085 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2935085_code615352.pdf?abstractid=2935085&mirid=1 https://core.ac.uk/download/151696477.pdf,http://dx.doi.org/10.2139/ssrn.2935085,,10.2139/ssrn.2935085,2597477332,,0,120-258-074-106-166; 191-860-637-053-537,2,true,,green
091-133-693-784-223,Rate-Fixing Conspiracies in Regulated Industries,,1947,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Edward Dumbauld,,95,5,643,,,,,,,https://core.ac.uk/display/151690465 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9189&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol95/iss5/3/ https://core.ac.uk/download/151690465.pdf,http://dx.doi.org/10.2307/3309485,,10.2307/3309485,625867137,,0,,0,true,,green
091-156-384-364-948,Enforcement of Arbitral Awards in Sub-Sahara Africa,,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Emilia Onyema,"As the world celebrated the fiftieth anniversary of the New York Convention in 2008 it became necessary to examine the enforcement regimes for arbitration awards in Sub-Sahara Africa. This article examines the provisions for the recognition and enforcement, and requirements for the setting aside of both domestic and international arbitral awards under the arbitration laws of OHADA member states, Nigeria and Sudan, as representative of the legal regimes in Sub-Sahara African countries. The New York Convention applies to Convention awards in half of the countries of Sub-Sahara Africa. It is therefore relevant to examine the requirements for the enforcement of non-Convention awards in those states that are members of the New York Convention, and also in those states that are not members of the New York Convention. Different arbitration laws and regimes apply in the three representative jurisdictions chosen for this comparative analysis and these are also representative of the legal regimes in those countries with arbitration laws in the region. Though a generally supportive tendency towards the enforcement of arbitral awards can be gleaned from the examination of some arbitration-related judgments, this article again highlights the importance for the remaining countries in the region yet to sign up to and implement the New York Convention to consider adopting it, and for more arbitration hearings to be held within the region.",,,,,Sign (semiotics); Arbitration; Political science; Law; Aside; Enforcement; Convention; Member states,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1698240_code1482120.pdf?abstractid=1698240&mirid=2 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1698240 https://core.ac.uk/display/2790702 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1698240_code1482120.pdf?abstractid=1698240&mirid=1 https://core.ac.uk/download/2790702.pdf,http://dx.doi.org/10.2139/ssrn.1698240,,10.2139/ssrn.1698240,2082660540,,0,,1,true,,green
091-160-894-593-742,Putting Gilmer Where it Belongs: The FAA's Labor Exemption,,2000,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,David E. Feller,"Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of ""contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"" if properly construed can eliminate this effect while still permitting enforcement of truly voluntary agreements to arbitrate such claims. The exemption has been held by all the circuits except the Ninth to apply only to workers actually engaged in interstate or foreign commerce, thus requiring enforcement against all others. The Ninth Circuit has now held that the exemption covers all employees whose employment is subject to federal regulation under the commerce clause. Certiorari has been granted to review that decision in Circuit City Stores v. Adams which will be argued this fall. The article argues that the Ninth Circuit ruling is correct on the commerce question but that the courts have erred in focusing only on that question and ignoring the other requirements of the exemption. The exemption, it is argued, should be limited to individual written contracts of employment (not ad hoc agreements to arbitrate existing disputes), only of rank and file ""workers,"" defined as non-managerial employees, and it should not be read as covering collective bargaining agreements. As a result of such a reading agreements to arbitrate statutory employment claims would be enforceable only with respect to those employees who, by and large, are really in a position to negotiate their terms of employment either individually or collectively. Application of the FAA, rather than Section 301 of the LRMA, to labor arbitration would be desirable. Resting enforcement of labor arbitration on Section 301 while useful at the time it was so decided by the Supreme Court in 1957 has had the unfortunate effect in practice of making labor arbitration awards more susceptible to reversal than would be the case if the standards of the FAA were to be applicable.",,,,,Business; Arbitration; Law; Adjudication; Collective bargaining; Federal Arbitration Act; Supreme court; Commerce Clause; Enforcement; Certiorari,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/000731651.pdf?abstractid=237808&mirid=1 https://www.ssrn.com/abstract=237808 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=237808,http://dx.doi.org/10.2139/ssrn.237808,,10.2139/ssrn.237808,2992153295,,0,091-722-266-821-013; 168-398-096-892-053,2,true,,green
091-243-047-157-812,Limitations on Jurisdiction and Arbitration Agreements Based on Applicable Law and the Identity of the Carrier in Cargo Claim Disputes: Who and Where to Sue,2019-03-11,2019,journal article,CUADERNOS DE DERECHO TRANSNACIONAL,19894570,Universidad Carlos III de Madrid,,Jonatan Echebarria Fernández,espanolThe article demonstrates through an analysis of the limitations on choice of forum or arbitration agreements following the invalidity of a choice of law clause included in a charter party and/or a bill of lading (B/L). It is equally difficult enforcing a jurisdiction or arbitration clause included in a B/L if the parties are not clearly defined in the contract for the carrige of goods by sea. The article delivers some conclusions and suggests the approach to be taken by maritime contracting parties to overcome any feasible invalidity of a choice of forum or arbitration agreement based on the choice of law by European Member (EU) States’ courts. EnglishEl articulo demuestra a traves de un analisis de las limitaciones en la eleccion del foro o los acuerdos de arbitraje despues de la invalidez de una clausula de eleccion de ley incluida en las partes de la carta constitutiva y / o conocimiento de embarque (B / L). Es igualmente dificil hacer cumplir una clausula de jurisdiccion o arbitraje incluida en un B / L si las partes no estan claramente definidas en el contrato para el transporte de mercancias por mar. El articulo presenta algunas conclusiones y sugiere el enfoque que deben adoptar las partes contratantes maritimas para superar cualquier posible invalidez de un acuerdo de eleccion de foro o arbitraje basado en una eleccion de la ley por los tribunales de Estados miembros de la Union Europea (UE).,11,1,306,321,Humanities; Arbitration; Political science; Jurisdiction; Identity (philosophy); Bill of lading,,,,,https://research.cbs.dk/en/publications/limitations-on-jurisdiction-and-arbitration-agreements-based-on-a https://dialnet.unirioja.es/servlet/articulo?codigo=6861115 https://openaccess.city.ac.uk/id/eprint/23765/ https://core.ac.uk/download/287606461.pdf,http://dx.doi.org/10.20318/cdt.2019.4621,,10.20318/cdt.2019.4621,2941447353,,0,,0,true,,gold
091-358-098-112-665,Monopolies and the Courts,,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Robert H. Jackson; Edward Dumbauld,,86,3,231,,,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol86/iss3/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8959&context=penn_law_review https://core.ac.uk/display/151690251 https://core.ac.uk/download/151690251.pdf,http://dx.doi.org/10.2307/3308846,,10.2307/3308846,747469685,,0,,1,true,,
091-430-264-171-18X,Prioritising Research Agenda For E-Commerce In Malaysia,2011-02-25,2011,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Ali Khatibi; V. Thyagarajan; Adeline Chua; Mohd Nor Ismail,"The recent advent of World Wide Web has changed the traditional marketing paradigm in a dramatic way. Under a computer-mediated marketing framework the operations are no longer controlled by boundaries and time constraints. The new paradigm provides firms the whole wired world as potential market to capture. This is the underlying rationale for the Malaysian e-commerce policy or marketing in a ""computer-mediated-environment"" in Malaysia. Although, the concept of e-commerce is relatively new in this country, but, it was widely accepted marketing medium among the developed nations. Whether Malaysia is able to reap the benefits of e-commerce largely depends on various factors ranging from the infrastructures, the skill base, the critical mass of internet users, legal policy and so on. Understanding the nature of the relationship and the significance of these factors require a good amount of research in the industry perspectives. This paper attempts to provide some guidelines about the research priorities in marketing of Malaysian produce and products under a computer-mediated-environment; taking into account the local and peculiarities of the firms and consumers' behaviour. In this respect the current paper draws literatures about e-commerce experiences of other countries for the purpose of benchmarking. The preliminary conclusion drawn from these literatures suggest that e-marketing outcomes are major reduction in transaction costs and an increase in productivity; which in turn radically change the traditional market structure, behaviour and performance framework. While it is envisaged that the private sector will take the lead role in the development of e-marketing in Malaysia, the government has a bigger role in ensuring its sustainability. The major research issues in economics and marketing are: the competitiveness of the related industries to allow higher investment in bandwidth and high-technology, integration of physical and online marketing, the economics of network management, characteristics and perception of the community on e-commerce, market and commercial governance, the current and future skill of the community, monitoring the changes in marketing functions and intermediary roles and providing macro indicators to measure the market.",2,7,,,Business; Marketing; Marketing management; Agricultural marketing; Return on marketing investment; Business-to-government; Marketing research; Public Sector Marketing; Marketing strategy; Digital marketing,,,,,http://www.cluteinstitute.com/ojs/index.php/IBER/article/view/3816/0 https://core.ac.uk/download/pdf/268107231.pdf,http://dx.doi.org/10.19030/iber.v2i7.3816,,10.19030/iber.v2i7.3816,2181348086,,0,050-147-774-087-809; 059-295-693-079-403; 066-060-733-390-886; 072-095-794-393-99X; 101-654-430-192-853; 108-258-628-873-275; 110-904-278-042-513; 121-870-276-253-612; 130-620-838-616-679; 149-898-921-497-523; 169-627-071-347-262; 188-835-814-060-103; 197-682-262-703-001,0,true,,bronze
091-653-575-127-926,The invisible issue of organ laundering,2014-09-27,2014,journal article,Transplantation,15346080; 00411337,Lippincott Williams and Wilkins,United States,Ana Manzano; Mark Monaghan; Barbara Potrata; Michelle Clayton,"Global institutions, although suggesting measures to deter organ trafficking, reiterate the lack of official statistics about this illegal trade. In this article, we explore the reasons why organ trafficking remains unreported. We argue that the complex factors that perpetuate invisibility facilitate trafficked organs being ""laundered"" in the health care systems of the purchaser's country, hindering accurate estimation of the problem. The factors are as follows: (a) issues of globalization, jurisdiction, and law enforcement; (b) the power of health care professionals; (c) the reimbursement of transplantation costs abroad by insurers; (d) ambivalence of the victim status of the sellers; and (e) the buyers as vulnerable offenders.",98,6,600,603,Business; Health care; Globalization; Jurisdiction; Organ trade; Reimbursement; Law enforcement; Organ Trafficking; Transplantation; Criminology,,Commerce; Crime; Developing Countries; Global Health; Humans; Internationality; Law Enforcement; Medical Tourism/ethics; Organ Transplantation/ethics; Tissue and Organ Harvesting/ethics; Tissue and Organ Procurement/ethics; Vulnerable Populations,,,https://www.mendeley.com/catalogue/bb04c8dd-9cde-3790-bb62-6d9297695d4e/ https://www.ncbi.nlm.nih.gov/pubmed/25144445 https://dspace.lboro.ac.uk/dspace-jspui/handle/2134/23264 https://eprints.whiterose.ac.uk/81408/ https://repository.lboro.ac.uk/articles/The_invisible_issue_of_organ_laundering/9472142 https://repository.lboro.ac.uk/articles/journal_contribution/The_invisible_issue_of_organ_laundering/9472142,http://dx.doi.org/10.1097/tp.0000000000000333,25144445,10.1097/tp.0000000000000333,2075435746,,0,001-985-379-340-814; 006-530-142-938-35X; 011-645-309-670-65X; 016-937-124-905-64X; 018-585-400-516-226; 026-784-643-462-631; 030-680-660-292-409; 037-975-527-224-020; 041-779-571-037-94X; 042-405-843-607-839; 042-895-122-313-392; 043-469-915-094-024; 043-837-015-119-579; 044-616-531-848-855; 045-311-951-086-69X; 045-923-983-859-543; 052-864-264-317-63X; 053-809-490-261-683; 054-782-953-742-272; 054-920-640-889-284; 061-006-059-033-123; 069-591-686-103-187; 076-493-194-722-779; 078-034-694-243-184; 092-994-388-278-229; 095-693-296-209-517; 096-035-552-827-499; 099-153-333-408-688; 100-722-045-485-129; 116-154-666-645-584; 123-654-325-285-204; 140-259-177-033-73X; 144-829-444-802-685; 145-757-236-025-654; 146-108-531-124-694; 148-100-543-306-125; 174-801-580-140-763; 194-537-556-206-203,18,true,cc-by-nc-nd,green
092-227-538-607-634,THE SOVIET UNION’S APPROA CH TO ARBITRATION AND ITS ENDURING INFLUENCE UPON ARBITRATION IN THE FORMER SOVIET SPACE,2017-01-01,2017,journal article,Russian Law Journal,23123605; 23098678,Russian Law Journal,Russian Federation,Paul Fisher,"This article seeks to explain the enduring effect of the Soviet Union and its founding principles  upon arbitration in the former Soviet space. It does so by reference to the Soviet Union’s attitude  towards – and contribution to – the development of arbitration, analysed in three stages: pre- 1917, post-1917 and in the post-Soviet space. As part of that analysis the article considers what  rights were being arbitrated in the absence of private rights that would otherwise be readily  recognisable within an overtly capitalist jurisdiction. After analysing the Bolsheviks’ attitude to  arbitration, the article seeks to explain that a by-product of the distinctive goals of the USSR was a focus on arbitration as a mechanism for dispute resolution and to demonstrate how arbitration was a necessary component of the Soviet economy, developing as a tool through the arbitrazh tribunals and Moscow Convention 1972, both of which led to a two-track system which encouraged international arbitration but downplayed its significance at the domestic level. The article then  seeks to explain the impact of the Soviet Union’s approach to commercial arbitration upon modern  arbitration in the post-Soviet space. A study of Russia, the CIS and the former Republics  demonstrates the lasting impact of Soviet theory and practice on the post-Soviet arbitral environment.",5,4,129,150,Dispute resolution; Arbitration; Political science; Law; Private rights; Jurisdiction; Space (commercial competition); International arbitration; Convention; Soviet union,,,,,https://cyberleninka.ru/article/n/the-soviet-union-s-approa-ch-to-arbitration-and-its-enduring-influence-upon-arbitration-in-the-former-soviet-space/pdf https://socionet.ru/publication.xml?h=spz:neicon:russianlaw:y:2017:i:4:p:129-150 https://www.russianlawjournal.org/jour/article/view/383 https://cyberleninka.ru/article/n/the-soviet-union-s-approa-ch-to-arbitration-and-its-enduring-influence-upon-arbitration-in-the-former-soviet-space https://www.russianlawjournal.org/jour/article/download/383/185 https://core.ac.uk/download/pdf/234045721.pdf,http://dx.doi.org/10.17589/2309-8678-2017-5-4-129-150,,10.17589/2309-8678-2017-5-4-129-150,2773216813,,0,,1,true,cc-by-nc-nd,gold
092-743-897-977-312,"Trends in the Social [Ir]Responsibility of American Multinational Corporations: Increased Power, Diminished Accountability?",,2013,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Cynthia A. Williams; John M. Conley,"The purpose of this invited essay is to assess the future of the CSR performance of American multinationals in light of several ongoing trends. These trends include companies’ voluntary CSR programs and the global self-regulatory standards for responsible company activities that are developing in almost every industry. Moreover, the decade-long project at the United Nations to identify multinational companies’ responsibilities with respect to international human rights, ultimately spearheaded by Special Representative John Ruggie, has for the first time established global expectations of responsible corporate activity. At the same time, however, legal developments in the United States may be trending in the opposite direction, toward increased power and diminished accountability for corporations. Two legal developments that highlight this counter-trend will frame this discussion. The first, the Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) recognizes a constitutional right for corporations to give financial support to a wide range of electioneering activities, including by using corporate funds to pay for and broadcast advertisements for specific candidates for office. The effect is to allow American companies to further consolidate their already substantial political power. The second, the opinion by the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum, 621 F.3d 111 (2d Cir. 2010), reh’g en banc denied, 642 F.3d 379 (2011), aff’d, 569 U.S. __ , 133 S. Ct.1659(Apr. 17, 2013), denied the possibility of corporate liability under the Alien Tort Statute for Royal Dutch Shell’s employees’ alleged violations of Nigerian community members’ international human rights. A 2-1 majority held instead that violations of international law could only be asserted against natural persons or nations. The Supreme Court granted certiorari and in a decision handed down on April 17, 2013, the Court unanimously affirmed the judgment of the Second Circuit. The five-Justice opinion of the Court held that the ATS cannot be used to redress violations of the law of nations that occur outside the territory of the United States, except in exceptional circumstances not found in Kiobel. Neither the majority opinion nor the concurrence addressed the corporate liability issue, which means that the Second Circuit’s ruling on that issue remains the law of the Second Circuit — an important outcome, given the significance of the Second Circuit as a venue for ATS cases. Taken together, the overall effect of the Second Circuit’s rejection of corporate liability for human rights violations and the Supreme Court’s rejection of exterritorial application of the ATS to any defendant, corporate or otherwise, is the substantial evisceration of companies’ legal accountability for international human rights violations under the ATS. On a theoretical level, these decisions send mixed messages about corporate personhood and identity. But on a practical level, the two decisions work in unfortunate concert to increase the already considerable political power of U.S. corporations at home, even as they reduce the risk of legal accountability for their actions abroad. By doing so, they shrink the shadow of the law — the threat of ""hard"" legal regulation — that has been an important incentive to the adoption of voluntary, ""soft-law"" CSR standards. Thus, these legal developments, though ostensibly unrelated to the voluntary pursuit of CSR activity, may in fact act as a disincentive to that activity.",,,,,Corporate social responsibility; Sociology; Human rights; Law; Supreme court; Alien Tort Statute; Corporate governance; Certiorari; Majority opinion; International law,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2275557 https://ssrn.com/abstract=2275557 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2275557_code133969.pdf?abstractid=2275557 https://core.ac.uk/download/151516708.pdf,http://dx.doi.org/10.2139/ssrn.2275557,,10.2139/ssrn.2275557,1497212511,,0,011-456-516-449-699; 016-918-579-122-031; 092-955-604-406-87X; 120-024-235-738-294,1,true,cc-by-nc-nd,green
093-067-399-705-731,Hybrid institutions and the law: Outlaw arrangements or interface solutions ?,2002-05-01,2002,journal article,Zeitschrift für Rechtssoziologie,23660392; 01740202,Walter de Gruyter GmbH,,Henry Farrell,"Much discussion of law and e-commerce focuses on the extent to which e-rommerce and the Internet weaken sovereign states' effective control. Recently, in e-commerce, there has been a trend towards hybrid institutions which blend public oversight and private enforcement in the international arena. Do these institutions reflect the weakening of state legal orders, and the need of states to co-opt the outlaws in order to claw back some degree of control? Or alternatively, do hybrid institutions reflect the need of states to find interfaces between their very different systems of legal ordering, when these systems are brought into conflict as a result of the expansion of e-cornmerce? In this article, I seek to evaluate these different accounts of hybrid institutions with regard to the EU-US Safe Harbor arrangement. I provide a detailed account of the Safe Harbor and its enforcement mechanisms. I show how Safe Harbor more closely reflects an interface solution than a weakening of the law per se. Safe Harbor presents a novel interface between two different legal systems, but relies extensively on the legal systems both of the EU and US, in order to lend it both meaning and back-up.",23,1,25,40,The Internet; Sovereign state; Order (exchange); Law; Geography; Interface (Java); Control (management); State (polity); Enforcement; Meaning (existential),,,,,https://www.degruyter.com/view/j/zfrs.2002.23.issue-1/zfrs-2002-0103/zfrs-2002-0103.xml http://cat.inist.fr/?aModele=afficheN&cpsidt=13840485,http://dx.doi.org/10.1515/zfrs-2002-0103,,10.1515/zfrs-2002-0103,2404396732,,0,001-330-642-508-69X; 015-141-029-494-360; 015-871-795-314-423; 025-069-250-566-019; 025-201-245-099-044; 033-840-743-562-274; 043-786-091-359-956; 057-493-043-643-177; 085-810-653-983-621; 103-555-455-937-873; 113-346-149-208-017; 135-689-653-351-800; 147-782-698-591-674; 189-668-066-879-228; 195-521-357-042-613,8,false,,
093-485-105-877-645,The Impostor and the Law,,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,C. C. J. join(,,86,5,526,,Sociology; Law,,,,,https://core.ac.uk/display/151691068 https://core.ac.uk/download/151691068.pdf,http://dx.doi.org/10.2307/3308945,,10.2307/3308945,2797395638,,0,,0,true,,
094-164-378-889-763,Promoting more socially responsible corporations through a corporate law regulatory framework,,2017,journal article,Legal Studies,02613875; 1748121x,Cambridge University Press (CUP),United States,Jingchen Zhao,"This paper aims to lay the foundations for a more critical approach to the relationship between corporate social responsibility (CSR) and corporate law. Limitations on legislative approaches including directors’ duties, disclosure of information, sustainable decisions, direct promotion and corporate internal management structure are critically analysed, trying to find well thought-out and effectively implemented adjudication that provides meaningful instruction for regulating CSR. The paper explores the manner in which corporate law may contribute to accommodating CSR principles within corporate strategies, in order to establish a transformative legal regulatory framework within corporate law by using the authoritative legal mode to promote corporate regulatory mechanisms. The paper critically studies a few legislative measures supported by the relevant legislative experiences from various jurisdictions as examples of currently enforced CSR laws at national level, in order to offer comprehensive and potentially effective legislative suggestions for accommodating CSR elements. However, a ‘one size fits all’ approach is clearly not desirable, and these suggestions should be interpreted and implemented in a locally relevant manner, according to path dependence theory.",37,1,103,136,Corporate social responsibility; Business; Social responsibility; Corporate communication; Corporate security; Law and economics; Law; Adjudication; Corporate law; Path dependence; Corporate governance,,,,,https://www.onlinelibrary.wiley.com/doi/abs/10.1111/lest.12140 https://core.ac.uk/display/157854134 https://www.cambridge.org/core/journals/legal-studies/article/abs/promoting-more-socially-responsible-corporations-through-a-corporate-law-regulatory-framework/0731ECC336E5DB4E6EB6919284BB4094 https://eprints.whiterose.ac.uk/99313/ http://irep.ntu.ac.uk/id/eprint/33615/ https://core.ac.uk/download/42624602.pdf,http://dx.doi.org/10.1111/lest.12140,,10.1111/lest.12140,2534356069,,0,000-326-371-577-619; 000-962-661-108-404; 001-293-497-423-461; 001-317-039-151-722; 003-596-997-009-874; 004-737-963-068-30X; 005-720-970-391-389; 006-263-660-054-585; 006-548-156-019-106; 006-826-694-588-274; 008-074-340-591-285; 008-595-452-048-600; 008-748-749-824-02X; 008-851-626-893-725; 009-182-463-241-634; 009-543-731-166-812; 009-668-471-552-467; 009-799-794-020-908; 010-017-977-044-933; 010-287-271-223-841; 011-115-680-393-273; 012-917-425-869-538; 013-599-722-365-884; 014-510-577-243-268; 014-904-025-590-079; 014-941-270-762-770; 015-042-899-191-909; 015-601-247-150-43X; 015-848-885-581-423; 016-742-789-753-476; 017-032-468-776-458; 017-131-887-828-818; 018-266-043-854-930; 018-424-459-736-728; 018-629-484-468-402; 019-911-929-451-757; 020-131-806-034-222; 020-903-734-504-666; 021-395-175-793-251; 021-973-919-308-32X; 024-192-854-853-390; 024-488-409-072-169; 024-655-414-681-394; 025-860-946-678-128; 026-895-802-475-205; 028-661-895-041-641; 029-104-733-314-293; 029-716-865-307-252; 030-073-439-042-887; 030-475-929-639-100; 033-445-837-262-66X; 033-569-081-595-53X; 033-825-002-947-809; 035-556-471-787-086; 037-995-661-784-617; 038-085-041-885-605; 038-659-605-282-966; 038-689-647-162-783; 039-520-274-870-463; 040-012-943-651-810; 041-202-226-504-563; 041-341-757-828-591; 041-664-715-976-584; 043-848-568-058-650; 047-460-128-505-546; 047-959-249-158-205; 050-187-110-687-218; 050-377-516-166-815; 050-845-689-249-728; 051-555-306-408-615; 051-874-175-549-837; 052-802-334-885-429; 053-018-964-146-257; 053-235-285-847-415; 053-953-653-737-540; 054-182-649-208-375; 054-288-747-811-683; 056-029-779-082-071; 057-710-491-211-448; 058-323-629-792-908; 058-487-590-875-335; 058-642-108-207-396; 059-776-348-551-559; 060-204-533-338-831; 061-063-024-956-359; 062-097-978-846-793; 062-348-757-285-025; 063-636-348-478-494; 064-811-196-002-244; 065-361-256-050-514; 065-868-288-204-402; 066-019-658-673-75X; 068-575-289-895-76X; 069-533-155-665-652; 070-426-100-431-279; 071-033-120-773-70X; 071-737-539-334-023; 074-213-141-463-089; 075-874-143-875-081; 080-895-279-270-835; 082-132-329-367-182; 083-126-101-317-66X; 083-742-907-533-010; 084-721-776-531-501; 085-109-384-701-255; 088-876-992-583-703; 091-064-194-887-934; 091-196-830-673-764; 091-548-866-963-970; 091-890-319-030-171; 092-438-341-251-021; 093-204-553-050-197; 095-755-894-466-848; 096-107-773-066-160; 097-788-750-074-830; 099-095-725-205-22X; 101-983-044-462-613; 104-623-355-230-385; 107-274-748-521-438; 107-797-132-440-632; 108-580-604-801-790; 109-010-162-106-214; 110-012-104-741-361; 111-725-311-259-62X; 112-697-302-604-20X; 114-417-307-942-877; 115-604-538-103-384; 115-639-703-913-058; 116-498-491-291-145; 117-031-893-750-188; 120-029-953-928-909; 120-339-631-559-390; 120-595-524-133-696; 121-976-539-687-128; 123-352-883-261-940; 124-319-925-547-093; 124-556-520-280-983; 125-306-883-979-587; 126-454-708-300-62X; 126-665-059-339-283; 128-039-313-779-140; 128-388-306-409-788; 130-429-567-963-744; 134-387-688-290-374; 136-216-371-809-541; 137-178-631-327-445; 138-517-935-226-31X; 139-641-412-398-758; 139-832-841-842-740; 140-425-540-178-978; 142-985-100-848-411; 143-376-355-424-111; 143-696-740-853-783; 144-101-764-460-168; 144-224-536-650-736; 144-381-324-316-663; 145-718-956-433-099; 146-140-363-841-466; 148-085-558-554-639; 149-356-180-549-472; 149-962-312-104-425; 150-113-631-566-597; 150-128-252-899-967; 150-756-983-846-92X; 151-503-954-416-323; 152-503-572-402-280; 152-571-597-138-839; 158-234-267-329-844; 158-274-555-881-584; 159-266-157-361-336; 161-230-320-552-747; 165-509-691-050-184; 166-733-704-601-508; 173-096-242-018-960; 174-298-403-173-139; 175-252-032-764-783; 175-733-078-944-429; 176-169-636-997-544; 176-220-100-364-248; 177-742-930-379-865; 180-336-466-423-432; 183-250-337-211-363; 184-343-425-228-455; 184-690-168-655-283; 185-548-394-374-593; 187-360-686-698-336; 189-355-703-979-591; 190-032-790-526-45X; 198-460-559-082-229,24,true,,green
094-328-662-960-748,OVERRIDING MANDATORY LAWS IN INTERNATIONAL ARBITRATION,2018-09-12,2018,journal article,International and Comparative Law Quarterly,00205893; 14716895,Cambridge University Press (CUP),United Kingdom,Jan Kleinheisterkamp,"Overriding mandatory laws present one of the most pervasive and delicate problems of international arbitration because they affect party autonomy in both its substantive and procedural dimensions. The tension between these concepts both in theory and in practice is a classic emanation of the public–private divide, which is particularly problematic in international and transnational settings. This tension is even stronger in the context of economic integration and regulation, such as in the EU Internal Market. This article revisits and conceptualizes the operation of overriding mandatory laws in the context of arbitration from the perspectives of conflict of laws, public law, and EU law. Drawing on the principles of effectiveness and proportionality, it proposes a practical rather than a theoretical solution to the dialectical relationship between private and public interests in legal certainty.",67,4,903,930,Public policy; Arbitration; Political science; Public law; Proportionality (law); Law; Legal certainty; International arbitration; Conflict of laws; Autonomy,,,,,https://dialnet.unirioja.es/servlet/articulo?codigo=6637311 http://eprints.lse.ac.uk/88377/ https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/abs/overriding-mandatory-laws-in-international-arbitration/C186068881E25462C6AA094A0A6E33C2 https://core.ac.uk/download/159070033.pdf,http://dx.doi.org/10.1017/s0020589318000295,,10.1017/s0020589318000295,2892032749,,0,003-505-239-685-228; 008-659-928-959-830; 013-681-655-846-911; 024-236-225-836-872; 033-449-478-083-579; 046-511-876-376-971; 050-866-843-209-525; 052-043-188-143-106; 063-261-529-920-802; 064-258-663-453-765; 071-276-054-939-500; 093-560-246-279-101; 110-726-473-391-71X; 135-069-515-002-904; 135-954-168-791-495; 155-146-648-594-570; 173-507-636-001-102; 176-339-887-156-36X; 177-267-765-884-322,1,true,,green
094-404-076-414-527,New Approach meets new economy: Enforcing EU product safety in e-commerce:,2019-07-15,2019,journal article,Maastricht Journal of European and Comparative Law,1023263x; 23995548,SAGE Publications,,Carsten Ullrich,This article reviews recent regulatory initiatives in the area of EU product safety legislation and market surveillance from the angle of e-commerce through online marketplaces. With the arrival of...,26,4,558,584,Product (category theory); Business; Legislation; New economy; Consumer protection; Risk regulation; Market surveillance; Commerce; E-commerce,,,,Luxembourg National Research Fund,https://journals.sagepub.com/doi/abs/10.1177/1023263X19855073 https://dialnet.unirioja.es/servlet/articulo?codigo=7078220,http://dx.doi.org/10.1177/1023263x19855073,,10.1177/1023263x19855073,2961506572,,0,,4,true,cc-by-nc-sa,green
094-500-006-349-758,Blockchains and Online Dispute Resolution: Smart Contracts as an Alternative to Enforcement,2016-05-05,2016,journal article,SCRIPTed,17442567,Wiley,,Anna Riikka Koulu,,13,1,40,69,Business; Online dispute resolution; Enforcement; Computer security,,,,,https://script-ed.org/article/blockchains-and-online-dispute-resolution-smart-contracts-as-an-alternative-to-enforcement/ https://helda.helsinki.fi/handle/10138/165933 https://core.ac.uk/display/78561469 https://researchportal.helsinki.fi/en/publications/blockchains-and-online-dispute-resolution-smart-contracts-as-an-a https://script-ed.org/?p=2669 https://core.ac.uk/download/78561469.pdf,http://dx.doi.org/10.2966/scrip.130116.40,,10.2966/scrip.130116.40,2522237456,,1,,55,true,cc-by-nc-nd,gold
094-560-605-958-250,The Unintended Consequences of Enhancing Gun Penalties: Shooting Down the Commerce Clause and Arming Federal Prosecutors,,2002,journal article,Duke Law Journal,00127086,JSTOR,United States,Sara Sun Beale,"To deter gun violence and punish gun offenders, Congress—like state legislatures—has repeatedly increased the penalties for illegal gun possession and the use of guns in the commission of other crimes. After several rounds of statutory increases, the penalties are now much higher than penalties for criminal conduct that accompanies gun possession and also very high relative to penalties for other serious offenses. By designating separate penalties for gun use, as high or higher than the penalties for many of the most serious traditional offenses, Congress has sent a deterrent message to would-be offenders and sought to incapacitate those who will not be deterred. Whether this message has been successful in altering the behavior of those who might otherwise commit gun offenses is an empirical question that other researchers are attempting to answer.",51,5,1641,1681,Possession (law); Business; Commit; Statutory law; Law; Commission; Unintended consequences; Commerce Clause; Gun violence; Criminal procedure,,,,,https://core.ac.uk/display/62548854 https://scholarship.law.duke.edu/dlj/vol51/iss5/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1159&context=dlj https://core.ac.uk/download/62548854.pdf,http://dx.doi.org/10.2307/1373158,,10.2307/1373158,1551352662,,0,,3,true,,green
094-618-274-654-509,"Tribal Courts, the Model Code, and the Police Idea in American Indian Policy",,1976,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Russel Lawrence Barsh; J. Youngblood Henderson,,40,1,25,60,Code (cryptography); Political science; Law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3471&context=lcp https://scholarship.law.duke.edu/lcp/vol40/iss1/4/ https://core.ac.uk/download/62555238.pdf,http://dx.doi.org/10.2307/1191330,,10.2307/1191330,1583609211,,0,,6,true,,green
094-686-611-819-736,Toward a Criminal Law for Cyberspade: Product Liability and Other Issues,2005-04-01,2005,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Susan W. Brenner,,5,,,,Mens rea; Political science; Legal liability; Law; Tort; Criminal law; Product liability; Criminal procedure; Delict; Strict liability,,,,,http://tlp.law.pitt.edu/ojs/index.php/tlp/article/view/16 http://tlp.law.pitt.edu/ojs/index.php/tlp/article/download/16/16 https://core.ac.uk/download/234044897.pdf,http://dx.doi.org/10.5195/tlp.2005.16,,10.5195/tlp.2005.16,2075340520,,0,,3,true,cc-by-nc-nd,hybrid
094-826-086-269-124,Counterclaims in Investor-State Arbitration,,2011,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Yaraslau Kryvoi,"This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no obligations on foreign investors and only protect their rights. The paper demonstrates that the right to assert counterclaims is a procedural right, and subject matter jurisdiction over counterclaims depends on whether the investor has breached obligations found in applicable law. The paper shows that foreign investors’ substantive obligations can be found in sources of international law other than investment treaties. The paper also highlights the difficulties of asserting counterclaims in non-commercial areas such as human rights and environmental protection. Finally, it also shows that tribunals may pierce the corporate veil of foreign investors in the context of counterclaims.",,,,,Business; Subject-matter jurisdiction; Arbitration; Human rights; Law; State (polity); Investment (macroeconomics); Sources of international law; Context (language use); Presumption,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1993116 https://scholarship.law.umn.edu/mjil/321/ http://eprints.lse.ac.uk/38469/ https://core.ac.uk/display/220906 https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1320&context=mjil https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1993116&rec=1&srcabs=2050919&alg=1&pos=4 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2141036_code558721.pdf?abstractid=1993116&mirid=1&type=2 https://www.ssrn.com/abstract=1891935 https://core.ac.uk/download/220906.pdf,http://dx.doi.org/10.2139/ssrn.1891935,,10.2139/ssrn.1891935,1948130201,,0,019-152-366-512-717; 070-066-924-484-473; 086-332-686-429-654; 105-691-733-663-382; 134-142-655-163-621; 145-381-581-583-670; 154-108-760-735-851,18,true,,green
095-096-045-221-823,"How do Legislations, Regulations, Policies and Cases Influence the Security in E-Commerce?",,2020,journal article,Systematic Reviews in Pharmacy,09758453,,,Omar Abdel Jaber; Johar Mgm;  Al-masaeed,"As e-business becomes part of a majority of people's everyday life that appears to be risk-adverse, protection becomes crucially important (E-Commerce & Growth Study 2003). Internet security problems take several forms: spam, malware, site squatting, piracy, copyright infringement, denial of service, unauthorized intrusion into corporate or personal computers and networks (theft or misuse of the information stored therein), infringements of privacy, abuse and harassment. The following topics will be discussed for the purpose of this study: e-commerce laws, computer crimes, e-privacy and authentication & encryption. It is proposed that these three (3) principles are examined in order to tackle security and safety in e-commerce. These principles are derived from the review of all the legislations, cases, guidelines, policies and regulations in this paper. All these principles are complementary to each other. Self-regulation, Ethics, Enforcement. Security and safety will remain the most vital issues in electronic commerce that will continue to be discussed, examined and addressed. Actions will be continue to be taken by the society to create new laws, technology, methods and processes to increase security and safety in the cyberspace as e-commerce technologies grow. One must not be deterred from electronic commerce just because of these issues. There will always be a downside for everything including electronic commerce. Business growth from this new method of doing business is very lucrative to be abandoned.",11,1,673,679,Internet privacy; Business; Authentication (law); Internet security; Order (business); Legislation; Copyright infringement; Enforcement; Cyberspace; E-commerce,,,,,https://www.sysrevpharm.org/abstract/how-do-legislations-regulations-policies-and-cases-influence-the-security-in-ecommerce-65241.html https://www.sysrevpharm.org/articles/how-do-legislations-regulations-policies-and-cases-influence-the-security-in-ecommerce.pdf http://www.sysrevpharm.org/?mno=128497,https://www.sysrevpharm.org/abstract/how-do-legislations-regulations-policies-and-cases-influence-the-security-in-ecommerce-65241.html,,,3111716882,,0,,0,false,,
095-219-507-700-122,Critical Factors of Aquatic Products in Cross Border Ecommerce Operation,2020-01-06,2020,journal article,Journal of Economics and Public Finance,23771046; 23771038,"Scholink Co, Ltd.",,Jun Chen; Chen yang Zhao; Shi yan Xu; Xi Zhou,"Cross-border e-commerce refers to international commercial activities in which different customs trading entities conduct transactions through e-commerce platforms, conduct electronic payment and settlement, and complete the delivery of goods through cross-border logistics and transactions. Cross-border e-commerce is the extension and expansion of e-commerce. In recent years, its scale has been constantly expanding, and it has become a new trend and an important part of the transformation and development of international trade. As an important product of China’s foreign exports, aquatic products rank the first among all agricultural products exported in China, accounting for nearly one third, and are an important growth point of China’s foreign trade. Starting from the perspective of export enterprises of cross-border e-commerce of aquatic products and combining the bottleneck problems encountered in the development of cross-border e-commerce of aquatic products as a starting point, this paper analyzes the current situation of the development of cross-border e-commerce of aquatic products in China through the results of a questionnaire survey, and discusses the influencing factors that affect the sales of aquatic products enterprises. Finally, based on the above results and the aquatic product industry in which the target cross-border e-commerce enterprises are located, relevant strategies for the further development of cross-border e-commerce enterprises in this industry will be proposed.",6,1,7,,Agriculture; Business; Payment; China; Settlement (finance); Bottleneck; Industrial organization; Product (business); Questionnaire; Scale (social sciences),,,,,http://www.scholink.org/ojs/index.php/jepf/article/download/2535/2619 http://www.scholink.org/ojs/index.php/jepf/article/view/2535 https://core.ac.uk/download/pdf/287183058.pdf,http://dx.doi.org/10.22158/jepf.v6n1p7,,10.22158/jepf.v6n1p7,2998928128,,0,,0,true,cc-by,gold
095-267-245-141-450,"Mergers and the Anti-Trust Laws: The Columbia Steel Case, the Supreme Court and a Competitive Economy 1947 Term",,1948,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Sergei S. Zlinkoff; Robert C. Barnard,,97,2,151,,Business; Law; Supreme court; Competitive economy; Anti trust; Term (time),,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8755&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol97/iss2/1/ https://core.ac.uk/download/151690149.pdf,http://dx.doi.org/10.2307/3309431,,10.2307/3309431,843754399,,0,,0,true,,green
095-820-449-280-437,Cargo Preference and the American Merchant Marine,,1960,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Thomas F. Olson,"* An earlier form of this article was written during the spring semester, 1958, for the course in International and Maritime Law at the School of Law, University of California, Berkeley. The opinions expressed herein are solely those of the writer. B.A. 1952, State University of Iowa; LL.B. I958, University of California, Berkeley. Member of the California bar; Assistant Counsel, California Farm Bureau Federation. 1 House Comm. on Merchant Marine and Fisheries, Administration of Cargo Preference Act, H.R. REP. No. 80, 84th Cong., ist Sess. 3 (1955) [hereinafter cited as H.R. REP. No. 80]. 2 Hearings on S. 2584 Before the Subconmittee on Merchant Marine and Fisheries of the Senate Committee on Interstate and Foreign Commerce, 84th Cong., 2d Sess. 59 (1956) [hereinafter cited as s956 Senate Hearings]. Three other congressional committee hearings are repeatedly referred to in this article and will be cited as indicated: (a) Hearings on S. 3233 Before the Subcommittee on Water Transportation of the Senate Committee on Interstate and Foreign Commerce, 83d Cong., 2d Sess. (I954) [hereinafter cited as 1954 Senate Hearings]; (b) Hearings on S. 3233 Before the House Committee on Merchant Marine and Fisheries, 83d Cong., 2d Sess. (I954) [hereinafter cited as I954 House Hearings]; (c) Hearings on Administration of Cargo Preference Act (50-50 Law) Before the House Committee on Merchant Marine and Fisheries, 84th Cong., Ist Sess. (I955) [hereinafter cited as 1955 Admin. Hearings]. For a general discussion of United States foreign aid and development programs, see Morray, Aid Without Tears: Opportunism in Foreign Development Policy, 46 CALIF. L. REV. 665 (1958). 8 1956 Senate Hearings 131. 'The bulk of American-flag vessels is over ten years old. ""Only about i6 per cent of our dry cargo fleet, which numbers 722 ships of 7.3 million deadweight tons, was built after the war."" Shipping Outlook, March 1958, p. 4. ' Only 12% of vessels equipped for refrigeration fly the American flag. FMB & MARITIME ADMINISTRATION ANN. REP. 60 (1957). 6 In I957, total monthly vessel operating expenses of American-flag ships (not including depreciation) was estimated at $39,758, while Liberian-flag vessels had costs of about $I9,325. Hearings on Study of Vessel Transfer, Trade-in, and Reserve Fleet Policies Before the House Committee on",25,1,82,105,Advertising; Political science; Law; State (polity); Administration (government); Preference; Development policy; Water transport; Spanish Civil War; Depreciation; Operating expense,,,,,https://www.jstor.org/stable/1190319 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2824&context=lcp https://scholarship.law.duke.edu/lcp/vol25/iss1/6/ https://core.ac.uk/download/62556661.pdf,http://dx.doi.org/10.2307/1190319,,10.2307/1190319,1541393970,,0,,1,true,,green
096-351-850-203-46X,Poised on the Precipice: A Critical Examination of Privacy Litigation,,2009,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Andrew B. Serwin,"A collection of factors has caused the United States to be poised on the precipice of a new wave of litigation - litigation arising from the improper use or collection of information. Public concern over privacy is ever increasing while, and some would say because, information has become critical to our everyday existence. In what is now a self-reinforcing cycle, increased public concern has caused an exponential increase in regulations, and the new regulations have caused increased attention and public concern because many of the new laws require public disclosure of security breaches, which increases societal concerns over privacy. Security breach laws, the laws that mandate public disclosure of data incidents, provide the best example of the increase in regulation - Just a few short years ago California passed the first security breach law. Now, 43 other states, the City of New York, Washington, D.C., and Puerto Rico, have adopted laws and many other countries have either adopted, or are likely to adopt, security breach laws as well. Restrictions on the collection and use of Social Security number laws provide another such example as now more than 35 states have adopted these type of laws. Whether the increasing public concern over privacy is caused by, or reflected in, the new privacy laws, the phenomenal expansion in the number of privacy laws will have a predictable effect - a geometric increase in the number of privacy laws will result in an equally geometric increase in the number of violations of privacy laws. As violations increase there is an equally predictable consequence - increased incentives for individuals to attempt to enforce these new rights. One of the first challenges in privacy litigation is to define what ""privacy"" litigation actually is. While consumer-based privacy litigation gains much of the attention, to focus exclusively on consumer-oriented privacy litigation misses half the picture. The increase in value of information has increased the number of businesses that are bringing litigation to protect their intellectual capital and their networks. Though these claims are not thought of as ""privacy"" litigation in the traditional sense, these claims are no less about the improper use of information than actions brought by individuals. This litigation is frequently brought under the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, CAN-SPAM, the unfair competition law, including portions of the Lanham Act. In the privacy realm, the Federal Trade Commission (""FTC"") serves as the primary federal privacy enforcer. However, the FTC does not have unlimited resources, privacy is not its only responsibility, and the actual number of enforcement actions is not as high as one might guess. As a result, state attorney generals have an important role to play in privacy enforcement. However, with limited exceptions, state attorney generals have not brought a significant number of privacy matters. As a result, enforcement in many cases falls to private plaintiffs, and they play a role in enforcing privacy laws where violations are alleged to have occurred. However, the road to plaintiffs' recovery in privacy litigation is littered with a number of issues that can derail a case before it truly starts, not the least of which is that plaintiffs in many cases cannot prove actual damage, and may actually lack standing to bring an action. Moreover, even if the case clears this hurdle, many class actions fail the certification requirements because of issues unique to privacy litigation. This article examines the common theories of privacy litigation, the issues faced by plaintiffs, and examines class action issues generally, as well as some class issues that are unique to privacy litigation. While privacy cases have had mixed success, the increased importance of information, coupled with increased public attention, and the ever-increasing number of privacy laws guarantees that we will be stepping off of the precipice and into privacy litigation.",,,,,Privacy policy; Information privacy; Privacy law; Business; Personally identifiable information; Privacy laws of the United States; Law and economics; Law; Class action; Electronic Communications Privacy Act; Information privacy law,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1340462 https://www.ssrn.com/abstract=1340462 https://core.ac.uk/download/149256672.pdf,http://dx.doi.org/10.2139/ssrn.1340462,,10.2139/ssrn.1340462,1593130750,,0,011-174-461-935-220; 014-728-626-405-238; 015-237-893-689-335; 015-531-905-213-789; 021-981-215-339-224; 027-132-205-215-131; 031-991-814-558-690; 050-662-112-001-881; 085-039-509-103-857; 087-235-479-306-290; 100-552-102-061-201; 103-280-351-012-34X; 105-834-267-549-341; 106-910-578-505-504; 107-281-690-163-978; 109-919-327-342-878; 116-287-730-769-979; 120-024-235-738-294; 129-800-614-139-44X; 141-059-914-972-244; 152-326-535-975-413; 160-934-478-685-178; 161-750-257-474-457; 175-364-140-168-889; 175-825-179-775-976; 192-564-581-971-071,3,true,,green
096-367-740-129-920,What is the potential cost-effectiveness of enforcing a prohibition on the sale of tobacco to minors?,,2001,journal article,Preventive medicine,00917435; 10960260,Academic Press Inc.,United States,Joseph R. DiFranza; Richard M. Peck; Thomas E. Radecki; Judith A. Savageau,"Abstract Background. Enforcement programs to halt the sale of tobacco to youths have been implemented across the United States. The potential cost-effectiveness of enforcement was evaluated under a range of assumptions regarding cost and impact. Methods. An enforcement model was constructed incorporating quarterly inspections of all tobacco vendors. The cost of discounted years of life saved was calculated using reported values regarding cost and a range of assumptions regarding the impact on youth tobacco use. Results. Inspecting an estimated 543,000 tobacco out lets would cost up to $190 million annually. Costs range from $44 to $8,200 per year of life saved depending on the discount rate and assumptions regarding cost, and efficacy. To compete in cost-effectiveness with implementing smoking cessation guidelines, enforcement would have to produce a 5% reduction in adolescent smoking at a cost of no more than $250 per vendor. Conclusion. At this level of cost and effectiveness an enforcement program could save 10 times as many lives as the same amount spent on mammography or screening for colorectal carcinoma. A one-cent per pack cigarette tax could fully fund enforcement. Enforcement of tobacco sales laws deserves further study as one component of a multifaceted approach to tobacco use prevention.",32,2,168,174,Actuarial science; Vendor; Smoking cessation; Enforcement; Tobacco use prevention; Tobacco sales laws; Cost effectiveness; Tobacco use; Adolescent smoking; Medicine,,"Adolescent; Age Factors; Commerce/legislation & jurisprudence; Cost-Benefit Analysis; Drug and Narcotic Control/economics; Health Care Costs; Humans; Models, Econometric; Smoking/economics; Smoking Cessation/economics; Smoking Prevention; United States/epidemiology",,,https://europepmc.org/article/MED/11162343 https://www.sciencedirect.com/science/article/pii/S0091743500907953 https://www.ncbi.nlm.nih.gov/pubmed/11162343 https://escholarship.umassmed.edu/fmch_articles/41/ http://www.sciencedirect.com/science/article/pii/S0091743500907953,http://dx.doi.org/10.1006/pmed.2000.0795,11162343,10.1006/pmed.2000.0795,2079029798,,0,000-111-463-897-582; 002-493-816-321-407; 006-466-296-513-617; 006-814-604-228-577; 009-886-118-863-569; 011-235-568-941-563; 016-020-554-877-971; 016-975-809-624-645; 017-020-095-906-089; 020-783-390-456-109; 022-512-535-681-314; 024-112-854-438-805; 025-546-165-877-268; 027-523-995-435-697; 032-887-898-989-135; 038-137-903-360-151; 042-377-954-310-178; 046-598-090-579-94X; 065-428-747-267-711; 069-070-729-200-89X; 076-669-748-391-729; 093-971-892-910-822; 107-580-014-172-254; 109-059-135-318-606; 139-413-309-400-747; 158-895-266-652-138; 165-381-148-736-168,43,false,,
096-513-223-917-155,Corporate Manslaughter by Industrial Robots at Work: Who Should Go on Trial under the Principles of Common Law Australia?,2017-03-29,2017,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,S.M. Solaiman,"Industrial robots have been increasingly used for decades and the International Federation of Robotics predicts that 1.3 million more of such humanoids will be installed in factories across the globe between 2015 and 2018. While robots are deemed beneficial for industrial production, they pose a serious threat to our health and safety. Meanwhile, robots have killed many people and gravely injured numerous others in different countries. Policymakers around the world remain largely unmoved about resolving the uncertainty over the specificity of which persons should go on trial for such killings. This article examines the principles of common law governing manslaughter by criminal negligence with particular reference to Australia; however, it will generally apply to other common law countries as well. It finds that while it would be theoretically possible to identify the potential accused of workplace deaths caused by robots, we consider that the common law identification doctrine in practice will be a bar to successful prosecutions against corporate employers given the specific complexities associated with the usage of industrial robots. This article therefore submits a recommendation with justifications for dealing with this serious offence by enacting appropriate manslaughter law for the effective regulation of robots provoked fatalities.",35,1,21,,Sociology; Common law; Work (electrical); Occupational safety and health; Law; Globe; Doctrine; Criminal negligence; Industrial production; Robot,,,,,https://ro.uow.edu.au/cgi/viewcontent.cgi?article=4090&context=lhapapers http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/117 https://ro.uow.edu.au/lhapapers/3078/ http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/117/110 https://core.ac.uk/download/pdf/296521677.pdf,http://dx.doi.org/10.5195/jlc.2016.117,,10.5195/jlc.2016.117,2598444162,,0,,0,true,cc-by-nc-nd,gold
096-603-686-960-087,The enforceability of electronic arbitration agreements before the DIFC Courts and Dubai Courts,2017-02-28,2017,journal article,Digital Evidence and Electronic Signature Law Review,20548508; 17564611,School of Advanced Study,Spain,Omar Husain jamil Qouteshat; Kamal Jamal Alawamleh,"Relying on modern technology to conclude arbitration agreements might raise some issues regarding the enforceability and formal requirements of the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (New York Convention or Convention), with special reference to Article II. This article Omar Husain Qouteshat and Kamal Jamal Alawamleh highlight the formal requirements and the legal issues of enforcing electronic arbitration agreements in accordance with the provisions of the Convention; analyses the ability to solve this issue in the Dubai courts and the Dubai International Financial Centre Courts (DIFC Courts) by examining possible solutions to enforce electronic arbitration agreements based on these provisions, including relying on electronic signature, interpreting Article II of the Convention broadly, and applying the principle of the most-favourable-law. It suggests possible solutions based on the principle of the most-favourable-law before the Dubai and DIFC Courts. Index words: United Arab Emirates; Dubai; electronic contracts; arbitration; e-commerce; enforcement; arbitration agreements",14,0,47,60,Business; Arbitration; Electronic signature; Law; Kamal; Enforcement; Convention; Index (economics); Electronic contracts; Formal requirements,,,,,https://journals.sas.ac.uk/deeslr/article/view/2539,http://dx.doi.org/10.14296/deeslr.v14i0.2539,,10.14296/deeslr.v14i0.2539,2774056220,,0,,1,true,cc-by-nc-nd,gold
096-940-447-889-890,"Menakar Potensi Penerimaan Negara atas Pajak E-Commerce, Tarik Ulur Regulasi dan Hambatan Penerimaan Pajak: Suatu Kajian Literatur",2020-09-30,2020,journal article,Jurnal Riset dan Aplikasi: Akuntansi dan Manajemen,24433381; 24431419,Politeknik Negeri Malang,,Bambang Haryadi; Agus Sari,"Abstract This research aims to assess the tax potential for e-commerce, to assess the controversy about taxation rules; to assess the barriers to tax. The research approach employed was descriptive qualitative and this research can also be categorized as literary study. The research results show: (1) tax potential from digital trade is very large; (2) tax contribution is verysignificant;  (3) the controversy over the determination of the e-commerce tax has caused losses, because the tax is only based on turnover and only for those who have an tax identity number (NPWP); (4) the barriers are low business awareness, weak law enforcement, no specific regulations, and lack of ability to identify online businesses. Tujuan riset ini adalah untuk menilai potensi pajak  e-commerce,  untuk mengurai kontroversi tentang aturan perpajakannya serta menilai hambatan penerimaan pajak transaksi digital. Pendekatan riset yang digunakan adalah deskriptif kualitatif dan jenis penelitian adalah studi kepustakaan. Studi diarahkan untuk analisis potensi pajak atas perdagangan digital. Hasil penelitian menunjukkan: (1) potensi pajak atas perdagangan digital Indonesia sangat besar; (2) kontribusi pajak  e-commerce sangat signifikan hasilnya; (3) tarik ulur penetapan pajak  e-commerce menimbulkan kerugian, dikarenakan pengenaan pajak hanya berdasarkan omzet dan dikenakan hanya bagi yang memiliki NPWP; (4) hambatan meliputi kesadaran pebisnis, lemahnya penegakan hukum, belum ada peraturan khusus, serta belum memiliki kemampuan mengidentifikasi pebisnis daring.",4,3,331,341,Business; Business administration,,,,,http://jraam.polinema.ac.id/index.php/jraam1/article/view/597 http://jraam.polinema.ac.id/index.php/jraam1/article/download/597/194,http://dx.doi.org/10.33795/jraam.v4i3.009,,10.33795/jraam.v4i3.009,3091280511,,0,,0,true,cc-by-sa,gold
097-628-242-339-000,Étude Évaluative De L'application Des Textes Juridiques En Vigueur En Matière De Lutte Contre La Contrefaçon En Côte d’Ivoire,2018-06-30,2018,journal article,"European Scientific Journal, ESJ",18577431; 18577881,"European Scientific Institute, ESI",,Kazon Diescieu Aubin Sylvère; Dagbé Ahodan Stéphane; Blé Edwige,"This study aim at assessing the application of laws within the fight against counterfeiting in Ivory Coast. The work took place in Abidjan (the economic capital city), precisely in the communes of Plateau and Koumassi and has focused on a sample of 32 respondents selected according to the criteria of intentional sampling method. The data have been collected by direct observation and with the help of a questionnaire; all from the documentary study. As far as the methods of analysis of the data are concerned, the emphasis has been placed on the qualitative analysis. Thus, the results obtained show many difficulties in the application of the legal texts in the field of the fight against counterfeiting. These difficulties result in large part from the legal problems and the enforcement of decisions, the lapsing of certain laws which are more in line with the requirements of international trade and of the inadequacy of some laws. From these results, we propose that the sentences are more dissuasive and the fines very high. The means must be put at the disposal of sworn officers to rigorously enforce the laws. They will need to have coercive powers, or even law enforcement agencies to track down counterfeiters and spurious goods. There must be an honest collaboration between economic operators and agents in charge of making the laws respected.",14,17,195,195,Work (electrical); Political science; Law; Enforcement; Law enforcement; Direct observation; Qualitative analysis; Sample (statistics); Economic capital,,,,,https://paperity.org/p/107384604/etude-evaluative-de-lapplication-des-textes-juridiques-en-vigueur-en-matiere-de-lutte https://www.eujournal.org/index.php/esj/article/view/10944/10483 https://www.eujournal.org/index.php/esj/article/view/10944 https://core.ac.uk/download/236405899.pdf,http://dx.doi.org/10.19044/esj.2018.v14n17p195,,10.19044/esj.2018.v14n17p195,2871783433,,0,,0,true,,bronze
097-718-801-338-805,Enforced Standards Versus Evolution by General Acceptance: A Comparative Study of E‐Commerce Privacy Disclosure and Practice in the United States and the United Kingdom,,2005,journal article,Journal of Accounting Research,00218456; 1475679x,Wiley,United Kingdom,Karim Jamal; Michael Maier; Shyam Sunder,"We present data on privacy practices in e-commerce under the European Union's formal regulatory regime prevailing in the United Kingdom and compare it with the data from a previous study of U.S. practices that evolved in the absence of government laws or enforcement. The codification by the E.U. law, and the enforcement by the U.K. government, improves neither the disclosure nor the practice of e-commerce privacy relative to the United States. Regulation in the United Kingdom also appears to stifle development of a market for Web assurance services. Both U.S. and U.K. consumers continue to be vulnerable to a small number of e-commerce Web sites that spam their customers, ignoring the latter's expressed or implied preferences. These results raise important questions about finding a balance between enforced standards and conventions in financial reporting. In the second half of the 20th century, financial reporting has been characterized by both a preference for legislated standards and a lack of faith in its evolution as a body of social conventions. Evidence on whether this faith in standards over conventions is justified remains to be marshaled.",43,1,73,96,Kingdom; Government; Economics; Law and economics; Balance (accounting); Faith; Enforcement; Preference; European union; Public administration; E-commerce,,,,,https://ideas.repec.org/a/bla/joares/v43y2005i1p73-96.html https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1475-679x.2004.00163.x https://EconPapers.repec.org/RePEc:bla:joares:v:43:y:2005:i:1:p:73-96 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=876664,http://dx.doi.org/10.1111/j.1475-679x.2004.00163.x,,10.1111/j.1475-679x.2004.00163.x,2166152439,,0,003-600-956-595-730; 004-151-831-011-362; 006-149-265-437-253; 009-299-696-452-618; 015-151-021-968-153; 016-301-789-649-384; 016-860-599-107-999; 021-289-204-048-834; 064-690-477-679-130; 074-464-349-149-239; 078-670-616-637-070; 079-701-717-916-517; 086-961-501-296-325; 087-061-365-567-41X; 095-091-863-595-541; 106-028-801-017-91X; 110-590-989-824-563; 111-819-171-804-346; 116-746-601-661-646; 117-474-166-226-307; 136-223-133-423-446; 137-236-023-469-311; 140-763-655-989-908; 158-872-131-918-881; 160-342-165-254-095; 167-926-687-877-672; 191-500-891-802-59X; 198-417-947-010-602; 199-710-593-612-233,89,false,,
097-874-447-878-255,The “Jock Tax”: Fair Play or Unsportsmanlike Conduct,2007-04-26,2007,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,John DiMascio,"Just as the players of the Seattle Seahawks began to settle into their offseason routines following the 2005 season, April 17 brought an unpleasant reminder of the loss they suffered in Super Bowl XL. Although it may not have set in entirely by then for many of the players, each of them likely realized the exact nature of his loss in Detroit. Of course the loss referred to is not the team’s 21-10 defeat at the hands of the Pittsburgh Steelers. Rather, it is the income that each player was forced to surrender to the state of Michigan and the city of Detroit in compliance with the “jock tax” levied by those jurisdictions. It has been estimated that Michigan’s 3.4% tax on nonresident athletes cost the Seahawks nearly $300,000 just to play at Ford Field. In addition to that, the city of Detroit imposes its own 1.275% tax on the earnings of the athletes. In the end, Seattle quarterback Matt Hasslebeck was forced to pay out an estimated $10,000 of his salary to a city and state where he has no residence and no affiliation.",68,4,,,Economics; Law; Residence; Salary; Surrender; Athletes; Earnings,,,,,http://lawreview.law.pitt.edu/ojs/lawreview/article/download/78/78 http://d-scholarship.pitt.edu/17955/ http://lawreview.law.pitt.edu/ojs/lawreview/article/view/78 https://core.ac.uk/display/12214770 https://core.ac.uk/download/12214770.pdf,http://dx.doi.org/10.5195/lawreview.2007.78,,10.5195/lawreview.2007.78,2039061654,,0,,3,true,cc-by-nc-nd,hybrid
098-230-578-587-565,European Union Regulation of Transatlantic Data Transfers and Online Surveillance,2017-03-04,2017,journal article,Human Rights Law Review,14617781; 17441021,Oxford University Press (OUP),United Kingdom,Maria Tzanou,"This article provides an analysis of the Court of Justice of the European Union (CJEU) judgment in Schrems. It argues that this is a landmark decision for various reasons: it marks a victory of EU fundamental rights against Internet surveillance and confirms the broad reach of EU privacy law even outside the territorial borders of the EU. Nevertheless, two main lines of criticism are advanced. The first concerns the fundamental rights’ analysis of the CJEU, which fails to address some crucial problematic aspects of the US Internet surveillance programmes and modern electronic surveillance in general and raises confusion as to the concept of the ‘essence’ of fundamental rights. The second line of criticism regards the fundamental rights issues raised by Privacy Shield – the successor of the invalidated Safe Harbour – regarding transatlantic data transfers and the protection of EU persons’ fundamental rights from online surveillance after Schrems.",17,3,545,565,The Internet; Economic Justice; Privacy law; Political science; Law; Victory; European union; Successor cardinal; Criticism; Fundamental rights,,,,,https://academic.oup.com/hrlr/article/17/3/545/3061949 https://core.ac.uk/display/43763448 https://core.ac.uk/download/43763448.pdf,http://dx.doi.org/10.1093/hrlr/ngw046,,10.1093/hrlr/ngw046,2594601580,,0,,1,true,,green
098-771-306-959-339,Revising the US vertical merger guidelines: policy issues and an interim guide for practitioners,2015-12-17,2015,journal article,Journal of Antitrust Enforcement,20500688; 20500696,Oxford University Press (OUP),,Steven C. Salop; Daniel P. Culley,"Mergers and acquisitions are a major component of antitrust law and practice. The U.S. antitrust agencies spend a majority of their time on merger enforcement. The focus of most merger review at the agencies involves horizontal mergers, that is, mergers among firms that compete at the same level of production or distribution.; Vertical mergers combine firms at different levels of production or distribution. In the simplest case, a vertical merger joins together a firm that produces an input (and competes in an input market) with a firm that uses that input to produce output (and competes in an output market).; Over the years, the agencies have issued Merger Guidelines that outline the type of analysis carried out by the agencies and the agencies’ enforcement intentions in light of state of the law. These Guidelines are used by agency staff in evaluating mergers, as well as by outside counsel and the courts.; Guidelines for vertical mergers were issued in 1968 and revised in 1984. However, the Vertical Merger Guidelines have not been revised since 1984. Those Guidelines are now woefully out of date. They do not reflect current economic thinking about vertical mergers. Nor do they reflect current agency practice. Nor do they reflect the analytic approach taken in the 2010 Horizontal Merger Guidelines. As a result, practitioners and firms lack the benefits of up-to-date guidance from the U.S. enforcement agencies",4,1,1,41,Accounting; Business; Interim; Merger guidelines; Competition (economics); Antitrust enforcement,,,,,https://scholarship.law.georgetown.edu/facpub/1530/ https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2542&context=facpub https://academic.oup.com/antitrust/article-abstract/4/1/1/2196285 http://antitrust.oxfordjournals.org/content/4/1/1.short https://core.ac.uk/download/70375663.pdf,http://dx.doi.org/10.1093/jaenfo/jnv033,,10.1093/jaenfo/jnv033,3121337386,,0,,7,true,,green
098-786-065-216-201,The Gold Decisions,,1935,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,John Dickinson,,83,6,715,,Economics,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol83/iss6/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8728&context=penn_law_review https://core.ac.uk/download/151690098.pdf,http://dx.doi.org/10.2307/3308488,,10.2307/3308488,796598950,,0,,1,true,,
098-804-218-514-581,Crossing the Rubicon? The implications of RCEP on anti‐monopoly enforcement on dominant E‐commerce platforms in China,,2021,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Peicheng Wu; Charlie Xiao-chuan Weng; Sally-Ann Joseph,,42,,105608,,Business; International trade; China; Harm; Pace; Enforcement; Competition (economics); Monopoly; General partnership; E-commerce,,,,,https://doi.org/10.1016/j.clsr.2021.105608 https://www.sciencedirect.com/science/article/pii/S0267364921000819,http://dx.doi.org/10.1016/j.clsr.2021.105608,,10.1016/j.clsr.2021.105608,3200983658,,0,,2,false,,
098-951-977-864-291,The Feasibility of an “Injury Tax” Approach to Occupational Safety,,1974,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert S. Smith,"The Occupational Safety and Health Act of 1970 was enacted at least in part because of a twenty-five per cent rise in the overall manufacturing injury rate between 1964 and 1969.1 The congressional response was a mandatory standards approach to occupational injuries and disease. The Act also created a new agency, the Occupational Safety and Health Administration (OSHA), with the power to promulgate and enforce a variety of workplace standards. Failure by a firm to comply with OSHA's standards, as detected by unannounced inspections, was made punishable by fines up to $1,000 for each violation.2",38,4,730,744,Agency (sociology); Business; Occupational safety and health; Operations management; Administration (government); Injury rate,,,,,https://scholarship.law.duke.edu/lcp/vol38/iss4/8/ https://core.ac.uk/display/62555338 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3431&context=lcp https://www.jstor.org/stable/1190976 https://core.ac.uk/download/62555338.pdf,http://dx.doi.org/10.2307/1190976,,10.2307/1190976,2154053838,,0,,102,true,,green
100-301-350-968-332,Ensuring that Regional Trade Agreements Complement the WTO System: US Unilateralism a Supplement to WTO Initiatives?,2007-08-09,2007,journal article,Journal of International Economic Law,13693034; 14643758,Oxford University Press (OUP),United Kingdom,Matthew Schaefer,"In the mid-1990s, the policy debate within the WTO focused on whether regional trade agreements (RTAs) were building blocks or stumbling blocks for the WTO system, essentially questioning whether regionalism was appropriate at all from an economic policy perspective. Given the proliferation of RTAs since that time and the inability to roll back the clock, that policy debate has been replaced by a search for strengthened constraints on RTA activity that might ensure it complements the WTO system. Three major controversies within many existing RTAs are the exclusion of agriculture from coverage, complex and restrictive rules of origin, and varied treatment of the application of trade remedies. Despite some competing policy considerations, it is likely, on balance, that the WTO system would benefit if agriculture was required to be included in RTA coverage, if RTA rules of origin were simplified and liberalized, and if the controversy surrounding RTA treatment of trade remedies was cleared up. However, the search for constraints within the WTO system to achieve these results, either through the Doha negotiations or the dispute settlement system seems unlikely to succeed in the near future. Accordingly, enhanced and extended efforts by the US, either unilaterally or in conjunction with its RTA partners utilizing its negotiating leverage, may be a necessary supplement to efforts within the WTO in ensuring a more harmonious relationship between RTAs and the WTO system.",10,3,585,603,Clearance; International trade; Economics; Unilateralism; Negotiation; Rules of origin; Dispute settlement; Regional trade; Regionalism (international relations); Leverage (finance),,,,,https://ideas.repec.org/a/oup/jieclw/v10y2007i3p585-603.html https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1152147 https://core.ac.uk/display/17247796 https://academic.oup.com/jiel/article/10/3/585/2193485 https://econpapers.repec.org/RePEc:oup:jieclw:v:10:y:2007:i:3:p:585-603 https://digitalcommons.unl.edu/lawfacpub/56/ http://academic.oup.com/jiel/article-abstract/10/3/585/2193485 https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1055&context=lawfacpub https://core.ac.uk/download/188065013.pdf,http://dx.doi.org/10.1093/jiel/jgm017,,10.1093/jiel/jgm017,2167850956,,0,,7,true,,green
100-489-753-852-42X,The Constitutional Rights to Trial by Jury and Administrative Imposition of Money Penalties,,1976,journal article,Duke Law Journal,00127086,JSTOR,United States,Steven R. Gilford,,1976,4,723,,,,,,,https://core.ac.uk/download/62550720.pdf,http://dx.doi.org/10.2307/1371936,,10.2307/1371936,,,0,,0,true,,green
101-025-607-073-517,Right of Stoppage in Transitu,,1859,journal article,The American Law Register (1852-1891),15583813,JSTOR,,G. G. W.,,7,10,577,577,Business,,,,,https://core.ac.uk/download/151685160.pdf,http://dx.doi.org/10.2307/3302359,,10.2307/3302359,,,0,,1,true,,
101-049-358-687-986,Reflections on legal uncertainties for e-commerce transactions in Cameroon,2017-12-23,2017,journal article,The African Journal of Information and Communication (AJIC),20777213; 20777205,"Wits School of Literature, Language and Media (SLLM)",,Caroline Joelle Nwabueze,<jats:p />,20,20,171,180,Business; Commerce; E-commerce,,,,,http://www.scielo.org.za/pdf/ajic/v20/09.pdf https://www.africaneditors.org/journal/SAJIC/abstract/87073-187040 https://wiredspace.wits.ac.za/handle/10539/23499 http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S2077-72132017000100009 https://core.ac.uk/download/188769869.pdf,http://dx.doi.org/10.23962/10539/23499,,10.23962/10539/23499,2771181456,,0,,0,true,cc-by,gold
101-112-560-951-68X,On the Fundamentals of Law and Public Policy,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Kiyoung Kim,"We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status.",,,,,Comparative law; Common law; Political science; Public law; Law; Due process; Civil law (common law); Private law; Commercial law; Municipal law,,,,,https://philpapers.org/rec/KIMOTF-2 https://philpapers.org/archive/KIMOTF-2.pdf https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2686059_code2355001.pdf?abstractid=2593758&mirid=1 https://core.ac.uk/display/131214467 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2593758 https://www.philarchive.org/rec/KIMOTF-2 https://ssrn.com/abstract=2593758 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2686059_code2355001.pdf?abstractid=2593758&mirid=2 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2686059_code2355001.pdf?abstractid=2593758&mirid=1&type=2 https://core.ac.uk/download/131214467.pdf,http://dx.doi.org/10.2139/ssrn.2593758,,10.2139/ssrn.2593758,948054083,,0,007-559-323-256-732; 007-726-648-688-408; 012-208-022-194-466; 018-190-775-198-707; 020-039-543-547-226; 023-031-670-807-759; 028-072-687-534-294; 033-534-055-094-598; 037-118-944-065-597; 041-575-325-535-754; 055-094-355-478-560; 057-956-904-808-905; 059-429-088-218-760; 062-401-936-862-422; 067-262-153-950-885; 072-029-794-043-951; 077-413-548-207-63X; 082-017-810-867-550; 083-132-791-835-413; 099-179-152-289-881; 099-846-608-084-259; 103-573-153-101-893; 106-531-008-017-605; 117-255-819-865-043; 127-756-458-579-938; 138-893-838-528-016; 160-712-521-708-66X; 165-333-114-093-858; 168-238-132-863-346; 179-972-312-487-259; 181-056-041-874-115,1,true,,green
101-178-336-261-168,The Fairness Doctrine Today: A Constitutional Curiosity and an Impossible Dream,,1985,journal article,Duke Law Journal,00127086,JSTOR,United States,Thomas G. Krattenmaker; L. A. Powe,,1985,1,151,,,,,,,https://core.ac.uk/download/62550191.pdf,http://dx.doi.org/10.2307/1372437,,10.2307/1372437,,,0,,19,true,,green
101-215-142-158-453,The Commission's E-Commerce Sector Inquiry: Analysis of Legal Issues and Suggested Practical Approach,2015-07-28,2015,journal article,Journal of European Competition Law & Practice,20417764; 20417772,Oxford University Press (OUP),,Lars Kjølbye; Alessio Aresu; Sophia Stephanou,"On 6 May 2015 the European Commission launched a sector inquiry into the e-commerce sector. The investigation will focus on identifying and addressing barriers to cross-border e-commerce in digital content and tangible goods. In particular, the inquiry will target restraints in distribution agreements and unilateral conduct by companies having a strong market position. The EU digital single market (“DSM”) is a key priority for the Juncker Commission, and the sector inquiry is part of the DSM initiatives. This article will consider the application of EU competition rules in the context of the sector inquiry, and provide guidance to potential targets on the relevant legal issues and the likely areas of Commission focus. The article first outlines different online sales models for tangible goods and digital content. It then considers whether Article 101 TFEU is applicable to these models. The next section discusses existing Article 101 enforcement action and proposes an alternative framework to apply Article 101 TFEU to contractual arrangements which are common in e-commerce. Finally, the article considers the possible use of Article 102 as an enforcement instrument in this context. Our conclusion is that the existing precedents and guidance are ill-suited to address competition issues in e-commerce, as they were established in a “brick-and-mortar” world. Furthermore, the divergent approach to online sales in the context of existing enforcement actions at the national level, is problematic. The Commission’s inquiry will be be an excellent opportunity to clarify these issues in a way that ensures consistency across platforms and business models.",6,7,465,476,Business; Intangible good; Law and economics; Commission; Digital content; Enforcement; Context (language use); Competition (economics); Business model; E-commerce,,,,,http://academic.oup.com/jeclap/article-abstract/6/7/465/1790479 https://academic.oup.com/jeclap/article-abstract/6/7/465/1790479,http://dx.doi.org/10.1093/jeclap/lpv052,,10.1093/jeclap/lpv052,3122556133,,0,,3,false,,
101-582-161-672-196,KEBIJAKAN FORMULASI JUDI ONLINE DALAM HUKUM INDONESIA,2019-09-19,2019,journal article,VYAVAHARA DUTA,26145162; 19780982,Institut Hindu Dharma Negeri Denpasar,,Dewi Bunga,"Various electronic devices equipped with internet networks have opened up opportunities for emerging crimes in cyberspace. Online gambling is a form of traditional crime transformation that turns into a crime operating in cyberspace. In the formulation of legal policies in various countries, not all countries declare online gambling as a criminal act. There are countries that legalize online gambling, there are countries that are in the gray area, and some are banning online gambling. In this study there are two issues discussed, namely the application of jurisdiction in the criminal acts of online gambling and criminal law policies against online gambling. The application of jurisdiction in criminal acts of online gambling must pay attention to the rules of international law, where a country cannot enforce its rule of law in another country. Provisions regarding online gambling jurisdiction are regulated in Article 2 of Act Number 11 of 2008 concerning Electronic Information and Transactions. International cooperation in law enforcement on online gambling can be carried out as long as there are international agreements between countries and both countries alike establish online gambling as a crime. Criminal law policy on online gambling in Indonesia formulates online gambling as a criminal act as stipulated in Article 27 paragraph (2) of Act Number 11 of 2008 concerning Information and Electronic Transactions.",14,1,21,34,The Internet; Political science; Law; Criminal law; Rule of law; Jurisdiction; Law enforcement; Cyberspace; Legal policies; International law,,,,,http://ejournal.ihdn.ac.id/index.php/VD/article/download/1100/936 http://ejournal.ihdn.ac.id/index.php/VD/article/view/1100 https://core.ac.uk/download/pdf/291675153.pdf,http://dx.doi.org/10.25078/vd.v14i1.1100,,10.25078/vd.v14i1.1100,2981447165,,0,,0,true,cc-by-sa,gold
101-808-278-250-455,The Market Value of Who We Are: The Flow of Personal Data and Its Regulation in China,2017-04-12,2017,journal article,Media and Communication,21832439,Cogitatio,Portugal,Dong Han,"This article focuses on market-driven collection of personal data and its regulation in China. It argues that there is a growing demand for personal data from China’s advertising, marketing, and credit reporting businesses. Meanwhile, the rapid development of the Internet, notably social media and e-commerce, has generated very large pools of personal data on digital platforms. These two factors contribute to the fast growth of both legitimate and illegitimate collection and exploitation of personal information. Chinese laws and regulations lag behind the market and are not ready to regulate personal data as a key economic resource. They scatter in a wide array of economic and social sectors and lack a coherent structure and effective enforcement mechanism. Unspecified overarching rationale, ambivalent market regulation, inadequate enforcement, as well as safety risks of governmental databases are problems that hinder the protection of personal data in China. The role and implications of the new Internet Security Law, entering into force in June 2017, remain to be seen.",5,2,21,30,The Internet; Advertising; Business; Marketing; Personally identifiable information; Market value; Market orientation; Enforcement; Credit history; Data Protection Act 1998; E-commerce,,,,,https://opensiuc.lib.siu.edu/cgi/viewcontent.cgi?article=1002&context=jrnl_articles https://www.ssoar.info/ssoar/bitstream/document/55495/1/ssoar-mediacomm-2017-2-han-The_market_value_of_who.pdf https://ideas.repec.org/a/cog/meanco/v5y2017i2p21-30.html http://www.cogitatiopress.com/mediaandcommunication/article/view/890/890 https://opensiuc.lib.siu.edu/jrnl_articles/2/ https://www.cogitatiopress.com/mediaandcommunication/article/view/890 https://core.ac.uk/display/60591351 https://www.ssoar.info/ssoar/handle/document/55495 https://doaj.org/article/2aef16a7d6194ff6b75864f703181bd7 https://EconPapers.repec.org/RePEc:cog:meanco:v:5:y:2017:i:2:p:21-30 https://www.ssoar.info/ssoar/bitstream/document/55495/1/ssoar-mediacomm-2017-2-han-The_market_value_of_who.pdf,http://dx.doi.org/10.17645/mac.v5i2.890,,10.17645/mac.v5i2.890,2605463373,,0,,1,true,cc-by,gold
102-473-132-053-39X,Mengenali Masalah-masalah Hukum 'E-commerce',2013-09-18,2013,journal article,Law review,,,,Hardijan Rusli,"Companies have ventured onto the Information Superhighway in increasing numbers to  ""reduce distribution and marketing costs eliminate the middleman increase efficiency,  promote impulse transactions and streamline distribution to far-flung locales"" as well as to  ""connect directly with consumers at home streamline operations and internal transactions,  and increase business -to- business sales. The value of US based-commerce transactions was estimated to be $ 43 billion in 1998, and projected to grow to $ 1.3 trillion by 2003, over nine percent of total US business sales. More importantly, electronic commerce (""e-commerce "") stands on the threshold of broad global acceptance. According to projections bv one research firm, worldwide e-commerce sales will reach as high as $ 3.2 trillion in 2003, reprensenting nearly five percent of all global sales. Likewise, governments around the world have enthusiastically embraced e-commerce as a positive development that should be encouraged. For example, numerous governments have announced that fostering e-commerce is a major public policy objective. Indeed,  governments themselves have benefited from the e-commerce revolution by launching their own Web sites to better communicate with and serve constituents while reducing transaction costs. State upon state, and country upon country, have noted this movement online and responded by proposing, and in many cases enacting, e-commerce legislation and regulations on a wide variety of topics: taxation of e-commerce transactions, jurisdiction over online transactions, data protection and data privacy, confidentiality of e-commerce transaction (including export controls of encryption products), unsolicited commercial e-mail (spam), information security, and the enforceability of e-commerce transactions. (Thomas J. Smedinghoff, and Ruth Hill Bro.; Moving With Change: Electronic Signature, Legislation As A Vehicle For Advancing E-Commerce).How is Indonesia? Is Indonesia ready to have 'ONLINE LAW'? Like Robert F Kennedy said that ""unless we moved with change we would become its victims "".Indonesia has to have e-commerce transaction act because it is a positive development so there is no reason for not setting up the essential law. This article is about introducing what legal issues in e-commerce transactions.",1,2,,,Public policy; Business; Electronic signature; Law; Information superhighway; Legislation; Commerce; Data Protection Act 1998; Database transaction; E-commerce; Transaction cost,,,,,http://ojs.uph.edu/index.php/LR/article/download/20/17,http://ojs.uph.edu/index.php/LR/article/download/20/17,,,2553041685,,0,,0,false,,
102-601-829-836-857,The Privileges and Immunities of Federal Citizenship and Colgate v. Harvey,,1939,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Pendleton Howard,,87,3,262,,Political science; Law; Citizenship,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9014&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol87/iss3/2/ https://core.ac.uk/display/151690274 https://core.ac.uk/download/151690274.pdf,http://dx.doi.org/10.2307/3308629,,10.2307/3308629,613244234,,0,,0,true,cc0,green
102-803-184-316-517,"Achieving Sustainable E-Commerce in Environmental, Social and Economic Dimensions by Taking Possible Trade-Offs",2018-12-24,2018,journal article,Sustainability,20711050,MDPI AG,Switzerland,Judit Oláh; Nicodemus Mutinda Kitukutha; Hossam Haddad; Miklós Pakurár; Domicián Máté; József Popp,"The Internet revolution has led to the advancement of online business all over the world. The environmental, social, and economic aspects are significant to the e-commerce sector, on both the retailer and consumer sides. It cannot be over-emphasized how important the sustainability of e-commerce in all three dimensions is. E-commerce will allow consumers to shop online easily, at any hour of the day, using secure payment systems; furthermore, trust in retailers’ websites is of paramount importance to consumers. This calls our attention to the gap in previous studies, and consequently, the purpose of this study is to fill the gap, to ensure sustainable e-commerce in three dimensions; environmental, social, and economic. The question and aim under investigation are: How to integrate three dimensions into e-commerce to ensure that sustainability is achieved now and for future generations, while thriving as an industry? Collaboration is required, and all stakeholders in the virtual market must take appropriate responsibility. The methodology adopted is a review of previous studies done on each individual dimension of sustainability, since no joint studies have been carried out and integrated into the same literature framework. Furthermore, a case study involving companies in Kenya and Jordan is used in order to collect empirical data. The findings of the study show that: First, integration is essential for the sustainability of e-commerce in its three dimensions; second, trade-offs must be taken in the various dimensions in order for companies to realize sustainable e-commerce. This will go in hand with the realization of the maximum benefits of integrating the three dimensions in e-commerce to make it more sustainable. In conclusion, by applying these aspects of sustainability in e-commerce, it is clear that everyone wins. This is achieved by improving and safeguarding the quality of life by protecting the environment, preserving natural resources, and maintaining and sustaining the economy. The implications of the study are that, in order to make e-commerce more sustainable, to make decisions and take action, social/environmental/economic aspects must be considered as a fundamental element, and must be treated as a group and not separately as in previous studies. In this way, we can realize greater benefits, not only in online business sustainability, but also in policy-making and environmental protection, while companies will create economic value as well as avoiding labor unrest.",11,1,89,,The Internet; Environmental economics; Business; Payment; Order (exchange); Value (ethics); Dimension (data warehouse); Natural resource; Sustainability; E-commerce,,,,,https://ideas.repec.org/a/gam/jsusta/v11y2018i1p89-d192912.html https://econpapers.repec.org/RePEc:gam:jsusta:v:11:y:2018:i:1:p:89-:d:192912 https://dea.lib.unideb.hu/dea/bitstream/2437/262767/1/FILE_UP_1_EFOP%20Olah%20et%20al.%20E-commerce%20sustainability-11-00089.pdf https://dea.lib.unideb.hu/dea/handle/2437/262767 https://www.mdpi.com/2071-1050/11/1/89/pdf/1 https://www.mdpi.com/2071-1050/11/1/89/pdf https://www.mdpi.com/2071-1050/11/1/89 https://core.ac.uk/download/162301697.pdf,http://dx.doi.org/10.3390/su11010089,,10.3390/su11010089,2905975501,,0,000-854-922-257-38X; 002-580-303-030-474; 002-646-548-699-730; 004-003-906-776-382; 004-664-255-413-163; 005-953-330-569-430; 007-731-214-563-030; 008-475-635-041-237; 010-244-329-115-983; 011-717-386-052-29X; 012-216-434-575-361; 012-857-780-104-458; 012-859-382-645-311; 014-188-614-901-512; 015-478-275-298-828; 017-670-779-113-164; 017-973-147-985-368; 021-448-683-358-316; 021-575-971-426-338; 025-063-984-103-606; 027-195-057-923-344; 030-338-399-161-064; 031-371-005-509-031; 032-459-097-996-772; 033-029-111-214-690; 034-383-414-404-22X; 034-990-615-869-458; 036-274-523-561-961; 037-729-000-715-145; 038-973-275-891-798; 039-947-456-402-997; 040-884-976-550-117; 043-951-143-809-266; 045-660-183-050-349; 047-425-522-559-063; 047-639-366-535-29X; 047-830-340-407-295; 048-945-306-253-655; 049-393-203-707-312; 052-461-644-131-224; 053-618-638-819-566; 054-291-623-785-150; 056-643-190-762-672; 059-506-377-349-560; 060-516-515-740-897; 063-888-096-850-261; 066-049-518-234-672; 067-244-200-168-425; 068-471-716-964-672; 070-296-726-880-751; 070-361-809-532-435; 071-776-730-649-535; 072-748-060-664-629; 073-316-403-678-449; 075-660-759-339-97X; 076-645-478-405-775; 077-587-608-435-264; 078-306-002-798-602; 080-098-700-699-490; 080-574-304-976-112; 083-235-620-044-635; 083-589-053-700-920; 088-553-466-691-548; 089-806-130-797-815; 094-040-080-617-98X; 094-866-476-287-703; 095-773-186-461-236; 096-994-446-032-91X; 102-629-387-654-830; 107-216-937-366-144; 109-225-067-304-122; 113-721-430-425-023; 127-353-913-273-513; 135-260-985-098-475; 137-325-909-314-719; 139-214-829-160-300; 139-770-017-837-029; 145-847-274-612-963; 146-461-636-787-184; 152-740-223-710-284; 169-862-814-841-588; 178-613-709-534-892; 193-903-764-514-973; 197-853-558-076-338,76,true,cc-by,gold
102-887-625-244-960,EMPIRE AND INTERNATIONAL LAW: THE REAL SPANISH CONTRIBUTION,,2011,journal article,University of Toronto Law Journal,00420220; 17101174,University of Toronto Press Inc. (UTPress),Canada,Martti Koskenniemi,"<jats:p> The Spanish Scholastics of the sixteenth century are generally known as the precursors of Hugo Grotius in the application of natural law and the law of nations (ius gentium) to the political relations of early modern states. Their writings on the American Indians have been read as especially significant for the formation of the humanist–colonialist legacy of (European) international law. I have no quarrel with these views. This essay will, however, claim that the principal legacy of the Salamanca scholars lay in their development of a vocabulary of private rights (of dominium) that enabled the universal ordering of international relations by recourse to private property, contract, and exchange. This vocabulary provided an efficient articulation for Europe's ‘informal empire’ over the rest of the world and is still operative as the legal foundation of global relations of power. </jats:p>",61,1,1,36,Empire; International law; Political science; Law; Articulation (sociology); Humanism; Natural law; Politics; Vocabulary; Sociology; Philosophy; Linguistics,,,,,https://core.ac.uk/download/146449981.pdf,http://dx.doi.org/10.3138/utlj.61.1.001,,10.3138/utlj.61.1.001,,,0,,103,true,,green
103-078-052-388-479,Problems of Judicial Recognition and Enforcement in Cross-Border Insolvency Matters between Hong Kong and Mainland China,2015-08-19,2015,journal article,American Journal of Comparative Law,0002919x,Oxford University Press (OUP),United States,Emily Lee,"This Article first explores whether it is legally possible to extend the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned to cover cross-border insolvency matters between Hong Kong and mainland China and, if so, the advantages and disadvantages of so doing. It then examines other alternatives for facilitating judicial recognition and enforcement of judgments between the courts in Hong Kong and mainland China that focus specifically on cross-border insolvency judgments (including court orders) that concern both Hong Kong and mainland China, such as signing a new arrangement, a special treaty, or a Memorandum of Understanding. It seeks to highlight the deficiencies of the Arrangement as well as discuss the options to remedy those deficiencies. The situation for Hong Kong–China cross-border insolvency cases is opaque due to the lack of local cross-border insolvency legislation in Hong Kong. In China, there is only one article (article 5) of the 2006 Enterprise Bankruptcy Law that concerns crossborder insolvency, but that article is inapplicable to Hong Kong–China cross-border insolvency cases. That article is inapplicable because it applies only to cross-border insolvency cases involving a foreign state. Since Hong Kong is not a foreign state, it is precluded from the article's application. Also, Hong Kong and China have not adopted the UNCITRAL Model Law on Cross-Border Insolvency. Although internationally accepted soft law standards such as the Model Law can provide institutional guidance to cross-border insolvency matters, it is compatible with Hong Kong–China cross-border insolvency cases only when a third jurisdiction is involved. The lack of a formal judicial recognition mechanism for Hong Kong-China crossborder insolvency judgments creates problems such as legal uncertainty and forum shopping. This Article aims to raise awareness of the difficulties facing practitioners involved in Hong Kong–China crossborder insolvency cases and to share academic perspectives on the issue.",63,2,439,465,Mainland China; Political science; Law; Jurisdiction; Legislation; Forum shopping; Soft law; Cross-border insolvency; Insolvency; Bankruptcy,,,,,http://hub.hku.hk/bitstream/10722/200644/1/Content.pdf https://dialnet.unirioja.es/servlet/articulo?codigo=5395187 https://academic.oup.com/ajcl/article/63/2/439/2572152 http://hub.hku.hk/handle/10722/200644 https://core.ac.uk/download/38051437.pdf,http://dx.doi.org/10.5131/ajcl.2015.0012,,10.5131/ajcl.2015.0012,3123376823,,0,,18,true,cc-by-nc-nd,green
103-110-089-545-121,Legal aspect of online arbitration in European Union and China,2019-11-29,2019,journal article,Law Review,26211939; 14122561,Universitas Pelita Harapan,,Manja Indah Sari,"Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources. This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.",19,2,222,245,The Internet; Dispute resolution; Business; Government; Arbitration; Law and economics; Enforcement; European union; Database transaction; E-commerce,,,,,https://ojs.uph.edu/index.php/LR/article/view/1882/792 http://repository.uph.edu/8508/,http://dx.doi.org/10.19166/lr.v0i2.1882,,10.19166/lr.v0i2.1882,2995324373,,0,,0,true,cc-by-nc,gold
103-664-573-418-401,The nature of corporate crime in law enforcement of the criminal justice system in Indonesia,2020-06-14,2020,journal article,Jurnal Hukum Volkgeist,26216159; 2528360x,Universitas Muhammadiyah Buton,,Hadi Supriyanto,"<jats:p>Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.</jats:p>",4,2,166,179,Criminal justice; Political science; Law enforcement; Corporate crime; Criminology,,,,,https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/download/670/503 https://core.ac.uk/download/pdf/327176569.pdf,http://dx.doi.org/10.35326/volkgeist.v4i2.670,,10.35326/volkgeist.v4i2.670,3187248612,,0,,0,true,cc-by-sa,gold
103-680-321-919-859,Taxation of Contributions of Appreciated Property to Partnership Capital in Kind,,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,G. W. R. join(,,86,4,413,,Business; Property (philosophy); In kind; Market economy; General partnership; Capital (economics),,,,,https://core.ac.uk/display/151693639 https://core.ac.uk/download/151693639.pdf,http://dx.doi.org/10.2307/3308784,,10.2307/3308784,2797838307,,0,,0,true,,green
103-688-553-800-992,State Law of Contract Formation in the Shadow of the Federal Arbitration Act,,1996,journal article,Duke Law Journal,00127086,JSTOR,United States,Traci L. Jones,"The Federal Arbitration Act (FAA)1 was passed in 1925 to ensure the enforceability of arbitration clauses and codify the procedures through which such clauses would be enforced.2 Ever since its passage, state courts and legislatures have attempted to define the role that remains for state arbitration law in light of the Act's sweeping provisions.3 The dimensions of this role were sharply narrowed in a trilogy of opinions by the U.S. Supreme Court.4 These opinions broadened the scope of the FAA, perhaps beyond that which Congress originally intended,5 and established the FAA as a body of substantive federal law that preempts all contradictory state arbitration law.6 This broad interpretation of the FAA has been a source of controversy within the Supreme Court, among various federal courts, and between federal and state courts. The case which defined the preemptory effect of the FAA, Southland Corp. v. Keating,' revealed disagreement among the Justices over the FAA's preemptory force. Justices O'Connor and Rehnquist strongly dissented, arguing that the majority opinion ""utterly fail[ed] to",46,3,651,678,Arbitration; Compulsory arbitration; Political science; Exclusion clause; Law; Federal law; Federal Arbitration Act; Supreme court; Majority opinion; Legislature,,,,,https://scholarship.law.duke.edu/dlj/vol46/iss3/5/ https://core.ac.uk/display/62549178 https://www.jstor.org/stable/1372944 https://core.ac.uk/download/62549178.pdf,http://dx.doi.org/10.2307/1372944,,10.2307/1372944,1510979196,,0,,1,true,,green
104-016-711-482-569,"Liberalism, Public Morality, and Constitutional Law: Prolegomenon to a Theory of the Constitutional Right to Privacy",,1988,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,David A. J. Richards,"The legitimacy of the criminal law rests on the conception of public morality that a society regards as justly enforceable.' This conception of public morality has two components: a theory of morally wrong acts and a theory of culpability attributing blame for such acts.2 It also defines a corresponding theory of the moral virtues that the society praises and the moral vices that it condemns, because moral virtue is, at least in part, the effective desire and capacity to be free of culpable wrongdoing, and moral vice is the propensity to be guilty of such wrongdoing.3 Societies differ in their conceptions of public morality, defining the moral universe of wrongdoing, culpability, and vice in correspondingly different ways. What is the conception of enforceable public morality appropriate in a liberal society? John Stuart Mill gave the classic liberal answer to this question in the terms of his harm principle.4 According to this principle, subject to background duties of justice and fair contribution, the coercive power of the state can only be imposed for acts causing harms to other persons. Harms to self do not suffice.5 Mill justified the harm principle in terms of a doctrinal utilitarianism that is, in fact, inconsistent with the stringent demands that the principle imposes on the proper scope of the",51,1,123,150,Harm principle; Political science; Law; Virtue; Harm; Moral universe; Culpability; Public morality; Utilitarianism; Liberalism,,,,,https://scholarship.law.duke.edu/lcp/vol51/iss1/6/ https://www.jstor.org/stable/info/1191717 https://core.ac.uk/download/62554412.pdf,http://dx.doi.org/10.2307/1191717,,10.2307/1191717,1487277257,,0,,14,true,,green
104-081-730-606-302,Market Definition and Market Power in Data: The Case of Online Platforms,2015-12-01,2015,journal article,World Competition,10114548,Kluwer Law International BV,,Inge Graef,"<jats:p><jats:italic>With the emergence of data as an asset for market players operating in the digital economy, questions have risen about the relevance of data for competition enforcement. This article focuses on the role of data in the competitive process between online platforms including search engines, social networks and e-commerce platforms. After arguing that situations can be identified in which access to data is a competitive advantage for incumbents and an entry barrier for new entrants, it is analysed how a relevant market for data can be defined and how market power can be established in such a market. Most providers of online platforms do not trade data as a stand-alone product as a result of which no supply and demand exists and no relevant product market for data can be defined under current competition law standards. However, it may still be appropriate for competition authorities in this situation to assess proposed concentrations and alleged abusive behaviour of dominant firms beyond the relevant markets for the services provided to users and advertisers. By defining a wider market for data, a form of potential competition can be taken into account whereby market players also compete for the asset that is used as an input to develop or improve services offered on online platforms.</jats:italic></jats:p> <jats:p> </jats:p>",38,Issue 4,473,505,,,,,,,http://dx.doi.org/10.54648/woco2015040,,10.54648/woco2015040,,,0,,12,false,,
104-700-316-954-416,The proper Law for Electronic Commerce,,1998,journal article,Information & Communications Technology Law,13600834; 14698404,Informa UK Limited,United Kingdom,Assafa Endeshaw,"Abstract This article discusses the comparative merits of known alternatives in governing E‐commerce. First it deals with the reactive or speculative approach that tries to keep track of changes in technology by modifying the law piecemeal and attempting to fill gaps as soon as they appear. The discussion is restricted to issues relating to E‐commerce, namely the making of contracts, the forms of proving and enforcing them. Secondly, it examines the appropriateness of learning from the old law merchant and devising an international treaty for E‐commerce. It expresses the dilemma that E‐commerce poses as being to wait for enough customary practice to emerge before working out a treaty or developing a treaty that might be swept away by the speed of changes. The article concludes that while, for the moment at least, none of the alternatives might be more appropriate than the rest to the rapid growth of E‐commerce, treaties will inevitably become the dominant forms. The making of a treaty appears to be the on...",7,1,5,13,Theory of Forms; Law; Proper law; Making-of; Dilemma; Treaty; International treaty; Computer science,,,,,https://www.tandfonline.com/doi/abs/10.1080/13600834.1998.9965774,http://dx.doi.org/10.1080/13600834.1998.9965774,,10.1080/13600834.1998.9965774,2031219602,,5,054-464-431-916-630; 079-458-129-692-126; 128-765-146-586-080; 151-836-711-828-29X; 159-738-211-356-259,3,false,,
105-230-625-050-608,Counteracting Identity Fraud in the Information Age: The Identity Theft and Assumption Deterrence Act,,1999,journal article,"International Review of Law, Computers & Technology",13600869; 13646885,Informa UK Limited,United Kingdom,Kurt M. Saunders; Bruce Zucker,"The advent of the information age has created new challenges to the ability of individuals to protect the privacy and security of their personal information. One such challenge is that of identity theft, which has imposed countless hardships upon its victims. Perpetrators of this fraud use the identities of others to steal money, obtain loans, and generally violate the law. The Identity Theft and Assumption Deterrence Act of 1998 makes the theft of personal information with the intent to commit an unlawful act a federal crime in the United States with penalties of up to 15 years imprisonment and a maximum fine of $250,000. The Act designates the Federal Trade Commission to serve as an advocate for victims of identity fraud. This article first examines the problem of identity fraud and the inadequacy of existing remedies, and then assesses the need for and likely impact of the Act, as well as issues relating to the effectiveness of its future enforcement.",13,2,183,192,Business; Commit; Personally identifiable information; Commission; Identity fraud; Imprisonment; Enforcement; Deterrence (psychology); Identity theft; Criminology,,,,,https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1257&context=cjlpp https://www.tandfonline.com/doi/abs/10.1080/13600869955134 https://core.ac.uk/download/73963164.pdf,http://dx.doi.org/10.1080/13600869955134,,10.1080/13600869955134,3126036505,,0,079-111-937-252-257; 150-570-472-102-261; 151-634-304-626-644,43,true,,green
105-279-940-075-167,"Lessons and Best Practices for Designers of Fast Track, Low Value, High Volume Global E-Commerce ODR Systems",2015-12-31,2015,journal article,Penn State Journal of Law and International Affairs,,,,Louis F. Del Duca; Colin Rule; Brian Cressman,"The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR systems. E-commerce ODR systems like eBay’s provide a marketplace for e-commerce as well as an electronic system for fast track resolution of disputes which arise on their e-commerce marketplace. Ordinary systems do not provide an e-commerce marketplace but only provide for resolution of disputes. Accordingly, best practices developed by eBay’s e-commerce ODR system discussed in this article are generally applicable and needed by e-commerce ODR systems, but generally inapplicable and not needed by ordinary ODR systems. This article addresses development by eBay of its highly successful fast track low value high volume ecommerce ODR system by application of the following four best practices: (i) Low Value Parameters: Adoption of a generally applicable de facto low value workable monetary “standard” (for example, the Purchase Price “Money Back Guarantee” discussed infra) rather than a “numeric” (i.e. $15,000) monetary description for disputes which are eligible for resolution on the providers’ platforms facilitates global development of fast track low value high volume ODR systems. A $15,000, $10,000 or $5,000 monetary ceiling for low value disputes might * The beginning of this article addressing “Low Value Parameters” and “Limiting Types of Claims” was presented as a paper, authored by Louis F. Del Duca, Colin Rule, and Kathryn Rimpfel, entitled eBay’s De Facto Low Value High Volume Fast Track Resolution Process: Lessons and Best Practices for ODR Systems Designers (6 Y.B.Arb. & Mediation 204 (2014)) at the 17 Biennial Meeting of the International Academy of Commercial and Consumer Law held 16-19 July 2014 at the Istanbul Bilgi University in Turkey. We expand and update the earlier version with a discussion of eBay’s Automated Trustmark Evaluation/Feedback system and Private Enforcement of Settled Claims and Rulings of Neutrals system. ** Louis Del Duca is the Edward N. Polisher Distinguished Faculty Scholar Emeritus at the Penn State Dickinson School of Law. Colin Rule is formerly Director of Online Dispute Resolution for eBay and PayPal and presently CEO of Modria.com. Brian Cressman, The Penn State Dickinson School of Law, J.D. 2015. We wish to express thanks for the research assistance in preparation of this article to Kathryn Rimpfel, The Penn State Dickinson School of Law, J.D. 2014; Lina Ali, Research and Teaching Assistant, University of Basel, Switzerland; Jeremy O’Steen, The Penn State Dickinson School of Law, J.D. 2014; John Pokiniewski, The Penn State Dickinson School of Law, J.D. candidate 2016; Phillip Reinhart, The Penn State Dickinson School of Law, J.D. candidate 2016; and Maureen Rostad, The Penn State Dickinson School of Law, J.D. candidate 2017.",4,1,242,,Dispute resolution; Variety (cybernetics); Online dispute resolution; Political science; Mediation; Law and economics; Redress; Value (economics); Enforcement; E-commerce,,,,,http://www.colinrule.com/writing/ebaydd.pdf https://elibrary.law.psu.edu/jlia/vol4/iss1/13/ https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1113&context=jlia,https://elibrary.law.psu.edu/jlia/vol4/iss1/13/,,,2213453194,,0,,2,false,,
105-542-966-072-445,Leedom v. Kyne and the Implementation of a National Labor Policy,,1981,journal article,Duke Law Journal,00127086,JSTOR,United States,James F. Wyatt,,1981,5,853,,,,,,,https://core.ac.uk/download/62550427.pdf,http://dx.doi.org/10.2307/1372177,,10.2307/1372177,,,0,,0,true,,green
105-574-344-309-299,The Law Governing an Original Package,,1890,journal article,The American Law Register (1852-1891),15583813,JSTOR,,John B. Uhle,,38,7,409,,Applied mathematics; Mathematics,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol38/iss7/1/ https://core.ac.uk/display/151687174 https://core.ac.uk/download/151687174.pdf,http://dx.doi.org/10.2307/3305260,,10.2307/3305260,795202983,,0,,0,true,,green
106-038-512-547-518,Does the Ghost of Crowell v. Benson Still Walk,,1949,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Bernard Schwartz,,98,2,163,,Sociology,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol98/iss2/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8235&context=penn_law_review https://core.ac.uk/display/151693873 https://core.ac.uk/download/151693873.pdf,http://dx.doi.org/10.2307/3309774,,10.2307/3309774,845946297,,0,,1,true,,green
106-101-914-748-397,The Early History of English Bankruptcy,,1919,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Louis E. Levinthal,,67,1,1,,Actuarial science; Political science; History of English; Bankruptcy,,,,,https://core.ac.uk/display/151689435 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7675&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol67/iss1/1/ https://core.ac.uk/download/151689435.pdf,http://dx.doi.org/10.2307/3314453,,10.2307/3314453,822285574,,0,,5,true,,green
106-235-025-535-045,China’s merger control regime in the face of global Integration: features and implications,2011-03-16,2011,journal article,"Prismas: Direito, Políticas Públicas e Mundialização",18087477; 18099602,Centro de Ensino Unificado de Brasilia,,Hao Qian,"Since China’s merger control regime under the Anti-Monopoly Law (AML) was established in 2008, the enforcement record has given rise to growing concern that the system is inherently biased against foreign multinationals. This article conducts an analysis of the evolution of China's merger review system to assess this charge and its implications. China's steady economic development fueled by foreign investment has led to a domestic market featuring strong foreign presence. Foreign-domestic competition figured as an important issue for the policymakers, especially in anticipation of China's entry into the WTO. This concern precipitated the establishment in 2003 of the country's first merger review system, which only applied to M&As by and between foreign companies. Although the AML on its face applies generally to both foreign and Chinese firms, enforcement authorities have only intervened in foreign takeovers. China's merger control regime is different from that of mature market economies and has significant implications for itself as well as foreign investors.",7,2,,,Business; Prima facie; International economics; China; Mature market; Enforcement; Competition (economics); Merger control; Domestic market; Foreign direct investment,,,,,https://www.publicacoesacademicas.uniceub.br/prisma/article/download/1283/1162 https://www.publicacoesacademicas.uniceub.br/prisma/article/view/1283/1162 https://core.ac.uk/download/pdf/230218992.pdf,http://dx.doi.org/10.5102/prismas.v7i2.1283,,10.5102/prismas.v7i2.1283,3123659394,,0,009-426-637-079-293; 014-013-712-470-715; 062-401-049-439-206,0,true,,gold
106-292-881-966-092,"Constitutional Issues in the Supreme Court, 1937 Term",,1938,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Osmond K. Fraenkel,,87,1,50,,Political question; Political science; Law; Supreme court; Majority opinion; Remand (court procedure); Original jurisdiction,,,,,https://core.ac.uk/display/151690222 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9003&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol87/iss1/3/ https://core.ac.uk/download/151690270.pdf,http://dx.doi.org/10.2307/3309034,,10.2307/3309034,1595332161,,0,,0,true,,green
107-260-912-527-659,Why is it so difficult to construct an international legal framework for e-commerce? The Draft Hague Convention on Jurisdiction and the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters: A Case Study,,2002,journal article,European Business Organization Law Review,15667529; 17416205,Springer Science and Business Media LLC,Netherlands,Avril D. Haines,"The Hague Conference on private international law has been negotiating for some time a draft Convention on jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters. The draft Convention, otherwise known as the Judgments Project, is intended to create common jurisdictional rules for international civil and commercial cases and to provide for the recognition and enforcement of judgments issued by foreign courts under these rules. When discussions began on this Convention, e-commerce was not a consideration as it was not yet a reality. Since then, however, the importance of e-commerce within the context of the Convention has become all too obvious. In recent months, lawyers have gone so far as to tout the Judgments Project as “the most important legal event in the history of cyberspace”. A recent New York Times article even quoted a law school professor as saying that the Convention is “likely to shape the future of international e-commerce”. Some have seised upon the Project as an opportunity to create an international legal framework for the Internet, yet recent negotiations have proved this to be a difficult, if not impossible, task. Interestingly, this is not an isolated occurrence. Other intergovernmental organisations such as the World Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO) have also had difficulty negotiating international instruments with regard to the Internet, especially relating to the harmonisation of private international law rules. This article discusses the importance of building international co-operation for the development of e-commerce and examines the Internet related problems encountered in the Judgments Project, in an attempt to shed light on why it is so difficult to negotiate such co-operation. This article takes stock of the difficult policy decisions that must be made by States in order to push forward and concludes with some thoughts on how States and intergovernmental organisations might move ahead in obtaining greater international co-operation within regard to the Internet.",3,1,157,194,European Union law; Political science; Law; Jurisdiction; Enforcement; Enforcement of foreign judgments; Convention; Cyberspace; Intellectual property; Conflict of laws,,,,,https://www.infona.pl/resource/bwmeta1.element.springer-b7ad473f-8036-3aba-a375-2f81e84ff704 https://www.cambridge.org/core/journals/european-business-organization-law-review-ebor/article/why-is-it-so-difficult-to-construct-an-international-legal-framework-for-ecommerce-the-draft-hague-convention-on-jurisdiction-and-the-recognition-and-enforcement-of-foreign-judgments-in-civil-and-commercial-matters-a-case-study/237CC4383CF8E26D63E1B89EDD5BF869 https://link.springer.com/article/10.1017/S1566752900000859,http://dx.doi.org/10.1017/s1566752900000859,,10.1017/s1566752900000859,2024448070,,0,019-232-492-255-926; 037-122-089-217-175; 046-823-420-366-110; 062-654-054-143-958; 091-045-531-329-877; 094-240-327-180-887; 132-336-549-980-516; 188-948-799-288-652; 191-228-926-712-560,2,false,,
107-462-162-501-825,The UAE’s Pilgrimage to International Arbitration Stardom - A Critical Appraisal of Dubai as a Centre of Dispute Resolution Aspiring to be a Middle East Business Hub,2014-04-09,2014,journal article,The Journal of World Investment & Trade,16607112; 22119000,Brill,,Ahmed M. Almutawa; A. F. M. Maniruzzaman,"The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developments. Forward thinking and innovative pro-arbitration institutions like the Dubai International Arbitration Centre (DIAC) - the leading arbitration centre in the UAE; the Dubai International Financial Centre (DIFC) - a common law free zone within Dubai with its own sets of laws, including the DIFC Arbitration Law, and its own court system (DIFC Courts) both of which are separate from Dubai and UAE laws and judicial systems; and the DIFC-LCIA Arbitration Centre, have turned Dubai into a growing propitious arbitration hub (i.e. a pro-arbitration and pro-enforcement jurisdiction) in the Middle East. While doubts continue to be raised with regard to the role and influence of the Shari’a on the arbitration process and on the enforceability of arbitral awards in Dubai, an examination of recent developments and trends in the arbitration rules and case law in Dubai reveals a promising environment for international arbitration, except for a few cases that followed formalistic grounds for denying enforcement. Recent cases from the UAE, and especially from Dubai, reveal a new attitude pervading the UAE judiciary that is more welcoming of the New York Convention and that is less likely to interfere with the merits of an arbitral award. However, the new UAE Draft Federal Arbitration Law is yet to be enacted. The article provides a critical appraisal of the recent legislative and institutional developments and international arbitral practice in the UAE and assesses Dubai’s prospect to be a Middle East business hub.",15,2,193,244,Dispute resolution; Arbitration; Common law; Political science; Law; Jurisdiction; International arbitration; Convention; International law; Legislature,,,,,https://booksandjournals.brillonline.com/content/journals/10.1163/22129000-01502006 https://researchportal.port.ac.uk/portal/files/3683088/MUNIR_2014_cright_JWIT_The_UAE_s_pilgrimage_to_international_arbitration_stardom.pdf https://brill.com/view/journals/jwit/15/1-2/article-p193_6.xml?language=en https://www.transnational-dispute-management.com/article.asp?key=2202 https://researchportal.port.ac.uk/portal/en/publications/the-uaes-pilgrimage-to-international-arbitration-stardom(96e4955e-6af1-4e95-accb-50bf9e6a1f27)/export.html https://core.ac.uk/download/44335877.pdf,http://dx.doi.org/10.1163/22129000-01502006,,10.1163/22129000-01502006,3022566944,,0,,3,true,,green
107-721-446-104-446,The impact of blockchain technologies and smart contracts on dispute resolution: arbitration and court litigation at the crossroads,2019-05-16,2019,journal article,Uniform Law Review,11243694; 20509065,Oxford University Press (OUP),,Pietro Ortolani,"<jats:title>Abstract</jats:title>;                <jats:p>This article investigates the twofold impact that blockchain technologies and smart contracts have on dispute resolution. On the one hand, these technologies enable private parties to devise arbitral systems that are self-enforcing and, therefore, largely bypass the recognition and enforcement procedures through which State courts traditionally exert a certain control over arbitration. This phenomenon may in the future allow arbitration to become entirely self-sufficient, thus leading to the marginalization of State courts. On the other hand, however, such a marginalization has not taken place yet; to the contrary, the recent blockchain-related phenomenon of initial coin offerings has given rise to some prominent court cases. These cases raise particularly interesting jurisdictional questions, especially in light of the difficulty of reconciling the decentralized nature of the blockchain with the territorial approach whereby jurisdiction is typically allocated among national courts.</jats:p>",24,2,430,448,Dispute resolution; Business; Arbitration; Law and economics; Blockchain,,,,,https://repository.ubn.ru.nl/bitstream/2066/206186/1/206186.pdf https://www.narcis.nl/publication/RecordID/oai%3Arepository.ubn.ru.nl%3A2066%2F206186 https://academic.oup.com/ulr/article/24/2/430/5490658 https://core.ac.uk/download/226971196.pdf,http://dx.doi.org/10.1093/ulr/unz017,,10.1093/ulr/unz017,2946489553,,0,,8,true,cc-by-nc,hybrid
107-894-977-458-96X,Law enforcement practices in the first two states in U.S. to legalize recreational marijuana,2018-10-26,2018,journal article,The International journal on drug policy,18734758; 09553959,Elsevier,Netherlands,Terra Wiens; Kathleen M. Lenk; Lindsey E. A. Fabian; Darin J. Erickson,,61,,38,43,Recreation; Business; Occupational safety and health; Injury prevention; Legalization; Enforcement; Law enforcement; Poison control; Suicide prevention; Criminology,Enforcement; Legalization; Marijuana,Alcohol Drinking/legislation & jurisprudence; Colorado; Commerce/legislation & jurisprudence; Hallucinogens; Humans; Law Enforcement; Local Government; Marijuana Abuse/prevention & control; Marijuana Use/legislation & jurisprudence; State Government; Surveys and Questionnaires; Washington,Hallucinogens,University of Minnesota,https://www.safetylit.org/citations/index.php?fuseaction=citations.viewdetails&citationIds[]=citjournalarticle_596286_19 https://europepmc.org/article/MED/30388568 https://experts.umn.edu/en/publications/law-enforcement-practices-in-the-first-two-states-in-us-to-legali https://www.sciencedirect.com/science/article/pii/S095539591830255X https://www.ncbi.nlm.nih.gov/pubmed/30388568,http://dx.doi.org/10.1016/j.drugpo.2018.08.018,30388568,10.1016/j.drugpo.2018.08.018,2898344760,,0,000-628-560-516-122; 002-726-364-246-390; 004-345-498-457-322; 004-396-272-386-875; 007-292-094-171-638; 016-975-809-624-645; 017-587-865-156-331; 018-760-202-971-477; 019-833-837-455-83X; 020-522-931-105-462; 034-272-879-899-806; 037-413-727-525-253; 037-439-780-763-125; 056-979-948-669-412; 059-776-788-904-047; 060-663-966-737-873; 068-492-652-675-339; 082-794-668-942-228; 098-706-179-631-435; 137-610-176-470-775,8,false,,
107-902-958-828-408,The state of research on arbitration and EU law : Quo vadis European arbitration?,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Barbara Alicja Warwas,"The goal of this article is to provide a systematic literature review of studies on arbitration in recent decades. The major focus is on emerging developments in arbitration and EU law. The review will thus map the research on these developments and summarize its major findings to provide a better understanding of new trends in the scholarly literature on arbitration and EU law, and to identify research gaps to be addressed in the future. Just as almost 20 years ago Pieter Sanders addressed the then emerging problems of arbitration practice and posed a question: “Quo Vadis Arbitration?” this paper asks the question “Quo Vadis European Arbitration”? Hence, it aims at depicting the current and future direction of EU law and arbitration by proposing a common platform for discussion on these two distinct yet increasingly overlapping fields.",,,,,Empirical research; Arbitration; Political science; Systematic review; Law; State (polity),,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2878894 https://cadmus.eui.eu/handle/1814/44226 https://core.ac.uk/display/79665422 https://core.ac.uk/download/pdf/79665422.pdf,http://dx.doi.org/10.2139/ssrn.2878894,,10.2139/ssrn.2878894,2559272536,,0,000-904-958-761-88X; 002-449-196-608-600; 002-929-059-898-800; 003-361-015-450-884; 004-730-261-927-307; 005-188-533-754-550; 005-858-838-297-194; 007-325-528-345-171; 009-648-840-541-731; 013-681-655-846-911; 014-712-731-855-541; 018-091-569-359-553; 020-203-652-392-392; 022-066-580-275-406; 022-373-228-012-391; 022-376-646-365-265; 023-887-726-912-805; 026-056-412-933-445; 026-782-893-525-878; 028-332-704-887-648; 035-294-306-680-720; 036-557-328-734-337; 036-782-799-372-281; 037-339-718-275-309; 037-854-452-073-991; 038-775-105-713-588; 045-532-621-253-319; 045-773-111-908-212; 045-812-454-415-224; 048-753-728-885-525; 050-866-843-209-525; 051-362-698-974-868; 053-201-987-739-210; 054-380-853-895-261; 054-671-623-089-192; 058-137-502-742-517; 059-483-402-720-175; 060-635-900-932-694; 063-533-837-077-307; 068-523-624-504-398; 070-199-162-321-377; 071-327-097-241-337; 071-758-428-805-614; 071-892-280-404-669; 074-123-859-628-875; 074-188-580-393-770; 076-284-740-833-425; 076-457-090-840-668; 077-069-581-646-677; 077-365-415-029-629; 079-294-468-018-859; 080-016-855-021-703; 082-289-069-938-49X; 082-653-145-364-95X; 083-654-051-625-267; 087-388-643-251-680; 091-645-977-021-040; 093-519-579-929-956; 099-372-846-683-028; 101-247-493-392-862; 102-445-435-024-213; 103-361-395-579-473; 116-667-012-283-119; 117-316-832-816-795; 117-707-951-348-929; 118-009-225-102-842; 121-373-717-788-35X; 124-137-366-254-413; 126-605-354-449-827; 129-944-859-736-085; 131-321-745-163-494; 131-822-518-591-064; 133-884-655-501-754; 135-767-246-898-13X; 137-145-522-092-797; 137-149-409-029-989; 142-694-751-732-164; 142-983-191-422-918; 146-027-607-587-325; 146-104-904-245-344; 147-539-691-813-377; 154-563-666-409-704; 154-852-205-256-996; 157-923-808-763-588; 161-640-609-045-908; 166-855-117-076-046; 172-921-435-285-003; 178-669-246-807-761; 187-579-337-719-30X; 193-815-099-469-542,0,true,,green
107-958-600-391-224,The Cross-Border Electronic Supply EU-VAT Rules : Lessons for Australian GST,2004-01-01,2004,journal article,Revenue Law Journal,22024859; 10347747,Bond University,,Chris Alexiou; David Morrison,"Consumption tax on electronic commerce (‘e-commerce’) is a matter of concern for both the OECD and the Australian taxation authorities. ; ; The OECD established a legal framework for consumption taxation of electronic supplies in a cross-border trade environment. Based on these principles, the EU adopted VAT rules on electronic supplies. Australia has been reluctant thus far.This article examines whether the amended EU-VAT Directive might serve as a model for Australia’s GST regime. The VAT and GST legislation of both the European Union and Australia is analysed and compared, with particular focus on cross-border e-commerce supplies and enforcement issues. The political and administrative aspects of EU-VAT Directives are also considered. The article concludes that the provisions of the EU-Directive concerning e-commerce are transferable to the Australian GST regime.",14,1,7,,Economic policy; Value-added tax; International trade; Economics; Direct tax; Consumption tax; European union; Double taxation; Ad valorem tax; Tax law; International taxation,,,,,https://espace.library.uq.edu.au/view/UQ:70780 https://rlj.scholasticahq.com/article/6657 http://www5.austlii.edu.au/au/journals/RevenueLawJl/2004/7.pdf,http://dx.doi.org/10.53300/001c.6657,,10.53300/001c.6657,1483586165,,0,,4,true,cc-by-nc-nd,hybrid
108-456-976-569-090,Islamic Contracts of Finance in Malaysia,2014-03-30,2014,journal article,Studia Islamika,23556145; 02150492,"Studia Islamika, Center for the Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University of Jakarta",Indonesia,Matt Richards,"This paper explores the legal issues that arise in several of the principal instruments currently used in Islamic financing in Malaysia. Through the document review, it is submitted that these financial instruments consist of English-Malaysian commercial law, albeit set within an Islamic periphery. A consideration of how Islamic law could affect the litigation of these instruments is also undertaken and it is further submitted that given the current statutory and judicial framework of Islamic banking in Malaysia, the effect of Islamic commercial law upon these contracts appears to be morally exhortative, rather than legally enforceable. Finally, it is concluded that Islamic law is presently consigned to the margins of these financial contracts, and the consequences that arise from this conclusion are discussed. DOI:  10.15408/sdi.v10i1.641",10,1,,,Finance; Statutory law; Economics; Sharia; Financial instrument; Law; Principal (commercial law); Islamic banking; Islam; Commercial law,,,,,https://core.ac.uk/display/25696087 http://journal.uinjkt.ac.id/index.php/studia-islamika/article/view/641 http://journal.uinjkt.ac.id/index.php/studia-islamika/article/download/641/528 https://core.ac.uk/download/pdf/297840163.pdf,http://dx.doi.org/10.15408/sdi.v10i1.641,,10.15408/sdi.v10i1.641,2063864098,,0,,0,true,cc-by-nc,hybrid
108-491-093-034-790,The Proposed Food and Drugs Act: A Legal Critique,,1933,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Mitchell Salem Fisher,,1,1,74,119,Political science; Law,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1695&context=lcp https://core.ac.uk/display/62558977 https://scholarship.law.duke.edu/lcp/vol1/iss1/11/ https://core.ac.uk/download/62558977.pdf,http://dx.doi.org/10.2307/1189456,,10.2307/1189456,1576672140,,0,,1,true,,green
109-398-157-354-532,"The Battle That Never Was: Congress, the White House, and Agency Litigation Authority",,1998,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Neal Devins; Michael Herz,"Who should speak the government’s voice in court? Specifically, are the interests of the United States better represented by generalist litigators in the Department of Justice (“DOJ”) or agency lawyers with subject matter expertise? For DOJ and agency lawyers, this question is of monumental importance. For members of Congress and their staff, however, this question is almost always a nonstarter. Witness, for example, our experience in conducting a study for the Administrative Conference of the United States (“ACUS”) on DOJ control of government litigation. Before the study was approved, C. Boyden Gray, President Bush’s White House Counsel and a member of ACUS’s board, insisted that the project be blessed by Clinton Justice Department officials. Once approved, the project provoked dramatically different responses from agency and DOJ officials as well as congressional overseers. For agency lawyers, our project was a breath of fresh air—a chance to extol their underutilized litigation skills and vent frustration at DOJ. For some DOJ officials, our project was an invitation to disaster. Indeed, our inquiries about the distribution of litigation authority prompted one high-ranking DOJ official to lobby ACUS to kill the project. In the halls of Congress, however, staffers on the Senate Judiciary and House Energy and Commerce committees wondered why two law professors would invest so much energy in a project that held so little interest.",61,1,205,222,Agency (sociology); Economic Justice; Government; Political science; Law; Control (management); Witness; Acus; Battle; White (horse),,,,,https://scholarship.law.wm.edu/facpubs/444/ http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1078&context=lcp https://scholarship.law.duke.edu/lcp/vol61/iss1/13/ https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1393&context=facpubs https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1393&amp;context=facpubs,http://dx.doi.org/10.2307/1192388,,10.2307/1192388,3124811667,,0,,5,true,,green
109-487-624-888-184,The NGO law in China and its impact on Overseas funded NGOs,2017-12-01,2017,journal article,Cosmopolitan Civil Societies: An Interdisciplinary Journal,18375391,"University of Technology, Sydney (UTS)",,C Feng,"The Law of the People’s Republic of China on Administration of Activities of Overseas Non-governmental Organisations in the Mainland of China (Overseas NGO Law), adopted at the 20th Meeting of the 12th Standing Committee of the National People’s Congress on 28 April 2016, came into force on 1 January 2017. The Chinese authorities explained that this new law is a major step “to standardise and guide the activities of overseas non-governmental organisations” in line with the objective of the Chinese Communist Party “to comprehensively promote the rule of law and to build a socialist country under the rule of law” . However, foreign NGOs in China have reacted to the new law with grave concern and anxiety. This article provides an analysis on the main features of the Law and assess its intention, impact and consequences.",9,3,95,105,Mainland China; Political science; Constitutional law; China; Law; Administration (government); Rule of law; Civil society; Communism,,,,,https://epress.lib.uts.edu.au/journals/index.php/mcs/article/download/5601/6186 https://core.ac.uk/display/132607550 https://opus.lib.uts.edu.au/bitstream/10453/124208/1/5601-26007-2-PB.pdf https://search.informit.org/doi/10.3316/INFORMIT.309840437088070 https://epress.lib.uts.edu.au/journals/index.php/mcs/article/view/5601/6272 https://core.ac.uk/download/213627409.pdf,http://dx.doi.org/10.5130/ccs.v9i3.5601,,10.5130/ccs.v9i3.5601,2774404143,,0,,10,true,cc-by,gold
109-581-794-599-124,NATIONAL CYBERSECURITY POLICY IN THE U.S AND INDONESIA,2019-11-02,2019,journal article,UNTAG Law Review,25494910; 25795279,Fakultas Hukum UNTAG Semarang,,Anang Setiyawan,"Cyber attacks are a dangerous threat to a country that has a high dependence on communication and information technology. Cyber attacks can be used systematically to disrupt and dysfunction an infrastructure and network so that it can cause not only physical damage but also fatalities. Cyber attacks are complex and multidomain; consequently, they require comprehensive and targeted policies. Indonesia in the early stages of developing cyber policies, therefore it can learn from America in developing policies in dealing with cyber threats.",3,1,71,87,Information technology; Business; Cyber threats; Computer security,,,,,http://jurnal.untagsmg.ac.id/index.php/ulrev/article/download/1071/987 http://jurnal.untagsmg.ac.id/index.php/ulrev/article/view/1071 https://core.ac.uk/download/249338646.pdf,http://dx.doi.org/10.36356/ulrev.v3i1.1071,,10.36356/ulrev.v3i1.1071,3003847987,,0,,1,true,cc-by-nc,gold
109-935-345-359-120,Intimations of Federal Removal Jurisdiction in Labor Cases: The Pleadings Nexus,1981-12-31,1981,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Michael B. Thornton,,30,4,743,764,Economic policy; Nexus (standard); Subject-matter jurisdiction; Political science; Law and economics; Jurisdiction; Collective labor agreements; Original jurisdiction,,,,,https://paperity.org/p/84433406/intimations-of-federal-removal-jurisdiction-in-labor-cases-the-pleadings-nexus https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2785&context=dlj https://core.ac.uk/display/62550429 https://scholarship.law.duke.edu/dlj/vol30/iss4/4/ https://core.ac.uk/download/62550429.pdf,https://paperity.org/p/84433406/intimations-of-federal-removal-jurisdiction-in-labor-cases-the-pleadings-nexus,,,1550788073,,0,,1,true,,
109-997-374-678-36X,The impacts of Information and Communications Technology (ICT) and E-commerce on bilateral trade flows,2017-04-05,2017,journal article,International Economics and Economic Policy,16124804; 16124812,Springer Science and Business Media LLC,Germany,Zhongwei Xing,"This study examines the impact of Internet and e-commerce adoption on bilateral trade flows using a panel of 21 developing- and least-developed countries and 30 OECD countries. Given the commitment of East African Community (EAC) to become the frontrunner in export-led economy across the African continent, special attention is dedicated to analyse the role of ICT and e-commerce on EAC’s export performance. The empirical results indicate that better access to the modern ICT and adoption of e-commerce applications stimulate bilateral trade flows at various levels. The study notes that the efficient use of ICT equipped with highspeed internet and secured servers is a crucial milestone for unlocking the e-trade potentials for developing- and least-developed counties.",15,3,565,586,The Internet; International trade; Economics; Public finance; Export performance; Bilateral trade; Information and Communications Technology; E-commerce; Gravity model of trade; Server,,,,University of Lincoln,https://link.springer.com/article/10.1007/s10368-017-0375-5 https://link.springer.com/10.1007/s10368-017-0375-5 https://ideas.repec.org/a/kap/iecepo/v15y2018i3d10.1007_s10368-017-0375-5.html https://eprints.lincoln.ac.uk/id/eprint/24682/ https://EconPapers.repec.org/RePEc:kap:iecepo:v:15:y:2018:i:3:d:10.1007_s10368-017-0375-5 https://core.ac.uk/display/81516749 https://link.springer.com/content/pdf/10.1007%2Fs10368-017-0375-5.pdf https://paperity.org/p/79483365/the-impacts-of-information-and-communications-technology-ict-and-e-commerce-on-bilateral https://core.ac.uk/download/80684500.pdf,http://dx.doi.org/10.1007/s10368-017-0375-5,,10.1007/s10368-017-0375-5,2591636887,,0,000-688-339-643-960; 002-472-980-442-283; 004-787-376-779-794; 012-160-917-586-313; 014-044-870-311-308; 015-324-327-607-951; 021-435-259-041-499; 032-139-166-911-857; 036-492-879-192-621; 041-810-665-227-421; 045-638-979-146-951; 047-483-088-068-653; 053-909-915-673-48X; 054-920-073-793-664; 058-870-031-359-096; 060-490-433-842-950; 068-354-116-073-734; 071-593-292-900-440; 074-121-650-957-353; 076-705-937-892-683; 079-298-029-451-341; 080-843-171-959-61X; 087-959-536-613-70X; 088-472-111-957-496; 097-383-353-676-568; 098-885-240-985-547; 101-646-465-504-861; 105-338-393-365-145; 115-799-970-285-992; 121-394-722-855-679; 125-724-447-463-80X; 130-810-290-011-582; 138-875-849-084-044; 144-542-078-132-491; 150-372-244-980-17X; 150-803-909-714-979; 152-134-971-089-665; 157-512-524-993-051; 165-024-785-162-202; 168-743-605-192-00X; 169-393-051-806-135; 172-241-950-093-322; 174-804-018-656-678; 182-959-372-263-478; 187-814-108-592-744; 192-367-831-032-729,59,true,cc-by,green
110-243-777-347-017,"""An Honest Living"": Street Vendors, Municipal Regulation, and the Black Public Sphere",,1994,journal article,The Yale Law Journal,00440094,JSTOR,United States,Regina Austin,"I, like many blacks, believe that an oppressed people should not be too law abiding, especially where economics is concerned.' The economic system that has exploited us is not likely to be effectively exploited by us if we pay too much attention to the law. Moreover, for some poor blacks, breaking the law is not only a way of life; it is the only way to survive. Thus, what is characterized as economic deviance in the eyes of a majority of people may be viewed as economic resistance by a significant number of blacks. I am not asserting that blacks advocate anarchy, nor do I believe that they romanticize lawbreaking more than anyone else. Rather, I am simply arguing that many blacks rightly understand that the line between the legal and the illegal in the area of economic activity is ephemeral and that the determination of the precise point at which the line is drawn is a matter of political struggle. Accordingly, blacks need to be in the thick of the battle, fighting for their",103,8,2119,,Political science; Public law; Law and economics; Law; Living street; Battle; Public sphere; Politics; Deviance (sociology),,,,,https://scholarship.law.upenn.edu/faculty_scholarship/817/ https://digitalcommons.law.yale.edu/ylj/vol103/iss8/1/ https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7560&context=ylj https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1817&context=faculty_scholarship https://core.ac.uk/download/151687292.pdf,http://dx.doi.org/10.2307/797041,,10.2307/797041,213887322,,0,,43,true,,green
110-448-005-754-527,Group Rates: A Questionable Feature of the Railroad Rate Structure,,1949,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,T. M. H. join(,,98,2,204,,Structure (category theory); Artificial intelligence; Pattern recognition; Computer science; Feature (computer vision); Group (mathematics),,,,,http://dx.doi.org/10.2307/3309776 https://core.ac.uk/download/151693840.pdf,http://dx.doi.org/10.2307/3309776,,10.2307/3309776,2796136592,,0,,0,true,,
110-579-125-461-825,Foreign States’ Amicus Curiae Participation in U.S. Antitrust Cases,2016-11-17,2016,journal article,The Antitrust Bulletin,0003603x; 19307969,SAGE Publications,,Marek Martyniszyn,Foreign states’ amicus curiae briefs submitted before the U.S. courts are a special type of pleading. This article analyzes such submissions made in U.S. antitrust cases during the period 1978 to 2...,61,4,611,642,Economics; Law; Extraterritorial jurisdiction; Competition law; Deference; Pleading,,,,,https://pure.qub.ac.uk/en/publications/foreign-states-amicus-curiae-participation-in-us-antitrust-cases https://journals.sagepub.com/doi/full/10.1177/0003603X16677782 https://pureadmin.qub.ac.uk/ws/files/120652180/Martyniszyn_amicus_curiae_antitrust.pdf http://journals.sagepub.com/doi/abs/10.1177/0003603X16677782 https://core.ac.uk/download/74407002.pdf,http://dx.doi.org/10.1177/0003603x16677782,,10.1177/0003603x16677782,2553860164,,0,,2,true,,green
110-748-220-975-546,The Perspective of Islamic Law on a Mismatched Object in Online Sales and Purchases Transactions,2019-07-29,2019,journal article,Lentera Hukum,26213710; 23554673,UPT Penerbitan Universitas Jember,,Intan Mukarromah Mustikawati; Mardi Handono; Emi Zulaika,"<jats:p>Online transaction is a cross-personal action done by two or more parties to reach an agreement. The law of sales and purchases in Islam requires the double coincidence of wants as a measure of transaction validity. However, humans will always find the double coincidence of wants as a remote probability. Therefore, the previous Ulamas set an ijab-qabul as a symbolization of the double coincidence of wants. A qabul is an expression of the handed over of one's ownership rights to a particular party, and vice versa, as well as a sign that both of the parties have agreed on the contract (akad).&#x0D;; Keywords: Online Transactions, Buying and Selling in Islamic Law, Object Mismatches.</jats:p>",6,2,223,,Advertising; Business; Sharia; Perspective (graphical); Object (philosophy),,,,,https://jurnal.unej.ac.id/index.php/eJLH/article/download/10839/7063 https://core.ac.uk/download/pdf/295409118.pdf,http://dx.doi.org/10.19184/ejlh.v6i2.10839,,10.19184/ejlh.v6i2.10839,2976642738,,0,004-124-009-249-591; 127-224-455-882-184,0,true,cc-by-sa,gold
110-930-293-000-353,The FTC's Annual Line-of-Business Reporting Program,,1975,journal article,Duke Law Journal,00127086,JSTOR,United States,Kenneth C. Hunt,,1975,2,389,,,,,,,https://core.ac.uk/download/62560218.pdf,http://dx.doi.org/10.2307/1371996,,10.2307/1371996,,,0,,0,true,,green
111-312-368-482-288,Updating the EU Internal Market Concept,,2018,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Ioannis Lianos,"The study analyses the EU Internal market from a dynamic and a contextual perspective, taking into account, not just the normative changes brought by the intense legislative and judicial activity in this area, but also the important economic and technological transformations that have largely altered the structure of the global economy in the last two to three decades. These could, in my view, challenge the first principles upon which the EU economic integration process and, in particular the “single market” idea, is based. This “updating” of the Internal market project is essential if one is to critically reflect on the role and the specificity of the EU integration process, in the context of the broader globalization movement. The first part of the paper introduces the “neo-functionalist” perspective, which has largely influenced the EU economic integration process, from its incipiency, and explores its theoretical linkages with trade theory (the law of one price), thus presenting the fundamental tenets of positive EU Internal market law. The second part delves into the subsequent mutation of the economic integration ideal towards the more modular and scalar concept of “regulatory convergence”. Opening the black box of economic integration will lead us to analyse its transformation, as a result of a paradigm shift currently occurring in the organization of the global process of economic production, with the development of global value chains, and the important role of technology, in particular the Internet, in promoting economic integration not through law, but through code. The study predicts that addressing more systematically the effect of both private and public obstacles to trade should take centre-stage if one is to opt for a more holistic and dynamic perspective in analysing the process of economic integration. A more extensive intervention of the competition law tool and other regulatory initiatives against private restrictions to trade is therefore to be expected in the future, these areas of law taking a more prevalent part in the EU Internal market law compass. The study discusses in some detail the recent legislative and jurisprudential developments with regard to geo-blocking and geo-filtering practices. The last part of the study provides some concluding thoughts on the need for the EU Internal market concept to be updated and raises some questions with regard to its ontology in the context of a globalized economy.",,,,,Economics; Globalization; Competition law; Domestic market; Paradigm shift; Single market; Economic integration; Economic system; Law of one price; Legislature,,,,,https://discovery.ucl.ac.uk/id/eprint/10045031/ https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=3116384 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3116384 https://publications.hse.ru/preprints/220492533 https://core.ac.uk/download/pdf/154747990.pdf,http://dx.doi.org/10.2139/ssrn.3116384,,10.2139/ssrn.3116384,2787990282,,0,000-251-140-892-634; 000-426-133-339-568; 003-294-133-541-296; 007-917-161-267-902; 008-249-534-518-272; 009-348-511-196-979; 010-185-695-423-671; 016-795-730-316-916; 022-439-947-732-749; 033-693-404-103-025; 036-344-014-516-143; 042-292-818-770-177; 045-812-454-415-224; 049-569-350-865-835; 052-990-869-755-509; 055-219-731-551-757; 055-359-802-729-116; 057-307-423-673-288; 058-889-126-416-25X; 061-929-854-108-644; 071-970-784-907-332; 074-729-567-731-64X; 081-436-974-686-625; 083-501-517-795-966; 084-072-110-286-186; 091-490-248-348-525; 101-928-227-123-217; 102-364-440-256-460; 113-090-859-614-291; 115-535-846-921-307; 122-349-660-016-493; 122-768-447-373-527; 126-041-602-720-997; 126-784-390-290-821; 137-603-985-651-837; 172-319-849-222-115; 197-446-528-741-036,0,true,,green
111-944-324-120-088,The Lanham Act and International Trade,,1949,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Stephen P. Ladas,,14,2,269,287,International trade; Economics; International economics; Lanham Act; Free trade,,,,,https://core.ac.uk/display/62557498 https://scholarship.law.duke.edu/lcp/vol14/iss2/7/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2408&context=lcp https://core.ac.uk/download/62557498.pdf,http://dx.doi.org/10.2307/1189836,,10.2307/1189836,1500249087,,0,,2,true,,green
112-085-716-717-266,Peripheral Matters: The Emergence of Legalized Politics in Local Struggles Over Unauthorized Immigration,,2014,journal article,Law & Social Inquiry,08976546; 17474469; 1545696x,Cambridge University Press (CUP),United States,Doris Marie Provine; Martha Luz Rojas‐Wiesner; Germán Martínez Velasco,"National immigration policy meets the realities of unauthorized immigration at the local level, often in ways undesired by residents, as exemplified by the dramatic rise of local anti-immigrant legislation in US states and municipalities. Scholars have studied why some states and municipalities, but not others, engage in immigration policy making. Such research is not designed, however, to evaluate how the basic structure of US government facilitates and shapes local protest. To probe that issue, we compare Chiapas, Mexico and Arizona, USA, both peripheral areas significantly affected by unauthorized immigration and national policies designed to control it. We find that the open texture of US federalism facilitates local activism, while Mexico’s more centralized government does not. Activists within both states are similar, however, in deploying law creatively to critique national policy, a reminder of the growing worldwide significance of legal pluralism and legal consciousness in the politics of protest.",39,3,601,620,Legal pluralism; Immigration policy; Centralized government; Sociology; Immigration law; Legislation; National Policy; Public administration; Federalism; Politics,,,,,https://repository.asu.edu/items/26132 https://www.cambridge.org/core/journals/law-and-social-inquiry/article/peripheral-matters-the-emergence-of-legalized-politics-in-local-struggles-over-unauthorized-immigration/14D116EAE6C57FD27285C29CF7689D2F https://onlinelibrary.wiley.com/doi/abs/10.1111/lsi.12080 https://core.ac.uk/display/79588054 https://core.ac.uk/download/79588054.pdf,http://dx.doi.org/10.1111/lsi.12080,,10.1111/lsi.12080,1575452820,,0,001-737-284-423-219; 003-039-952-733-023; 011-381-816-814-121; 016-132-887-210-40X; 024-264-425-557-817; 025-755-557-031-422; 030-154-133-329-441; 034-181-805-585-376; 037-277-866-392-266; 042-459-416-844-761; 043-243-752-421-841; 048-633-453-019-92X; 049-642-476-296-373; 059-190-633-100-257; 076-367-937-268-865; 077-563-690-533-341; 077-805-431-354-970; 081-045-726-905-990; 081-613-136-791-893; 084-212-443-090-159; 100-409-054-169-784; 100-952-461-135-244; 105-674-153-732-527; 110-771-554-841-340; 126-858-004-762-579; 141-374-494-367-864; 142-417-426-378-362; 146-247-172-278-922; 154-345-095-770-516; 154-958-471-220-174; 156-582-158-781-581; 164-940-833-434-071; 166-345-038-398-442; 166-485-074-529-838; 167-147-469-941-397; 167-691-051-287-649; 176-562-799-285-745; 177-254-600-250-652; 190-567-169-255-488; 199-055-276-335-641,4,true,,green
112-426-454-874-597,Alcoholic Beverage Control Before Repeal,,1940,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Clark Byse,"The adoption of the Twenty-first Amendment on December 5, I933 terminated the experiment in national prohibition and established a new liquor control policy within the framework of which federal and state governments were to regulate the manufacture, distribution, and sale of intoxicating beverages. Post-Repeal liquor control legislation followed no uniform pattern; the states utilized the control systems of prohibition, state monopoly, and licensing, while the Federal Government established the Federal Alcohol Administration to regulate phases of the liquor traffic that could not be controlled effectively by the states. Legislators seeking to incorporate intc those systems the most effective control devices and to avoid the errors of the past looked to the rich history of previous legislative attempts to cope with the liquor problem. The purpose of this paper will be to sketch the salient features of preRepeal control systems and to suggest briefly the meaningful lessons that may be learned from the history of American liquor control before Repeal.",7,4,544,569,Business; Government; Law and economics; Control (management); State (polity); Legislation; Administration (probate law); Repeal; Monopoly; Legislature,,,,,https://www.jstor.org/stable/1189484 https://core.ac.uk/display/62558291 https://scholarship.law.duke.edu/lcp/vol7/iss4/2/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2040&context=lcp https://core.ac.uk/download/62558291.pdf,http://dx.doi.org/10.2307/1189484,,10.2307/1189484,1510742919,,0,,1,true,,green
112-768-287-344-918,American Forum Non Conveniens in Light of the Hague Convention on Choice-of-Court Agreements,2007-04-26,2007,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Christopher Tate,"Little Grill Guy, LLP, (LGG) is a small Pittsburgh firm whose primary business is making and selling high-end gas grills for outdoor use. Recently, a famous chef used LGG’s top-of-the-line model when preparing a meal on a very popular Japanese cooking game show. As often happens when American culture is injected into the Japanese limelight, Japanese consumers have been clamoring for LGG products since the episode aired. LGG has started negotiations with Tokyo-Mart, Inc., the largest commercial retailer in Japan. Despite its recent fame in Japan, LGG is still a small firm in a small industry and has relatively little bargaining power compared to the retail giant.",69,1,,,International trade; Economics; Law; Negotiation; Limelight; Convention; Small firm; Culture of the United States; Bargaining power,,,,,https://core.ac.uk/display/12214754 https://lawreview.law.pitt.edu/ojs/index.php/lawreview/article/view/120 http://lawreview.law.pitt.edu/ojs/lawreview/article/download/120/120 http://d-scholarship.pitt.edu/17937/ https://core.ac.uk/download/12214754.pdf,http://dx.doi.org/10.5195/lawreview.2007.120,,10.5195/lawreview.2007.120,2026556109,,0,,0,true,cc-by-nc-nd,hybrid
112-773-556-051-176,European Networking and Training for National Competition Enforcers Entrance for Judges 2014 Selected Case Notes,2016-01-01,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Pier Luigi Parcu; Giorgio Monti,The working paper includes a collection of the case notes written by the national judges who attended the European Networking and Training for National Competition Enforcers (ENTraNCE for Judges 2014). The training programme was organised by RSCAS between January and October 2014 with the financial contribution of DG Competition of the European Commission. The case notes included in the working paper summarise judgments from the different EU Member States relating to different aspects of competition law enforcement. The working paper thus aims to increase understanding of the challenges faced by the national judiciary in enforcing national and EU competition in the context of the decentralised regime of competition law enforcement introduced by Reg. 1/2003.ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.70159,,,,,Competition (biology); Training (meteorology); Political science; Psychology; Medical education; Medicine; Geography; Biology; Meteorology; Ecology,,,,,https://core.ac.uk/download/pdf/45687561.pdf,http://dx.doi.org/10.2139/ssrn.2757528,,10.2139/ssrn.2757528,,,0,017-173-854-131-112; 039-918-658-135-679; 059-265-815-690-116; 089-112-591-121-555; 132-795-286-230-109,0,true,cc-by,green
113-111-975-065-162,Information requirements and consumer protection in future M-commerce: textual information overload or alternative regulation and communication?,,2007,journal article,International Journal of Intercultural Information Management,17500028; 17500036,Inderscience Publishers,,R.F. Henschel; E.B. Cleff,"The aim of this article is to discuss information requirements and consumer protection in mobile commerce. On the basis of a brief introduction to the characteristics of mobile commerce and the regulatory framework that governs mobile commerce in the European Union today, the article not only presents and discusses information requirements of particular interest to m-commerce and how the technological development facilitates but also challenges the traditional way in which legal information is given. It has been suggested that the solution may be relaxed enforcement of the regulatory framework and/or self-regulation to prevent over-regulation and hindrances to the technological development, for example, by codes of conduct. However, the article argues that other possible solutions should be considered, e.g. the use of specific symbols and sounds that like road traffic rules could help the consumer to navigate safely between the legal rocks in the future wireless ocean of mobile commerce.",1,1,58,,Internet privacy; Information management; Business; Mobile commerce; Enforcement; European union; Textual information; Consumer protection; Computer security; Wireless; Ubiquitous commerce,,,,,https://www.inderscienceonline.com/doi/abs/10.1504/IJIIM.2007.014371,http://dx.doi.org/10.1504/ijiim.2007.014371,,10.1504/ijiim.2007.014371,2169497893,,0,,2,false,,
113-130-031-769-406,Merits Stripping,2006-01-01,2006,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Howard M. Wasserman,"As the debate rages about the power and wisdom of Congress to “strip” federal courts of jurisdiction to adjudicate particular controversial federal issues, the discussion either ignores another means of constricting the power and influence of the courts.  That is the distinct act of “merits stripping.”  Merits stripping eliminates, limits, or diminishes enforceable substantive rights and the merits of claims brought to enforce those rights.  Merits strips diminish the amount of real-world actors and conduct subject to legal duties and protected by legal rights.  Merits striping limits who can sue whom over what conduct.  Merits strips can target statutory or constitutional rights and can be affected by the legislative, executive, or judicial departments, acting individually or in concert.  A “strip” occurs whenever the scope of legal rights (and the legal duties those rights impose on others) falls below some baseline of preexisting law or normative preference.; Unfortunately, courts and commentators often conflate merits stripping with true jurisdiction stripping.  But they are necessarily distinct concepts and such conflation confounds our ability to understand both.  Three differences loom.  First, while jurisdiction strips shift litigation out of federal court and into another forum (presumably state courts), merits strips eliminate enforceable rights altogether, in any forum.  Second, the manner of litigating and resolving legal and factual issues will be different, depending on whether the “stripping enactment” being applied in court targets merits or jurisdiction; this distinction between merits stripping and jurisdiction stripping is a sub-category of the broader differences between judicial jurisdiction and substantive merits.  Third, and most importantly, the structural and constitutional controversy surrounding the power to jurisdiction strip does not apply to merits stripping.  Congress clearly has the power to redefine statutory rights, including narrowing those rights; courts clearly have the power to define constitutional rights, including narrowing those rights.  One might disagree with the resulting scope of federal rights.  But one cannot question the basic power to define those rights.; This article defines and examines multiple examples of merits stripping of federal statutory and constitutional rights.  It then considers the differences between merits stripping and jurisdiction stripping and how those differences play out in court.  Ultimately, distinguishing these concepts is essential to understanding the operation of federal law in the federal courts",,,,,Environmental science; Chemistry,,,,,https://core.ac.uk/download/76624175.pdf,http://dx.doi.org/10.2139/ssrn.922756,,10.2139/ssrn.922756,,,0,002-816-372-007-487; 010-127-170-809-875; 011-906-920-242-695; 021-572-156-825-523; 023-248-458-926-539; 026-244-722-075-130; 059-732-021-137-829; 068-184-360-600-517; 073-831-428-178-041; 078-767-338-562-494; 080-251-876-292-190; 090-014-004-775-746,0,true,,
113-134-278-390-180,Notes on the History of Commerce and Commercial Law. 2. The Middle Ages,,1913,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Layton B. Register,,61,9,652,,Economy; Middle Ages; Commercial law; History,,,,,https://core.ac.uk/display/151689314 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7318&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol61/iss9/3/ https://core.ac.uk/download/151689314.pdf,http://dx.doi.org/10.2307/3313342,,10.2307/3313342,818104140,,0,,0,true,,green
113-452-842-552-157,A Statistical Study of Federal Criminal Prosecutions,,1934,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Edward Rubin,"The increasing demand for federal control of crime and the response accorded it during the last session of Congress suggests the need for an inquiry into the amount and nature of criminal law business handled in recent years by the federal courts of first instance. Only one source of information is available.' Each year the Attorney General of the United States publishes statistics in his Annual Report indicating the number of criminal prosecutions pending, commenced, and terminated in the federal district courts. By collating certain of these statistics in a series of tables which follow in the main the Attorney General's classification, the results of the criminal law enforcement activities of the federal government during a given period may be shown. I. NATURE OF THE STATISTICAL MATERIAL USED",1,4,494,508,Government; Political science; Law; Criminal law; Control (management); Annual report; Enforcement; Criminal procedure,,,,,https://www.jstor.org/stable/1189665 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1732&context=lcp https://scholarship.law.duke.edu/lcp/vol1/iss4/11/ https://core.ac.uk/display/62558905 https://core.ac.uk/download/62558905.pdf,http://dx.doi.org/10.2307/1189665,,10.2307/1189665,1539208613,,0,,7,true,,green
113-515-346-465-56X,Judicial Review under the Clean Air Amendments,1976-05-01,1976,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,John M. Conley,,25,2,450,476,Political science; Law; Judicial review,,,,,https://scholarship.law.duke.edu/dlj/vol25/iss2/10/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2579&context=dlj https://core.ac.uk/download/62550734.pdf,https://scholarship.law.duke.edu/dlj/vol25/iss2/10/,,,49627815,,0,,0,true,,
113-699-028-734-102,Access and Control. The Political Economy of Online Copyright Enforcement in the European Union,,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Trisha Meyer,"This paper presents the main results of this author’s doctoral research on recent policy initiatives dealing with the online enforcement of copyright in the European Union. Strong online copyright enforcement is subject to intense policy debates in the European Union. Of the five policy initiatives analyzed, two pass into law (2009 French and 2010 UK graduated response laws), two result in stalemates (2008 Creative Content Online and 2010 E-Commerce Directive consultations) and one is rejected (2011 Anti-Counterfeiting Trade Agreement). At the level of the European Union, online copyright enforcement policies hardly change. At the level of certain member states however, strong enforcement policies are adopted. This paper claims that the outcome of the policy initiatives is determined by an intricate interplay of ideas, discourses, interests and institutions. Policy stakeholders compete to see their ideas and interests adopted into policy. This study argues that their views on creativity and knowledge and stances on the role of copyright and the Internet in society determine their ideas and interests on online copyright enforcement. Analysis of the cases also reveals that the meager outcome of the online copyright enforcement initiatives at the level of the European Union is due to the lack of common interests between the media and Internet & technology industries. Currently, the Internet & technology industries have little incentive to proactively enforce copyright online. At the same time, the cases indicate that civil society actors succeed in giving pushback on online copyright enforcement policies. In the Anti-Counterfeiting Trade Agreement, they even reverse European Union plans. Finally, stakeholders cunningly choose institutional rules and settings that favor their views. In the online copyright enforcement debate, copyright is often portrayed as opposed to intermediary liability rules and fundamental rights. This picture is painted too starkly black and white, but it is true that the role of Internet intermediaries in intervening in their networks is at the crux of the debate today. This study raises concern about the use of monitoring, blocking and filtering technology to regulate the availability of creative content.",,,,,The Internet; Intermediary; Political science; Graduated response; Trade agreement; Enforcement; European union; Public administration; Civil society; Fundamental rights,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2809870_code2291099.pdf?abstractid=2809870&mirid=5 https://www.ssrn.com/abstract=2809870,http://dx.doi.org/10.2139/ssrn.2809870,,10.2139/ssrn.2809870,2501322153,,0,015-439-375-047-530; 021-123-851-538-856; 040-467-969-681-824; 050-542-630-750-077; 060-717-985-452-903; 078-117-513-702-972; 121-716-019-981-285; 149-044-043-378-635; 170-481-490-815-418,2,true,,green
113-738-727-090-501,The Decline of Traditionalism and Individualism,,1917,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Edwin R. Keedy,,65,8,764,,Gender studies; Sociology; Individualism; Religious studies; Traditionalism,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7645&context=penn_law_review https://core.ac.uk/display/151689420 https://scholarship.law.upenn.edu/penn_law_review/vol65/iss8/5/ https://core.ac.uk/download/151689420.pdf,http://dx.doi.org/10.2307/3314434,,10.2307/3314434,4368694,,0,,4,true,,green
114-034-400-008-773,Perpetual Panic,2008-12-01,2008,journal article,Federal Sentencing Reporter,10539867; 15338363,University of California Press,,Michael M. O'Hear,,21,2,69,77,Panic; Psychology; Psychiatry; Anxiety,,,,,https://core.ac.uk/download/148685552.pdf,http://dx.doi.org/10.1525/fsr.2008.21.2.69,,10.1525/fsr.2008.21.2.69,,,0,,4,true,,
114-358-610-726-205,Financing micro-businesses and the UNCITRAL Model Law on Secured Transactions,2017-12-01,2017,journal article,Uniform Law Review,11243694; 20509065,Oxford University Press (OUP),,Louise Gullifer; Ignacio Tirado,Contains fulltext :;                   204475.pdf (preprint version ) (Open Access)21 p,22,4,642,662,Finance; Business,,,,,https://core.ac.uk/display/141202788 https://academic.oup.com/ulr/article/22/4/642/4828164 https://repository.ubn.ru.nl/handle/2066/204475 https://aspace.repository.cam.ac.uk/handle/1810/301737 https://www.repository.cam.ac.uk/handle/1810/301737 https://core.ac.uk/download/219768603.pdf,http://dx.doi.org/10.1093/ulr/unx046,,10.1093/ulr/unx046,2755318290,,0,,1,true,,green
115-057-644-192-333,Federalism Under Fire: The Role of the Supreme Court of Canada,,1992,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Katherine Swinton,"In the months and years ahead, Canadians will be engaged in an extremely difficult and often emotional discussion about the community which they desire-whether there can be a Canada without Quebec, whether the nation should be more centralized or decentralized, whether there must be equal treatment of all provinces or some type of special status for Quebec. But the shape of the Canadian federation in the year 2000 is not the topic of this article; rather, I discuss the role of the Supreme Court of Canada in the federal system. Necessarily the discussion draws on a brief description of the political environment, for one cannot divorce the Court's work from the context within which it functions.",55,1,121,145,New Federalism; Work (electrical); Political science; Law; Supreme court; Context (language use); Public administration; Dual federalism; Federalism; Original jurisdiction; Politics,,,,,https://scholarship.law.duke.edu/lcp/vol55/iss1/7/ https://www.jstor.org/stable/1191760 https://core.ac.uk/download/62554016.pdf,http://dx.doi.org/10.2307/1191760,,10.2307/1191760,1590637385,,0,,3,true,,green
115-146-346-687-447,BOOK REVIEW: THE COPYRIGHT ENFORCEMENT ENIGMA,2012-06-28,2012,journal article,Journal of International Commercial Law and Technology,19018401,,,Willem Grosheide,"The core issue of the book is about how telecommunications law may be used to enforce copyright on the Internet, and that amendments to telecommunications law may indeed be essential to that aim. The inherent conflict which lies herein is especially sharp with regard to the liability issue: making broadband providers liable for enforcement of copyright infringement by Internet users would conflict with the principle of mere conduit, established in the E-Commerce Directive.Â",7,3,282,284,Business; Law; Liability; Directive; Copyright infringement; Enforcement; Internet users; Broadband,,,,,,,,,1558820675,,0,,0,false,,
115-483-985-675-167,"Chairman Miller, the Federal Trade Commission, Economics, and Rashomon",,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Eleanor M. Fox,,50,4,33,55,Economics; International economics; Commission; Miller; Economic history,,,,,https://scholarship.law.duke.edu/lcp/vol50/iss4/3/ https://core.ac.uk/display/62554423 https://core.ac.uk/download/62554423.pdf,http://dx.doi.org/10.2307/1191454,,10.2307/1191454,1567503696,,0,,6,true,,green
115-649-713-613-752,Hot-Cargo Agreements in the Construction Industry: Restraints on Subcontracting under the Proviso to Section 8(e),,1981,journal article,Duke Law Journal,00127086,JSTOR,United States,Michael R. Dreeben,,1981,1,141,,,,,,,https://core.ac.uk/download/62550451.pdf,http://dx.doi.org/10.2307/1372307,,10.2307/1372307,,,0,,0,true,,green
116-003-868-462-630,Social attitudes of young people in Japan towards online privacy,,2014,journal article,The Journal of Law and Information Science,07291485,,,Kiyoshi Murata; Yohko Orito; Yasunori Fukuta,"This study attempts to explore the attitudes of young Japanese people towards online privacy as customers of online shopping sites in the Japanese socio-cultural context through questionnaire surveys and follow-up interviews. Although it is reputed that Japanese people have recently become sensitive to the importance of protecting personal information and privacy, the survey outcomes, which contained seemingly contradictory responses, showed that this was not necessarily the case. Analysis of the survey results and subsequent discussions led to useful suggestions for businesses developing appropriate personal information and privacy protection policies and schemes. Those discussions also provided helpful suggestions to governments for making and implementing related policies including the enforcement of legal regulations for successful B to C e-commerce and personal information and privacy protection and the development of proper educational programmes concerning personal information and privacy protection in the Japanese socio-cultural environment.",23,1,137,,Privacy policy; Internet privacy; Information privacy; Business; Publishing; Project commissioning; Personally identifiable information; Enforcement; Context (language use); Public relations; Information privacy law,,,,,https://search.informit.com.au/fullText;dn=347943288910234;res=IELHSS http://jlisjournal.org/abstracts/Murata_etAl.23.1.html,http://jlisjournal.org/abstracts/Murata_etAl.23.1.html,,,2212911707,,0,,6,false,,
116-429-557-293-946,Clouds Over International Efforts to Unify Rules of Conflict of Laws,,1977,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Kurt H. Nadelmann,"In this journal which specializes in producing symposia on important topics,' the Spring 1965 issue was devoted to ""Unification of Law.""2 The subject then had new actuality. To protect the national interest, state and federal, the United States had decided to join the Hague Conference on Private International Law and the International (Rome) Institute for the Unification of Private Law.3 Involvement increased with the creation of the United Nations",41,2,54,84,Political science; Management; Law; State (polity); Subject (philosophy); National interest; Conflict of laws; Unification,,,,,https://www.jstor.org/stable/1191182 https://core.ac.uk/display/62555158 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3514&context=lcp https://scholarship.law.duke.edu/lcp/vol41/iss2/8/ https://core.ac.uk/download/62555158.pdf,http://dx.doi.org/10.2307/1191182,,10.2307/1191182,1563071593,,0,,2,true,,green
116-567-606-506-967,Putting Gilmer Where it Belongs: The FAA's Labor Exemption,,2000,journal article,Hofstra Labor and Employment Law Journal,11893332,,,David E. Feller,"Relying on the Federal Arbitration Act, the Supreme Court in Gilmer v. Interstate/Johnson-Lane Corp. enforced an agreement to arbitrate all disputes to prevent judicial adjudication of a claim under the Americans With Disabilities Act. That decision has led employers of millions of workers to require an agreement to arbitrate future claims of violations of all statutes protecting employment rights as a condition of getting or keeping a job. This article argues that the exemption in Section 1 of the Act of ""contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce"" if properly construed can eliminate this effect while still permitting enforcement of truly voluntary agreements to arbitrate such claims. The exemption has been held by all the circuits except the Ninth to apply only to workers actually engaged in interstate or foreign commerce, thus requiring enforcement against all others. The Ninth Circuit has now held that the exemption covers all employees whose employment is subject to federal regulation under the commerce clause. Certiorari has been granted to review that decision in Circuit City Stores v. Adams which will be argued this fall. The article argues that the Ninth Circuit ruling is correct on the commerce question but that the courts have erred in focusing only on that question and ignoring the other requirements of the exemption. The exemption, it is argued, should be limited to individual written contracts of employment (not ad hoc agreements to arbitrate existing disputes), only of rank and file ""workers,"" defined as non-managerial employees, and it should not be read as covering collective bargaining agreements. As a result of such a reading agreements to arbitrate statutory employment claims would be enforceable only with respect to those employees who, by and large, are really in a position to negotiate their terms of employment either individually or collectively. Application of the FAA, rather than Section 301 of the LRMA, to labor arbitration would be desirable. Resting enforcement of labor arbitration on Section 301 while useful at the time it was so decided by the Supreme Court in 1957 has had the unfortunate effect in practice of making labor arbitration awards more susceptible to reversal than would be the case if the standards of the FAA were to be applicable.",18,1,4,,Business; Arbitration; Law; Adjudication; Collective bargaining; Federal Arbitration Act; Supreme court; Commerce Clause; Enforcement; Certiorari,,,,,https://scholarlycommons.law.hofstra.edu/hlelj/vol18/iss1/4/ https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1294&context=hlelj,https://scholarlycommons.law.hofstra.edu/hlelj/vol18/iss1/4/,,,3121726472,,0,,0,false,,
116-991-704-846-191,Literary and Artistic Property (Including Copyright) As Security: Problems Facing the Lender,,1954,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Leon Kaplan,,19,2,254,274,Advertising; Business; Property (philosophy); Law and economics,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2597&context=lcp https://paperity.org/p/84821582/literary-and-artistic-property-including-copyright-as-security-problems-facing-the-lender https://scholarship.law.duke.edu/lcp/vol19/iss2/8/ https://core.ac.uk/display/62557132 https://core.ac.uk/download/62557132.pdf,http://dx.doi.org/10.2307/1190490,,10.2307/1190490,1498687276,,0,,0,true,,green
117-066-280-820-622,Antitrust in the Common Market: Innovation and Surprise,,1972,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Sigmund Timberg,,37,2,329,340,Economics; Surprise; Market economy; Industrial organization; Single market,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3368&context=lcp https://core.ac.uk/display/62555470 https://scholarship.law.duke.edu/lcp/vol37/iss2/10/ https://core.ac.uk/download/62555470.pdf,http://dx.doi.org/10.2307/1191156,,10.2307/1191156,1549572497,,0,,4,true,,green
117-480-645-607-482,European Online Marketplace – New Measures for Consumer Protection against “Old Conflict of Laws Rules”,2015-06-30,2015,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Agata Jaroszek,"The paper aims at discussing the rationale for protecting consumers under the new directive on consumer rights (CRD) and its relation to conflict of law rules under the Regulation on the law applicable to contractual obligations (Rome I). The author is of the opinion the newly adopted legal framework for consumer protection under the directive on consumer rights seems to be more predictable especially in terms of supporting consumers with more mandatory information before the conclusion of a contract with a professional as well as a single 14 day withdrawal period for all Member States. However, the level of consumer protection in the purchase of digital content is insufficient and from the perspective of conflict of laws rules for consumer contracts under Rome I, a consumer who actively makes a purchase from a professional from another Member State or a third country cannot expect the special protective rules envisaged in the regime under CRD and Rome I to be applied by default; rather, the general rules come into play.",9,1,21,41,Business; Law; Consumer Bill of Rights; Member state; Digital content; Directive; Choice of law; Relation (history of concept); Consumer protection; Conflict of laws,,,,,https://journals.muni.cz/mujlt/article/download/2676/3692 https://www.ceeol.com/search/article-detail?id=892747 https://journals.muni.cz/mujlt/article/view/2676 https://core.ac.uk/download/230601672.pdf,http://dx.doi.org/10.5817/mujlt2015-1-3,,10.5817/mujlt2015-1-3,2345643781,,0,000-684-006-740-289; 015-821-377-669-859; 028-384-902-054-377; 036-515-690-625-218; 045-731-855-530-624; 049-379-632-532-871; 056-470-404-860-057; 087-551-300-905-90X; 095-677-449-517-423; 103-562-741-248-759; 115-120-381-953-274; 155-154-613-811-504; 186-950-396-510-124; 189-947-282-202-846,0,true,,gold
117-525-203-604-918,E Pluribus Unum? The Full Faith and Credit Clause and Meaningful Recognition of Out-of-State Adoptions,,2012,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Pamela K. Terry,"Parents and children whose legal relationships derive from state adoption judgments face uncertainty when they travel across state lines. State officials have denied out-of-state adoptive parents revised birth certificates, which recognize their status as legal parents in their child’s birth state, because the parents would be statutorily unable to adopt in that state. Various U.S. Courts of Appeals have disagreed as to whether, and to what extent, the Full Faith and Credit Clause in Article IV of the Constitution requires that state executive officials recognize out-of-state rights. Circuits also differ as to whether the Full Faith and Credit Clause confers an individual right for purposes of 42 U.S.C. § 1983 for parents alleging a violation of the Clause. The divergent opinions result from conflicting interpretations of the force and scope of the Full Faith and Credit Clause, distinctions between recognition and enforcement of out-of-state rights, and the varying views of the Clause’s balance of state policy interests and federal unity imperatives. This Note argues that the language, history, and purpose of the Full Faith and Credit Clause demonstrate that the Clause requires states — including both judicial and executive officers — to give meaningful recognition to judicially established rights. It concludes that the denial of revised birth certificates to out-of-state adoptive couples violates the Full Faith and Credit Clause’s mandate to meaningfully recognize and equally enforce out-of-state judgments.",,,,,Dormant Commerce Clause; Family law; Economics; Constitutional law; Law; Mandate; Constitution; Full Faith and Credit Clause; Enforcement; Denial,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017812 https://www.ssrn.com/abstract=2017812 https://core.ac.uk/download/144224585.pdf,http://dx.doi.org/10.2139/ssrn.2017812,,10.2139/ssrn.2017812,2144682874,,0,,0,true,,green
117-543-044-758-539,English Arbitration Practice,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,G. Ellenbogen,"""Arbitration"" is a term of wide compass. In addition to its primary meaning of adjudication, it is often used where ""conciliation"" would be more appropriate. This ambiguity is particularly marked in the field of employment and industrial relations; the Civil Service Arbitration Tribunal, for example, like the recently superseded National Arbitration Tribunal, is principally concerned with fixing rates of pay. Arbitration of this kind is entirely outside the scope of this article. In its more restricted sense, arbitration in English law covers three types of extra-judicial adjudication. Arbitration proceedings may arise (i) from an arbitration agreement (or ""submission"") voluntarily entered into by the parties; (2) from an order of the court compelling the parties to settle their dispute by arbitration, e.g., a reference from a High Court judge to an Official Referee; and (3) from statutory provisions, such as are commonly found in enactments dealing with housing, town and country planning, land, building, rating, health and nationalization. Although much of what follows would apply to compulsory arbitration by order of court and to statutory arbitration under act of Parliament, this article purports to deal only with voluntary arbitration, and in particular with arbitration in the field of commerce.1",17,4,656,678,English law; Statutory law; Arbitration; Compulsory arbitration; Conciliation; Political science; Law; Adjudication; Tribunal; Parliament,,,,,https://scholarship.law.duke.edu/lcp/vol17/iss4/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2544&context=lcp https://core.ac.uk/display/62557230 https://core.ac.uk/download/62557230.pdf,http://dx.doi.org/10.2307/1190385,,10.2307/1190385,1543513819,,0,,1,true,,green
117-896-487-501-162,Evolving Business and Social Norms and Interpretation Rules: The Need for a Dynamic Approach to Contract Disputes,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Nancy S. Kim,"Rapid societal and technological changes - such as the rise in electronic commerce, increasing diversity and globalization - create contract interpretation issues that require a dynamic approach. While many modern contractual disputes arise from a confluence of factors, contract doctrine has tended to adopt a unitary approach to problems with an emphasis on interpretation of words. This article argues that non-intuitive interpretation rules work to the disadvantage of language and cultural minorities and should only be used if their purpose is to determine the intent of the parties or to uphold a policy or legislative objective. A dynamic approach is best suited to address evolving social norms and needs. This article proposes a dynamic approach to contract interpretation which shifts focus away from the meaning of written words to a determination of the intent of the parties.",,,,,Technological change; Sociology; Law and economics; Law; Globalization; Doctrine; Disadvantage; Diversity (politics); Interpretation (philosophy); Meaning (linguistics); Legislature,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=713962 https://core.ac.uk/display/33138913 https://core.ac.uk/download/188093776.pdf,http://dx.doi.org/10.2139/ssrn.713962,,10.2139/ssrn.713962,1571516520,,0,,1,true,,green
117-945-241-040-093,'Freedom of' or 'Freedom from'? The Enforceability of Contracts and the Integrity of the Llc,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Leigh A. Bacon,"The sudden growth of limited liability company (LLC) legislation in the past ten years has been accompanied by a corresponding amount of scholarship dedicated to the logistics, concerns, and implications of the limited liability company. Most legal scholarship has examined the potential liability and the scope of the fiduciary duty of the members of an LLC. At issue in this Note is not the extent to which the members of an LLC owe duties to it or to each other but rather the extent to which the LLC is independent of its members. LLC legislation and case law expressly serve the principles of freedom of contract. Preserving the freedom of members to contract with one another as to the operation of the LLC, however, can occur at the expense of the LLC. The law recognizes the LLC as an entity that has protected rights, at least for some purposes. This Note examines whether this status implies that, when executing agreements, the members of an LLC do not bind the LLC itself. It argues that courts should consider the separate entity characteristics of an LLC when considering whether to enforce against it an agreement to which it is not a party. Part I introduces two recent holdings that advance opposite conclusions as to whether an LLC should be bound by an arbitration and choice-of-forum clause in its operating agreement when it was not itself a signatory to the agreement. It then examines what effect the policies favoring arbitration have on the enforceability of arbitration clauses and argues that, notwithstanding freedom-of-contract principles, an arbitration clause should not be enforced against a nonparty, even where that nonparty is an LLC. Part II suggests that comparing the LLC to the corporation might be more appropriate than comparing it to the partnership, and applies citizenship and internal-affairs-doctrine analyses to the LLC to demonstrate that the LLC can be considered a separate entity whose interests should be balanced against freedom-of-contract principles. Part III proposes that while providing for freedom of contract in LLC agreements might attract would-be members to form an LLC in a state that exalts such freedom in its LLC legislation, a state court system's refusal to respect the independence of an LLC might counter any such lure. The Note concludes that freedom of contract does not necessarily justify enforcing a contract against an LLC when it is not a party to the contract and that enforcement of such a contract could harm both the LLC and the state enforcing the contract.",,,,,Freedom of contract; Limited liability; Business; Arbitration; Common law; Law; Arbitration clause; Fiduciary; Legislation; Separate legal entity,,,,,https://core.ac.uk/display/62548961 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=270235 https://www.ssrn.com/abstract=270235 https://core.ac.uk/download/62548961.pdf,http://dx.doi.org/10.2139/ssrn.270235,,10.2139/ssrn.270235,6912723,,0,001-360-380-326-358; 003-086-532-560-439; 024-800-316-424-245; 025-687-940-797-082; 038-453-273-367-715; 041-996-789-490-158; 048-759-238-210-282; 062-181-621-353-509; 078-888-597-087-692; 091-015-454-044-175; 092-130-249-023-164; 110-422-718-206-955; 120-902-724-525-392; 135-242-188-181-744; 136-806-973-173-018; 146-642-105-410-823; 172-706-068-607-549; 176-340-141-985-098; 181-948-623-591-629; 184-657-628-214-610; 188-196-884-049-403; 196-450-615-852-16X,0,true,,green
117-960-886-596-991,Internet Pharmacies: Cyberspace versus the Regulatory State,,,journal article,Journal of law and health,10446419,Cleveland State University,United States,Ty Clevenger,"At a July 30, 1999 Congressional hearing, an investigative journalist testified that he was able to order Viagra for his cat, Tom, using the cat's actual height and weight. (2) In other instances, the reporter and a colleague were able to obtain Viagra for a ninety-eight year old man and a prescription diet drag for a seven-year-old girl. (3) In testimony before the same Congressional subcommittee, Dr. Janet Woodcock, the director of the Center for Drug Evaluation and Research at the U.S. Food and Drug Administration [hereinafter ""FDA""] said FDA investigators have found websites offering kits for making homemade drugs, home abortion kits, and unapproved HIV home test kits. (4) Woodcock complained of doctors who work with (or for) online pharmacies, sending prescriptions across the Internet on the basis of an electronic questionnaire. (5) Woodcock said some of the physicians prescribe to anyone sight unseen--perhaps like ""Tom""--without even requiring a questionnaire. (6) As Woodcock and her colleagues have learned, Internet pharmacies are a nightmare for regulators. The unique qualities of e-commerce make it difficult to regulate under any circumstances, but the growth of online pharmacies in particular is far outpacing the ability of government officials to investigate and enforce existing drug laws. In 1999, Americans spent an estimated $44 million purchasing prescription drugs from online pharmacies, a figure that is projected to reach $1 billion per year by 2003. (7) In December of 1999, President Clinton proposed $10 million in new funding for the FDA to regulate Internet pharmacies and hire 100 new employees, (8) but the FDA has yet to explain whether this would be enough to keep up with the rapid growth of online pharmacies. Clinton also proposed raising civil fines as high as $500,000 for pharmacies and pharmacists who violate state and federal drug laws, and he proposed giving the FDA administrative subpoena authority. (9) Several members of Congress have proposed their own legislation, (10) and last year Democrats on the House Commerce Committee asked the General Accounting Office to investigate online pharmacies. (11) This paper will consider the current laws governing online pharmacies (to the limited extent the state of the law can be discerned), the practical limits of traditional regulation and enforcement, and possible legal and regulatory responses to online pharmacies. II. THE NEW TELEMEDICINE ""Telepharmacy"" could have an enormous impact on the legal and regulatory boundaries of the overall field of telemedicine and perhaps electronic commerce in general. Online pharmacies are a collision in progress between the free-wheeling atmosphere of the Internet and one of the most tightly regulated industries in the United States. On December 28, 1999, when President Clinton proposed the new enforcement powers for the FDA, it marked the first major attempt by the federal or state governments to regulate electronic commerce other than child pornography. (12) Even at this early stage, online pharmacies are capable of raising Constitutional questions of state police powers versus federal regulation of interstate commerce. State and federal officials will be forced to reconsider what constitutes the practice of medicine and who should regulate it. Legal and ethical questions for physicians--not just pharmacists--appear to be arising much more quickly in the context of telepharmacy than the traditional realm of telemedicine. (13) Yet to some extent, the recent regulatory hoopla about Internet pharmacies can be misleading. To be sure, online pharmacies raise plenty 6f novel legal questions, but many of the legal issues pertinent to online pharmacies have already been raised in analogous areas of practice, such as mail-order pharmacy and telemedicine. What appears to have changed is the volume of activity and the practicality of enforcement: the amount of prescription drugs intercepted by the U. …",15,2,165,187,Law; Regulatory state; Legislation; Regulatory law; Commerce Clause; Subpoena; State police; Context (language use); Telepharmacy; Medicine,,"Commerce/legislation & jurisprudence; Humans; Internet/legislation & jurisprudence; Pharmacies/legislation & jurisprudence; Social Control, Formal; United States; United States Food and Drug Administration",,,https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=1181&context=jlh https://www.questia.com/library/journal/1G1-91911395/internet-pharmacies-cyberspace-versus-the-regulatory https://europepmc.org/article/MED/12238321 https://www.ncbi.nlm.nih.gov/pubmed/12238321 https://engagedscholarship.csuohio.edu/jlh/vol15/iss2/4/,https://www.ncbi.nlm.nih.gov/pubmed/12238321,12238321,,1584182962,,0,,2,false,,
118-173-682-894-157,How is Constitutional Law Made,,2002,journal article,Michigan Law Review,00262234,JSTOR,United States,Tracey E. George; Robert J. Pushaw,"Bismarck famously remarked: ""Laws are like sausages. It's better not to see them being made.""1 This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing ""social choice"" economic theory, Professor Steams argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens of social choice, the Court's constitutional precedent becomes more coherent. Stearns aims to present an account that is ""positive"" (i.e., justifies the Court's rules based upon the historical and case evidence) rather than ""normative"" (i.e., criticizes the substantive content of those rules) (pp. 6, 63-67). In particular, Stearns logically explains the decisions involving ""standing"" (i.e., whether a plaintiff has the right to sue), which legal scholars have uniformly concluded are irreconcilable and thus reflect either intellectual sloppiness or unstated political motives. Professor Stearns's thesis is radical, for it compels us to look at constitutional law in an entirely new way. At the same time, however, his approach is conservative because it depends on the pre-Realist premise that constitutional ""law"" consists of binding legal rules that the justices try to interpret and apply in a principled way. Unlike many academics, Stearns ""takes the justices' own statements of doctrine, as",100,6,1265,1289,Political science; Constitutional law; Law and economics; Rationality; Doctrine; Premise; Supreme court; Warren Court; Justiciability; Plaintiff,,,,,https://ir.vanderbilt.edu/bitstream/1803/5684/1/How%20Is%20Constitutional%20Law%20Made.pdf https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1933&context=mlr https://repository.law.umich.edu/mlr/vol100/iss6/5/ https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?article=1635&context=faculty-publications https://www.jstor.org/stable/1290442 https://works.bepress.com/tracey-george/22/download/ https://scholarship.law.vanderbilt.edu/faculty-publications/861/ https://works.bepress.com/tracey-george/22/ https://core.ac.uk/download/pdf/55913443.pdf,http://dx.doi.org/10.2307/1290442,,10.2307/1290442,3123960086,,0,,2,true,,green
118-291-611-320-591,"Giving Voice to Emotion: Voice Analysis Technology Uncovering Mental States is Playing a Growing Role in Medicine, Business, and Law Enforcement",,2016,journal article,IEEE pulse,21542317; 21542287,Institute of Electrical and Electronics Engineers Inc.,United States,Summer E. Allen,"It's tough to imagine anything more frustrating than interacting with a call center. Generally, people don't reach out to call centers when they?re happy-they're usually trying to get help with a problem or gearing up to do battle over a billing error. Add in an automatic phone tree, and you have a recipe for annoyance. But what if that robotic voice offering you a smorgasbord of numbered choices could tell that you were frustrated and then funnel you to an actual human being? This type of voice analysis technology exists, and it's just one example of the many ways that computers can use your voice to extract information about your mental and emotional state-including information you may not think of as being accessible through your voice alone.",7,3,42,46,Internet privacy; Engineering; Voice analysis; Battle; Phone; Law enforcement; Speech Recognition Software; Human being; Multimedia,,"Commerce; Emotions/classification; Humans; Law Enforcement; Medicine; Signal Processing, Computer-Assisted; Speech Recognition Software; Voice/physiology",,,https://www.ncbi.nlm.nih.gov/pubmed/27187541 http://europepmc.org/abstract/MED/27187541,http://dx.doi.org/10.1109/mpul.2016.2539800,27187541,10.1109/mpul.2016.2539800,2392507466,,0,003-937-960-918-68X; 024-118-297-464-898; 057-083-083-903-701; 071-706-066-561-397; 089-281-416-875-437; 112-204-275-250-574; 172-529-386-985-540,4,false,,
118-545-331-171-875,Lowering the Filed Tariff Shield: Judicial Enforcement in the Deregulatory Era,,2002,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Jim Rossi,"The filed tariff doctrine, fashioned by courts to protect consumers from rate discrimination, has strayed from its origins. Instead of protecting consumers, the doctrine has evolved into a shield for regulated firms against common law and antitrust claims that reinforce market norms. In the ideal world, Congress would expand the jurisdiction of regulatory agencies to allow them to penalize private misconduct. However, since that has not always happened, the filed tariff doctrine has encouraged private firms to expend resources in using the regulator as a strategy to immunize conduct from antitrust and common law antitrust claims. This Article assesses how the filed tariff doctrine creates an opportunity for strategic manipulation of the tariffing process, encouraging firms to rent seek by over-divulging information to regulators. Neither regulators nor courts are equipped or inclined to police such manipulation, resulting in an expansion of the application of the filed tariff shield. Under natural monopoly regulation, the filed tariff doctrine may have enhanced social welfare, to the extent it encourage private firms to focus their resources on the agency regulatory process. However, as regulation has moved away from the natural monopoly model, the filed tariff doctrine has contributed to a jurisdictional gap in the enforcement of market norms. As a result, federal regulators are unable to effectively deter private misconduct but common law and antitrust claims that also hold promise of deterrence are frequently barred from litigation in federal courts. With deregulation and the broadening of market norms, the jurisdictional gap has widened, threatening harm to consumers and competition. The Article concludes by proposing a way for courts to narrow the gap in enforcement of market norms - by lowering the filed tariff shield and looking to federal preemption law and antitrust defenses and immunities. These alternative doctrines provide courts the flexibility necessary to ensure effective deterrence in a dual enforcement regime. Although they may enhance uncertainty for private firms, the also hold promise to encourage private actors to focus their lobbying efforts on Congress, rather than on agencies that can give them the benefits of the filed tariff shield but lack the authority and resources to directly regulate them. Keywords: Regulated industries, administrative law, antitrust, natural monopoly, deregulation, federal courts, law and economics",,,,,Natural monopoly; Economics; Common law; Law and economics; Law; Tariff; Doctrine; Jurisdiction; Federal preemption; Judicial review; Administrative law,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=326701 https://www.ssrn.com/abstract=326701 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=326701 https://core.ac.uk/download/pdf/55913387.pdf,http://dx.doi.org/10.2139/ssrn.326701,,10.2139/ssrn.326701,1562630751,,0,,1,true,,green
118-944-147-513-01X,Enforcement of Arbitral Awards in Sub-Sahara Africa,2010-03-01,2010,journal article,Arbitration International,09570411; 18758398,Oxford University Press (OUP),,Emilia Onyema,"As the world celebrated the fiftieth anniversary of the New York Convention in 2008 it became necessary to examine the enforcement regimes for arbitration awards in Sub-Sahara Africa. This article examines the provisions for the recognition and enforcement, and requirements for the setting aside of both domestic and international arbitral awards under the arbitration laws of OHADA member states, Nigeria and Sudan, as representative of the legal regimes in Sub-Sahara African countries. The New York Convention applies to Convention awards in half of the countries of Sub-Sahara Africa. It is therefore relevant to examine the requirements for the enforcement of non-Convention awards in those states that are members of the New York Convention, and also in those states that are not members of the New York Convention. Different arbitration laws and regimes apply in the three representative jurisdictions chosen for this comparative analysis and these are also representative of the legal regimes in those countries with arbitration laws in the region. Though a generally supportive tendency towards the enforcement of arbitral awards can be gleaned from the examination of some arbitration-related judgments, this article again highlights the importance for the remaining countries in the region yet to sign up to and implement the New York Convention to consider adopting it, and for more arbitration hearings to be held within the region.",26,1,115,138,Sign (semiotics); Arbitration; Political science; Law; Aside; Enforcement; Convention; Member states,,,,,https://eprints.soas.ac.uk/5996/ https://academic.oup.com/arbitration/article-abstract/26/1/115/179690 https://core.ac.uk/download/2790702.pdf,http://dx.doi.org/10.1093/arbitration/26.1.115,,10.1093/arbitration/26.1.115,3121949826,,0,,1,true,,green
119-027-185-591-797,Youth tobacco access and possession policy interventions: effects on observed and perceived tobacco use,,2009,journal article,The American journal on addictions,15210391; 10550496,Wiley-Blackwell,United States,Leonard A. Jason; Steven B. Pokorny; Monica Adams; Annie Topliff; Courtney C. Harris; Yvonne Hunt,"This study evaluated the effects of tobacco Purchase, Use and Possession (PUP) laws on student perceptions of adolescent tobacco use within towns and schools. Twenty-four towns were randomly assigned into two conditions, the experimental condition (E PUP) involved efforts to increase both PUP law enforcement and reduce minors' access to commercial sources of tobacco, whereas the control condition (C) focused only on efforts to reduce minors' access to commercial sources of tobacco. A hierarchical linear modeling analytical approach was selected due to the multilevel data and nested design. The present study found that over time, youth in the experimental PUP condition observed less youth tobacco usage at school and in their town, and perceived lower rates of tobacco among their peers at school and among friends than youth in the control condition. The findings suggest that PUP law enforcement might be used to strengthen community norms against youth tobacco use.",18,5,367,374,Possession (law); Psychology; Psychological intervention; Legislation; Law enforcement; Nested design; Tobacco use; Health policy; Multilevel model; Environmental health,,"Adolescent; Adolescent Behavior; Commerce/legislation & jurisprudence; Community Participation; Female; Friends; Health Policy; Humans; Law Enforcement; Legislation, Drug; Male; Perception; Schools; Smoking/legislation & jurisprudence; Students/psychology; Tobacco Use Disorder/prevention & control",,NCI NIH HHS (R01 CA080288) United States; NCI NIH HHS (R01 CA080288-01A2) United States; NCI NIH HHS (CA80288) United States,https://pubmed.ncbi.nlm.nih.gov/19874155/ http://onlinelibrary.wiley.com/doi/10.1080/10550490903077788/full https://www.cabdirect.org/abstracts/20093243258.html https://www.cabdirect.org/cabdirect/abstract/20093243258 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2913699,http://dx.doi.org/10.3109/10550490903077788,19874155,10.3109/10550490903077788,2143616658,PMC2913699,0,001-672-802-729-804; 002-629-350-520-884; 006-486-174-856-222; 012-748-678-229-403; 015-199-562-551-206; 016-020-554-877-971; 016-860-159-218-935; 016-975-809-624-645; 017-202-661-972-02X; 020-765-788-104-358; 022-690-632-462-49X; 023-096-048-620-940; 044-993-339-593-358; 051-525-026-988-873; 056-748-360-322-786; 058-923-214-477-470; 063-226-128-548-532; 075-404-675-082-350; 076-696-146-697-556; 124-503-908-221-745; 156-510-233-266-270; 170-318-577-402-624,1,true,,green
119-124-511-086-222,Constitutional Perils—Real and Otherwise,1984-11-01,1984,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,null Nichol; R Gene,"Review of: Our Endangerd Rights—The ACLU Report on Civil Liberties Today. Edited with an Introduction by Norman Dorsen. Pantheon Books, New York, N.Y., 1984",33,5,1002,1010,Materials science,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2894&context=dlj https://core.ac.uk/display/62550226 https://scholarship.law.duke.edu/dlj/vol33/iss5/6/ https://core.ac.uk/download/62550226.pdf,https://core.ac.uk/display/62550226,,,1586662036,,0,,1,true,,
119-166-267-163-622,Industrial Water Pollution and the Refuse Act: A Second Chance for Water Quality,,1971,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,null Rodgers; H William,,119,5,761,,Total maximum daily load; Water quality; Industrial water; Environmental science; Pollution; Mercury (element); Environmental engineering; Water pollution; United States regulation of point source water pollution,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5831&context=penn_law_review https://digitalcommons.law.uw.edu/faculty-articles/276/ https://scholarship.law.upenn.edu/penn_law_review/vol119/iss5/3/ https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1275&context=faculty-articles https://core.ac.uk/display/151688353 https://core.ac.uk/download/151688353.pdf,http://dx.doi.org/10.2307/3311223,,10.2307/3311223,1115378664,,0,065-293-761-555-239; 075-701-315-380-750; 100-686-651-568-80X,1,true,,green
120-219-529-779-913,Jealous Guardians in the Psychedelic Kingdom: Federal Regulation of Electricity Contracts in Bankruptcy,,2004,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Indraneel Sur,,152,5,1697,,Accounting; Kingdom; Business; Electricity; Bankruptcy,,,,,https://core.ac.uk/display/151686047 https://scholarship.law.upenn.edu/penn_law_review/vol152/iss5/4/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3194&context=penn_law_review https://core.ac.uk/download/151686047.pdf,http://dx.doi.org/10.2307/3313052,,10.2307/3313052,2275288682,,0,,0,true,,green
120-350-321-894-377,The Law of Sustainable Development: Keeping Pace,,2010,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,John R. Nolon,"This article describes the emerging field of sustainable development law and examines whether it is up to the challenge it faces. In a world of finite resources overrun by sprawl, threatened by climate change, short on fuel, and long on greenhouse gas emissions, the law must keep pace. After discussing what sustainable development law is, the article considers the relationship between change in society and the evolution of legal principles, strategies, and practices, particularly with respect to land use, property, and natural resources. Documented in this review is the steady change exhibited in the common law applicable to the ownership, use, and preservation of natural resources, the rapid spread of zoning in the early 20th century, and the current explosion of climate change litigation and regulation. Based on these and other examples, the first half of the article demonstrates that the law can and does evolve in response to crises in society, particularly when lawyers, judges, professionals, and policy makers are trained to understand that law is an instrument for positive change. The article then turns to why law schools matter by drawing lessons from the author’s personal experience at Pace University School of Law.",,,,,Climate change; Economics; Common law; Law; Pace; Natural resource; Land use; Urban sprawl; Zoning; Sustainable development,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1586942 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=1586942 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1674680_code989550.pdf?abstractid=1586942&rulid=115395&mirid=4 https://www.ssrn.com/abstract=1586942 https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=1586942 https://core.ac.uk/download/46713017.pdf,http://dx.doi.org/10.2139/ssrn.1586942,,10.2139/ssrn.1586942,2130035013,,0,049-157-175-006-433; 101-935-905-077-500; 113-575-167-160-167; 126-427-161-477-670; 164-190-583-499-840; 187-350-280-982-602,1,true,,green
120-462-434-900-493,Ten Years of the Jensen Case,,1928,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,William J. Conlen,"If one were to use a figure of speech, one might liken the Jensen case,' to an ignis fatuus wavering along the undefined and irregular boundary between the law of the land and that of the sea, and beckoning the unwary lawyer-pilot, whether he be of the land or of the water, and leading him unwittingly from the land into the sea, or from the sea upon the land, to confusion, if not destruction, either in the sea itself or upon the dangerous shoals that jut into the sea, and fringe the corpus comnitatus.2 As a survey of the cases will indicate, confusion has resulted from this will-o'-the-wisp, and not only have the lawyerpilots been brought to confusion in following it, but the state courts and certain of the lower federal courts have come to grief in their attempt to follow it. The true significance of the Jensem case and its proper relation to the subject-matter, can best be appreciated by a resume of the development of the jurisdiction of admiralty. The admiral was an official appointed by the king, who exercised ""the jurisdiction of the crown in respect of the command and charge of the sea, either during a particular expedition or over a particular district"".3 His jurisdiction was originally of a disciplinary and administrative character over the crews of the vessels committed to his orders.4 In time a court was established to take over the functions of the admiral. This court gave recognition to new rights and",76,8,926,,Law of the land; Figure of speech; Boundary (real estate); Charge (warfare); Law; State (polity); Jurisdiction; Character (symbol); Relation (history of concept); History,,,,,https://core.ac.uk/display/151689922 https://www.jstor.org/stable/3307278 https://scholarship.law.upenn.edu/penn_law_review/vol76/iss8/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8311&context=penn_law_review https://core.ac.uk/download/151689922.pdf,http://dx.doi.org/10.2307/3307278,,10.2307/3307278,840844095,,0,,0,true,,
120-561-731-093-505,Formation of International Sales Contracts: Three Attempts at Unification,,1962,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,E. Allan Farnsworth,,110,3,305,,Political science; Industrial organization; Unification,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6886&context=penn_law_review https://core.ac.uk/display/151688925 https://scholarship.law.upenn.edu/penn_law_review/vol110/iss3/1/ https://core.ac.uk/download/151688925.pdf,http://dx.doi.org/10.2307/3310577,,10.2307/3310577,839593204,,0,,4,true,,green
120-666-537-155-945,Enforcement of Foreign Judgment in E-Commerce Consumer Contracts In Malaysia: Issues and Challenges,2015-12-31,2015,journal article,Social and Management Research Journal,01281089; 16757017,"UiTM Press, Universiti Teknologi MARA",,Shazanah Sarwar Khan; Sheela Jayabalan,"<jats:p>Electronic commerce or e-commerce is gaining momentum in Malaysia. Consumers are finding transacting online to be a convenient method especially to buy goods and services. As online transactions involve transborder commerce, disputes are inevitable. As such the question of conflict of laws arises, one of which involves enforcement of foreign judgement. Even though there is a law regulating enforcement of foreign judgement in Malaysia, however it does not take into consideration consumer protection. Adapting doctrinal research, this article discusses issues and challenges arising in the enforcement of foreign judgement in e-commerce consumer contracts in Malaysia.&#x0D;; Keywords: Enforcement of Foreign Judgement, Reciprocal Enforcement of Foreign Judgement Act 1958, Brussels I Regulation, E-Commerce Consumer Contract</jats:p>",12,2,67,,Business; Enforcement; Commerce; E-commerce,,,,,http://myjms.mohe.gov.my/index.php/SMRJ/article/download/5048/2022,http://dx.doi.org/10.24191/smrj.v12i2.5048,,10.24191/smrj.v12i2.5048,2984797398,,0,,0,false,,
120-822-275-091-006,POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINALACTION AFTER THE APPLICATION OF LAW NO 19 OF 2016,2019-05-30,2019,journal article,UNTAG Law Review,25494910; 25795279,Fakultas Hukum UNTAG Semarang,,Muhammad Afied Hambali,"This paper aims to analyze the policy model of the use of electronic documents as evidence in criminal acts based on Law No. 19 of 2016. The development of information technology has significantly transformed the conventional socialization system into a digital system. This affects the emergence of new legal actions in a community. The form of the new legal action needs to be adjusted and harmonized with existing legislation, such as the use of electronic documents as evidence that will be used as a means of verification in court. Based on the analysis it was revealed that Law No. 19 of 2016 as a legal umbrella for regulating criminal acts in cyberspace is still experiencing many obstacles, therefore it must be harmonized with the relevant criminal law because if it is different then it will cause legal imbalance so that it will increasingly make it difficult for law enforcers to enforce the law.",3,1,26,38,Information technology; Political science; Law; Criminal law; Legislation; Socialization (Marxism); Cyberspace; Legal action,,,,,http://jurnal.untagsmg.ac.id/index.php/ulrev/article/download/1062/919 https://core.ac.uk/download/249338662.pdf,http://dx.doi.org/10.36356/ulrev.v3i1.1062,,10.36356/ulrev.v3i1.1062,2971195360,,0,,0,true,cc-by-nc,gold
120-997-140-915-404,European Networking and Training for National Competition Enforcers Entrance for Judges 2016. Selected Case Notes,2016-01-01,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Pier Luigi Parcu; Giorgio Monti,"This working paper includes a collection of case notes written by the national judges who attended the European Networking and Training for National Competition Enforcers (ENTraNCE Judges 2016). The training programme was organised by RSCAS between September, 2015, and June, 2016, with the financial contribution of the DG Competition of the European Commission. The case notes included in the working paper summarise judgments from different EU Member States that relate to diverse aspects of competition law enforcement. The working paper thus aims to increase understanding of the challenges that are faced by the national judiciary in enforcing national and EU competition in the context of the decentralised regime of competition law enforcement that was introduced by Reg. 1/2003.ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.70159",,,,,Competition (biology); Training (meteorology); Political science; Psychology; Medical education; Medicine; Geography; Biology; Ecology; Meteorology,,,,,https://core.ac.uk/download/pdf/79665433.pdf,http://dx.doi.org/10.2139/ssrn.2879312,,10.2139/ssrn.2879312,,,0,026-791-845-990-964; 031-892-882-881-71X; 040-893-032-237-064; 071-801-054-599-799; 084-442-349-923-998; 084-711-060-241-710; 092-861-105-399-743; 123-227-741-135-276; 172-836-565-407-893,0,true,cc-by,green
121-092-844-552-218,Exploding the Class Action Agency Costs Myth: The Social Utility of Entrepreneurial Lawyers,2006-11-01,2006,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Myriam E. Gilles; Gary B. Friedman,,155,1,103,,Political science; Law and economics; Class action; Social utility; Agency cost; Mythology,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1257&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol155/iss1/5/ https://core.ac.uk/download/151684572.pdf,http://dx.doi.org/10.2307/40041303,,10.2307/40041303,3122019209,,0,,13,true,,green
121-229-841-865-790,ENTITIES OF LOCAL SELF-GOVERNMENT AS POSSIBLE HOLDERS OF HUMAN RIGHTS,2019-11-18,2019,journal article,Godišnjak Pravnog Fakulteta u Banja Luci,22330429; 03509052,National and University Library of the Republic of Srpska,,Boštjan Tratar,"<jats:p>In this article, the author, using the scientific method of comparisonand analysis, presents the case law regarding position of municipalities and otherself-governing local communities as entities of public law as potential humanrights holders. These self-governing local communities generally share theprincipled position of entities of public law, to which the legal order recognizes(merely) the status of the addressee of human rights, not the holder. From theconstitutional case law of some European countries (Germany, Liechtenstein,Switzerland), especially Slovenia, and the United States of America, as arepresentative of the Anglo-Saxon legal system, it follows that local communitiesare recognized as holders of human rights either by enforcing the so-calledprocedural human rights (as this does not require a link with exercising dignityof an individual) and property rights or the right to filing the so-called municipalconstitutional complaints when it comes to enforcing protection of local selfgovernmentagainst unconstitutional interference with the constitutional rightto local self-government. The author believes that the development of titularityof municipalities in relation to human rights, i.e. municipalities as holders ofhuman rights, is often subject to legal policy.</jats:p>",1,40,,,Business; Government; Human rights; Public administration,,,,,http://doisrpska.nub.rs/index.php/GPF/article/viewFile/6375/6246 https://core.ac.uk/download/pdf/270184224.pdf,http://dx.doi.org/10.7251/god1840095t,,10.7251/god1840095t,2988453950,,0,,0,true,,gold
121-528-754-133-233,The relevant market in competition law: a legal concept,2019-03-11,2019,journal article,Journal of Antitrust Enforcement,20500696,Oxford University Press (OUP),,Viktoria H.S.E. Robertson,"In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It argues that for market definition – like for many an economic concept – a spectrum opens up between law and economics. On the economics side of the spectrum, economics may take on a more determinative role almost amounting to normative force. This places considerable pressure on the integrity of economics. On the law side of the spectrum, the relevant market is looked at through the prism of the law and is seen as a legal concept building upon an economic one. Here, economics is assigned an interpretive role. A plethora of different positions are possible along the spectrum, and different actors may place themselves at different locations under different circumstances or at different points in time. If it is acknowledged that the relevant market concept acquires a distinct legal conception through its incorporation into the competition laws, then this has far-reaching repercussions on our entire conception of competition law. This view effectively calls into question not only competition law’s understanding of the relevant market, but also the prevailing understanding of other shared legal and economic concepts.",7,2,158,176,Economics; Law and economics; Determinative; Competition law; Relevant market; Competition (economics); Market definition; Economic concept; Normative; Filter (software),,,,,https://academic.oup.com/antitrust/article-abstract/7/2/158/5375730,http://dx.doi.org/10.1093/jaenfo/jnz005,,10.1093/jaenfo/jnz005,2921613402,,0,,2,false,,
122-088-120-916-498,The New Deal Constitution in Exile,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,William E. Forbath,"Judge Douglas Ginsburg’s evocative phrase “the Constitution-inExile” recalls the New Dealers’ battle against the classical liberal Constitution fashioned in the Lochner era. For Ginsburg, the Supreme Court’s embrace of the New Deal revolution cast the old Constitution into exile, its memory “kept alive by a few scholars who labor on in the hope of a restoration, a second coming of the Constitution of liberty.” Until that day, Ginsburg and other restorationist scholars lament, the old Constitution’s fundamental commitments—to limited national government and due regard for states’ rights, to economic liberty and the rights of property—will remain forsaken. Constitutional culture will remain marred by a “double standard,” vigilance in the name of personal and political liberty forever mocking an indifference to economic liberty. National government will remain a swollen and intrusive bureaucratic enterprise that",51,1,165,222,Classical liberalism; Political science; Public law; Constitutional law; Law; Constitution; New Deal; Supreme court; Lament; Politics,,,,,https://scholars.law.unlv.edu/amend13_lh/1/ https://core.ac.uk/display/62548908 https://scholarship.law.duke.edu/dlj/vol51/iss1/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1125&context=dlj https://core.ac.uk/download/62548908.pdf,http://dx.doi.org/10.2307/1373232,,10.2307/1373232,1769192830,,0,,15,true,,green
122-714-601-899-831,The role of law in global value chains: a research manifesto,2016-02-27,2016,journal article,London Review of International Law,20506325; 20506333,Oxford University Press (OUP),,Grietje Baars; Jennifer Bair; Liam Campling; Dan Danielsen; Dennis Davis; Klaas Hendrik Eller; Dezso Farkas; Tomaso Ferrando; Jason Jackson; Daivd Hansen-Miller; Elizabeth Havice; Claire Mumme; Jesse Salah Ovadia; David Quentin; Brishen Rogers; Jaakko Salminen; Alvaro Santos; Benjamin Selwyn; Marlese von Broembsen; Lucie E. White,"Most scholars attribute the development and ubiquity of global value chains to economic forces, treating law as an exogenous factor, if at all. By contrast, we assert the centrality of legal regimes and private ordering mechanisms to the creation, structure, geography, distributive effects and governance of Global Value Chains (GVCs), and thereby seek to establish the study of law and GVCs as rich and important terrain for research in its own right. ; ; Across a growing number of sectors and industries, value production is not just transnational in scope; it is organised and coordinated via global networks that link activities across as well as within firms and nations. These networks are increasingly referred to as ‘Global Value Chains’, or GVCs. The asserted causes of this phenomenon are multiple, and scholars debate which deserves designation as primary.1 We begin from the premise that GVCs are not only the product of shifting economic conditions. They also arise as firms engage dynamically with multiple, overlapping and often conflicting local, national, regional and transnational legal regimes, soft-law normative orders and private ordering mechanisms (hereinafter collectively described as ‘law’).2; ; This article seeks to establish the importance for both scholars and policymakers of investigating some of the complex ways in which the law shapes and is shaped by GVCs. The research agenda articulated here emerged from a series of ongoing conversations among a group of legal scholars, sociologists and political economists that first met in June 2014 under the auspices of the IGLP at Harvard University. For the most part, legal scholarship has only summarily or incidentally analysed GVCs, and similarly, GVCs scholars outside law have not made law a focal point of their theoretical or empirical analyses. We believe that placing law at the centre of the analysis of what have historically been treated as primarily ‘economic structures’ will not only enrich our understanding of the shape, nature and dynamic character of GVCs, but will also help to illuminate the complex inter-relationship between law and global political economy more broadly. ; ; We begin with a broad description of the question at the heart of our collective inquiry: how does law shape the structure and organisation of production globally and how is law impacted through this process? To make this meta-question more concrete, we articulate three thematic starting points for exploration of the relationship between law and GVCs: law and the geography of GVCs; law and the production and distribution of value and power in GVCs; and law and the coordination of GVCs (the latter being a process referred to in the GVC literature as ‘governance’). We focus our research inquiry into the role of law in global structures of production on GVCs both because of their ubiquity in modern capitalism and the rich variety of extant scholarship (largely outside the field of law) exploring GVCs in a variety of industries and contexts. This combination of factors makes GVCs a rich source for research both empirically and theoretically. In an effort to suggest, albeit in a highly preliminary way, what a legal analysis of GVCs might entail, and what insights this line of inquiry might yield, we include brief descriptions of several ongoing research projects initiated by group members. Our goal is to invite scholars in law and related disciplines to begin to view the study of law and global production as an important and worthy field of research in its own right.",4,1,57,79,Global network; Political science; Law; Economic forces; Value (ethics); Scholarship; Corporate governance; Capitalism; Private law; Politics,,,,,https://lsr.nellco.org/nusl_faculty/52/ http://sro.sussex.ac.uk/id/eprint/60053/ https://core.ac.uk/display/42578369 https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3125&context=facpub https://scholar.uwindsor.ca/lawpub/28/ https://scholarship.law.georgetown.edu/facpub/2106/ https://scholar.uwindsor.ca/cgi/viewcontent.cgi?article=1027&context=lawpub http://wrap.warwick.ac.uk/id/eprint/77628 https://openaccess.city.ac.uk/id/eprint/13202/ https://core.ac.uk/download/pdf/72793334.pdf,http://dx.doi.org/10.1093/lril/lrw003,,10.1093/lril/lrw003,2298714893,,0,052-554-343-320-200; 099-720-351-030-12X; 152-831-580-175-287,56,true,cc-by,hybrid
122-803-548-104-730,A comparative overview of the (sometimes uneasy) relationship between digital information and certain legal fields in South Africa and Uganda,2017-04-21,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Dana Van der Merwe,"The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt.;  ; Digital information is rapidly becoming one of the 21st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa) against a background of multilateral treaties that might apply in this regard.; An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power) as well as one of the players who want to win (as the executive power, when government information is at stake). A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts) amongst the general population.;  ; A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective solution in this regard.",17,1,296,326,Sociology; Government; As is; Law; Criminal law; State (polity); Enforcement; Context (language use); Population; Espionage,,,,,http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812014000100008 https://dspace.nwu.ac.za/bitstream/10394/10441/1/2014%2817%291_7VanderMerweART.pdf https://www.ajol.info/index.php/pelj/article/download/103248/93460 https://journals.assaf.org.za/per/article/view/2250/0 https://journals.assaf.org.za/per/article/download/2250/2048 https://perjournal.co.za/article/view/2250 https://journals.co.za/content/perblad/17/1/EJC151926 https://dspace.nwu.ac.za/handle/10394/10441 http://www.scielo.org.za/pdf/pelj/v17n1/08.pdf https://www.ajol.info/index.php/pelj/article/view/103248 https://perjournal.co.za/article/download/2250/2048 https://core.ac.uk/download/pdf/231091753.pdf,http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2250,,10.17159/1727-3781/2014/v17i1a2250,2137262432,,0,009-275-229-351-280; 060-071-907-003-651; 100-767-382-538-470; 110-867-991-688-504; 171-658-062-644-357,1,true,cc-by,gold
122-958-476-981-924,Aspek Hukum Perlindungan Data Konsumen E-Commerce,2020-08-19,2020,journal article,Kosmik Hukum,26559242; 14119781,Lembaga Publikasi Ilmiah dan Penerbitan Universitas Muhammadiyah Purwokerto,,Ardhiana Hidayah; Marsitiningsih Marsitiningsih,"Consumer data protection is part of the consumer protection aspect of online transactions or e-commerce activities. This research is a normative legal research based on library research. This study aims to know and understand that personal data is part of the constitutional rights of citizens, so that the state is obliged to protect dignity, respect and integrity of consumers as human beings. The use of any information through electronic media that involves a person's personal data must be done with the consent of the person concerned. The misuse of consumer data is a major problem in legal protection to consumers. Consumer data protection only relies on Ministerial Regulation Number 20 Year 2016 concerning Protection of Personal Data which cannot be used as a basis for solving the problem of data misuse. There needs to be a special institution in processing law enforcement in the context of protecting consumer data. Keywords: Consumer Data Protection",20,1,56,63,Internet privacy; Electronic media; Business; Dignity; Context (language use); Law enforcement; Consumer protection; Normative; Legal research; Data Protection Act 1998,,,,,http://jurnalnasional.ump.ac.id/index.php/KOSMIK/article/view/8251 http://jurnalnasional.ump.ac.id/index.php/KOSMIK/article/download/8251/3304,http://dx.doi.org/10.30595/kosmikhukum.v20i1.8251,,10.30595/kosmikhukum.v20i1.8251,3080242538,,0,,0,true,cc-by,gold
123-526-376-991-401,"The Supreme Court and State Action Challenged Under the Fourteenth Amendment, 1930-1931",,1932,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Pendleton Howard,,80,4,483,,Substantive due process; Privacy laws of the United States; Political science; Law; Supreme court; Amendment; State action; Remand (court procedure),,,,,https://scholarship.law.upenn.edu/penn_law_review/vol80/iss4/1/ https://core.ac.uk/download/151690012.pdf,http://dx.doi.org/10.2307/3308160,,10.2307/3308160,1529920997,,0,,0,true,,green
123-544-270-921-551,Legal Weak Protection of Personal Data in the 4.0 Industrial Revolution Era,2020-06-20,2020,journal article,Jambura Law Review,26560461; 26549255,Fakultas Hukum Universitas Negeri Gorontalo,,Fenty Puluhulawa; Jufryanto Puluhulawa; Moh. Gufran Katili,"This study aims to discuss the legal weak protection of personal data which is motivated by the phenomenon of society today which is like living in a world without borders so that it impacts on easy access to one's personal information, the impact of begins to spread illegal practices by irresponsible parties in the illegal use of personal information. In addition, there are no laws that specifically regulate the protection of personal data/information in the 4.0 Industrial Revolution era. The approach method used is a conceptual and case approach, with the purpose of the research is to analyze the weakness of legal protection for personal data in the 4.0 Industrial Revolution era in Indonesia. The results of the study, the spread of personal data protection arrangements in various laws and regulations indicate the protection of personal data is not yet a national legal priority and results in legal weak protection of the personal data of citizens so as to position Indonesian citizens in a vulnerable position, which is certainly not in line with the legal objectives namely provide legal certainty, justice, and expediency. The various cases that exist and pay attention to the phenomenon of digitalization in the era of the industrial revolution 4.0 illustrate the urgency of the need for the legal protection of personal data a state priority. Legal reform through the legitimacy of protecting personal data as a responsive and progressive legal policy is a must so that legal protection in the form of legal guarantees can be carried out properly in order to create a safe and comfortable digital ecosystem for the community.",2,2,182,200,Economic Justice; Business; Personally identifiable information; Law and economics; Position (finance); State (polity); Digital ecosystem; Legal certainty; Legitimacy; Data Protection Act 1998,,,,,https://ejurnal.ung.ac.id/index.php/jalrev/article/download/6847/2107 https://ejurnal.ung.ac.id/index.php/jalrev/article/view/6847 https://core.ac.uk/download/pdf/327109683.pdf,http://dx.doi.org/10.33756/jlr.v2i2.6847,,10.33756/jlr.v2i2.6847,3036678884,,0,,0,true,cc-by-sa,gold
123-643-165-237-84X,The Supreme Court and the Sherman Anti-Trust Act,,1910,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Harold Evans,,59,2,61,,Political science; Law and economics; Law; Supreme court; Anti trust; Certiorari; Remand (court procedure); Original jurisdiction,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol59/iss2/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7165&context=penn_law_review https://core.ac.uk/display/151689234 https://core.ac.uk/download/151689234.pdf,http://dx.doi.org/10.2307/3307879,,10.2307/3307879,754626960,,0,,0,true,,green
124-116-601-253-427,Collection and Enforcement of State Consumption Excise Taxes,,1941,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Joseph W. Huston; John R. Berryman,,8,3,506,521,Public economics; Consumption (economics); Economics; State (polity); Excise; Enforcement,,,,,https://scholarship.law.duke.edu/lcp/vol8/iss3/9/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2093&context=lcp https://core.ac.uk/display/62558141 https://core.ac.uk/download/62558141.pdf,http://dx.doi.org/10.2307/1189410,,10.2307/1189410,1499496725,,0,,0,true,,green
124-937-713-552-171,Chinese Customs Regulations on Cross-Border E-Commerce: A Growth Opportunity for Foreign Enterprises and Chinese Commercial Platforms,2018-07-06,2018,journal article,Sinología hispánica,25312219; 2444832x,University of Leon,,Miriam Ruiz,"The fast improvement of communications since 1980´s has sped up the way of world-wide consumption. The embrace of globalization and all the changes and improvements that come with it, such as new technologies, faster and more accessible routes and ways of transportation, have created a new way to sell and buy goods named electronic commerce or e-commerce. This new way of commerce was officially adopted in May, 1998 in the Declaration on Global Electronic Commerce of the Second Ministerial Conference of the World Trade Organization, which recognizes the growth of this new way of trade and the new opportunities it brings with. Since then, the term of electronic commerce, or e-commerce, is understood as to mean the production, distribution, marketing, sale or delivery of goods and services by electronic means 1 . Even if today e-commerce is not a new subject, we can say it has become a popular and stable way of consumption, job, and income source, not only for the seller and buyer, but also for all the intermediaries involved in the process. In this article, the characteristics of cross-border e-commerce and its implication on Chinese Customs legislations and commercial platforms will be analyze by noting their main characteristics and the challenges shared for development, as well as the effects they generate among consumers, enterprises and the government.",1,6,133,156,Consumption (economics); Intermediary; Business; Government; Goods and services; Emerging technologies; Globalization; Distribution (economics); Commerce; E-commerce,,,,,http://revpubli.unileon.es/ojs/index.php/sinologia/article/download/5492/4226 https://dialnet.unirioja.es/servlet/articulo?codigo=6492441 http://revpubli.unileon.es/ojs/index.php/sinologia/article/view/5492 http://revistas.unileon.es/index.php/sinologia/article/download/5492/4226 http://revistas.unileon.es/index.php/sinologia/article/view/5492 https://core.ac.uk/download/pdf/233583871.pdf,http://dx.doi.org/10.18002/sin.v1i6.5492,,10.18002/sin.v1i6.5492,2888063212,,0,073-316-403-678-449; 074-384-695-320-641; 077-294-142-085-848; 106-314-558-992-607; 174-431-849-260-405,2,true,cc-by-nc-sa,hybrid
125-556-281-154-133,The use of economic analysis by the Supreme Court in applying the concept of the relevant market,,1995,journal article,European Journal of Law and Economics,09291261; 15729990,Springer Science and Business Media LLC,Netherlands,Reuben E. Slesinger,"Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a “part of commerce,∝ “a line of commerce,∝ or “section of the country∝ has been interpreted by the courts to mean “a market.∝ A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.",2,3,227,245,Economic Justice; Economics; Statute; Law and economics; Law; Commission; Supreme court; Relevant market; Enforcement; Consent decree; Commercial law,,,,,https://dialnet.unirioja.es/servlet/articulo?codigo=6513601 https://link.springer.com/article/10.1007%2FBF01540808 https://link.springer.com/content/pdf/10.1007/BF01540808.pdf,http://dx.doi.org/10.1007/bf01540808,,10.1007/bf01540808,1975201750,,0,,0,false,,
126-163-317-401-546,The Constitutional Convention of 1937: The Original Meaning of the New Jurisprudential Deal,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Kurt T. Lash,"The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern political ideologies. Accepting the New Deal as a legitimate moment of constitutional change justifies the modern scope of the commerce power, but calls into question both the due process and federalism jurisprudence of the Modern Court. Part II of the paper traces the evolution of individual rights under the Fourteenth Amendment in the period between 1868 and 1937. Although liberty of contract is associated with the Lochner Court, economic rights like labor and trade have their roots in mid-Nineteenth Century common law. There is evidence that the framers of the Fourteenth Amendment anticipated such liberties would be protected under the Privileges or Immunities Clause of the Fourteenth Amendment. Temporarily blocked by the Court's restricted reading of the Privileges or Immunities Clause in the Slaughterhouse Cases, economic liberties eventually surfaced as common law rights protected under the Due Process Clause. Substantive Due Process rights during the Lochner period went beyond economic liberties, however, and included freedom of speech, press and parental autonomy. Under the common law methodology of Lochner and Twining v. New Jersey, the fact that speech and press were listed in the text of the Bill of Rights was irrelevant to their enforcement as fundamental Due Process liberties. Part III addresses the impact of the New Deal revolution on the protection of individual rights. Lacking a textual amendment, the Court embarked on a revolution of jurisprudence - the construction of a new and more legitimate approach to judicial review. The core principle of this jurisprudential revolution was the embrace of textual originalism. Regardless of its history as a common law right, liberty of contract was nowhere mentioned in the text of the Constitution and, therefore, could not be a legitimate ground for interfering in the political process. Similarly, the Tenth Amendment contained no express restrictions on the powers of Congress, but stood as ""a mere truism"" regarding the reserved powers of the States. No longer constrained by an unjustifiably broad reading of the Tenth Amendment, the Court returned the commerce power to what it claimed was the original understanding of the Founders. Finally, de-coupling judicial review from the common law methodology of the Nineteenth Century had a number of consequences. At the same time the Court abandoned common law liberty of contract, it also abandoned judicial construction of state common law (Erie v. Tompkins). Moreover, if the error of Lochnerian liberty of contract was its lack of textual foundation, then Lochnarian parental autonomy shared the same error. In order to survive the New Deal Revolution, decisions like Meyer v. Nebraska and Pierce v. Society of Sisters would have to be recharacterized to represent judicial protection of textual rights like religious freedom and equal protection under the law. In Part IV, I explore the birth and evolution of Incorporation Doctrine. Prior to 1937, there had been no reason to speak of incorporating the ""texts"" of the First Amendment because liberties like speech and press were protected as fundamental liberties under the common law. The fact they were (or were not) mentioned in the Bill of Rights was irrelevant. The abandonment of common law methodology and the new emphasis on textual originalism required a new justification for the enforcement of individual rights, including those of speech and press. Ultimately, consensus formed around the Preferred Freedoms model in which some, but not all, of the texts of the Bill of Rights were incorporated into the Fourteenth Amendment. This ""selective incorporation"" approach, however, echoed the selective approach of the Lochner Court and triggered the famous debates between Justices Frankfurter and Black over the original meaning of the Fourteenth Amendment. In Part V, I explore the implications of viewing the New Deal Revolution as a revolution in jurisprudence. Instead of constitutionalizing some form of Rooseveltian progressivism, the Court self-consciously placed both laissez-faire capitalism and progressive redistributionism within the legitimate reach of the political process. Efforts to define the New Deal Revolution in terms of progressive politics thus is at odds with the original intentions of the New Deal Convention. Finally, the New Deal emphasis on textual originalism conflicts with the modern embrace of non-textual common law rights like privacy and parental autonomy, and with the increasing use of federalism principles as a substantive limit on the otherwise plenary powers of Congress. If one embraces the New Deal as a ""constitutional moment,"" it appears one must reject both non-textual due process liberties and non-textual federalist restraints on federal power.",,,,,Precedent; Substantive due process; Sociology; Common law; Law; Privileges or Immunities Clause; Due Process Clause; Bill of rights; Judicial review; Fundamental rights,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=264214 https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=264214 https://core.ac.uk/download/144222632.pdf,http://dx.doi.org/10.2139/ssrn.264214,,10.2139/ssrn.264214,1543972697,,0,,3,true,,green
126-643-146-310-65X,Fundamental Rights in the United Kingdom: The Law and the British Constitution,,1976,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Anthony Lester,"I am honoured to have been invited to give this lecture and more grateful than words can express. It is a daunting invitation, especially when one recalls the demanding standards of the Owen J. Roberts Memorial Lectureship and the distinguished character of my predecessors. And it is a particular privilege for an Englishman-who is not a judge, a statesman, or a professor, but a practitioner at the English Bar-to have been asked to lecture in this historic birthplace of the Declaration of Independence during the year of the Bicentennial celebrations. I believe that Mr. Justice Roberts would have been interested by my theme. In his judicial capacity, he was a member of a divided Court that was called upon to reconcile the constitutional guarantees of personal liberty both with the proper allocation of power between the federal government and the states of the Union, and with the imperatives of a great modern industrial nation. His judicial experience would surely have made him interested in the way in which we, in the United Kingdom, have wrestled with analogous constitutional and legal problems, without a written constitution or a binding Bill of Rights. And his work for international federation and Atlantic union, after his retirement from the Supreme Court, indicates that he would have been fascinated by the constitutional and legal consequences of the creation of a European Community, inspired by the making of the United States.",125,2,337,,Common law; Political science; Constitutional law; Scots law; Law; Constitution; Supreme court; Habeas corpus; Ex post facto law; Fundamental rights,,,,,https://www.jstor.org/stable/3311535 https://core.ac.uk/display/151687873 https://scholarship.law.upenn.edu/penn_law_review/vol125/iss2/4/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=4938&context=penn_law_review https://core.ac.uk/download/151687873.pdf,http://dx.doi.org/10.2307/3311535,,10.2307/3311535,1076488591,,0,,0,true,,green
126-724-962-616-58X,Key Challenges facing Online Dispute Resolution in Saudi Arabia,,2019,journal article,"Journal of Law, Policy and Globalization",,"International Institute for Science, Technology and Education",,,"Online Dispute Resolution (ODR) has emerged as a particularly effective means to resolve various forms of commercial disputes.  This dispute resolution mechanism now employs an array of technologies to resolve both domestic and international commercial disputes.  Courts in some jurisdictions have piloted successful ODR programs, although others are still struggling to find balance between traditional litigation tools and ODR.The advancement in technology has most significantly changed traditional arbitral procedures and practices.  With the panoply of ODR options, cyberspace is a new venue for arbitration in the international arena.  Successful examples of ODR demonstrate arbitration that is conducted fully through electronic means from the onset to the conclusion.  This paper examines the case of Saudi Arabia, where there have been attempts to provide a regulatory framework for online dispute resolution.  These strides are still minimal, given the challenges of ODR as applied in the present Saudi Arabian legal structure.Saudi Arabia presents unique challenges.  The country’s legal system is premised on Shari’a law, which significantly defines the culture and the rules for Saudi Arabian people.  Integrating an online dispute resolution system into the Shari’a legal construct could create a business environment for both Saudis and foreigners to facilitate smooth commercial transactions and to address related disputes when they arise.  Finding a way to align ODR with Shari’a law, however, is the task.  Obstacles include: the lack of legal certainty and government regulations that could provide guidance in the area of ODR; the lack of  legitimacy; and the lack of awareness concerning the use of online systems.  This paper will examine these Challenges and, in particular, focus on the existing Saudi Arabian legal framework for dispute resolution in relation to Shari’a law and theorize how ODR might be incorporated in future commercial arbitrations. Keywords: Sharia Law, Arbitration, Alternative Dispute Resolution, Online Dispute Resolution, Public Policy. DOI: 10.7176/JLPG/88-11 Publication date: August 31st 201",,,,,,,,,,https://core.ac.uk/download/pdf/234652230.pdf,http://dx.doi.org/10.7176/jlpg/88-11,,10.7176/jlpg/88-11,,,0,,0,true,cc-by,hybrid
126-781-697-647-625,Statutory Standing to Review Administrative Action,,1949,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,C. C. H. join(,,98,1,70,,Statutory law; Political science; Law; Administrative action,,,,,https://core.ac.uk/display/151693875 https://core.ac.uk/download/151693875.pdf,http://dx.doi.org/10.2307/3309383,,10.2307/3309383,2795944888,,0,,0,true,,
127-245-570-694-878,The Letter and the Spirit: A Unified Theory of Originalism,,2017,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Randy E. Barnett; Evan D. Bernick,"The concept of constitutional construction is of central importance to originalist theory but is both underdeveloped and controversial among originalists. Some object that its apparent open-endedness undermines the constraining virtues of originalism and exposes citizens to arbitrary judicial power. In this Article, we respond to this challenge by presenting an originalist theory of constitutional construction that can guide and constrain judicial activity within the “construction zone.” When combined with an originalist theory of constitutional interpretation, our approach yields a unified theory of originalism. ; Our theory of constitutional construction draws upon a familiar common-law concept long used in contract and fiduciary law to handle the problem of opportunistic abuse of discretion: the duty of good faith. We contend that judges who take an oath to “support this Constitution” enter into a fiduciary relationship with private citizens—a relationship characterized by discretionary powers in the hands of judges and a corresponding vulnerability in the citizenry. As fiduciaries, judges are morally and legally bound to follow the instructions given to them in “this Constitution” in good faith. This means that judges engaging in constitutional construction (or “implementation”) must seek to give legal effect to both the Constitution’s “letter” (its original public meaning) and its “spirit” (the original function or purpose of the particular clauses and general structure of the text). ; Therefore, when interpretation of original meaning is not sufficient to resolve a controversy, judges have a duty to employ good-faith construction. Good-faith construction consists of (a) accurately identifying the spirit—or “original function”—of the relevant constitutional provision at the time it was enacted and (b) devising implementing rules that are calculated to give effect to both the letter and the spirit of the text in the case at hand and in future cases. Conversely, bad-faith construction consists in opportunistically using the discretion inherent in implementing the Constitution to evade its original letter or spirit in pursuit of the judge’s own extraconstitutional preferences.",,,,,Political science; Law; Constitution; Originalism; Fiduciary; Discretion; Duty; Original meaning; Oath; Interpretation (philosophy),,,,,https://scholarship.law.georgetown.edu/facpub/2000/ https://www.ssrn.com/abstract=3049056 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3049056_code238438.pdf?abstractid=3049056&mirid=1 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=3049056 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3049056 https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=3018&context=facpub https://core.ac.uk/download/132075615.pdf,http://dx.doi.org/10.2139/ssrn.3049056,,10.2139/ssrn.3049056,2760825620,,0,014-939-840-263-55X; 035-361-531-713-215; 058-705-150-646-275; 060-621-212-260-145; 080-722-476-191-348; 105-143-943-145-80X; 121-387-036-080-310; 132-307-312-440-519; 153-076-971-917-25X; 190-035-540-489-637,6,true,,green
127-337-948-579-950,Party Autonomy and Regional Harmonization of Rules in International Commercial Arbitration,2006-04-26,2006,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Elizabeth Shackelford,"In the last half of the twentieth century, the trend towards “world-wide harmonization of trade law” has increased steadily with the globalization of economies and the corresponding increase in transnational commerce. Throughout this period, efforts have emerged to unify and harmonize international commercial law in order to promote international trade. The two primary ways this was pursued during the twentieth century were unification of choice of-law rules and harmonization or unification of substantive rules.",67,4,,,International trade; Arbitration; Economics; Order (exchange); Globalization; International commercial law; Harmonization; Autonomy; Unification,,,,,https://lawreview.law.pitt.edu/ojs/lawreview/article/download/57/57 http://d-scholarship.pitt.edu/17926/ https://lawreview.law.pitt.edu/ojs/index.php/lawreview/article/view/57 https://core.ac.uk/display/12214751 https://core.ac.uk/download/12214751.pdf,http://dx.doi.org/10.5195/lawreview.2006.57,,10.5195/lawreview.2006.57,2043675255,,0,,1,true,cc-by-nc-nd,hybrid
127-446-431-307-621,Congress as Culprit: How Lawmakers Spurred on the Court’s Anti-Congress Crusade,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Neal Devins,"Poor Congress. Twenty-seven of its laws have been struck down in just over six years.' According to the New York Times, Congress is now ""The High Court's Target.""2 And to law professors, the Court is increasingly ""obliterating a role for Congress as a separate institution""3-so much so that examining the ""Causes of the Recent Turn in Constitutional Interpretation"" and sorting out whether it is time to",51,1,435,464,Precedent; Political question; Common law; Political science; Constitutional law; Law; New Deal; High Court; Certiorari; Uniform Code of Military Justice,,,,,https://scholarship.law.wm.edu/facpubs/359/ https://scholarship.law.duke.edu/dlj/vol51/iss1/10/ https://core.ac.uk/display/62548920 https://www.jstor.org/stable/1373238 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1131&context=dlj https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1380&context=facpubs https://works.bepress.com/neale_devins/58/ https://core.ac.uk/download/62548920.pdf,http://dx.doi.org/10.2307/1373238,,10.2307/1373238,1589536539,,0,,11,true,,green
127-514-699-651-679,LEGAL PROTECTION AGAINST CONSUMERS IN E-COMMERCE TRANSACTION,2022-03-25,2022,journal article,Jurnal Independent,27751090; 23387777; 27752011,Universitas Islam Lamongan,,BAMBANG EKO MULJONO; DHEVI NAYASARI SASTRADINATA; HADZIQOTUN NAHDLIYAH,"<jats:p>AbstractionWith the characteristics of e-commerce like this, consumers will face various legal problems and the current legal protection regulations for consumers have not been able to protect consumer rights in cross-border e-commerce transactions in Indonesia. In e-commerce transactions, there are no more country boundaries, so the consumer protection laws of each country like Indonesia's will not be enough to help, because e-commerce operates across borders. In this connection, legal protection for consumer rights must be carried out with an international approach through harmonization of law and cooperation with law enforcement institutions. In 2008, the Indonesian government issued Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. In this Law on Information and Electronic Transactions, it is regulated regarding electronic transactions, one of which is activities regarding buying and selling in this internet media.</jats:p>",10,1,43,43,Business; Database transaction; Consumer protection; Enforcement; Harmonization; E-commerce; The Internet; Government (linguistics); Commerce; Law enforcement; Indonesian,,,,,,http://dx.doi.org/10.30736/ji.v10i1.158,,10.30736/ji.v10i1.158,,,0,,0,true,,hybrid
127-589-408-238-507,The Erosion of Autonomy in Online Consumer Transactions,2016-01-02,2016,journal article,"Law, Innovation and Technology",17579961; 1757997x,Informa UK Limited,,Eliza Mik,"ABSTRACTOnline businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process, creating an environment of ambient and pervasive manipulation. It starts the moment consumers enter a search term (autocomplete), proceeds through the display of search results (search engine bias), the speed with which a website appears on the screen (traffic management) and concludes with the layout of elements on a...",8,1,1,38,Internet privacy; Business; Consumer behaviour; Autocomplete; Consumer protection; Power imbalance; Process (engineering); Term (time); Autonomy; E-commerce,,,,Singapore Management Universtity,https://works.bepress.com/elizamik/30/ https://ink.library.smu.edu.sg/sol_research/1736/ https://works.bepress.com/elizamik/30/download/ https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3688&context=sol_research https://www.tandfonline.com/doi/full/10.1080/17579961.2016.1161893 https://core.ac.uk/display/43163651 https://core.ac.uk/download/43163651.pdf,http://dx.doi.org/10.1080/17579961.2016.1161893,,10.1080/17579961.2016.1161893,2339937250,,0,,18,true,cc-by-nc-nd,green
127-765-233-066-183,Adoption of the E-Commerce VAT Package: The Road Ahead Is Still a Rocky One,2018-06-01,2018,journal article,EC Tax Review,09282750,Kluwer Law International BV,,Marie Lamensch,"<jats:p><jats:italic>The e-commerce VAT package that was adopted in December 2017 is a key element of the European Commission VAT Action Plan and the Digital Single Market strategy. While it should be transposed into the national legislations of the Member States by 2019 and 2021, in this article the author identifies key implementation issues and unfixed enforcement challenges. She highlights, in particular, that relying on electronic platforms to collect the VAT does not come without difficulties and risks of abuse and that the lack of enforcement jurisdiction of EU tax administrations on non-EU businesses remains an unsolved and most worrying issue. Her conclusion is that the adoption of the e-commerce VAT package is certainly not the last step of the EU VAT modernization journey.</jats:italic></jats:p>",27,Issue 4,186,195,,,,,,,http://dx.doi.org/10.54648/ecta2018020,,10.54648/ecta2018020,,,0,,1,false,,
127-932-143-782-907,The Court of the Astana International Financial Center in the Wake of Its Predecessors,,2019,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Nicolás Álvaro Zambrana-Tévar,"The Court of the Astana International Financial Centre is a new dispute resolution initiative meant to attract investors in much the same way as it has been done in the case of the courts and arbitration mechanisms of similar financial centres in the Persian Gulf. This paper examines such initiatives from a comparative perspective, focusing on their Private International Law aspects such as jurisdiction, applicable law and recognition and enforcement of judgments and arbitration awards. The paper concludes that their success, especially in the case of the younger courts, will depend on the ability to build harmonious relationships with the domestic courts of each host country.",12,1,122,135,Dispute resolution; Arbitration; Political science; Law; Persian; Jurisdiction; Enforcement; Financial center; Host country; Conflict of laws,,,,,https://repub.eur.nl/pub/120272/ELR_2019_012_001_012.pdf https://www.bjutijdschriften.nl/tijdschrift/ELR/2019/1/ELR-D-18-00027 http://www.erasmuslawreview.nl/tijdschrift/ELR/2019/1/ELR-D-18-00027 https://www.elevenjournals.com/tijdschrift/ELR/2019/1/ELR-D-18-00027 https://repub.eur.nl/pub/120272 http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2019/1/ELR-D-18-00027 https://core.ac.uk/download/237100275.pdf,http://dx.doi.org/10.5553/elr.000125,,10.5553/elr.000125,2982154153,,0,,1,true,cc-by-nc-sa,gold
128-003-782-188-98X,A Holistic Look at Agency Enforcement,,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,David L. Markell; Robert L. Glicksman,"The law review literature has long-recognized that effective enforcement is an essential component of effective regulation. Yet much of the literature focuses on one aspect of the enforcement challenge or another. For example, the underlying theory about optimal levels of enforcement has received considerable attention, as have topics such as the relative merits of using deterrence-based versus cooperation-based approaches and the use of citizen suits.The purpose of this article is to fill a gap in the law review literature by considering agencies’ enforcement and compliance promotion function holistically. In doing so, the article approaches the challenge from an “inside-out” perspective, a perspective that administrative law scholars have found to be lacking in the literature. The article proposes a three-layered conceptual framework for considering options for structuring the administrative agency enforcement and compliance promotion function. The first layer consists of five components of effective enforcement and compliance: norm clarity, norm achievability, verifiability, an appropriate mix of sanctions and rewards, and indicia of legitimacy. The second involves the inter-related character of these components and highlights the importance of fitting each into a particular enforcement and compliance regime so that agencies may gain synergistic benefits and consider the need to make difficult trade-offs. Third, and finally, our conceptual framework includes four contextual design issues that create additional challenges in determining the appropriate content of each of the five key components of effective enforcement and compliance: the hybrid character of contemporary governance efforts; the importance of “reality-checking” enforcement options through close attention to past performance as well as future challenges and opportunities; the dynamic character of environmental governance challenges; and the salience of possible design changes and the need to prioritize design improvements. The article suggests that it is important to consider all three layers in developing an effective enforcement and compliance promotion regime.The article tests our conceptual framework by including a case study of an ongoing Environmental Protection Agency (EPA) effort to reinvent its enforcement and compliance promotion program and by applying our framework to EPA’s initiative. This case study illustrates the value of our framework in evaluating regulatory design options for the enforcement and compliance promotion function.",,,,,Risk analysis (engineering); Conceptual framework; Business; CLARITY; Environmental governance; Sanctions; Enforcement; Corporate governance; Public relations; Administrative law; Contextual design,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2404930 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=2404930 https://core.ac.uk/display/151515051 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2410206_code810317.pdf?abstractid=2404930&mirid=1 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2410206_code810317.pdf?abstractid=2404930&mirid=1&type=2 https://core.ac.uk/download/151515051.pdf,http://dx.doi.org/10.2139/ssrn.2404930,,10.2139/ssrn.2404930,1851741456,,0,006-114-921-221-144; 029-308-311-752-984; 032-580-949-594-269; 035-502-295-192-062; 051-486-676-868-68X; 071-282-914-678-592; 083-488-612-881-586; 182-550-864-140-366,1,true,,green
128-268-290-766-230,The Costs of Regulatory Redundancy: Consumer Protection Oversight of Online Travel Agents and the Advantages of Sole FTC Jurisdiction,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,James C. Cooper,"Every administration in recent history has attempted to reduce regulatory redundancies. One area of regulatory redundancy that deserves attention is the FTC’s and Department of Transportation’s (DOT) consumer protection authority over online travel agents (OTAs), which generated $111 billion in revenue last in 2013. This regulatory redundancy guarantees that two agencies will oversee OTAs, prevents harmonization of online consumer protection policy, and is likely to impose unnecessary costs on OTAs to adhere to two separate regulatory regimes. The importance of this conflict will grow as privacy and data security become preeminent consumer protection issues and DOT expands its jurisdiction to online information providers. Efficiency suggests the FTC as the sole consumer protection overseer of OTAs. Only the FTC has the current capacity to regulate all OTA activities, and it enjoys unrivaled expertise with respect to e-commerce consumer protection. Further, in contrast with FTC’s ex post enforcement approach, which focuses on actual or likely consumer harm, DOT’s ex ante regulatory approach is ill-suited for the fast moving world of e-commerce. Finally, the FTC faces more serious internal and external constraints on its enforcement authority, which tends to temper the potential for regulatory overreach. There are several possible ways to effect this regulatory reform, ranging from the complete abolition of DOT’s aviation consumer protection authority and the FTC Act’s common carrier exemption, to a memorandum of understanding between FTC and DOT that harmonizes policy.",,,,,Business; Regulatory capture; FTC Fair Information Practice; Jurisdiction; Regulatory reform; Enforcement; Common carrier; Consumer protection; Computer security; Industrial organization; E-commerce,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2579738,http://dx.doi.org/10.2139/ssrn.2579738,,10.2139/ssrn.2579738,95331222,,0,032-117-254-849-89X; 036-818-694-362-548; 092-688-855-462-290; 097-556-807-451-236; 103-469-880-755-13X; 110-978-414-182-687; 123-048-725-986-253; 135-393-709-947-660; 140-899-780-772-540; 152-181-424-434-222; 177-953-689-354-361; 183-531-062-492-370,0,true,,green
129-694-449-578-994,Security Interests in Patents and Patent Applications,2006-04-01,2006,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Pauline Stevens,"There is a question mark in the title of this article because more questions than answers have been encountered in researching the topic. The relative certainty with which owners of furniture, equipment, accounts and most other personal property can obtain credit by granting a security in their property rapidly dissipates when the property in question is intellectual property. Owners of patents and other intellectual property find barriers to obtaining secured credit that are not faced by other property owners because there is a historical gap between the federal law protecting rights of intellectual property owners and state laws addressing secured transactions. The increasing importance of intellectual property to the economy of the United States (patent filings having increased by seventy percent since 1996 2 raises the visibility of this gap and urges consideration of changes in law. This would permit owners of intellectual property access to the same financing opportunities that are available to owners of other personal property. There seems to be no public policy that justifies the current situation.",6,,,,Business; Property (philosophy); Law; Federal law; Personal property; Security interest; Intellectual property; Public property; Property law; Intangible property,,,,,https://tlp.law.pitt.edu/ojs/index.php/tlp/article/download/22/22 https://tlp.law.pitt.edu/ojs/index.php/tlp/article/view/22 https://core.ac.uk/download/234044915.pdf,http://dx.doi.org/10.5195/tlp.2006.22,,10.5195/tlp.2006.22,1969002392,,0,,2,true,cc-by-nc-nd,hybrid
129-796-732-160-291,Technology and Internet Jurisdiction,2005-06-01,2005,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Joel R. Reidenberg,"The current Internet technology creates ambiguity for sovereign territory because network boundaries intersect and transcend national borders. At one level, this technologically-created ambiguity challenges sovereign jurisdiction. Yet, the evolution of the Internet's technological infrastructure is intertwined with sovereign jurisdiction because the relationship between technology and law is dynamic.' As sovereign states grapple with the challenges of existing technologies, they still must protect their citizens in the online environment. The debates over Internet jurisdiction,2 however, mask deep and fundamental objections to state authority. Jurisdiction fits within a broader struggle over the respect for the rule of law in the Information Society. In effect, jurisdiction over activities on the Internet has become one of the main battlegrounds for the struggle to establish the rule of law in the Information Society.3",153,6,1951,,The Internet; Sovereign state; Political science; Sovereignty; Law and economics; State (polity); Rule of law; Jurisdiction; Information society; Legal aspects of computing,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol153/iss6/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1347&context=penn_law_review https://ir.lawnet.fordham.edu/faculty_scholarship/797/ https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1796&context=faculty_scholarship https://core.ac.uk/download/151684656.pdf,http://dx.doi.org/10.2307/4150653,,10.2307/4150653,3125154376,,0,,64,true,,green
130-135-926-975-541,The Law Applicable to the Arbitration Agreement: Towards Transnational Principles,2016-07-08,2016,journal article,International and Comparative Law Quarterly,00205893; 14716895,Cambridge University Press (CUP),United Kingdom,Renato Nazzini,"This article examines the problem of the law governing the validity of the arbitration agreement. The cases of Sulamerica in the English Court of Appeal and of FirstLink in the High Court of Singapore demonstrate that leading arbitration jurisdictions around the world can come to diametrically opposite results. In particular, there are currently diverging views as to whether the law applicable to the arbitration agreement should be the law chosen by the parties to govern their substantive legal relationship or the law of the seat of the arbitration. The issue is unlikely to be settled soon at international level. However, without embracing extreme approaches that purport to determine the validity of the arbitration agreement without reference to any national legal system, a more ‘transnational’ approach should be encouraged. This may emerge, based on three structured principles which would be desirable for international convergence, namely the non-discrimination principle, the estoppel principle and the validation principle. These principles can be developed without conflicting with the conventional conflicts-of-laws approach which was adopted by the English Court of Appeal in Sulamerica.",65,3,681,703,Comparative law; Arbitration; Political science; Law; Agreement; High Court; Appeal; Convergence (relationship); International level; Estoppel,,,,,https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0020589316000233 https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/law-applicable-to-the-arbitration-agreement-towards-transnational-principles/64CEA42CDA20D7BB5BF4FE21D44AB338 https://core.ac.uk/download/45323033.pdf,http://dx.doi.org/10.1017/s0020589316000233,,10.1017/s0020589316000233,3121973855,,0,032-811-965-980-691; 032-913-780-255-618; 045-298-739-004-323; 053-771-733-269-073; 065-926-992-968-548; 145-469-821-632-053,3,true,,green
130-163-797-281-081,Privatising Law Enforcement in Social Networks: A Comparative Model Analysis,,2018,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Katharina Kaesling,"These days, it appears to be common ground that what is; illegal and punishable offline must also be treated as such in; online formats. However, the enforcement of laws in the; field of hate speech and fake news in social networks faces; a number of challenges. Public policy makers increasingly; rely on the regu-lation of user generated online content; through private entities, i.e. through social networks as; intermediaries. With this privat-ization of law enforcement,; state actors hand the delicate bal-ancing of (fundamental); rights concerned off to private entities. Different strategies; complementing traditional law enforcement mechanisms in; Europe will be juxtaposed and analysed with particular; regard to their respective incentive structures and consequential; dangers for the exercise of fundamental rights.; Propositions for a recommendable model honouring both; pri-vate and public responsibilities will be presented.",11,3,151,164,Public policy; Intermediary; Business; Law and economics; State (polity); Common ground; Enforcement; Law enforcement; Incentive; Fundamental rights,,,,,https://www.elevenjournals.com/tijdschrift/ELR/2018/3/ELR_2018_011_003_002 https://repub.eur.nl/pub/115659/ELR_2018_011_003_002.pdf https://www.narcis.nl/publication/RecordID/oai%3Arepub.eur.nl%3A115659 http://www.erasmuslawreview.nl/tijdschrift/ELR/2018/3/ELR_2018_011_003_002 https://www.bjutijdschriften.nl/tijdschrift/ELR/2018/3/ELR_2018_011_003_002 https://repub.eur.nl/pub/115659 http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2018/3/ELR_2018_011_003_002 https://core.ac.uk/download/189914971.pdf,http://dx.doi.org/10.5553/elr.000115,,10.5553/elr.000115,2923309060,,0,,1,true,cc-by-nc-sa,gold
130-334-379-929-715,Regulation for E-payment Systems - Analytical Approaches Beyond Private Ordering,2018-04-12,2018,journal article,Journal of African Law,00218553; 14643731,Cambridge University Press (CUP),United Kingdom,Adekemi Omotubora; Subhajit Basu,"Technology-driven payment instruments and services are facilitating the development of e-commerce; however, security concerns beleaguer their implementation, particularly in developing countries. This article considers the limits of private ordering in the regulation of e-payment systems. It uses Nigeria to exemplify a developing country that is increasingly pushing for the adoption of a regulatory framework for e-payment systems based on private ordering. It argues that, although technical standards and self-regulation by the financial industry are important, law is an essential regulatory mechanism that is largely absent. The article proposes that law be used as a mechanism to set and compel compliance with technical and industry standards, thus building trust, catering to public interest concerns and legitimizing the regulatory process.",62,2,281,313,Public economics; Technical standard; Financial services; Business; Payment; Set (psychology); Public interest; Mechanism (sociology); Industrial organization; Process (engineering); Developing country,,,,,https://works.bepress.com/subhajitbasu/98/ https://eprints.whiterose.ac.uk/120957/ https://www.cambridge.org/core/journals/journal-of-african-law/article/regulation-for-epayment-systems-analytical-approaches-beyond-private-ordering/10C3BF56685C06DB0976FDFE9610E8B2 https://core.ac.uk/download/96766283.pdf,http://dx.doi.org/10.1017/s0021855318000104,,10.1017/s0021855318000104,2766460600,,0,009-342-874-607-338; 013-853-356-358-537; 019-739-760-807-68X; 021-222-923-684-953; 026-921-889-190-507; 030-400-522-092-688; 033-108-021-668-213; 033-955-780-699-683; 045-249-208-269-604; 051-846-724-402-857; 052-004-016-987-546; 055-464-235-742-764; 059-599-630-146-616; 066-622-772-882-412; 075-548-387-844-595; 079-092-361-427-577; 085-810-653-983-621; 097-311-085-949-773; 097-913-299-262-633; 098-772-199-622-232; 100-406-144-342-276; 103-685-460-893-831; 104-916-616-419-346; 137-611-467-508-205; 149-652-640-746-351; 153-636-967-599-829; 169-043-817-913-509; 172-505-594-220-976; 180-324-484-057-394; 190-867-446-280-660; 198-341-013-340-976,4,true,,green
130-577-673-520-669,Perspectives on Choice of Law for Corporate Internal Affairs,,1985,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Deborah A. DeMott,,48,3,161,198,Shareholder; Business; Law and economics; Stakeholder; Corporate law; Choice of law; Corporate governance; Conflict of laws; Corporate group,,,,,https://core.ac.uk/display/62554561 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3808&context=lcp https://scholarship.law.duke.edu/lcp/vol48/iss3/5/ https://core.ac.uk/download/62554561.pdf,http://dx.doi.org/10.2307/1191537,,10.2307/1191537,1532387828,,0,,4,true,,green
130-589-446-840-388,Congressional Factfinding and the Scope of Judicial Review: A Preliminary Analysis,,2001,journal article,Duke Law Journal,00127086,JSTOR,United States,Neal Devins,,50,5,1169,1214,Political science; Law; Scope (project management); Preliminary analysis; Judicial review; Legislature,,,,,https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1381&context=facpubs https://scholarship.law.duke.edu/dlj/vol50/iss5/2/ https://scholarship.law.wm.edu/facpubs/360/ https://core.ac.uk/download/62548952.pdf,http://dx.doi.org/10.2307/1373021,,10.2307/1373021,1513792103,,0,,8,true,,green
130-922-277-600-362,"Federalism, U.S. Style",,2003,journal article,Legal Information Management,14726696; 17412021,Cambridge University Press (CUP),,James S. Heller,The closest thing we in the United States have to what the British and Canadians call devolution is federalism: the sharing of power between the states and the federal government.,3,3-4,162,165,New Federalism; Government; Political science; Devolution; Power (social and political); Style (sociolinguistics); National government; Public administration; Dual federalism; Federalism,,,,,https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1098&context=libpubs https://scholarship.law.wm.edu/libpubs/99/ https://www.cambridge.org/core/journals/legal-information-management/article/federalism-us-style/AD6C19B48A0470717CEE6CBB75AE00C7 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1472669600002061 https://scholarship.law.wm.edu/libpubs/99,http://dx.doi.org/10.1017/s1472669600002061,,10.1017/s1472669600002061,2120540784,,0,,0,true,,
131-108-269-566-440,"Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law",2020-06-26,2020,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Krzysztof Żok,"The undoubted popularity of cloud computing stems in particular from the fact that the provider can simultaneously offer access to his or her computing resources to an almost unlimited number of users located in different countries. Although this feature brings significant benefits to the provider, it also raises serious questions regarding the law governing the contract. The concerns become especially relevant in the case of contracts concluded between a consumer and a professional due to the limits of the choice of law and the special rules protecting consumers. The article analyses the law applicable to cloud computing contracts concluded with consumers. The considerations focus on the special provisions regarding consumer protection. Contrary to some comments, the article claims that the current legal framework is sufficient to determine the applicable law, although this task is not without doubts.",14,1,83,104,Business; Common law; Law; Choice of law; Task (project management); Popularity; Focus (computing); Cloud computing,,,,,https://journals.muni.cz/mujlt/article/view/12777 https://journals.muni.cz/mujlt/article/download/12777/11454 https://core.ac.uk/download/328113280.pdf,http://dx.doi.org/10.5817/mujlt2020-1-4,,10.5817/mujlt2020-1-4,3038673364,,0,014-030-483-765-951; 016-555-742-717-511; 016-795-730-316-916; 030-533-695-793-879; 039-783-980-334-89X; 041-814-201-833-376; 042-936-174-150-693; 048-012-016-193-725; 052-152-063-024-042; 053-189-202-836-573; 060-600-508-752-533; 060-612-343-684-429; 074-985-822-497-348; 106-163-057-462-194; 112-584-814-249-845; 139-634-924-087-341; 140-013-701-415-794; 146-043-224-350-216; 190-593-337-489-582,0,true,,gold
131-624-260-999-654,The Market Participant Doctrine and the Clear Statement Rule,,2005,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,David S. Bogen,"This paper argues that the market participant exception to the dormant commerce clause reflects the same concerns that led to the clear statement doctrine for application of general legislation to the operations of state governments. The genius of the Constitution was to make federal law directly applicable to individuals instead of through state governments - this made enforcement easier and avoided confrontation between the state and nation. Confrontation in which the federal authorities order the state to act in a particular way should be a result of consideration of the need to do so. But the dormant commerce clause by definition applies only when Congress has not acted and thus has not considered the matter. There is no basis to presume that Congress would forbid states from preferring their own citizens in internal operations where federal law must operate directly on the state and thus create a confrontation. However, where states attempt to control behavior by contractual provisions, federal invalidation of the contract provision will not necessarily invoke a confrontation with the state. Thus, the market participant exception is qualified by the concern for downstream regulation.",,,,,Dormant Commerce Clause; Economics; Law; Constitution; Doctrine; State (polity); Federal law; Legislation; Commerce Clause; Market participant,,,,,https://www.ssrn.com/abstract=740384 https://core.ac.uk/display/56360696 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=740384 https://core.ac.uk/download/56360696.pdf,http://dx.doi.org/10.2139/ssrn.740384,,10.2139/ssrn.740384,1599567309,,0,,0,true,,green
132-212-456-461-456,Commanding the commons: Constitutional enforcement and the law of the sea,2012-09-26,2012,journal article,Global Constitutionalism,20453817; 20453825,Cambridge University Press (CUP),,Andrew Jillions,"What role does enforcement play in protecting the constitutional authority of international law? Can enforcement be understood as a specifically constitutional practice? I argue here that international law has a greater capacity for constitutional enforcement than sceptical accounts have tended to acknowledge. This argument is anchored in the institutional account of the authority of law offered by Hart and developed by MacCormick. This focuses on the official or administrative perceptions as the determinant of constitutional legitimacy, which offers a way to offset the scepticisms caused by gaps in the constitutional order. This establishes constitutional enforcement as a practice centred on and legitimated by the attribution of role responsibilities, rather than on the direct application or policing of the rules. I illustrate these arguments using the law of the sea, a domain where the functional difficulties of enforcement have always presented a challenge to international law’s claim to authority.",1,03,429,454,Comparative law; Political science; Public law; United Nations Convention on the Law of the Sea; Law; Enforcement; Legitimacy; Law of the sea; International law; Municipal law,,,,,https://www.cambridge.org/core/journals/global-constitutionalism/article/commanding-the-commons-constitutional-enforcement-and-the-law-of-the-sea/AEC983550496B6917E7886876C833E74 https://eprints.lse.ac.uk/61609/ https://core.ac.uk/download/35434998.pdf,http://dx.doi.org/10.1017/s2045381712000093,,10.1017/s2045381712000093,1982832698,,0,001-039-800-571-122; 003-157-037-956-810; 003-578-265-176-264; 006-556-447-566-185; 012-438-376-293-721; 013-954-904-982-369; 018-802-136-512-821; 019-635-905-167-34X; 026-005-556-807-691; 026-577-985-684-363; 027-206-412-549-838; 027-588-181-002-419; 032-825-468-227-428; 040-528-653-749-307; 041-873-096-823-87X; 045-224-494-167-623; 047-667-970-449-150; 048-436-126-706-228; 048-987-577-110-15X; 050-365-940-383-263; 055-997-090-274-542; 058-606-376-908-000; 058-932-585-537-772; 061-453-006-799-349; 063-377-514-845-04X; 067-851-463-847-010; 069-617-498-750-224; 069-784-230-988-192; 077-546-002-877-69X; 078-506-097-089-775; 078-820-777-908-75X; 081-602-765-196-954; 089-572-702-832-761; 093-999-714-302-044; 094-274-912-859-431; 096-487-809-093-273; 104-523-540-461-021; 105-328-061-047-686; 109-008-588-859-472; 116-213-181-958-424; 118-493-614-029-017; 121-444-717-017-980; 124-967-106-424-036; 135-476-566-289-51X; 136-504-723-974-601; 138-390-218-930-173; 144-182-851-704-56X; 146-684-060-707-134; 147-767-732-699-721; 160-778-757-487-594; 168-404-940-361-871; 178-859-776-785-747; 179-650-560-389-568; 184-151-703-715-389,4,true,,green
132-268-607-009-284,Experience of prevention e-commercial fraud in the USA,2022-03-24,2022,journal article,Uzhhorod National University Herald. Series: Law,26646153; 23073322,Uzhhorod National University,,I. Konovalova,"<jats:p>The article analyzes the prevention of electronic trade and commercial fraud in the United States of America. It is noted that the scientific area of research of modern fraud requires constant empirical updating and theoretical understanding in the field of Crivinology and Victimology, in particular, in the area of fraud research in the sphere of electronic commerce and trade.&#x0D;; The basis of the scientific Crimean-logical analysis was a complex combination of philosophical (in particular, dialectic), general scientific (synthesis, analysis, indouction, and generalization) and special-scientific methods.&#x0D;; For the purpose of this work, in particular, the peculiarities of prevention of electronic trade and commercial fraud in the USA are justified, namely: 1) the rules of special laws on prevention of online fraud in the sphere of electronic commerce and trade are described; 2) the subjects which carry out work on prevention of this type of criminal offense are defined; and 3) considered the latest technologies used in this field. Special attention is paid to the formal-established rules of protection of online shops of the USA from various kinds of threats of fraud, which are aimed at reducing their risk in the sphere of electronic trade and considered important tools of detection and prevention of fraud.&#x0D;; The conclusions set out universal mechanisms for effective prevention of criminal offenses in this sphere, the elaboration of which will further develop conceptual measures of state policy on counteraction to fraud; and create a program of action for law enforcement bodies.</jats:p>",,68,220,224,Law enforcement; Crime prevention; Dialectic; Business; Enforcement; Political science; Computer security; Public relations; Law and economics; Computer science; Law; Sociology; Philosophy; Epistemology,,,,,,http://dx.doi.org/10.24144/2307-3322.2021.68.38,,10.24144/2307-3322.2021.68.38,,,0,,0,true,,gold
132-400-687-276-248,Restoring the lost anti-injunction act,2017-12-01,2017,journal article,Virginia Law Review,00426601,,,Kristin E. Hickman; Gerald Kerska,"Should Treasury regulations and IRS guidance documents be eligible for pre-enforcement judicial review? The D.C. Circuit’s 2015 decision in Florida Bankers Association v. Treasury puts its interpretation of the Anti-Injunction Act at odds with both general administrative law norms in favor of pre-enforcement review of final agency action and also the Supreme Court’s interpretation of the nearly identical Tax Injunction Act. A 2017 federal district court decision in Chamber of Commerce v. Internal Revenue Service, appealable to the Fifth Circuit, interprets the Anti-Injunction Act differently and could lead to a circuit split regarding pre-enforcement judicial review of Treasury regulations and IRS guidance documents. Cases interpreting the Anti-Injunction Act in general are fragmented and inconsistent. In an effort to gain greater understanding of the Anti-Injunction Act and its role in tax administration, this Article looks back to the Anti-Injunction Act’s origin in 1867 as part of Civil War-era revenue legislation and the evolution of both tax administrative practices and Anti-Injunction Act jurisprudence since that time.",103,8,1683,1767,Agency (philosophy); Business; Revenue; Law; Legislation; Supreme court; Treasury; Judicial review; Administrative law; Jurisprudence,,,,,https://experts.umn.edu/en/publications/restoring-the-lost-anti-injunction-act,https://experts.umn.edu/en/publications/restoring-the-lost-anti-injunction-act,,,3125428077,,0,,0,false,,
132-401-596-379-190,The Proxy Rules: A Case Study in the Administrative Process,,1964,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Robert B. von Mehren; John C. McCarroll,,29,3,728,748,Process management; Proxy (statistics); Computer science,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3021&context=lcp https://scholarship.law.duke.edu/lcp/vol29/iss3/5/ https://core.ac.uk/display/62556310 https://core.ac.uk/download/62556310.pdf,http://dx.doi.org/10.2307/1190555,,10.2307/1190555,1503884791,,0,,0,true,,green
132-651-931-722-630,POLICY MODEL FOR THE USE OF ELECTRONIC DOCUMENTS AS A PROOF TOOL IN CRIMINAL ACTION  AFTER THE APPLICATION OF LAW NO 19 OF 2016,2018-11-30,2018,journal article,UNTAG Law Review,25494910; 25795279,Fakultas Hukum UNTAG Semarang,,Muhammad Afied Hambali,"<jats:p>&lt;p&gt;This paper aims to analyze the policy model of the use of electronic documents as evidence in criminal acts based on Law No. 19 of 2016. The development of information technology has significantly transformed the conventional socialization system into a digital system. This affects the emergence of new legal actions in a community. The form of the new legal action needs to be adjusted and harmonized with existing legislation, such as the use of electronic documents as evidence that will be used as a means of verification in court. Based on the analysis it was revealed that Law No. 19 of 2016 as a legal umbrella for regulating criminal acts in cyberspace is still experiencing many obstacles, therefore it must be harmonized with the relevant criminal law because if it is different then it will cause legal imbalance so that it will increasingly make it difficult for law enforcers to enforce the law.&lt;/p&gt;</jats:p>",2,2,118,118,Cyberspace; Action (physics); Criminal law; Legislation; Law; Political science; Socialization; Computer science,,,,,https://core.ac.uk/download/249338661.pdf,http://dx.doi.org/10.36356/ulrev.v2i2.919,,10.36356/ulrev.v2i2.919,,,0,,0,true,cc-by-nc,hybrid
132-849-403-490-817,Webb-Pomerene vs. Foreign Economic Policy,,1951,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Donald M. Collins,,99,8,1195,,Economic policy; Economics,,,,,https://core.ac.uk/display/151693847 https://core.ac.uk/download/151693847.pdf,http://dx.doi.org/10.2307/3309839,,10.2307/3309839,2796956245,,0,,0,true,,
133-153-464-235-896,BRAND LOYALTY & LOYALTY OF BRANDS: A SYMBIOTIC RELATIONSHIP,2014-07-18,2014,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Amir H. Khoury,"Brand loyalty has become a truism in trademark discourse. Consumers tend to formulate their purchasing decisions by the power of consumption-momentum. That is to say they buy what they have already bought in the past and opt for the brands that they have already had a positive experience with. Experienced consumers manifest devotion to their preferred brands. This is the essence of Brand Loyalty. But should this Brand Loyalty be reciprocated by the brand owner? Is there such loyalty by the brand towards the consumer? Should the brand owner sustain the quality of products covered by his brand? Even more so, should he maintain any other defining attribute of the product (or service) marketed under his brand? And are such demands from the brand owner still of relevance in an age of expanding outsourcing? This paper explains why all of these questions should be answered in the affirmative. This paper argues that just as there is Brand Loyalty, there is (or, at least, there should be) Loyalty of the Brand. My assertion is that Loyalty of the Brand constitutes a morally sound concept which is inherently compatible with the general philosophy underlying trademarks and brands, and which rests firmly on numerous legally accepted disciplines and doctrines that form the backbone of commercial-contractual law. Loyalty of the Brand, thus, constitutes the counterbalance to Brand Loyalty, and should exist on par; not only as a legal phenomenon but as a practical one as well. It is, in the context of brand-consumer relationship, the other side of the same coin.",32,2,173,206,Advertising; Business; Brand awareness; Marketing; Brand equity; Loyalty; Trademark; Brand loyalty; Product (business); Brand management; Brand extension,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/65/70 https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/65 https://core.ac.uk/download/pdf/296521693.pdf,http://dx.doi.org/10.5195/jlc.2014.65,,10.5195/jlc.2014.65,2045549333,,0,,0,true,cc-by-nc-nd,gold
133-578-098-438-856,Market Definition and Market Power in Data: The Case of Online Platforms,,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Inge Graef,"With the emergence of data as an asset for market players operating in the digital economy, questions have risen about the relevance of data for competition enforcement. This article focuses on the role of data in the competitive process between online platforms including search engines, social networks and e-commerce platforms. After arguing that situations can be identified in which access to data is a competitive advantage for incumbents and an entry barrier for new entrants, it is analyzed how a relevant market for data can be defined and how market power can be established in such a market. Most providers of online platforms do not trade data as a stand-alone product as a result of which no supply and demand exists and no relevant product market for data can be defined under current competition law standards. However, it may still be appropriate for competition authorities in this situation to assess proposed concentrations and alleged abusive behaviour of dominant firms beyond the relevant markets for the services provided to users and advertisers. By defining a wider market for data, a form of potential competition can be taken into account whereby market players also compete for the asset that is used as an input to develop or improve services offered on online platforms.",,,,,Nonmarket forces; Market saturation; Economics; Marketing; Market analysis; Order (exchange); Factor market; Market power; Relevant market; Industrial organization; Barriers to entry,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2833207_code1706004.pdf?abstractid=2657732&mirid=1 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2657732 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2833207_code1706004.pdf?abstractid=2657732&mirid=2 https://www.ssrn.com/abstract=2657732 https://core.ac.uk/display/34647211 https://core.ac.uk/download/pdf/34647211.pdf,http://dx.doi.org/10.2139/ssrn.2657732,,10.2139/ssrn.2657732,2173497321,,0,011-975-970-861-792; 111-013-443-724-612,15,true,,green
134-065-826-741-603,A Tale of Two Sovereigns: Federal and State Use and Regulation of Unmanned Aircraft Systems,,2017,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Laura K. Donohue,"Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and land within their bounds, before turning to the limits of federal interstate commerce authorities. With river navigation and aviation serving as the forerunners of federal power, the chapter distinguishes the types of questions that accompany UAS, arguing that it is in relation to adjacent airspace and noneconomic activities where the federal government is at its weakest in any effort to regulate the states. Up to 500 ft above the ground, states have sovereignty, with authority over roads, land, and waterways. Within this domain, federal Commerce Clause powers only occupy a narrow area, leaving state police powers the dominant framework for UAS. The chapter concludes by highlighting the advantages of having states take the lead for UAS, focusing on the risk to rights of allowing the federal government to move into this realm and underscoring the importance in the role of the states as incubators of innovation.",,,,,Political science; Sovereignty; Law and economics; Law; Concurrent powers; State (polity); Jurisdiction; Commerce Clause; State police; Law enforcement; Federalism,,,,,https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3123123_code238438.pdf?abstractid=2943018&mirid=1 https://www.ssrn.com/abstract=2943018 https://scholarship.law.georgetown.edu/facpub/1967/ https://core.ac.uk/display/80501567 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2943018 https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2985&context=facpub https://core.ac.uk/download/80501567.pdf,http://dx.doi.org/10.2139/ssrn.2943018,,10.2139/ssrn.2943018,2599033630,,0,000-222-475-623-02X; 000-293-002-264-125; 001-240-678-316-80X; 002-664-914-393-838; 003-086-532-560-439; 006-205-410-147-353; 007-508-774-292-900; 008-521-491-283-038; 009-864-694-121-03X; 016-881-033-422-343; 016-888-317-750-420; 017-849-031-998-337; 018-269-626-553-594; 019-262-809-980-892; 024-442-179-006-778; 025-236-969-248-797; 026-191-697-653-974; 029-805-576-437-645; 030-410-768-122-284; 033-051-595-311-796; 033-567-734-258-356; 035-772-067-125-343; 040-382-094-248-012; 041-116-730-217-968; 041-996-789-490-158; 046-628-901-499-340; 046-990-078-927-645; 047-106-174-594-656; 049-371-269-477-92X; 050-548-689-580-508; 056-294-743-104-838; 056-326-603-375-357; 059-418-246-617-860; 062-987-106-887-285; 064-279-447-619-890; 064-497-873-738-978; 065-541-539-908-021; 066-776-096-443-570; 075-102-028-646-072; 077-207-673-639-688; 077-942-808-352-512; 078-332-838-821-517; 080-100-909-728-336; 080-812-711-347-840; 083-065-229-913-149; 083-577-538-775-412; 084-358-670-641-266; 086-164-648-011-126; 087-918-999-121-727; 091-896-444-087-713; 092-492-598-210-628; 097-105-020-568-219; 100-269-098-359-668; 100-992-562-350-011; 101-583-208-744-99X; 103-014-833-043-200; 103-193-889-118-167; 104-945-811-301-776; 109-179-315-891-65X; 110-236-366-180-122; 111-030-430-862-615; 112-620-963-906-082; 116-603-555-431-875; 139-297-068-943-963; 139-308-414-525-790; 140-638-319-117-462; 149-670-873-046-689; 151-333-421-879-828; 152-326-535-975-413; 153-843-200-164-987; 162-599-071-500-108; 163-114-552-842-916; 174-358-357-647-680; 181-469-917-119-655; 182-999-216-249-056; 184-193-692-300-895; 187-043-564-370-261; 187-408-468-695-794; 189-873-915-095-966; 191-374-897-279-571; 193-347-645-976-273,1,true,,green
134-448-071-892-232,International E-Discovery: Navigating the Maze,2008-04-01,2008,journal article,Pittsburgh Journal of Technology Law and Policy,2164800x,"University Library System, University of Pittsburgh",,Erica M. Davila,"<jats:p>Globalization and the growing mountain of electronically stored information (""ESI"") will inevitably lead to an increase in discovery requests for ESI located abroad. But no consistent methodology exists for United States courts to evaluate whether discovery of ESI abroad is appropriate, and if so, what the consequences are for failure to comply with a discovery order. As international commerce depends on ""the ability of merchants to predict the likely consequences of their conduct in overseas markets,""1 United States courts need to apply a consistent standard to decisions involving the discovery of international ESI. This paper reviews existing law related to international discovery and electronic discovery (""e-discovery"") and proposes a blended approach to be considered by courts to evaluate discovery of international ESI.</jats:p>",8,,,,Price discovery; Order (exchange); Globalization; Business; Data discovery; Scientific discovery; International trade; Computer science; Data science; Law and economics; Political science; World Wide Web; Economics; Law; Finance; Psychology; Cognitive science; Metadata; Futures contract,,,,,https://core.ac.uk/download/270175673.pdf,http://dx.doi.org/10.5195/tlp.2008.37,,10.5195/tlp.2008.37,,,0,,0,true,cc-by-nc-nd,hybrid
134-996-083-545-809,The Small Firm Exemption and the Single Employer Doctrine in Employment Discrimination Law,,2006,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Richard R. Carlson,"The small firm exemption is a provision of Title VII and the other major federal employment discrimination laws that exempts very small firms from coverage as ""employers."" Under the Title VII version of the exemption, for example, an employer is exempt as long as it employs no more than fourteen employees. However, a small firm might be affiliated or integrated with other firms, which collectively employ more than the number of employees required for coverage. The single employer doctrine is a rule for treating affiliated but separately organized firms as if they were one employer, for purposes of meeting the statutory threshold for coverage. Lately, a number of critics lead by Judge Posner have questioned the doctrine's place in discrimination law. The critics charge that the collective bargaining cases in which the doctrine first evolved are not valid precedents for the doctrine's use as a rule of coverage in discrimination cases, and that the doctrine defeats the purposes of the small firm exemption. Judge Posner and other critics would treat affiliated but separately organized firms as a single employer only if it would be appropriate to pierce the corporate veil or hold the firms jointly liable under traditional rules of corporate law. In this article I explore the origins of the single employer doctrine and its vivid presence in the background of the Congressional debates leading to the small firm exemption. I also find support for the doctrine in the text of Title VII, and I show that the doctrine is not only consistent with the purpose of the small firm exemption but is necessary to fully achieve the exemption's purpose.",,,,,Statutory law; Economics; Law; Corporate law; Doctrine; Collective bargaining; Employment discrimination; Small firm,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=900364 https://ssrn.com/abstract=900364 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID901645_code332408.pdf?abstractid=900364&mirid=1 https://core.ac.uk/download/76622249.pdf,http://dx.doi.org/10.2139/ssrn.900364,,10.2139/ssrn.900364,1590454508,,0,004-547-207-460-202; 005-537-317-149-172; 011-174-461-935-220; 075-479-289-180-418; 078-297-695-654-73X; 081-011-032-823-784; 091-788-085-752-217; 111-243-466-087-998; 123-294-567-313-590; 126-447-642-716-933; 142-974-695-256-680; 191-789-141-417-529,1,true,,green
135-172-277-698-867,Using the West Key Number System as a Data Collection and Coding Device for Empirica Legal Scholsarship: Demonstrating the Method Via a Study of Contract Interpretation,2016-06-28,2016,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Joshua M. Silverstein,<jats:p>N/A</jats:p>,34,2,,,Empirical research; Data collection; Coding (social sciences); Key (cryptography); Information retrieval; Computer science; Interpretation (philosophy),,,,,https://lawrepository.ualr.edu/cgi/viewcontent.cgi?article=1141&context=faculty_scholarship http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/103 https://lawrepository.ualr.edu/faculty_scholarship/141/ https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/103/97 https://core.ac.uk/download/pdf/296521722.pdf,http://dx.doi.org/10.5195/jlc.2016.103,,10.5195/jlc.2016.103,3122803060,,0,,1,true,cc-by-nc-nd,gold
135-399-819-490-70X,Integrative advertising : the marketing 'dark side' or merely the emperor's new clothes?,2017-03-04,2017,journal article,European journal of law and technology,2042115x,,,Damian Clifford; Valerie Verdoodt,"This paper assesses the move towards more 'integrative advertising' methods which rely on the mixing of commercial and non-commercial content, and the suitability of the current EU legislative framework to deal with such developments. In essence, the paper examines the 'identification' and 'transparency' principles in the context of online advertising. This analysis allows for the drawing of conclusions vis-a-vis future policy initiatives and enforcement challenges. The paper states that for true advertising literacy mere identification of commercial communications is insufficient and that efforts need to be made in order to educate consumers (especially children) to allow for the continuing relevance and reliance on the notion of the average consumer. Keywords: Advertising; consumer protection; AVMS; e-Commerce; data protection",8,1,1,43,Advertising; Advertising research; Business; Marketing; Advertising account executive; Context (language use); Transparency (behavior); Consumer protection; Online advertising; Native advertising; Data Protection Act 1998,,,,,http://ejlt.org/article/view/547/0 https://dblp.uni-trier.de/db/journals/jilt/jilt8.html#CliffordV17 http://ejlt.org/article/view/547/729 https://ejlt.org/index.php/ejlt/article/view/547 https://biblio.ugent.be/publication/8517624,https://dblp.uni-trier.de/db/journals/jilt/jilt8.html#CliffordV17,,,2600293682,,0,,0,false,,
135-464-298-886-52X,Recent Criticism of the Federal Judiciary,,1895,journal article,The American Law Register and Review,15583538,JSTOR,,William H. Taft,,43,9,576,,Political science; Law; Criticism,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol43/iss9/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5392&context=penn_law_review https://core.ac.uk/download/151687996.pdf,http://dx.doi.org/10.2307/3305962,,10.2307/3305962,855319649,,0,,1,true,,green
135-580-068-608-258,Big data analytics in E-commerce: a systematic review and agenda for future research,2016-03-16,2016,journal article,Electronic Markets,10196781; 14228890,Springer Science and Business Media LLC,Germany,Shahriar Akter; Samuel Fosso Wamba,"There has been an increasing emphasis on big data analytics (BDA) in e-commerce in recent years. However, it remains poorly-explored as a concept, which obstructs its theoretical and practical development. This position paper explores BDA in e-commerce by drawing on a systematic review of the literature. The paper presents an interpretive framework that explores the definitional aspects, distinctive characteristics, types, business value and challenges of BDA in the e-commerce landscape. The paper also triggers broader discussions regarding future research challenges and opportunities in theory and practice. Overall, the findings of the study synthesize diverse BDA concepts (e.g., definition of big data, types, nature, business value and relevant theories) that provide deeper insights along the cross-cutting analytics applications in e-commerce.",26,2,173,194,Engineering; Business value; Data science; Business intelligence; Business analytics; Cultural analytics; Big data; E-commerce; Position paper; Analytics,,,,,https://core.ac.uk/display/45472369 https://dblp.uni-trier.de/db/journals/electronicmarkets/electronicmarkets26.html#AkterW16 https://dx.doi.org/10.1007/s12525-016-0219-0 https://ideas.repec.org/a/spr/elmark/v26y2016i2d10.1007_s12525-016-0219-0.html http://dx.doi.org/10.1007/s12525-016-0219-0 https://doi.org/10.1007/s12525-016-0219-0 https://link.springer.com/content/pdf/10.1007%2Fs12525-016-0219-0.pdf https://ro.uow.edu.au/buspapers/886/ https://link.springer.com/article/10.1007/s12525-016-0219-0/fulltext.html https://ro.uow.edu.au/cgi/viewcontent.cgi?article=1890&context=buspapers https://EconPapers.repec.org/RePEc:spr:elmark:v:26:y:2016:i:2:d:10.1007_s12525-016-0219-0 https://rd.springer.com/article/10.1007/s12525-016-0219-0 https://link.springer.com/article/10.1007/s12525-016-0219-0 https://www.mendeley.com/catalogue/206c4329-dc26-34c3-a467-faf362368d73/ https://core.ac.uk/download/45472369.pdf,http://dx.doi.org/10.1007/s12525-016-0219-0,,10.1007/s12525-016-0219-0,2304640842,,5,000-436-215-310-40X; 002-435-109-940-457; 002-959-181-325-747; 005-064-192-782-611; 005-269-136-709-734; 005-292-370-759-68X; 007-531-914-968-622; 008-086-855-035-534; 009-399-911-901-403; 009-619-508-962-38X; 011-037-103-251-805; 011-178-969-064-057; 011-235-522-335-736; 013-853-253-052-99X; 015-358-508-213-172; 016-220-259-667-003; 016-303-567-431-004; 016-594-987-385-596; 017-377-654-637-682; 018-397-483-089-179; 019-267-753-380-988; 019-817-022-941-669; 020-143-358-182-587; 021-452-048-275-96X; 022-380-596-265-048; 022-937-533-240-72X; 023-161-206-593-57X; 024-772-216-361-915; 025-076-164-926-685; 026-229-299-740-416; 028-688-798-823-342; 029-674-747-147-662; 030-001-129-268-335; 030-355-216-281-237; 031-544-661-480-41X; 032-637-445-493-370; 034-397-045-624-944; 034-526-063-422-754; 034-787-771-267-535; 035-569-700-415-175; 037-067-667-024-342; 037-638-986-689-241; 041-229-641-812-950; 041-903-795-030-355; 043-564-691-944-290; 044-558-681-952-727; 045-360-249-006-267; 047-721-252-258-506; 053-383-109-588-631; 054-020-455-119-401; 056-097-533-713-587; 056-438-460-154-675; 059-369-018-123-166; 059-502-333-665-846; 060-183-264-378-228; 061-807-982-886-306; 064-652-728-880-30X; 067-989-251-148-228; 067-999-701-882-26X; 069-259-438-012-556; 069-895-469-174-635; 070-225-306-502-262; 070-856-262-579-620; 076-311-855-101-196; 076-582-158-570-688; 079-992-894-527-494; 080-152-081-107-875; 085-079-682-162-603; 085-234-343-395-979; 087-950-186-762-260; 087-975-655-357-112; 088-789-558-247-162; 089-621-912-811-772; 090-894-877-363-538; 097-926-220-823-091; 099-595-691-996-983; 100-090-324-092-325; 100-216-360-699-950; 102-747-013-366-110; 104-433-476-117-816; 105-486-410-107-207; 106-518-329-252-175; 106-683-442-461-824; 110-164-696-790-513; 114-276-180-925-968; 114-388-335-967-772; 114-930-813-936-805; 115-248-294-769-594; 115-272-268-950-162; 116-260-916-410-77X; 118-326-264-272-333; 118-880-665-129-472; 119-195-687-569-293; 119-397-843-207-581; 120-423-954-150-92X; 124-281-464-831-487; 124-940-032-827-130; 125-536-738-333-10X; 125-966-302-431-518; 129-676-731-479-667; 130-435-442-666-536; 132-851-588-697-429; 143-314-247-223-351; 149-975-441-481-318; 151-442-789-438-679; 156-219-242-807-530; 160-564-764-251-973; 165-899-997-901-507; 172-241-950-093-322; 173-167-045-491-578; 173-479-478-900-317; 174-992-222-128-451; 177-155-772-452-96X; 178-643-297-115-591; 179-608-372-698-452; 181-755-328-182-709; 183-478-832-005-680; 187-179-505-295-807; 194-176-472-098-806; 196-368-784-478-807; 199-251-911-328-79X,360,true,cc-by,hybrid
135-849-979-941-181,Secured Credit and Bankruptcy: A Call for the Federalization of Personal Property Security Law,,1987,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,David M. Phillips,"We frequently assume that a state of affairs as we find or experience itwhether that state of affairs be cultural, institutional, or personal-both is, and should be, the norm. This ""objectivization"" arguably functions to facilitate acceptance of our environment, but it also makes critical assessment difficult and change often beyond contemplation. To what degree does this egocentric phenomenon operate in law, and more specifically among legal scholars? It might be thought to operate little, for legal scholars seem constantly to be engaged in an inquiry into what the law should be. But even those who participate in that inquiry frequently start with fundamental assumptions about the status of law that go unchallenged as other policy issues are confronted. And if the assumption relates to the supposed form of the law, as opposed to its content, there seems to be a lesser tendency to recognize and correct anomaly. The stranger to our legal system does not share this perceptual problem, as he has not yet adapted to this legal environment in which we write and teach.",50,2,53,88,Political science; Contemplation; Law; Perception; State of affairs; Personal property; Investment analysis; Critical assessment; Phenomenon; Bankruptcy,,,,,https://core.ac.uk/display/62554456 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3895&context=lcp https://scholarship.law.duke.edu/lcp/vol50/iss2/3/ https://www.jstor.org/stable/1191496 https://core.ac.uk/download/62554456.pdf,http://dx.doi.org/10.2307/1191496,,10.2307/1191496,1495966207,,0,,0,true,,green
135-908-689-197-574,Choice-of-court Agreements in the E-commerce International Contracts,2017-06-30,2017,journal article,Masaryk University Journal of Law and Technology,18025951; 18025943,Masaryk University Press,Czech Republic,Anabela Susana de Sousa Gonçalves,"The choice-of-court agreements are a common practice in the e commerce international contracts. In the European Union, the  choice-of-courts agreements find their legal framework in Article 25 of Regulation No. 1215/2012 of the European Parliament and of the Council, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis). The purpose of this paper is to analyse the current legal framework, in the European Union, of the jurisdiction agreements in international contracts concluded in e commerce, comparing it to the previous one, and taking into consideration the interpretative options of the European Union Court of Justice (ECJ).",11,1,63,76,Business; Law; Parliament; E-commerce,,,,,https://journals.muni.cz/mujlt/article/viewFile/6288/6387 https://journals.muni.cz/mujlt/article/view/6288 https://www.ceeol.com/search/article-detail?id=892370 https://core.ac.uk/download/230601623.pdf,http://dx.doi.org/10.5817/mujlt2017-1-4,,10.5817/mujlt2017-1-4,2728821351,,0,042-281-189-536-076; 051-596-736-672-10X; 057-834-552-218-155; 093-493-919-711-636; 114-842-472-505-037; 165-665-327-110-229; 174-082-816-336-431,2,true,,gold
135-968-518-443-78X,Looking above and beyond the blunt expectation: specified request as the recommended approach to intermediary liability in cyberspace,2016-12-29,2016,journal article,European journal of law and technology,2042115x,,,Krzysztof Garstka,"Following the publication of the Digital Single Market agenda, it became clear that establishing the place of online intermediaries in the regulatory framework for combating illicit content on the Internet remains one of the key challenges for European regulators. This article looks at the landscape of corresponding enforcement strategies within the European Union and unravels two competing conceptual approaches in relation to the role of online intermediaries. The first one, characterised as ""blunt expectation"" is based on exploiting the intermediaries' fear of liability for the actions of their users, in order to have the former take unspecified actions towards the infringements, or refrain from conducting their services altogether. The second approach, labelled as ""specified request"", is based on requiring the intermediaries to implement specific procedures or elements of infrastructure, with the liability arising not from the infringements of the users, but from the lack of compliance with the stipulated requirements. After comparing the merits and demerits of both approaches, the author puts forward an argument in support of greater reliance on the specified request approach, and elucidates the challenging, yet worthwhile path to its implementation within the EU. Keywords:  Intermediary liability; content liability; EU law; information technology law; copyright; trademarks; privacy; defamation; E-Commerce Directive; human rights",7,3,,,Intermediary; Business; Law and economics; Law; Liability; Directive; Enforcement; Cyberspace; European union; Strict liability; Legal aspects of computing,,,,,https://dblp.uni-trier.de/db/journals/jilt/jilt7.html#Garstka16 https://ejlt.org/index.php/ejlt/article/view/454 http://ejlt.org/article/download/454/696,https://dblp.uni-trier.de/db/journals/jilt/jilt7.html#Garstka16,,,2562807560,,0,,1,false,,
136-025-341-444-754,Potential Impairment of Competition-The Impact of Standard Oil Co. of California v. United States on the Standard of Legality Under the Clayton Act,,1949,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Louis B. Schwartz,"Monopoly survived the bite of the Sherman Act of 1890 in part because the courts held that the prohibition of ""restraint of trade"" covered only ""unreasonable"" restraints, and further that a restraint was not unreasonable if imposed for recognized business purposes and without obviously bad economic consequences. The Clayton Act of 1914 was supposed to put teeth in the old Sherman Act gums by specifically naming and prohibiting the worst restraints: price discrimination, exclusive dealing, and mergers of competing companies through acquisition of stock control. The defenders of the status quo succeeded in writing into the Clayton Act a limitation to cases",98,1,10,,Price discrimination; Business; Law and economics; Law; Status quo; Restraint of trade; Exclusive dealing; Competition (economics); Monopoly; Economic consequences; Principle of legality,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol98/iss1/4/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8227&context=penn_law_review https://core.ac.uk/display/151693870 https://www.jstor.org/stable/3309380 https://core.ac.uk/download/151693870.pdf,http://dx.doi.org/10.2307/3309380,,10.2307/3309380,775661583,,0,,1,true,,green
136-283-698-424-782,"STRUCTURE AND PROCESS, POLITICS AND POLICY: ADMINISTRATIVE ARRANGEMENTS AND THE POLITICAL CONTROL OF AGENCIES",,1989,journal article,Virginia Law Review,00426601,JSTOR,United States,Matthew D. McCubbins; Roger G. Noll; Barry R. Weingast,,75,2,431,482,Political science; Structure (mathematical logic); Administrative services organization; Control (management); Legislation; Public administration; Process (engineering); Administrative law; Politics,,,,,https://core.ac.uk/display/62564367 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=5950&context=faculty_scholarship http://dx.doi.org/10.2307/1073179 https://scholarship.law.duke.edu/faculty_scholarship/3298/ https://dx.doi.org/10.2307/1073179 https://www.sid.ir/En/Journal/ViewPaper.aspx?ID=286688 https://core.ac.uk/download/62564367.pdf,http://dx.doi.org/10.2307/1073179,,10.2307/1073179,1595964953,,0,,1078,true,,green
136-284-875-438-814,“Measuring the Immeasurable”—the Effects of Trademark Regimes: a Case Study of Arab Countries,2008-05-01,2008,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Amir H. Khoury,"When the law sets out rules and standards it also sets in motion a complex set of mechanisms that determine how the law is implemented and how it functions. Thus, the “law in books” and the “law in action” are, in more ways than one, distinct creatures, separated at birth, leading separate lives. Trademark law is no exception. This research introduces, through data analysis, a method for measuring and assessing the effects of trademark law on countries. In constructing this model I have focused on four Arab countries. However, the model itself is applicable to all countries. Indeed, the comparative data that is presented in this research relates to various countries around the world.",26,1 & 2,,,Motion (physics); Set (psychology); Political science; Law; Law in action; Trademark; Creatures,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/23/23 https://core.ac.uk/display/25745903 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/23 https://core.ac.uk/download/pdf/296521720.pdf,http://dx.doi.org/10.5195/jlc.2008.23,,10.5195/jlc.2008.23,1984416915,,0,,2,true,cc-by-nc-nd,hybrid
136-381-214-005-338,Combating Unregulated Fishing through Unilateral Trade Measures: A Time for Change in International Fisheries Law?,2018-11-15,2018,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Osvaldo Urrutia,<jats:p>Unregulated fishing on the high seas – understood as fishing activities by vessels flagged to a non-member state in an area regulated by a regional fisheries management organisation – are a significant threat to the sustainability of high seas fishery resources. The European Union (EU) and the United States – two major market destinations for fishery products – have shown a strong determination to treat unregulated fishing as illegal fishing. They have applied or threatened to apply trade restrictions to states that have no treaty obligations to refrain from fishing on the high seas. These actions are conspicuous because the practical effect of these unilateral measures entails a challenge to the fundamental pacta tertiis rule. This article suggests that the application of unilateral trade-related measures by the EU and the United States against non-member states represents relevant state practice for the formation of a prohibition against unregulated fishing in customary international law. </jats:p>,49,4,671,,Business; Natural resource economics; Fisheries law; Fishing,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/5346/4788 https://core.ac.uk/download/pdf/229717857.pdf,http://dx.doi.org/10.26686/vuwlr.v49i4.5346,,10.26686/vuwlr.v49i4.5346,2951278987,,0,,1,true,,bronze
136-788-741-215-649,Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?,,2013,journal article,Federal Law Review,0067205x; 14446928,SAGE Publications,,Benjamin Hayward,"<jats:p> International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk. </jats:p>",41,2,299,331,Arbitration; Jurisdiction; Appeal; Political science; Compulsory arbitration; Law; Context (archaeology); International arbitration; Project commissioning; Competence (human resources); Federal Arbitration Act; Legislature; Judicial review; Publishing; Economics; Management; Paleontology; Biology,,,,,http://hdl.handle.net/10536/DRO/DU:30057990,http://dx.doi.org/10.22145/flr.41.2.4,,10.22145/flr.41.2.4,,,0,,0,true,,green
137-049-729-176-816,Federalism and Uniformity of Laws: The Canadian Experience,,1965,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,E. E. Palmer,"Diversity of legislation is inevitable in a federal state, the degree of this diversity depending in large part on various economic and societal factors such as the political and cultural homogeneity of the population, patterns of trade, and the like. The diversive effect of these factors cannot be nullified but only ameliorated by legal institutions and practices. Unfortunately, few federations have more pressures against uniformity than Canada. Two major cultures, the English and the French, each with different religions and systems of law, oppose each other;' geography divides the country into five major areas, each with different and often competing economies;2 and political philosophies from Socialism on the left to Social Credit on the far right have all achieved popular acceptance at one time or another. Thus, the Canadian experience in striving for uniformity in law has special relevance to the present symposium. This paper will attempt to outline the history of these efforts in the areas of division of legislative competence, enactment of legislation, and the role of the courts in obtaining uniformity.",30,2,250,269,Law; Legislation; Population; Societal Factors; Far right; Federal state; Federalism; Legislature; Politics,,,,,https://www.jstor.org/stable/1190514 https://core.ac.uk/display/62556225 https://scholarship.law.duke.edu/lcp/vol30/iss2/3/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3055&context=lcp https://core.ac.uk/download/62556225.pdf,http://dx.doi.org/10.2307/1190514,,10.2307/1190514,1516849207,,0,,6,true,,green
137-131-363-451-555,Aspek Yuridis Jual Beli Surat Keterangan Sakit melalui E-Commerce,2020-06-03,2020,journal article,Jurnal Ilmiah Penegakan Hukum,2622061x; 2355987x,Universitas Medan Area,,Dinda Dinanti; Muthia Sakti,"In Indonesia, the development of services to produce fake documents that are in demand are sought after by the general public. One of them is buying and selling fake sick letters. At the research stage, the objective is to find out the responsibility of the perpetrators of the crime and efforts to counter the falsification of the sick letters which are traded through e-commerce. The juridical normative approach method emphasizes norms or rules so that the problem will be reviewed and analyzed with applicable legal guidelines and relating to the sale and purchase of fake sick letters through e-commerce in Indonesia. The crime of falsifying a sick letter being traded has entered the realm of criminal fraud. Which, has been regulated in Article 378 of the Criminal Code with a maximum imprisonment of 4 years and ITE Law Article 28 paragraph 1 threat of a maximum imprisonment of 6 years and / or a maximum fine of Rp 1,000,000,000. Efforts to overcome it through support from all elements. Even the public awareness of the harm caused when using these fake letters. Law enforcers cracked down on those who carried out the sale and purchase of the letter so that no one would dare to try to buy and sell the fake sick letter again.",7,1,62,68,Business; Law; Paragraph; Harm; Realm; Imprisonment; Criminal code; Public awareness; Normative; E-commerce,,,,,http://ojs.uma.ac.id/index.php/gakkum/article/view/3719 https://ojs.uma.ac.id/index.php/gakkum/article/download/3719/2687,http://dx.doi.org/10.31289/jiph.v7i1.3719,,10.31289/jiph.v7i1.3719,3028801563,,0,,0,true,cc-by-nc-sa,gold
137-266-746-459-704,IDEAL ELECTRONIC CONTRACT MODEL AS A FORM OF E-COMMERCE DISPUTES SETTLEMENT,2019-03-06,2019,journal article,Jurnal Pembaharuan Hukum,25803085; 23550481,Program Doktor Ilmu Hukum Unissula,,Andi Aina Ilmih; A Zulkarnain,"This study focuses on electronic contracts in the Indonesian Home Credits Financing Institution by analyzing the effect of electronic contracts on electronic transactions in Indonesia. Then find the ideal model of electronic contracts as a form of e-commerce legal dispute resolution. This study uses normative legal research methods, with a legal approach and a conceptual approach. Based on the research that has been done, the influence of electronic contracts in electronic transactions (e-commerce) in Indonesia has brought about major changes by changing the model of non-electronic (conventional) commercial transactions into electronic (modern) transactions and inspiring online dispute resolution. Then the ideal model of electronic contracts as a form of e-commerce legal dispute resolution in Indonesia, must contain 10 important things in the e-contract clause namely: 1. Freedom of Contract; 2). Offers and Receipts; 3). Good intention; 4). Use of Terms; 5). Risk Transfer; 6). Please Loss; (7). Emergencies; 8). Changing Contracts; 9). Termination reasons; 10). Choice of Law and Dispute Resolution online, as stated in the e-contract of Indonesian Home Credits.",6,1,77,89,Freedom of contract; Dispute resolution; Business; Online dispute resolution; Law and economics; Ideal (ethics); Choice of law; Settlement (litigation); Legal research; E-commerce,,,,,http://lppm-unissula.com/jurnal.unissula.ac.id/index.php/PH/article/view/4463/pdf http://jurnal.unissula.ac.id/index.php/PH/article/view/4463 http://lppm-unissula.com/jurnal.unissula.ac.id/index.php/PH/article/download/4463/pdf http://jurnal.unissula.ac.id/index.php/PH/article/download/4463/pdf https://core.ac.uk/download/236376402.pdf,http://dx.doi.org/10.26532/jph.v6i1.4463,,10.26532/jph.v6i1.4463,2971663152,,0,008-133-521-924-146,1,true,cc-by,gold
137-343-280-725-092,The Landmark 2005 Hague Convention on Choice of Court Agreements,2007-07-01,2007,journal article,Texas International Law Journal,01637479,,,Ved P. Nanda,"I. INTRODUCTION The Convention on Choice of Court Agreements,1 adopted at the twentieth session of the Hague Conference on Private International Law on June 30, 2005, is an important step toward international harmonization of national conflicts rules on forum selection clauses. The Convention both strives to ensure the recognition and enforcement of international choice of court clauses in the context of international business by providing uniform rules, and validates the parties' choice of forum as the single basis for jurisdiction. At the same time, it provides sufficient safeguards for governmental interests and for rendering and enforcing courts. It is worth recalling that the United States Supreme Court had validated party autonomy as early as 1972 in M/S Bremen v. Zapata Off-Shore Co. ,2 by giving effect to ""the legitimate expectations of the parties, manifested in their freely negotiated agreement, by specifically enforcing the forum clause.""3 By eliminating uncertainties regarding the place of suit by forum selection in advance, such contractual stipulations were found by the Court to constitute an ""indispensable element in international trade, commerce, and contracting.""4 The Court approved of what it called a recent trend in adopting ""a more hospitable attitude"" toward choice of forum clauses, and called upon federal district courts sitting in admiralty to follow this as ""the correct doctrine.""5 The Court established a reasonableness test to determine the validity of forum selection clauses, as it held that ""such clauses are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances.""6 A strong showing could indeed be made for setting aside the forum selection clauses ""for such reasons as fraud or overreaching"" or if the enforcement would be ""unreasonable and unjust"" or contrary to ""a strong public policy of the forum.""7 The Bremen Court's reasoning that ""[w]e cannot have trade and commerce in world markets and international waters exclusively on our terms, governed by our laws, and resolved in our courts,""8 would certainly apply equally in every other country. Bremen was a case in admiralty; although both federal and state courts have generally followed the Bremen holding in non-admiralty cases as well. However, were the U.S. to become a contracting party to the Choice of Court Convention, the Convention may have impact, not only on cases in U.S. courts involving international forum selection clauses, but eventually even in the domestic setting as jurisdictional law may be harmonized by federal legislation.9 Although the Hague Convention was adopted in June 2005, the actual drafting of the document began at the Hague Conference in 1992 with the United States' initiative to create a global convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.10 The United States' interest in such a convention is driven by the obvious need it perceives for a legal structure to ""support the growth of global markets"" and promote international cooperation.11 Moreover, since the United States is not a party to any treaty-bilateral or multilateral-on recognition and enforcement of foreign judgments, the U.S. finds itself at a major disadvantage, for re-litigation becomes a prerequisite for the enforcement of U.S. judgments abroad. The U.S. courts are perceived to be more hospitable to the enforcement of foreign judgments than foreign courts are to U.S. judgments.12 The negotiation process was lengthy and cumbersome. A Preliminary Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters was finally adopted at the October 1999 meeting of the Hague Conference,13 which generally mirrored in its structure and content the prior European Union instruments on the topic-the Brussels Convention of September 27, 1968,14 and the Lugano Convention of September 16, 1988. …",42,3,773,,Prima facie; Political science; Law; Jurisdiction; Supreme court; Enforcement of foreign judgments; Convention; European union; Conflict of laws; Original jurisdiction,,,,,https://www.questia.com/library/journal/1P3-1473971351/the-landmark-2005-hague-convention-on-choice-of-court http://www.ardeanattorneys.co.tz/wp-content/uploads/2012/01/THE-LANDMARK-2005-HAGUE-CONVENTION-on-Choice-of-Courts-Agreement2.pdf,https://www.questia.com/library/journal/1P3-1473971351/the-landmark-2005-hague-convention-on-choice-of-court,,,849152793,,0,,0,false,,
137-718-418-816-930,The law applicable to cross-border defamation on social media: whose law governs free speech in ‘Facebookistan’?,2015-01-02,2015,journal article,Journal of Media Law,17577632; 17577640,Informa UK Limited,United Kingdom,Alex Mills,"In the past decade, social media platforms such as Facebook and Twitter have gone from being a novelty to becoming an essential part of many people's personal and professional lives. Like previous changes in communications technology, social media poses a legal challenge. Can existing laws be applied or adapted to this new context, or does it pose new problems requiring new solutions? This article examines one aspect of this question through an analysis of the private international law issue of what law applies (or should be applied) to cross-border defamation claims on social media. Cross-border defamation raises a range of issues, including private international law questions regarding which courts should adjudicate claims and which substantive law should be applied. While the jurisdictional issues are important and have a significant impact on the issues of applicable law, there are distinct questions and concerns raised by the choice of law question for cross-border defamation on social media. Indeed,...",7,1,1,35,Sociology; Philosophy of law; Public law; Law; Choice of law; Substantive law; Social media; Conflict of laws; Private law; Commercial law,,,,,https://www.tandfonline.com/doi/abs/10.1080/17577632.2015.1055942 http://discovery.ucl.ac.uk/1475168/ https://core.ac.uk/display/79499184 https://discovery.ucl.ac.uk/id/eprint/1475168 https://core.ac.uk/download/pdf/79499184.pdf,http://dx.doi.org/10.1080/17577632.2015.1055942,,10.1080/17577632.2015.1055942,2131379256,,0,,10,true,,green
137-827-669-684-808,The American Side of the Behring Sea Controversy,,1892,journal article,The American Law Register and Review,15583538,JSTOR,,Stephen B. Stanton,,40,12,809,,,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=4438&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol40/iss12/1/ https://core.ac.uk/download/151687221.pdf,http://dx.doi.org/10.2307/3305382,,10.2307/3305382,1056162666,,0,,0,true,,green
138-105-979-649-057,Application of the Good-Faith-Doubt Test to the Presumption of Continued Majority Status of Incumbent Unions,,1981,journal article,Duke Law Journal,00127086,JSTOR,United States,Joel B. Toomey,,1981,4,718,,,,,,,https://core.ac.uk/download/62550428.pdf,http://dx.doi.org/10.2307/1372141,,10.2307/1372141,,,0,,0,true,,green
138-164-601-725-804,"""Substantial Evidence"" in Administrative Law",,1941,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,E. Blythe Stason,,89,8,1026,,Political science; Public law; Law; Administrative law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol89/iss8/2/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9155&context=penn_law_review https://core.ac.uk/download/151690336.pdf,http://dx.doi.org/10.2307/3309074,,10.2307/3309074,812997021,,0,,10,true,,green
138-173-415-022-050,Personal Data Protection in New Zealand: Lessons for South Africa?,2017-07-04,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Anneliese Roos,"In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.",11,4,61,108,Directive on Privacy and Electronic Communications; FTC Fair Information Practice; Political science; Law; National data protection authority; European union; General Data Protection Regulation; Data Protection Directive; Data Protection Act 1998; Information privacy law,,,,,https://journals.assaf.org.za/per/article/view/2786 http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812008000400004 https://perjournal.co.za/article/view/2786 https://doaj.org/article/728b9759becd4fedb1efa82338471a76 https://journals.co.za/content/perblad/4/1/EJC86936 https://www.ajol.info/index.php/pelj/article/view/42243 https://www.ajol.info/index.php/pelj/article/view/42243/59951 http://www.puk.ac.za/opencms/export/PUK/html/fakulteite/regte/per/issuepages/2008volume11no4/2008x4x_Roos_art.pdf http://www.scielo.org.za/pdf/pelj/v11n4/v11n4a04.pdf https://core.ac.uk/download/pdf/231093742.pdf,http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2786,,10.17159/1727-3781/2008/v11i4a2786,2135857011,,0,002-156-453-053-599; 024-010-440-398-279; 024-855-567-512-328; 025-069-250-566-019; 050-487-419-966-877; 054-589-151-628-06X; 080-248-108-244-682; 100-767-382-538-470; 175-149-680-843-257; 193-312-958-281-94X; 195-775-434-773-330,5,true,cc-by,gold
138-310-204-885-153,The Electric Deregulation Fiasco: Looking to Regulatory Federalism to Promote a Balance Between Markets and the Provision of Public Goods,,2002,journal article,Michigan Law Review,00262234,JSTOR,United States,Jim Rossi,"Over the last thirty years, regulators have deregulated just about every regulated industry. In no industry has deregulation raised as much fear and concern as in electric power markets. Even before the Enron debacle, a crisis that is more about the failures of corporate than regulatory law,' it was clear that something had gone seriously wrong in the turn towards deregulation of electric power. Recent events in California are illustrative. In early 2000, consumers in California, the first state to deregulate retail power markets on a mass scale, saw repeated months of power interruptions. Many utility customers experienced a risk of service shut off some even had their service interrupted forcing changes in daily routines to find access to electric power.2 Hospitals, nursing homes, and municipal utilities controlling sewage and water treatment facilities were forced",100,6,1768,1790,Business; Public good; Federal Power Act; Regulatory law; Service (business); Monopoly; Regulated Industry; Market economy; Electric power; Deregulation,,,,,https://repository.law.umich.edu/mlr/vol100/iss6/28/ https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1956&context=mlr https://ir.vanderbilt.edu/bitstream/1803/5680/1/The%20Electric%20Deregulation%20Fiasco.pdf https://www.jstor.org/stable/1290466 https://ir.vanderbilt.edu/handle/1803/5680 https://core.ac.uk/download/pdf/55913459.pdf,http://dx.doi.org/10.2307/1290466,,10.2307/1290466,3123399889,,0,,16,true,,green
138-501-037-027-056,INCAPACITY OF PARTIES AND INVALIDITY OF ARBITRATION AGREEMENT AS GROUNDS FOR REFUSING RECOGNITION AND ENFORCEMENT IN KUWAIT,2014-10-02,2014,journal article,Agora International Journal of Juridical Sciences,20677677; 1843570x,Agora University of Oradea,,Saad Badah,"Arbitration agreement is one of the widely discussed laws of contract in law. Each and every country has specific rules and regulation which government had rules which govern the arbitration contract between the citizens and between the nation and other nations.  Kuwait is one of such countries and it has faces a lot of challenges what it comes to arbitration law and sharia law until the time when New York Convention was incorporated and ratified in the process of administering justice in the Kuwait. The enforcement of the awards specifically has brought challenges until the NYC provided the grounds under which the enforcement of the awards may be rejected. The main objective of this paper is to discuss whether Incapacity of Parties and Invalidity of Arbitration Agreement as sufficient Grounds for Refusing Recognition and Enforcement in Kuwait. The paper is divided into five sections with first section giving introduction and definition of what is arbitration, the second part discusses the finality of the awards, thirdly it discuses the finality of the awards, fourthly the paper discuses the rejection of enforcement due to invalidity and incapacity and lastly the paper discusses the position of NYC position on the sufficiency of invalidity and incapacity as enough proof for non-enforcement and recognition of arbitration agreement as a result of invalidity and incapacity be for concludes with conclusion.",8,3,44,50,Economic Justice; Government; Arbitration; Compulsory arbitration; Sharia; Political science; Position (finance); Law; Enforcement; Convention,,,,,http://univagora.ro/jour/index.php/aijjs/article/viewFile/1451/415 http://univagora.ro/jour/index.php/aijjs/article/download/1451/415 http://univagora.ro/jour/index.php/aijjs/article/view/1451 https://core.ac.uk/download/pdf/236051369.pdf,http://dx.doi.org/10.15837/aijjs.v8i3.1451,,10.15837/aijjs.v8i3.1451,1568202159,,0,004-155-018-098-387; 060-639-605-541-226; 106-622-662-081-859; 195-916-460-744-265,0,true,,bronze
138-522-349-595-303,Data Protection in the Federal Republic of Germany and the European Union: An Unequal Playing Field,2014-05-01,2014,journal article,German Law Journal,20718322,Cambridge University Press (CUP),,Anne-Marie Zell,"<jats:p><jats:italic>With the negotiation of its Data Protection Regulation, the European Union seeks to reform an outdated set of laws that has failed to address the evolving data protection challenges inherent in new technologies such as social networks, e-commerce, cloud computing, and location-based services. This article addresses the forthcoming Data Protection Regulation as well as the current state of data protection law in the EU, with a particular focus on Germany. The first part of the article examines Germany's robust data protection framework and the EU's existing authority. The article then raises key issues related to data protection in Germany and the EU—namely, discrepancies in data protection standards and enforcement among EU Member States—as illustrated by recent, high profile cases involving household names like Facebook, Apple, Google, and Amazon. Through this analysis, the article attempts to explain how and why companies doing business in Germany, but established in other EU Member States, are subject to less stringent data protection standards than German companies. Lastly, the article synthesizes the issues in debate with regard to the draft Data Protection Regulation and offers perspectives on what the Regulation could and should mean for data protection in the EU.</jats:italic></jats:p>",15,3,461,494,International trade; Political science; Field (Bourdieu); European union; Federal republic of germany; Data Protection Act 1998,,,,,https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S207183220001899X,http://dx.doi.org/10.1017/s207183220001899x,,10.1017/s207183220001899x,2922283452,,0,000-899-552-973-109; 045-191-439-418-946; 100-176-631-562-056; 110-107-023-667-579; 160-436-719-602-897,0,true,cc-by,gold
139-413-835-254-364,Procedural Rights of Aliens Before Tribunals in Poland,,1972,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Ludwik Kos-Rabcewicz-Zubkowski,"With increased travel, greater internationalization of commerce, easier access to employment abroad, emigration, international aid, and fast, easy transportation and communications, there are now more occasions for conflicts between states, their nationals and aliens. Therefore, the question of access to local courts and the efficacy of remedies available in these courts is increasingly relevant. Conflicts are now complicated by the increase in the number of claimants from different legal systems (civil law, common law, the law of socialist states, or others) and by the differing claims on judicial jurisdiction brought about by the recent growth of multinational or regional entities and courts and permanent arbitration bodies of an international type. This study describes the legal regime concerning civil and commercial relations of aliens in Poland.",37,4,611,651,Emigration; Multinational corporation; Arbitration; Common law; Political science; Law; Jurisdiction; Civil law (common law); Internationalization,,,,,https://scholarship.law.duke.edu/lcp/vol37/iss4/8/ https://www.jstor.org/stable/1191144 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3388&context=lcp https://core.ac.uk/download/62555427.pdf,http://dx.doi.org/10.2307/1191144,,10.2307/1191144,1520087483,,0,,0,true,,green
139-539-235-979-381,ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review,2019-12-31,2019,journal article,Lentera Hukum,26213710; 23554673,UPT Penerbitan Universitas Jember,,Phet Sengpunya,"<jats:p>In the era of digital, the internet has become a new channel for meeting and social interaction of people all around the world, and it has also become an essential platform for commercial activities, especially e-commerce. E-commerce has become a significant driving force for the growth of the economy for all regions around the world. For example, ASEAN, ICT, and e-commerce are recognized as an essential segment for regional integration. ASEAN developed its legal framework in order to promote and facilitate the development of ICT and the growth of e-commerce within the region. Unlike the European Union, ASEAN is not a supranational organization, and it cannot legislate for a whole community. Thus its e-commerce legal framework is developed by harmonizing the Member Countries' national laws into the regional legal system. This paper aims to introduce how ASEAN designs its legal framework for regional cooperation, with a focus on e-commerce. The paper presents how Lao PDR, as a member country of ASEAN, fulfills provisions agreed under the e-ASEAN framework to help understand the way ASEAN Member Countries undertake action to align with ASEAN e-commerce legal framework. To this end, this paper also provides an overview of the e-commerce of ASEAN as a whole and Lao PDR.&#x0D;; Keywords: ASEAN, Lao PDR, E-Commerce Legal Framework, Regional Legal System.</jats:p>",6,3,371,,Business; International trade; E-commerce,,,,,https://jurnal.unej.ac.id/index.php/eJLH/article/download/13709/7539 https://core.ac.uk/download/pdf/295409149.pdf,http://dx.doi.org/10.19184/ejlh.v6i3.13709,,10.19184/ejlh.v6i3.13709,3003637285,,0,126-758-008-588-127,0,true,cc-by-sa,gold
139-791-032-333-999,The ‘Europeanisation’ of Data Protection Law,2016-12-21,2016,journal article,Cambridge Yearbook of European Legal Studies,15288870; 20497636,Cambridge University Press (CUP),United Kingdom,Orla Lynskey,"EU data protection law has, to date, been monitored and enforced in a decentralised way by independent supervisory authorities in each Member State. While the independence of these supervisory authorities is an essential element of EU data protection law, this decentralised governance structure has led to competing claims from supervisory authorities regarding the national law applicable to a data processing operation and the national authority responsible for enforcing the data protection rules. These competing claims, evident in investigations conducted into the data protection compliance of Google and Facebook, jeopardise the objectives of the EU data protection regime. The new General Data Protection Regulation will revolutionise data protection governance by providing for a centralised decision-making body, the European Data Protection Board. While this agency will ensure the ‘Europeanisation’ of data protection law, given the nature and the extent of this Board’s powers it marks another significant shift in the EU’s agency-creating process and must therefore also be considered in its broader EU context.",19,,252,286,Political science; Law; National data protection authority; Member state; Context (language use); Europeanisation; General Data Protection Regulation; Public administration; Data Protection Directive; Data Protection Act 1998; Information privacy law,,,,,https://www.cambridge.org/core/journals/cambridge-yearbook-of-european-legal-studies/article/europeanisation-of-data-protection-law/579DCFDE8EE5D8A3C83FED4C9ACB8CCF https://eprints.lse.ac.uk/68471/ https://core.ac.uk/download/77615075.pdf,http://dx.doi.org/10.1017/cel.2016.15,,10.1017/cel.2016.15,2559021490,,0,000-305-608-751-628; 000-613-434-834-160; 009-055-725-334-477; 010-849-748-068-087; 011-741-958-466-720; 019-080-757-648-304; 026-046-787-457-976; 035-673-497-508-877; 043-011-929-400-577; 051-887-007-400-075; 066-704-386-904-854; 071-908-567-325-670; 076-924-262-571-952; 077-553-041-839-501; 082-854-400-755-263; 084-955-406-250-149; 087-672-113-340-684; 091-085-904-012-570; 096-013-822-007-988; 099-630-034-920-787; 117-121-184-094-295; 122-423-403-417-299; 151-135-989-822-35X; 156-651-642-433-075; 163-359-910-948-629; 163-531-041-290-678; 190-541-342-516-35X,5,true,,green
139-816-897-206-372,The Evolution of EU Antitrust Policy: 1966–2017,2020-01-29,2020,journal article,The Modern Law Review,00267961; 14682230,Wiley,United Kingdom,Pablo Ibáñez Colomo; Andriani Kalintiri,"This article describes, and puts in context, the evolution of the enforcement practice of the European Commission in the area of EU antitrust law (Articles 101 and 102 TFEU). It considers all formal decisions adopted in the period between 1966 – when the European Court of Justice delivered the two seminal rulings that marked the discipline – and the end of 2017. The article classifies Commission decisions in accordance with four enforcement paradigms. The descriptive statistics show that the cases that the Commission chooses to prioritise have changed over the years. First, enforcement has progressively moved towards the core and the outer boundaries of the system. Second, it has become policy-driven rather than law-driven. Third, the nature of the cases chosen by the Commission is consistent with its commitment to a ‘more economics-based approach’ to enforcement. Finally, these cases signal a move towards a more ambitious stage in the process of the integration of Member States’ economies.",83,2,321,372,Political science; Law and economics; Core (game theory); Commission; Enforcement; Context (language use); European court of justice; Member states; Descriptive statistics; Modernization theory,,,,STICERD Research Grant,https://eprints.lse.ac.uk/101582/ https://onlinelibrary.wiley.com/doi/full/10.1111/1468-2230.12503 https://onlinelibrary.wiley.com/doi/pdf/10.1111/1468-2230.12503 https://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=3614718 http://privpapers.ssrn.com/sol3/papers.cfm?abstract_id=3614718&dgcid=ejournal_htmlemail_antitrust:antitrust:law:policy:ejournal_abstractlink https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3527419 https://core.ac.uk/download/227520800.pdf,http://dx.doi.org/10.1111/1468-2230.12503,,10.1111/1468-2230.12503,2976950010,,0,,4,true,cc-by-nc-nd,hybrid
139-865-156-199-380,Transnational Consumer Law: Co-Regulation of B2C-E-Commerce,,2007,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Gralf-Peter Calliess,"The nation states provide workable contract enforcement institutions for domestic commerce. Due to a lack of international cooperation the same does not hold true when it comes to cross-border situations. Thus, the institutional organization of international commerce is characterized by its reliance on private ordering or private legal services. Many believe that the emergence of a New Law Merchant can be observed in international commercial arbitration. This trend towards the privatization of commercial law, however, is believed to be limited to the sphere of corporate actors or merchants. When it comes to the protection of weaker contract parties like consumers, self-regulation is not held to be a viable option. In fact, consumers do shop increasingly across borders when engaging in e-commerce, often without noticing. The 1999 OECD Guidelines proposed to tackle the resulting consumer protection concerns by means of co-regulation. In this article, I intend to examine the potential role of private ordering and co-regulation in the area of cross-border consumer contracts. I start with a survey of the different mechanisms of private ordering, which have developed in e-commerce. This illustrates that electronic market places fulfil an essential role in bundling different means of private ordering into what I call transnational civil regimes for consumer protection. Finally, I aim at demonstrating how states, industry, and civil society actors can jointly contribute to the establishment of a civil constitution for such regimes.",,,,,Business; Arbitration; Law and economics; Constitution; Co-regulation; Enforcement; Consumer protection; Civil society; Commerce; E-commerce; Commercial law,,,,,https://www.ssrn.com/abstract=988612 https://digitalcommons.osgoode.yorku.ca/clpe/225/ https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1225&context=clpe https://papers.ssrn.com/sol3/papers.cfm?abstract_id=988612 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID988612_code109516.pdf?abstractid=988612&mirid=1 https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID988612_code109516.pdf?abstractid=988612&mirid=3,http://dx.doi.org/10.2139/ssrn.988612,,10.2139/ssrn.988612,1502871782,,0,001-115-453-532-971; 008-405-652-106-81X; 009-709-842-544-043; 012-124-291-688-837; 012-914-276-552-751; 014-136-284-417-941; 014-404-973-905-850; 020-357-046-001-517; 025-544-055-495-024; 025-769-385-976-637; 026-520-697-651-439; 032-091-120-973-622; 041-769-960-824-948; 042-414-225-505-186; 042-618-516-975-510; 043-499-687-260-656; 045-157-242-598-77X; 045-245-607-792-410; 046-380-167-685-870; 046-724-568-590-799; 046-872-350-441-322; 050-980-136-395-487; 051-745-908-909-65X; 056-775-103-174-763; 057-067-823-948-914; 060-414-956-614-354; 062-895-099-743-997; 065-604-272-553-334; 079-329-675-640-517; 081-946-711-942-092; 084-010-971-400-354; 084-080-316-638-036; 087-373-943-582-017; 087-646-142-013-886; 093-210-252-628-523; 097-625-303-409-137; 101-467-947-056-789; 105-093-058-057-468; 108-502-605-327-935; 113-011-265-440-257; 113-126-837-047-419; 114-410-498-174-222; 120-962-135-969-176; 137-306-752-067-049; 138-914-599-987-02X; 143-654-901-834-917; 146-716-242-083-469; 147-142-930-002-630; 147-745-758-736-060; 148-069-326-596-59X; 162-392-638-268-963; 167-451-534-158-910; 178-594-930-744-716; 183-043-363-011-814; 188-124-943-791-42X,12,true,,green
140-003-914-840-963,"Crowell v. Benson: Judicial Review of Administrative Determinations of Questions of ""Constitutional Fact""",,1932,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,John Dickinson,,80,8,1055,,Political science; Law and economics; Law; Judicial review,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8550&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol80/iss8/1/ https://core.ac.uk/download/151690025.pdf,http://dx.doi.org/10.2307/3308212,,10.2307/3308212,2189086858,,0,,2,true,,green
140-661-356-693-210,Aspects of Arbitration Discourse: an Insight into China’s Arbitration Law,2015-11-15,2015,journal article,Revista Alicantina de Estudios Ingleses,2171861x; 02144808,Universidad de Alicante Servicio de Publicaciones,,Maurizio Gotti,"The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People’s Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development of Chinese legislation in this field as it has had a great impact on international arbitration carried out by Chinese companies. International business exchanges with China have increased enormously over the last few years and even the recent economic recession has not slowed down this growth, making China the biggest Asian market in terms of import-export trade. As a natural consequence, this increase in business deals and contracts has brought about a rise in the number of trade disputes, with a consequent increase in arbitration proceedings. The aim of this paper is to examine the English version of PRCAL in order to highlight some of the linguistic and legal features present that betray specific cultural values. In some cases, the PRCAL text is compared to the United Nations Model Law on International Commercial Arbitration, with the aim of offering a more detailed understanding of textual phenomena closely linked to differing legal and cultural traditions.",28,28,83,101,Arbitration; Compulsory arbitration; Conciliation; Political science; China; International business; Recession; Law; Legislation; International arbitration,,,,,https://raei.ua.es/article/view/2015-n28-aspects-of-arbitration-discourse-an-insight-into-chinas-arbitration-law https://aisberg.unibg.it/handle/10446/61657 http://hdl.handle.net/10045/54180 https://dialnet.unirioja.es/servlet/articulo?codigo=5414420 https://rua.ua.es/dspace/bitstream/10045/54180/1/RAEI_28_05.pdf http://rua.ua.es/dspace/handle/10045/54180 https://core.ac.uk/display/32327195 https://core.ac.uk/download/32327195.pdf,http://dx.doi.org/10.14198/raei.2015.28.05,,10.14198/raei.2015.28.05,2339827888,,0,009-474-062-169-98X; 021-440-790-518-323; 024-213-719-740-027; 042-249-468-532-721; 077-581-979-994-674; 092-855-793-301-234; 103-742-519-884-453; 116-605-090-592-917; 128-394-185-792-362; 163-627-458-926-025; 170-149-862-515-797; 170-748-198-331-846; 184-135-121-236-011,0,true,cc-by,gold
140-877-266-726-691,Obligations in Commercial Contracts: A Matter of Law or Interpretation?,2012-01-01,2012,journal article,Current Legal Problems,00701998; 20448422,Oxford University Press (OUP),,Catherine Mitchell,"English commercial contract law is undergoing its own ‘interpretative turn’. According to Lord Hoffmann, disputes concerning implied terms in contracts and the extent of the defendant’s liability for loss on breach are resolved by searching for the meaning of the parties’ agreement. The process is one of contextual interpretation of the contract (understood in a broad sense which regards the contractual agreement as incorporating more than just the text), rather than the external application of autonomous legal rules derived from authoritative precedents. On the one hand this agreement-centred approach can be regarded as the natural consequence of a definitive principle of contractual liability—obligations are assumed by the parties, rather than imposed on them. On this basis, Lord Hoffmann is simply reasserting the facilitative character of commercial contract law. On the other hand this approach raises questions about the scope and limits of the legal regulation of commercial activity by courts. At its most extreme, the interpretative approach espoused by Lord Hoffmann admits of only an attenuated commitment to commercial contract law as a repository of non-instrumental normative values. Instead, commercial contract law is perceived only as a loose grouping of pragmatic considerations, given a superficial veneer of coherence by reference to a substantively empty concept of interpretation. The article traces the development of this interpretative turn and assesses some of its positive and negative implications, both for the operation of other rules of contract law and for our general understanding of the role of the law in regulating commercial activity.",65,1,455,488,Economics; Law; Liability; Meaning (existential); Scope (project management); Contractual Agreement; Normative; Interpretation (philosophy); Natural (music); Coherence (linguistics),,,,,http://clp.oxfordjournals.org/content/early/2012/05/23/clp.cus005.full.pdf http://academic.oup.com/clp/article-abstract/65/1/455/356841 https://hull-repository.worktribe.com/output/465393 https://hydra.hull.ac.uk/resources/hull:9482 https://academic.oup.com/clp/article-lookup/doi/10.1093/clp/cus005 https://academic.oup.com/clp/article-abstract/65/1/455/356841,http://dx.doi.org/10.1093/clp/cus005,,10.1093/clp/cus005,2069216547,,0,,10,true,cc-by,green
140-891-633-315-669,The Courts and the Robinson-Patman Act: Possibilities of Strict Construction,,1937,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,James Angell McLaughlin,,4,3,410,419,Economics; Law; Robinson–Patman Act,,,,,https://scholarship.law.duke.edu/lcp/vol4/iss3/11/ https://core.ac.uk/display/62558617 https://core.ac.uk/download/62558617.pdf,http://dx.doi.org/10.2307/1189746,,10.2307/1189746,1582530237,,0,,0,true,,green
141-635-863-211-295,Cross-border Insolvency Problems: Is the UNCITRAL Model Law the Answer?,2012-10-12,2012,journal article,International Insolvency Review,11800518; 10991107,Wiley,United Kingdom,S. Chandra Mohan,"This paper examines the impact that the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law's provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law presently has a future in dealing with cross-border insolvencies. Copyright © 2012 INSOL International and John Wiley & Sons, Ltd.",21,3,199,223,Comparative law; Economics; Public law; Law; Commission; International trade law; Cross-border insolvency; Insolvency; Private law; Commercial law,,,,,https://core.ac.uk/display/13245465 https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=3097&context=sol_research https://ink.library.smu.edu.sg/sol_research/1145/ https://onlinelibrary.wiley.com/doi/full/10.1002/iir.1203 https://core.ac.uk/download/13245465.pdf,http://dx.doi.org/10.1002/iir.1203,,10.1002/iir.1203,1499133522,,0,,13,true,cc-by-nc-nd,green
142-096-468-871-193,Public health law and the legal basis of public health,2010-08-03,2010,journal article,Journal of Public Health,09431853; 16132238,Springer Science and Business Media LLC,Germany,Adem Koyuncu; Wilhelm Kirch,"This article analyzes the scope of the rules that form the legal field Public Health Law and examines its characteristics. It further reviews the relationship between law and public health practice and analyzes the legal basis of public health. The article also examines the roles of the legal actors in public health practice and their means. Law grants the necessary powers to the states and governments, and law also distributes these powers among the state institutions. Law and Public health build an important relationship in the interest of the population’s health. Based on law and on legal authorization, states establish and fund public health agencies and bestow them with powers vis-a-vis citizens to pursue public health goals. A number of legal fields can be found that aim to protect and promote the public’s health. The entirety of these legal fields build the superordinate field “Public Health Law.” Public health law can be defined as the sum of all legal rules that directly or indirectly aim to safeguard or promote the population’s health. These rules may result from statutory law, administrative regulations and acts, customary law and common law. Law is essential for the infrastructure and functioning of public health. The legal basis of public health is rooted in the basic rights of the people to health, safety and life. Based on these basic rights, the people and the population they form have the right to self-defense. In states, people mandate the state and the state powers to safeguard and promote their health. Therefore, the population’s basic right to health, safety and life, and their corresponding right to self-defense are the basis and justification for the general existence of public health activities of states. Public health is a duty of the state vis-a-vis the people from whom all state powers derive.",18,5,429,436,Empirical legal studies; Health law; Public health; Legal profession; International health; Law; Public health law; Health policy; Medicine; Private law,,,,,https://rd.springer.com/article/10.1007%2Fs10389-010-0355-5 https://www.ssoar.info/ssoar/bitstream/document/21414/1/ssoar-jpublichealth-2010-5-koyuncu_et_al-public_health_law_and_the.pdf https://link.springer.com/10.1007/s10389-010-0355-5 https://link.springer.com/article/10.1007%2Fs10389-010-0355-5 https://www.ssoar.info/ssoar/handle/document/21414 https://link.springer.com/article/10.1007/s10389-010-0355-5/fulltext.html https://www.ssoar.info/ssoar/bitstream/document/21414/1/ssoar-jpublichealth-2010-5-koyuncu_et_al-public_health_law_and_the.pdf,http://dx.doi.org/10.1007/s10389-010-0355-5,,10.1007/s10389-010-0355-5,2100088891,,0,001-824-665-011-918; 005-168-648-129-968; 009-285-390-124-059; 022-348-553-602-235; 030-153-436-374-560; 038-494-414-276-800; 041-728-708-312-317; 052-983-640-550-008; 053-609-609-373-943; 063-634-647-492-14X; 064-903-744-673-347; 069-340-378-190-18X; 074-184-698-011-91X; 075-731-783-561-234; 080-573-571-012-962; 084-910-856-206-541; 103-544-838-118-097; 115-950-233-008-88X; 117-930-382-478-679; 122-732-967-280-581; 122-865-518-257-828; 150-894-642-691-857; 160-154-311-097-924; 167-785-800-761-916; 192-641-162-851-223; 196-607-134-526-251,2,true,,green
142-136-568-458-375,The Mythology of Proportionality in Judgments of the Court of Justice of the European Union on Internet and Fundamental Rights,2015-12-04,2015,journal article,Oxford Journal of Legal Studies,01436503; 14643820,Oxford University Press (OUP),United Kingdom,Filippo Fontanelli,,36,3,630,660,European Union law; Political science; Proportionality (law); Law; Right to be forgotten; European union; Mythology; Data Protection Directive; International human rights law; Fundamental rights,,,,,https://www.research.ed.ac.uk/en/publications/the-mythology-of-proportionality-in-judgments-of-the-court-of-jus https://www.research.ed.ac.uk/portal/files/25457875/Fontanelli_OJLS_2015_The_mythology_of_balancing.pdf https://philpapers.org/rec/FONTMO-3 https://academic.oup.com/ojls/article-abstract/36/3/630/1752380 https://www.pure.ed.ac.uk/ws/files/25457875/Fontanelli_OJLS_2015_The_mythology_of_balancing.pdf https://core.ac.uk/download/141198353.pdf,http://dx.doi.org/10.1093/ojls/gqv037,,10.1093/ojls/gqv037,2248445637,,0,,2,true,cc0,green
142-294-017-964-144,Notice and Take Down: How the Shift from Copyright Law to Chinese E-Commerce Law Poses an Unnecessary Disturbance to E-Commerce,2019-08-28,2019,journal article,IIC - International Review of Intellectual Property and Competition Law,00189855; 21950237,Springer Science and Business Media LLC,Germany,Shujie Feng; Yong Wan; Fang Fang,"The notice-and-take-down (NTD) procedure, as an enforcement tool of copyright, is equitable and balanced. However, its applicability to other types of intellectual property depends on necessary adaptation. Currently, the Chinese Tort Liability Law has created an incomplete NTD procedure applicable to all kinds of civil rights, and Chinese e-commerce platforms have managed an internal NTD procedure in which they decide on IP infringements and measures to take. The Chinese E-Commerce Law has created a new NTD procedure exclusively for e-commerce, which requires the automatic removal of allegedly infringing items for at least 15 days and an automatic restoration of removed items in the absence of complaints submitted to relevant authorities by the holders of IP rights. The new procedure will seriously affect e-commerce due to its automatic removal measures, even more so in light of the current problem in China of IP trolls. The e-commerce platforms will probably resist the injunction-like NTD procedure in order to maintain their controlling role, so as to protect the interests of online stores as well as their own interests.",50,9,1082,1100,Business; China; Law; Order (business); Enforcement; Notice; Copyright law; Intellectual property; E-commerce; Adaptation (computer science),,,,,https://link.springer.com/article/10.1007/s40319-019-00857-2,http://dx.doi.org/10.1007/s40319-019-00857-2,,10.1007/s40319-019-00857-2,2971060797,,0,002-633-315-084-070; 015-140-007-366-558; 058-156-974-811-094; 089-170-393-320-92X; 103-511-932-816-579,0,false,,
142-418-715-896-320,Local Conduct and the Sherman Act,,1959,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Milton A. Kallis,"* The views expressed in this article are those of the author and are not necessarily those of any government agency. t Ph.B. 1930, University of Chicago; A.M. 1932, George Washington University; LL.B. 9zi2, Northwestern University; S.J.D. 1933, Harvard University. Member of the Illinois and District of Columbia bars; Trial Attorney, Antitrust Division, Department of Justice. Former member of law faculties of Northwestern University, Howard University, University of Kansas, Chicago-Kent College of Law, and National University.",8,2,236,257,Agency (sociology); Economic Justice; Government; Political science; Law; Public administration; George (robot),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1669&context=dlj https://scholarship.law.duke.edu/dlj/vol8/iss2/5/ https://core.ac.uk/display/62552588 https://www.jstor.org/stable/1371199 https://core.ac.uk/download/62552588.pdf,https://scholarship.law.duke.edu/dlj/vol8/iss2/5/,,,1522165097,,0,,0,true,,
142-867-102-978-968,Regulation of Oil Imports,,1961,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,R. O. Kellam,,10,2,175,215,Economics,,,,,https://scholarship.law.duke.edu/dlj/vol10/iss2/1/ https://core.ac.uk/display/62552445 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1751&context=dlj https://core.ac.uk/download/62552445.pdf,https://scholarship.law.duke.edu/dlj/vol10/iss2/1/,,,1508089054,,0,,1,true,,
143-012-392-123-839,Assessing Jurisdiction in Electronic-Commerce Disputes Resolution: A Review of the Legal Practice in the United State,,2019,journal article,"Journal of Law, Policy and Globalization",,"International Institute for Science, Technology and Education",,,"The worldwide and decentralized characteristics of the internet and the open manner at which it operates gives E-commerce a global element which brings about the all-important question of which court has the jurisdiction to resolve disputes in E-commerce transactions. The sharing of state’s jurisdiction with regard to international commercial contracts has been on the use of contact factors generally of a territorial nature. The exclusive nature of the internet as a modern phenomenon sometimes makes it difficult to apply these rules. This may make them not legally binding or lead to results that are not favorable or totally alien to the contracting parties and the subject matter of the cases. This study critically examines and review the current legal administrative approach of the United State with regard to assessing jurisdiction in E-commerce disputes resolution. It also analyzes the defects of the legal practice in the US and the postulation of new ideas in assessing and enforcing jurisdiction in E-commerce disputes resolution. Keywords: Electronic Commerce, Assessing Jurisdiction, Disputes Resolution, the US. DOI: 10.7176/JLPG/83-13 Publication date:March 31st 201",,,,,,,,,,https://core.ac.uk/download/pdf/234652124.pdf,http://dx.doi.org/10.7176/jlpg/83-13,,10.7176/jlpg/83-13,,,0,,0,true,cc-by,hybrid
143-229-920-156-368,The Revised Model State Administrative Procedure Act: Reform or Retrogression?,,1963,journal article,Duke Law Journal,00127086,JSTOR,United States,Harold S. Bloomenthal,,1963,4,593,,,,,,,https://core.ac.uk/download/62552273.pdf,http://dx.doi.org/10.2307/1371247,,10.2307/1371247,,,0,,0,true,,green
144-020-754-319-676,Data Protection Litigation in New Zealand: Processes and Outcomes,2008-11-03,2008,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Gehan Gunasekara; Erin Dillon,"The blood running through the veins of twenty-first century commerce increasingly consists of information about individuals. The spread of technology around the world, globalization and security concerns have led to unprecedented amounts of information about individuals being collected and processed by the private sector and by governments. Data outsourcing, data mining and the profiling and tracking of individuals is already occurring on an alarming scale. The ability to track and predict individuals’ behavior is not only important for governments (for security and other reasons) but can provide businesses with an unrivalled competitive advantage.",39,3,457,,Private sector; Business; Profiling (information science); Publishing; Marketing; Project commissioning; Globalization; Data outsourcing; Competitive advantage; Data Protection Act 1998,,,,,https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-39-2008/issue-3/data-gunasekara-dillon.pdf http://www.cyberlawcentre.org/ipp/events/symposium07/Discussion_Paper.pdf https://core.ac.uk/download/pdf/229718242.pdf,http://dx.doi.org/10.26686/vuwlr.v39i3.5471,,10.26686/vuwlr.v39i3.5471,950427777,,0,,6,true,,bronze
144-203-892-704-590,Curbing gambling activities on the Internet,,2004,journal article,IEEE Aerospace and Electronic Systems Magazine,08858985,Institute of Electrical and Electronics Engineers (IEEE),United States,Shiuh-Jeng Wang; Hung-Jui Ke,"Gambling is prohibited in Taiwan, although it has existed in the society for a long time. With the emergence of the Internet in the past decade, not only is e-commerce being promoted, but Internet gambling as well. The negative influence of Internet gambling, however, is much greater than the impact of traditional gambling on our society. Due to the properties of anonymity, lack of boundaries, and the rapid spread on the Internet, it is becoming increasingly difficult for law enforcement to seize suspects who engage in illegal gambling. In this paper, we introduce some serious problems resulting from Internet gambling, and provide a procedure to investigate and curb the spread of Internet betting in Taiwan. According to our proposal, the information of evidence collected is believed to be presented conclusively in a court of law. Persons attempting to bet on the Internet should be deterred.",19,4,33,35,Sociology of the Internet; Internet privacy; The Internet; Business; Anonymity; Legislation; Law enforcement; Internet gambling; Entertainment,,,,,https://ieeexplore.ieee.org/document/1301772/,http://dx.doi.org/10.1109/maes.2004.1301772,,10.1109/maes.2004.1301772,2136822918,,0,158-262-072-312-063; 199-172-967-270-034,3,false,,
144-573-142-481-656,An Analysis of the Use of Bilateral Agreements between Transnational Trading Groups: The U.S./EU E-Commerce Privacy Safe Harbor,,2004,journal article,Texas International Law Journal,01637479,,,John T. Soma; Stephen D. Rynerson; Britney D. Beall-Eder,"""Civilization is the progress toward a society of privacy.""1 I. INTRODUCTION For most of human history, privacy has been a minimal concern.2 Living in small communities made up mostly of relatives3 and conducting one's affairs on the basis of trust and personal reputation,4 there was little reason for individuals to be concerned about ""identity theft"" or similar problems. Equally, while governments were undoubtedly authoritarian,5 their ability to monitor their citizens' day-to-day lives was minimal.6 As society has grown more complex over time and the administrative state more intrusive, the risks of misrepresentation and identity theft have increased substantially.7 The increasing use of computer databases has also led to ever greater quantities of personal information being placed at risk. Where once a criminal could only steal as many paper files as could be carried by hand, databases containing information on tens of thousands or even millions of people can be quickly downloaded and duplicated.8 This growing threat of identity theft and concomitant fraud in the commercial milieu has resulted in efforts by private groups,9 national governments,10 and international organizations"" to reduce the risk of such activity. There has not, however, been the same degree of scrutiny applied to the use and security of government databases containing personal information. The risks for improper use of such government-held data will only grow in coming years as law enforcement and administrative agencies build increasingly comprehensive databases about citizens in response to concerns about terrorism.12 As e-commerce rapidly expands with new technological advances, protection of privacy in transnational cyberspace transactions remains a concern for all parties involved.13 Whether conducted for personal or business reasons, Internet transactions leave trails of information, creating a potential open market for the sale and use of personal information without the individual's consent.14 With the United States taking a selfregulatory approach to privacy in e-commerce and the European Union (EU) taking extensive measures to create legislative enforcement mechanisms to govern the collection of personal information on the Internet, much debate has arisen in how to control the collection of personal data between nations.15 The Internet continues to grow, making time and distance no longer an obstacle in modern day transactions.16 The risk to privacy is also on the rise, creating significant concerns in the global community for consumers, businesses, and government entities.17 The need for consistent enforcement mechanisms to govern privacy across transnational borders is imperative for e-commerce to continue to work as an asset rather than creating a downward spiral for control over personal information. In the business world, bilateral agreements between transnational trading groups have been used to address concerns about personal data protection.18 Lacking a credible global privacy organization at present, such agreements, or separate agreements modeled on them, should be extended to government-held personal data to quickly remedy this expanding gap in data protection. Building on this foundation, in the future, the United Nations should work to establish a broad platform of shared personal data protection rules for both commercial and government-held data based on the guidelines articulated by the Organization for Economic Cooperation and Development (OECD).19 This essay examines privacy issues related to this subject in five parts. Part II of this essay will briefly discuss the historical development of data protection legislation. Part III examines the EU's comprehensive Data Protection Directive, which includes personal data held by governments and their agencies. Part IV explores the strictly commercial, ad hoc approach to personal data protection employed by the United States, taking a specific look at privacy in the financial and medical fields. …",39,2,171,,Privacy policy; Information privacy; Privacy law; Business; Personally identifiable information; Privacy by Design; Law; Data Protection Directive; Data Protection Act 1998; Information privacy law,,,,,https://www.questia.com/library/journal/1P3-940795421/an-analysis-of-the-use-of-bilateral-agreements-between,https://www.questia.com/library/journal/1P3-940795421/an-analysis-of-the-use-of-bilateral-agreements-between,,,772325701,,0,,5,false,,
144-964-869-896-770,Looks Can Be Deceiving—A Comparison of Initial Public Offering Procedures Under Japanese and U.S. Securities Laws,,1992,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Alan L. Beller; Tsunemasa Terai; Richard M. Levine,"In order to examine the divergent administration of statutes that are by their terms similar, the initial public offering procedures that a non-sovereign domestic issuer follows in the US and Japan are described",55,4,77,118,Public offering; Initial public offering; Business; Public sector; Law; Private placement,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4163&context=lcp https://scholarship.law.duke.edu/lcp/vol55/iss4/5/ https://core.ac.uk/display/62553932 https://core.ac.uk/download/62553932.pdf,http://dx.doi.org/10.2307/1192106,,10.2307/1192106,1535205008,,0,,6,true,,green
145-792-079-911-786,Constitutional Perils: Real and Otherwise,,1984,journal article,Duke Law Journal,00127086,JSTOR,United States,Gene R. Nichol; Norman Dorsen,"Review of: Our Endangerd Rights—The ACLU Report on Civil Liberties Today. Edited with an Introduction by Norman Dorsen. Pantheon Books, New York, N.Y., 1984",1984,5,1002,,,,,,,https://core.ac.uk/download/62550226.pdf,http://dx.doi.org/10.2307/1372396,,10.2307/1372396,,,0,,1,true,,green
146-340-514-055-021,Adapting to a New World of E-Commerce: The Need for Uniform Consumer Protection in the International Electronic Marketplace,,2003,journal article,The George Washington International Law Review,15349977,,,Karen Alboukrek,"INTRODUCTION The evolution of virtual shopping on the World Wide Web gives rise to new and complex consumer protection issues. The conventional elements of jurisdiction over consumer protection are hard to execute in the Internet realm. The principal reason is that ""countries throughout the world have in place numerous different regimes to protect their consumers based on the 'old world' presumption that consumers will shop in proximity to where they live and will not give up their sovereignty in applying these laws.""1 This presumption, however, no longer holds true, as cross-border exchanges over the Internet are now prevalent.2 Such exchanges raise serious questions for consumers who do business with merchants located in different countries. These questions include ""whose laws apply, what a contract means and how [one] get[s] recourse when something doesn't work.""3 At present, ""there is no single set [sic] of international legal rules that apply to electronic commerce.""4 Instead, governments have been grappling with how best to safeguard their citizens without imposing further barriers to trade.5 Governments have not met this challenge and such attempts have only contributed to further uncertainty and doubt in the international electronic marketplace.6 This Note will discuss the growing concerns consumers and businesses face as they interact online and examine the question of how best to protect consumers when cross-border disputes arise. Section I provides a brief introduction to electronic commerce and its development in the international marketplace. Section II examines key concerns pertaining to consumer safety in the global electronic marketplace, including dispute resolution, business and marketing practices, enforcement, and privacy. Section III then summarizes the various efforts and online initiatives that law enforcers and the private sector have executed worldwide. The section then discusses the three following examples of current initiatives seeking to build international consensus on core protections for electronic consumers: (1) the U.S. Federal Trade Commission's (FTC) Report on Consumer Protection in the Electronic Marketplace (FTC Report);7 (2) the Organization for Economic Co-Operation and Development Guidelines for Consumer Protection in the Electronic Marketplace (OECD Guidelines);8 and (3) The Electronic Commerce and Consumer Protection Group's Guidelines for Merchant-to-Consumer Transaction (ECCPG Guidelines).9 Section IV explores possible legal frameworks for regulating online transactions and discusses the advantages and consequences of adopting such frameworks. Finally, Sections V and VI offer a response and conclusion on how electronic commerce may be monitored in order to provide appropriate protection and legal certainty to citizens and businesses around the world. DISCUSSION I. E-COMMERCE AND ITS DEVELOPMENT IN THE GLOBAL MARKETPLACE A. What is E-Commerce? Electronic Commerce (E-Commerce) as a general concept includes ""any form of business transaction in which the parties interact electronically rather than by physical exchanges or direct physical contact.""10 These types of business transactions are usually separated into two categories: business-to-business transactions and business-to-consumer transactions.11 This Note is principally concerned with transactions between businesses and consumers. The business-consumer category primarily relates to electronic retailing, which has expanded significantly with the introduction of the Internet.12 There are well over 70 million websites offering all sorts of services and products, ranging from books and music to wine and art.13 Although consumer E-Commerce is still in its infancy,14 several examples have emerged.15 A few of these will serve to illustrate the commercial relationship between consumers and businesses over the Internet. * Internet Book Shop (http://www.bookshop.co.uk): The Internet Book Shop (iBS) has no physical boundaries; it exists only as a Web site on the Internet. …",35,2,425,,The Internet; Private sector; Dispute resolution; Consumer-to-business; Business; Law; Legal certainty; Consumer protection; Database transaction; E-commerce,,,,,https://www.questia.com/library/journal/1P3-423247601/adapting-to-a-new-world-of-e-commerce-the-need-for,https://www.questia.com/library/journal/1P3-423247601/adapting-to-a-new-world-of-e-commerce-the-need-for,,,304760045,,0,,9,false,,
146-601-441-383-835,Full Faith and Credit - A Suggested Approach to the Problem of Recognition of Foreign Corporations,,1941,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Harold Wright Holt,"A corporation formed under a general statute of state X seeks to conduct in state Y an intrastate business 1 of a kind which Y permits corporations to carry on if created under its own general corporation statute. By this statute requiring corporations wishing to carry on intrastate business of that kind to be associations of its own creation, Y has ""excluded"" foreign corporations.2 Our inquiry is: Can Y so secure a monopoly of local business 3 to its own corporations? Even when no claim to immunity from unlimited personal liability is involved, Y might perhaps reserve the use or exploitation of certain of its natural resources to its own citizens,-e. g., the privilege of planting oysters in its tidal waters.4 Perhaps it could reserve to its own citizens even the privilege of disposing in trade of the oysters there raised. However, apart from a few exceptional cases a state may not under the privileges and immunities clause exclude citizens of other states from doing within its borders a local business of a kind which it permits its own citizens to do.5 Nor can it exclude citizens of other states from doing through the agency of other human beings local business of a kind which it permits or would permit its own citizens to do through the same persons as agents.6 When, however, the benefit of limited liability is desired, Y has decreed that it is available only by virtue of the local corporation laws. Although Y holds that the use of the corporate form of organization is dictated by the needs of modern commercial enterprise and permits an indefinite number of domestic corporations to carry on this particu-",89,4,453,,Agency (sociology); Limited liability; Business; Actuarial science; Statute; Law and economics; State (polity); Corporation; Privilege (computing); Monopoly; Privileges and Immunities Clause,,,,,https://www.jstor.org/stable/3308835 https://core.ac.uk/display/151690324 https://scholarship.law.upenn.edu/penn_law_review/vol89/iss4/3/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9130&context=penn_law_review https://core.ac.uk/download/151690324.pdf,http://dx.doi.org/10.2307/3308835,,10.2307/3308835,780776658,,0,,0,true,,green
146-685-476-465-137,Federal courts in foreign systems,,1948,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Stefan A. Riesenfeld; John N. Hazard,,13,1,29,63,Political science,,,,,https://scholarship.law.duke.edu/lcp/vol13/iss1/2/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2338&context=lcp https://core.ac.uk/display/62557622 https://core.ac.uk/download/62557622.pdf,http://dx.doi.org/10.2307/1190102,,10.2307/1190102,1600255875,,0,,1,true,,green
147-194-888-271-152,The Foreclosure of Vessel Mortgages in Admiralty,,1921,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Clarence A. Miller,,70,1,22,,Economy; Business; Foreclosure; Financial system,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7844&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol70/iss1/3/ https://core.ac.uk/display/151689685 https://core.ac.uk/download/151689685.pdf,http://dx.doi.org/10.2307/3314116,,10.2307/3314116,797700787,,0,,0,true,,green
147-233-487-018-577,Set‐off under the European insolvency regulation (and English law),2020-04-19,2020,journal article,International Insolvency Review,11800518; 10991107,Wiley,United Kingdom,Gerard McCormack,"© 2020 INSOL International and John Wiley & Sons Ltd. This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution and reproduction in any medium, provided the original work is properly cited.",29,1,100,117,English law; Attribution; Work (electrical); Set (abstract data type); Political science; Law and economics; Reproduction (economics); License; Creative commons; Insolvency,,,,,https://onlinelibrary.wiley.com/doi/10.1002/iir.1373 https://onlinelibrary.wiley.com/doi/pdf/10.1002/iir.1373 https://core.ac.uk/download/305122512.pdf,http://dx.doi.org/10.1002/iir.1373,,10.1002/iir.1373,3016658505,,0,,0,true,cc-by,hybrid
147-531-697-647-879,Antitrust and the Regulated Industry: Promoting Competition in Broadcasting,,1964,journal article,Duke Law Journal,00127086,JSTOR,United States,Roscoe L. Barrow,,1964,2,282,,,,,,,https://core.ac.uk/download/62552208.pdf,http://dx.doi.org/10.2307/1371265,,10.2307/1371265,,,0,,0,true,,green
147-706-621-744-893,Managing medical information systems: can patients' privacy be protected or should we simply give up?,,2000,journal article,International Journal of Healthcare Technology and Management,13682156; 17415144,Inderscience Publishers,United Kingdom,Urs E. Gattiker; Rainer Fahs; Jaroslav Blaha,"Rapid cost escalation in healthcare has forced governments and associated businesses to reduce or at least contain rising healthcare costs. One viable approach has been to improve medical record keeping and its accessibility by parties involved in care taking and administration. Divergent stakeholder demands for information and its privacy may result in conflicts between parties (e.g., insurers versus patients). Encryption technology may help to protect the privacy and confidentiality of patients' information. Unfortunately, governments demand to be given the possibility of intercepting and monitoring such electronic data transfer for administrative, legal and law enforcement purposes, should the need arise, is threatening the privacy of patients. This paper reviews these issues and highlights some of the problems and pitfalls various stakeholders are faced with considering medical information, privacy, encryption and law enforcement needs in an international context. Implications for managers and system specialists are described, and how these issues may affect direct marketing, customer databases and electronic commerce is discussed.",2,1/2/3/4,296,336,Privacy policy; Internet privacy; Information privacy; Business; Privacy by Design; Law enforcement; Electronic data; Computer security; Privacy software; Masking (Electronic Health Record); Cost escalation,,,,,https://www.inderscienceonline.com/doi/abs/10.1504/IJHTM.2000.001074 https://vbn.aau.dk/en/publications/managing-medical-information-systems-can-patients-privacy-be-protected-or-should-we-simply-give-up(1a998c60-8093-11db-8b97-000ea68e967b).html https://www.inderscience.com/link.php?id=1074,http://dx.doi.org/10.1504/ijhtm.2000.001074,,10.1504/ijhtm.2000.001074,2111158325,,0,,0,false,,
147-753-892-940-599,Federal Criminal Jurisdiction and Prosecutors’ Discretion,,1948,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,L. B. Schwartz,"offenses, occupying approximately one quarter of the federal judges' time,1 had its meager beginnings before the birth of constitutional federal government itself. The Articles of Confederation provided that ""the United States in Congress assembled, shall have the sole and exclusive right and power of . . . appointing courts for the trial of piracies and felonies committed on the high seas. . . .""2 The Constitution defined treason and expressly authorized Congress to punish the counterfeiting of United States securities and coins, as well as piracies and felonies on the high seas and offenses against the law of nations.3 But the great bulk of federal criminal activity rests upon the constitutional power of Congress to enact laws ""necessary and proper"" to the execution of specifically conferred powers, for there are no commonlaw crimes in federal jurisprudence.4 The first federal criminal legislation, antedating",13,1,64,87,Subject-matter jurisdiction; Common law; Judicial discretion; Political science; Law; Constitution; Legislation; Discretion; Criminal jurisdiction; Intervention (law),,,,,https://core.ac.uk/display/62557624 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2339&context=lcp https://scholarship.law.duke.edu/lcp/vol13/iss1/3/ https://core.ac.uk/download/62557624.pdf,http://dx.doi.org/10.2307/1190103,,10.2307/1190103,1555786690,,0,,2,true,,green
148-156-066-091-899,Sections 9 and 10 of the Rivers and Harbors Act of 1899: The Erosion of Administrative Control by Environmental Suits,1980-02-01,1980,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,David Lawrence Hankey,,29,1,170,204,Erosion; Environmental law; Inland navigation; Environmental science; Water resource management,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2734&context=dlj https://scholarship.law.duke.edu/dlj/vol29/iss1/5/ https://core.ac.uk/download/62550481.pdf,https://scholarship.law.duke.edu/dlj/vol29/iss1/5/,,,1607545451,,0,,2,true,,
148-694-317-439-270,Railroad Reorganization Since Enactment of Section 77,,1948,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,null De Forest Billyou,,96,6,793,,Political science; Section (archaeology); Forensic engineering,,,,,https://core.ac.uk/display/151690137 https://scholarship.law.upenn.edu/penn_law_review/vol96/iss6/2/ https://core.ac.uk/download/151690137.pdf,http://dx.doi.org/10.2307/3309494,,10.2307/3309494,784107771,,0,,0,true,,green
148-801-762-391-632,‘Graduated Response’ à l'Anglaise: Online Copyright Infringement and the Digital Economy Act 2010,,2011,journal article,Journal of Media Law,17577632; 17577640,Informa UK Limited,United Kingdom,Anne Barron,"This article undertakes a comprehensive examination of sections 3-16 of the Digital Economy Act (DEA) 2010, a controversial copyright enforcement initiative that, if implemented, will trigger a species of 'graduated response' to online copyright infringement in the United Kingdom.; ; The article first identifies the regulatory strategy embodied in the relevant provisions, the legal context that frames them, and the background to their inclusion in the DEA. It then analyses in detail the obligations that will be imposed on Internet access providers – and the implications for Internet users – if the provisions are brought fully into effect. Overall, the article aims to illuminate the circumstances in which the provisions were drafted and reveal the conflicts they have generated – conflicts that continue to yield challenges both to their legality and to their legitimacy, and could yet make them a dead letter.",3,2,305,347,Political science; Law and economics; Digital economy; Graduated response; Copyright infringement; Enforcement; Context (language use); Principle of legality; Legitimacy; Internet access,,,,,http://eprints.lse.ac.uk/41708/ https://www.tandfonline.com/doi/abs/10.5235/175776311799280773 https://core.ac.uk/download/223754.pdf,http://dx.doi.org/10.5235/175776311799280773,,10.5235/175776311799280773,3122328054,,0,033-838-520-927-800; 089-782-183-903-550; 089-879-543-083-076; 137-733-603-203-875; 180-344-158-918-118,5,true,,green
149-032-946-896-89X,The Constitutional Insignificance of Funding for Federal Mandates,,1997,journal article,Duke Law Journal,00127086,JSTOR,United States,Patricia T. Northrop,"In recent years, elected officials, legal commentators, and the national media have focused a great deal of attention on federal statutes that impose obligations on state and local governments without funding the costs of compliance.' State and local officials frequently complain about the severe impact of these unfunded mandates2 on their budgets:3 the rising cost of such mandates may force states to increase taxes, cut back on existing services, or",46,4,903,930,Business; Statute; Insignificance; State (polity); Compliance (psychology); Public administration; Unfunded mandate,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3338&context=dlj https://www.jstor.org/stable/1373005 https://scholarship.law.duke.edu/dlj/vol46/iss4/5/ https://core.ac.uk/display/62549165 https://core.ac.uk/download/62549165.pdf,http://dx.doi.org/10.2307/1373005,,10.2307/1373005,1519958725,,0,,0,true,,green
149-834-314-268-371,Global Corporate Governance: Implications For A Functionally Harmonized Legal Infrastructure,2011-02-11,2011,journal article,Journal of Business & Economics Research (JBER),21578893; 15424448,Clute Institute,,Mark S. Blodgett; Stephen A. Kane,"As developing and centrally planned economies shift toward decentralized market economies, they will revise their corporate governance rules to attract foreign investors and foster economic growth. However, the expansion of firms internationally creates the immediate problem of cross-border bankruptcy and policy makers will eventually have to turn to functional harmonization of national bankruptcy laws as well as other means of corporate governance to maintain fairness and to facilitate a freer flow of cross-border investment. We propose three major changes to global governance: (1) a functionally harmonized system of bankruptcy laws that supersede national bankruptcy laws (2) contractual corporate governance via securities exchange listing and (3) arbitration as a means to enforce global recourse.",1,6,,,Accounting; Arbitration; Economics; Planned economy; Global governance; Investment (macroeconomics); Listing (finance); Harmonization; Market economy; Corporate governance; Bankruptcy,,,,,https://www.cluteinstitute.com/ojs/index.php/JBER/article/view/3019 https://core.ac.uk/download/pdf/268112367.pdf,http://dx.doi.org/10.19030/jber.v1i6.3019,,10.19030/jber.v1i6.3019,2177695926,,0,001-867-030-914-38X; 015-414-879-361-880; 018-034-547-064-972; 018-075-278-238-815; 031-926-046-446-31X; 145-112-256-804-251; 151-106-905-896-923,4,true,,bronze
150-754-306-555-27X,Legal Aspects of Soviet-Japanese Trade,,1972,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Tokusuke Kitagawa,,37,4,557,570,International trade; Political science; Trade barrier,,,,,https://core.ac.uk/display/62555416 https://scholarship.law.duke.edu/lcp/vol37/iss4/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3384&context=lcp https://core.ac.uk/download/62555416.pdf,http://dx.doi.org/10.2307/1191140,,10.2307/1191140,1542336498,,0,,0,true,,green
152-880-740-615-01X,Trademark infringement by domain name registrars,,2011,journal article,Acta Juridica Hungarica,12162574; 15882616,Akademiai Kiado Zrt.,Hungary,Sándor Vida,"section 27(4) of the Trademark Act, as amended in 2005, provides enforcement against intermediaries whose services are used by a third party (that is usually the infringer itself) for the infringement. In the HYUNDAI case the registrars of the domain names, trusted by the resellers of cars having formerly been members of the HYUNDAI commercial chain in Hungary, were sued together with the resellers for the reason that they did not cancel the registration of the domain names after the commercial chain had been ceased. The Hungarian courts of first and second instance built their judgements on the ECJ’s BMW judgement (C-63/97). Emphasis is given also on a case relating to infringement by an operator of an Internet home page, as the latter was condemned by the Hungarian Court of first instance for not complying with the Act on Electronic Commerce. Nevertheless, the court of second instance condemned him not therefore but for the tort in respect of the provisions of the Civil Code, e.g. for injury of reputation. Finally, the article is closed by an outlook on ideas on the development of EC law relating to liability of intermediaries.",52,4,341,347,Business; Law; Tort; Judgement; Civil code; Liability; Trademark; Home page; Enforcement; Trademark infringement,,,,,https://akjournals.com/view/journals/026/52/4/article-p341.xml https://core.ac.uk/download/78475377.pdf,http://dx.doi.org/10.1556/ajur.52.2011.4.6,,10.1556/ajur.52.2011.4.6,1981595537,,0,,0,true,,green
153-392-524-147-059,A Study on ODR Enforcement for Disputes Arising from Cross-border E-Commerce,2016-10-31,2016,journal article,The e-Business Studies,12299936,Global e-Business Association,,Sungho Bae,"Unprecedented growth of cross-border e-commerce has triggered increasing number of disputes arising between parties located in different jurisdictions. There have been efforts to enact well-established ODR laws and create well-functioning ODR platform in both state and international levels. SuchODR laws and systems are essential to provide confidence for the parties involved in cross-border e-commerce. The UNCITRAL Working Group III has held numerous sessions for active discussions to establish an ODR system applicable to multiple jurisdictions. In the meantime, the EU set an example by enacting ODR Regulation applicable for e-commerce consumers and traders. This paper will analyze the UNCITRAL Working Group III’s progress on making the ODR system, review the EU’s laws on ADR and ODR, and examine ODR in South Korea.",17,5,167,181,Business; Law; State (polity); Enforcement; E-commerce,,,,,http://ebizstudy.org/_common/do.php?a=full&bidx=714&aidx=9586 http://www.dbpia.co.kr/Journal/ArticleDetail/NODE07093624,http://dx.doi.org/10.20462/tebs.2016.10.17.5.167,,10.20462/tebs.2016.10.17.5.167,2589264998,,0,007-680-251-354-935; 067-063-761-357-178; 067-498-283-670-786; 111-210-277-913-807; 161-134-165-887-642; 189-370-361-667-058,0,false,,
153-594-235-728-119,Cyber crime: A challenge to forensic science,2015-06-01,2015,journal article,IAHRW International Journal of Social Sciences Review,23473797,,,Pranav Prakash,"Information technology represents the fourth generation of human communication after sight, oral and written communication. With the advent of this technology the landscape has dramatically changed. In the latter of half of the twentieth century, computers became very popular and proliferated into all sectors of the economy, such as banks, industry, commerce, police, military, scientific research, health and other governmental agencies. Computers not only facilitate smooth, efficient and quick functioning in the organization but also store vital information whose value cannot be truly estimated. Explosive growth of the internet, e-commerce and personal computing has given rise to different types of cyber crimes. The security concerns and computer abuse, the side effects of this technology, have moved to the forefront of the consciousness of law enforcement agencies. The laws, which were made for the written language will now have to be changed to suit the digital language. The present paper reviews challenges faced by forensic science.",2,2,,,Internet privacy; The Internet; Information technology; Sociology; Economic sector; Consciousness; Value (ethics); Law enforcement; Written language; Human communication; Computer security,,,,,https://www.myresearchjournals.com/index.php/IIJSSR/article/view/1664/0,https://www.myresearchjournals.com/index.php/IIJSSR/article/view/1664/0,,,2725562802,,0,,0,false,,
153-631-978-279-078,Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA,2020-02-21,2020,journal article,Revista Amazonia Investiga,23226307,Amazonia Investiga,,Minas R. Arakelian; Olga Ivanchenko; Oleg Todoshchak,"The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.",9,26,60,67,The Internet; Information technology; Dispute resolution; Alternative dispute resolution; Business; Online dispute resolution; Mediation; Law and economics; European union; Single market,,,,,http://dspace.onua.edu.ua/handle/11300/14216 https://www.amazoniainvestiga.info/index.php/amazonia/article/view/1107 https://www.amazoniainvestiga.info/index.php/amazonia/article/download/1107/1014 https://core.ac.uk/download/pdf/328005539.pdf,http://dx.doi.org/10.34069/ai/2020.26.02.6,,10.34069/ai/2020.26.02.6,3011897318,,0,,1,true,,gold
153-759-042-550-521,"Horizontal Mergers, Market Structure, and Burdens of Proof",,2017,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Herbert J. Hovenkamp; Carl Shapiro,"Since the Supreme Court’s landmark 1963 decision in Philadelphia National Bank, antitrust challengers have mounted prima facie cases against horizontal mergers that rested on the level and increase in market concentration caused by the merger, with proponents of the merger then permitted to rebut by providing evidence that the merger will not have the feared anticompetitive effects. Although the way that concentration is measured and the triggering levels have changed over the last half century, the basic approach has remained intact. This longstanding structural presumption, which is well supported by economic theory and evidence, has been critical to effective merger enforcement. We suggest some ways to strengthen it further. ; One critical assumption in this burden shifting framework is that the goal of merger policy is to protect consumers against high prices or reduced output, product variety, product quality, or innovation (“consumer welfare”). If the goal is something else, such as deterring industrial concentration to control corporate political power, or protecting small firms from larger competitors, then the structural presumption must be viewed differently. The bulk of this essay examines and defends the role of structural presumptions in the present legal world where protection of consumer welfare is the point of merger enforcement. We also briefly consider a legislative proposal that could be seen as departing from this norm, offering some guidance concerning how this proposal could be improved so as to strengthen merger enforcement, in part by making it easier for the government to establish its prima facie case.",,,,,Public economics; Market structure; Prima facie; Economics; Law and economics; Supreme court; National bank; Market concentration; Enforcement; Presumption; Legislature,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3046224 https://core.ac.uk/display/151696425 https://autopapers.ssrn.com/sol3/papers.cfm?abstract_id=3046224 https://core.ac.uk/download/151696425.pdf,http://dx.doi.org/10.2139/ssrn.3046224,,10.2139/ssrn.3046224,2762932947,,0,058-655-014-267-016,6,true,,green
153-933-810-735-555,Foreign Communist Propaganda in the Mails: A Report on Some Problems of Federal Censorship,,1959,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Murray L. Schwartz; James C. N. Paul,,107,5,621,,Political science; Law; Censorship; Communism,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7046&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol107/iss5/2/ https://core.ac.uk/display/151689108 https://core.ac.uk/download/151689108.pdf,http://dx.doi.org/10.2307/3310503,,10.2307/3310503,793201610,,0,,4,true,,green
155-521-649-550-379,"By Force of Arms: Rape, War, and Military Culture",,1996,journal article,Duke Law Journal,00127086,JSTOR,United States,Madeline Morris,,45,4,651,781,Military operations other than war; Political science; Military personnel; Sexual behavior; Military culture; Military science; Military sociology; Military psychology; Criminology; Social psychology,,,,,https://scholarship.law.duke.edu/dlj/vol45/iss4/1/ https://core.ac.uk/display/62549233 https://dx.doi.org/10.2307/1372997 https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3304&context=dlj https://core.ac.uk/download/62549233.pdf,http://dx.doi.org/10.2307/1372997,,10.2307/1372997,1515702811,,0,,151,true,,green
155-580-867-529-068,Joinder of Non-Consenting Parties: The Singapore International Commercial Court Approach Meets Transnational Recognition and Enforcement,,2019,journal article,Erasmus Law Review,22102671,Boom Uitgevers Den Haag,,Drossos Stamboulakis; Blake Crook,"In this article we explore the approach of the Singapore International Commercial Court (the SICC) to jurisdiction and joinder of non-consenting parties and the way that any resulting judgments are likely to be treated by foreign enforcing courts. This novel juncture arises as international commercial courts, such as the SICC, rely predominantly upon party autonomy to enliven their jurisdiction over disputants. This does not require any territorial link of the parties or the dispute to the host jurisdiction (Singapore). At the same time, however, the SICC is granted a mandate under Singaporean law to join non-consenting parties, again with no necessary territorial link. Where such joinder occurs, any resulting judgment is likely to face significant difficulties if recognition and enforcement is sought outside of Singapore. To support this argument, we first set out the ways in which non-consenting disputants may be joined to proceedings before the SICC and offer some initial thoughts on how these powers are likely to be exercised. Second, we argue that any such exercise of jurisdiction – that lacks either territorial or consent-based jurisdiction grounds – is unlikely to gain support internationally, by reference to transnational recognition-and-enforcement approaches, and the SICC’s most likely recognition-and-enforcement destinations. Finally, we offer some concluding remarks about the utility of international commercial court proceedings against non-consenting parties, including the possibility they may impact on domestic recognition-and-enforcement approaches in foreign States.",12,1,98,110,Political science; Law; Mandate; Destinations; Jurisdiction; Face (sociological concept); Joinder; Enforcement; Argument; Autonomy,,,,,http://elr.tijdschriften.budh.nl/tijdschrift/ELR/2019/1/ELR-D-18-00018 https://www.elevenjournals.com/tijdschrift/ELR/2019/1/ELR-D-18-00018 https://www.narcis.nl/publication/RecordID/oai%3Arepub.eur.nl%3A120270 https://www.bjutijdschriften.nl/tijdschrift/ELR/2019/1/ELR-D-18-00018 https://repub.eur.nl/pub/120270 https://research.monash.edu/en/publications/joinder-of-non-consenting-parties-the-singapore-international-com http://www.erasmuslawreview.nl/tijdschrift/ELR/2019/1/ELR-D-18-00018 https://repub.eur.nl/pub/120270/ELR_2019_012_001_010.pdf https://core.ac.uk/download/237100276.pdf,http://dx.doi.org/10.5553/elr.000122,,10.5553/elr.000122,2981774762,,0,,1,true,cc-by-nc-sa,gold
155-592-730-425-370,Economic and Regulatory Aspects of Liquor Licensing,,1964,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Harvey J. Levin,,112,6,785,,,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol112/iss6/1/ https://core.ac.uk/display/151688750 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6501&context=penn_law_review https://core.ac.uk/download/151688750.pdf,http://dx.doi.org/10.2307/3310660,,10.2307/3310660,820006317,,0,,0,true,,green
155-658-434-755-358,Reality Check: The lack of consensus on new trade rules to govern the digital economy,2020-04-01,2020,journal article,Journal of World Trade,10116702,Kluwer Law International BV,,Simon Lacey,"<jats:p><jats:italic>This article makes three arguments. First, that beyond a very narrow set of largely uncontroversial disciplines on domestic legislative reforms to facilitate or promote e-commerce and cooperate in this area, it has proven and will likely continue to prove extremely difficult to establish anything but the most superficial consensus with respect to meaningful new trade rules to govern the digital economy. Second, it argues that with respect to a second set of rules that seek to establish genuine and enforceable constraints to governments’ ability to effect harmful regulatory interventions in the digital economy, the textual outcomes that have emerged so far in trade agreements such as the CPTPP are so riddled with broadly formulated exceptions and carve-outs, that there is little prospect for business to obtain the predictability and certainty that these new rules should ideally promise. Finally, this article argues that a set of exogenous factors has conspired to make the need to establish consensus on new trade rules to govern the digital economy more urgent but also infinitely more difficult, including but not limited to a backlash against technology the rise in income inequality in advanced industrialized countries, a resurgence in protectionism, and an America no longer willing to show constructive leadership that threatens to permanently cripple the rules based multilateral trading system.</jats:italic></jats:p>; <jats:p>Digital trade, e-commerce, consensus, WTO, CPTPP, protectionism, backlash, big-tech, US-China, trade war</jats:p>",54,Issue 2,199,218,,,,,,,http://dx.doi.org/10.54648/trad2020009,,10.54648/trad2020009,,,0,,0,false,,
156-077-830-931-473,Dismantling Civil Rights: Multiracial Resistance and Reconstruction,,2001,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Eric K. Yamamoto; Susan K. Serrano; Minal Shah Fenton; James Gifford; David M. Forman; Bill Hoshijo; Jayna Kim,,,,,,Political economy; Political science; Civil rights; Resistance (psychoanalysis); Development economics,,,,,http://scholarspace.manoa.hawaii.edu/handle/10125/66067 https://scholarspace.manoa.hawaii.edu/bitstream/10125/35341/1/Yamamoto_31CumbLRev523.pdf https://scholarspace.manoa.hawaii.edu/handle/10125/66067 https://www.ssrn.com/abstract=1966280 http://core.ac.uk/display/32299759 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1966280 https://core.ac.uk/download/32299759.pdf,http://dx.doi.org/10.2139/ssrn.1966280,,10.2139/ssrn.1966280,2265452840,,0,,2,true,,green
157-807-552-799-086,Selective Prosecution and the Federalization of Criminal Law: The Need for Meaningful Judicial Review of Prosecutorial Discretion,,1997,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Robert Heller,"On March 9, 1994, Frank Ferris was indicted on one count of possession with intent to distribute cocaine base, or crack-cocaine (""crack""), in violation of 21 U.S.C. ? 841. He was subsequently convicted and sentenced to five years imprisonment.' This conviction and sentence was based on a drug sale to an undercover police officer of twenty dollars worth of crack, an amount small enough to have been wrapped in a gum wrapper.2 This crime, although prosecuted in federal court, could have been prosecuted in state court under apt plicable state law.3 What motivated federal prosecutors to charge Mr. Ferris in federal court? Perhaps he was part of a larger interstate or international cocaine ring that implicated substantial federal interests. Perhaps he was a recidivist whom prosecutors believed deserved more severe federal penalties. There are a number of rational motivations for prosecuting Mr. Ferris in federal court. Irrational and even unconstitutional motivations, however, are distinct possibilities",145,5,1309,,Possession (law); Judicial discretion; Political science; Law; Criminal law; Officer; Conviction; Sentence; Imprisonment; Judicial review; Criminology,,,,,https://www.jstor.org/stable/3312667 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3489&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol145/iss5/4/ https://core.ac.uk/download/151686076.pdf,http://dx.doi.org/10.2307/3312667,,10.2307/3312667,1492370395,,0,,14,true,,green
157-931-114-684-340,"What Intellectual Property Lawyers can learn from Barbra Streisand, Sepp Blatter, and the ""Coca-Cola Cry-Baby"": Dealing with ""Trademark Bullying"" in South Africa",2017-05-17,2017,journal article,Potchefstroom Electronic Law Journal,17273781,Academy of Science of South Africa,,Andre M. Louw,"This article suggests some pause for reflection amongst intellectual property lawyers, and for serious consideration of the words of an internationally-renowned IP law expert: ""Possessing a right does not mean that it is a good idea to enforce it always, and to the hilt. Discretion may be nine parts of possession"". It provides some prominent, recent examples of trademark bullying or overly-aggressive enforcement in the IP law context. These examples are mainly from other jurisdictions but they are directly relevant to some of the IP law challenges present in South Africa at the moment.  The article further examines why lawyers and rights' holders engage in trademark bullying ( why it's done), and start to deal briefly with some of the legal implications. A future article is to examine the legal aspects of trademark bullying in much more detail and considers its legitimacy within the context of IP law, more generally, and some other areas of law, more specifically.",16,5,1,42,Possession (law); Cease and desist; Ambush marketing; Economics; Law; Litigation strategy; Discretion; Trademark; Trademark infringement; Intellectual property,,,,,https://journals.assaf.org.za/per/article/download/2430/2186 https://doaj.org/article/147e8de0ee5f4faaa39978d7c781891a http://www.scielo.org.za/pdf/pelj/v16n5/02.pdf https://perjournal.co.za/article/download/2430/2186 https://www.ajol.info/index.php/pelj/article/download/101882/91931 https://journals.assaf.org.za/per/article/view/2430 https://journals.co.za/content/perblad/16/5/EJC150039 https://dspace.nwu.ac.za/bitstream/handle/10394/10230/2013%2816%295LouwART-2%5b1%5d.pdf?sequence=1 http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-37812013000500002 https://perjournal.co.za/article/view/2430 https://repository.nwu.ac.za:443/handle/10394/10230 https://www.ajol.info/index.php/pelj/article/view/101882 https://core.ac.uk/download/pdf/231092337.pdf,http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2430,,10.17159/1727-3781/2013/v16i5a2430,2007763365,,0,018-844-978-387-436; 020-474-380-037-032; 025-343-690-937-484; 065-557-394-270-018; 085-239-749-341-180; 094-241-828-476-867; 104-097-734-750-885; 132-590-677-634-179; 158-781-763-735-297; 173-869-666-648-386; 177-224-560-298-418,0,true,cc-by,gold
158-431-274-865-955,LEGAL APPROACHES TO ONLINE ARBITRATION: OPPORTUNITIES AND CHALLENGES IN INDONESIA,2016-06-27,2016,journal article,Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada,24430994; 0852100x,Universitas Gadjah Mada,,Agustina Fitrianingrum; Rina Shahriyani Shahrullah; Elza Syarief,"Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approach. It is concluded that business people should not be doubtful to use online arbitration to settle their business disputes since it is valid and its awards are enforceable in Indonesia. Intisari Penggunaan elektronik dan internet dalam bisnis memberikan banyak peluang bagi pelaku bisnis untuk memperluas jaringan bisnisnya. Arbitrase online merupakan salah satu mekanisme yang memberikan alternative solusi ketika terjadi perselisihan dalam bisnis. Namun, pelaku bisnis akan menghadapi berbagai tantangan dalam menggunakan arbitrase online di Indonesia karena hukum arbitrase di Indonesia yang diatur dalam Undang-Undang No.30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa tidak secara khusus mengatur hal-hal yang menyangkut arbitrase online. Penelitian ini bertujuan untuk memberikan dasar pemikiran bukti pendukung terkait bahwa hukum di Indonesia juga mendukung pelaksanaan arbitrase online. Penelitian ini menggunakan pendekatan hukum normatif dengan metode kualitatif digunakan untuk mengalisa hukum di Indonesia yang relevan. Hasil penelitian ini menyimpulkan bahwa pelaku bisnis seharusnya tidak perlu merasa khawatir menggunakan arbitrase online untuk menyelesaikan sengketa bisnis karena hasil keputusan arbitrase online jelas dan dapat dieksekusi di Indonesia.",28,2,314,321,Arbitration; Political science; Law,,,,,https://www.neliti.com/publications/116051/legal-approaches-to-online-arbitration-opportunities-and-challenges-in-indonesia https://journal.ugm.ac.id/jmh/article/download/16724/11025 https://journal.ugm.ac.id/jmh/article/view/16724/11025 https://jurnal.ugm.ac.id/jmh/article/download/16724/11025 https://jurnal.ugm.ac.id/jmh/article/view/16724/11025 https://media.neliti.com/media/publications/116051-EN-legal-approaches-to-online-arbitration-o.pdf,http://dx.doi.org/10.22146/jmh.16724,,10.22146/jmh.16724,2562020321,,0,012-812-794-367-137; 087-036-245-638-055,0,true,cc-by,gold
159-274-493-416-13X,Federalism: The Next Generation,,2000,journal article,Loyola of Los Angeles law review,01479857,,,Richard E. Levy,"This essay is part of a symposium on a series of Supreme Court decisions during the 1990s that reinvigorated, and at times reinvented, federalism-based limits on congressional power, a constitutional doctrine that has lain dormant since a trilogy of post-New Deal decisions repudiating the Court’s Lochner era jurisprudence of reserved state powers. The long term practical impact of the recent decisions remains unclear, even if the basic contours of the new doctrine are fairly discernable. Indeed, the new federalism raises more questions than it answers, and its final frontiers will depend on how the Supreme Court resolves this next generation of federalism questions.I focus on one subset of questions raised by the recent federalism decisions: their implications for the scope of “other” federal powers, particularly the power to enforce the Reconstruction Amendments and the spending power. Until recently, the commerce power has been the dominant focus of cases concerning the scope of federal authority, and the Supreme Court has paid relatively less attention to the scope of other federal powers. But many of the new federalism limits are specific to the commerce power and do not appear to apply to other federal powers. In light of new sovereignty-based limits on the commerce power, including the “no commandeering rule” and decisions denying Congress the authority to abrogate state sovereign immunity under the commerce power, the power to enforce the Reconstruction Amendments and the spending power are especially attractive and potentially expansive alternative bases of authority for federal action. It is therefore to be expected that the courts will increasingly confront questions concerning the scope of these other federal powers. How the courts resolve those questions will go a long way toward determining whether the new federalism effects a significant practical shift in the balance of federal and state authority. Beyond its practical significance, the resolution of these issues is of immense doctrinal interest because the courts are engaged in their first extended analysis of the scope of congressional power to enforce the Reconstruction Amendments since the nineteenth century, and may soon address the spending power in much the same way.",33,4,1629,,Sovereign immunity; New Federalism; Political science; Sovereignty; Law and economics; State (polity); Supreme court; Commandeering; Supreme Court Decisions; Federalism,,,,,http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2243&context=llr https://kuscholarworks.ku.edu/bitstream/1808/11409/1/Abstract%20of%20Federalism%20The%20Next%20Generation.docx https://digitalcommons.lmu.edu/llr/vol33/iss4/11/ https://kuscholarworks.ku.edu/handle/1808/11409,https://digitalcommons.lmu.edu/llr/vol33/iss4/11/,,,3124257843,,0,,2,false,,
159-335-180-400-539,Are Browse-wrap Agreements Legally Binding: As Analysed Across Multiple Jurisdictions,2020-08-14,2020,journal article,International Journal of Innovative Science and Research Technology,24562165,International Journal of Innovative Science and Research Technology,,Aashana Chandak,<jats:p>Browse-wrap agreements are e-contracts that lack the element of express consent which creates ambiguity in their enforcement across countries like India and Canada. The United States of America has through a plethora of case laws attempted to follow a framework with a adequate communication of notice system which is subjected to consumer protection concerns. With the recent enforcement of the General Data Protection Regulations(GDPR)in the European Union it has led to the complete abandonment of the browse-wrap agreements due to the lack of the consentbeing explicitly provided. Leading to the rise in the recognition of theclick-wrap agreements being adopted as a standardized form of e-commerce contracts across jurisdictions</jats:p>,5,7,1333,1336,Internet privacy; Business; Browse wrap,,,,,http://dx.doi.org/10.38124/ijisrt20jul858,http://dx.doi.org/10.38124/ijisrt20jul858,,10.38124/ijisrt20jul858,3049681128,,0,,0,true,,gold
159-750-718-537-309,Will the General Agreement on Trade in Services Necessitate Federal Involvement in Lawyer Regulation? Some Constitutional Implications of Regulating the Global Lawyer,2005-04-26,2005,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Ryan W. Hopkins,"It has been over seven years since the California Supreme Court thrust the thorny issues associated with multijurisdictional legal practice onto the American Bar’s agenda with its decision in Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court of Santa Clara County. The Birbrower court held that a New York law firm, none of whose attorneys were admitted to practice law in California, committed the unauthorized practice of law by advising a California corporation in an impending California arbitration. Most troubling from a practitioner’s perspective was the court’s suggestion that an attorney might practice law “in California,” and thereby commit the unauthorized practice of law there, by “virtually” entering the state through telephone, fax, or e-mail. The Birbrower decision generated a great deal of anxiety among American lawyers and prompted the American Bar Association to create a Commission on Multijurisdictional Practice (“MJP Commission”). The MJP Commission was formed in July 2000, with a mandate to report on the state of multijurisdictional practice in the United States and to make recommendations that would facilitate that practice in the public interest.",66,3,,,Precedent; Sociology; Arbitration; Law; Mandate; Commission; Practice of law; Supreme court; Corporation; Legal practice,,,,,http://lawreview.law.pitt.edu/ojs/index.php/lawreview/article/view/37 https://lawreview.law.pitt.edu/ojs/lawreview/article/download/37/37 http://d-scholarship.pitt.edu/17915/ https://core.ac.uk/display/12214742 https://core.ac.uk/download/12214742.pdf,http://dx.doi.org/10.5195/lawreview.2005.37,,10.5195/lawreview.2005.37,2164069523,,0,,1,true,cc-by-nc-nd,hybrid
160-467-896-575-799,A Continuing Plague: Faceless Transactions and the Coincident Rise of Food Adulteration and Legal Regulation of Quality,,2014,journal article,Wisconsin Law Review,0043650x,,,Denis Stearns,"Over two decades ago, the Jack in the Box E. coli outbreak, in which five victims died, and hundreds more were seriously injured, dramatically changed the way the world looked at food and food safety. Although deemed “trivial” by tort scholars, who nonetheless used legal doctrines first developed in food cases to justify the extension of strict liability to all products, this article uses the Jack in the Box outbreak as a point of departure for exploring not only the relationship between food, being, and knowledge, but to posit that commerce in food, and the inevitability of profit-motivated food adulteration, are central to the presumed need for regulation of quality. What this presumption ignores, however, is that regulation creates the possibility of, and in fact promotes, large-scale food systems in which the anonymity and invisibility necessary to adulteration can and will occur. When food is manufactured and marketed on a smaller, more local scale, especially as a by-product of a community’s efforts to feed itself, there is no corresponding need for regulations because the expectations of quality become largely self-enforcing and care in making increases. It is only when food-production becomes external to community, and the subject of faceless transactions, that the need for regulation appears to be imperative. This regulatory imperative is also facilitated by a modern conception of products as that which exist independent of any “real” maker, a conception that is undermined if food is used as a means of critique. Finally, looking at how the relations and interactions of people can be described as falling along a spectrum from the face-to-face to the faceless, and at the relation of people to products (especially food products), the article concludes with the bold claims that (1) law makes food less safe by facilitating commerce and thus anonymity in the market, and (2) the effectiveness of law should be judged by how well it facilitates community and, as a result, makes law less apparently needed, not more.",2014,,421,,Business; Anonymity; Law and economics; Tort; Quality (business); Presumption; Invisibility; Food safety; Strict liability; Food systems,,,,,https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1497&context=faculty https://digitalcommons.law.seattleu.edu/faculty/497/,https://digitalcommons.law.seattleu.edu/faculty/497/,,,3124945119,,0,,1,false,,
160-997-996-021-222,Regulatory Uncertainty and Corporate Responses to Environmental Protection in China,2011-10-01,2011,journal article,California Management Review,00081256; 21628564,SAGE Publications,United States,Christopher Marquis; Jianjun Zhang; Yanhua Zhou,"This article analyzes the closing gap between regulation and enforcement of environmental protection in China and explores its implications for doing business there. It identifies three major dimensions that characterize change in regulatory systems: priorities and incentives, bureaucratic alignment, and transparency and monitoring. Using these dimensions, it describes the mechanisms that characterized China’s prior period where enforcement of environmental protection was decoupled from regulation. Regulation and enforcement are becoming re-aligned. This is due to a change in national development strategy, reorganization of the bureaucracy, and increasing monitoring from both the government and general public. To address these changes, firms need to embrace environmental innovation and integrate local and global standards. They should also be more transparent and compete on reputation.",54,1,39,63,Emerging markets; Government; Economics; Enforcement; Law enforcement; Incentive; Reputation; Bureaucracy; Environmental protection; Transparency (graphic),,,,,http://or.nsfc.gov.cn/handle/00001903-5/356276 http://www.people.hbs.edu/cmarquis/CMR5401_03_Marquis.pdf http://journals.sagepub.com/doi/10.1525/cmr.2011.54.1.39 https://www.hbs.edu/faculty/Pages/item.aspx?num=41276 https://journals.sagepub.com/doi/abs/10.1525/cmr.2011.54.1.39 http://ecommons.cornell.edu/bitstream/1813/36435/1/CMR5401_03_Marquis.pdf,http://dx.doi.org/10.1525/cmr.2011.54.1.39,,10.1525/cmr.2011.54.1.39,1673257079,,0,005-946-285-217-907; 008-806-372-497-489; 010-840-726-779-813; 011-935-298-050-513; 014-991-446-112-33X; 015-271-876-692-523; 017-993-173-427-042; 020-780-041-691-051; 025-479-239-990-38X; 027-206-956-903-807; 027-562-952-433-562; 035-663-773-175-310; 048-491-461-194-09X; 051-186-000-869-135; 056-875-028-508-708; 056-937-385-760-048; 068-537-249-574-307; 071-846-033-952-37X; 077-295-610-569-574; 080-438-189-583-99X; 088-541-703-373-976; 093-643-634-327-789; 097-359-227-560-484; 118-728-718-918-015; 136-149-600-875-853; 146-108-896-919-465; 155-126-121-090-714; 166-591-176-767-553; 189-316-025-994-618,103,true,,green
161-019-638-095-415,E-commerce and Recognition and Enforcement of Judgements in the EU. Latest Developments,2010-10-10,2010,journal article,Masaryk University journal of law and technology,18025943,,,Dariusz Kloza,"On-line business increases the frequency of legal disputes. Due to the borderless nature of the Internet, both parties might originate from different jurisdictions. When a state court hears a trans-border case and renders its decision, questions regarding the recognition and enforcement of the judgement in other jurisdictions might arise, especially where the losing party has her assets. Among other concerns, this situation involves questions of predictability, efficiency and certainty of legal protection. For these reasons, private international law is highly relevant for e-commerce.  This paper has a simple aim: it outlines some recent (1999-2009) developments in the recognition and enforcement of judgements in the EU. The following instruments are discussed: the enforcement order for uncontested claims, the order for payment procedure and the small claims procedure. Having reviewed the Lisbon Treaty amendments, a few remarks on the Lugano II Convention and the proposed revision of the Brussels I Regulation are provided as well.",4,1,21,33,Political science; Law; Order (business); Judgement; Enforcement; Convention; Payment order; Conflict of laws; Certainty; E-commerce,,,,,https://journals.muni.cz/mujlt/article/view/2555/2119 https://journals.muni.cz/mujlt/article/download/2555/2119 https://biblio.vub.ac.be/iguana/ld/service/siteindex/instance/2000.65099--ecommerce-and-recognition-and-enforcement-of-judgements-in-the-eu-latest-developments https://researchportal.vub.be/en/publications/e-commerce-and-recognition-and-enforcement-of-judgements-in-the-e https://cris.vub.be/ws/files/38170196/2555_3219_1_PB.pdf https://biblio.vub.ac.be/vubirfiles/38170196/2555_3219_1_PB.pdf,https://journals.muni.cz/mujlt/article/view/2555/2119,,,2616271762,,0,,0,false,,
161-110-286-845-880,Questions of the Protection of the Consumer Rights and Interests in the Electronic Commerce Activities,,2006,journal article,Journal of Wuhu Vocational Institute of Technology,,,,Hu Ju,"E-commerce is developed day by day, the question of protection of consumers' rights and interests in e-commerce is obviously day by day too. Such as trading object fuzzily, unsafe trade, consumers' right can not be protected, sending goods difficulty, defining responsibility and jurisdiction indeterminately and so on. In order to solve these questions, we suggest take some measures such as strengthen the consciousness of consumer-safeguarding-rights, improve the laws and regulations about E-commerce, set up the trades and consumer independent management organization and high-quality law-enforcing ranks.",,,,,Business; Marketing; Set (psychology); Order (exchange); Consciousness; Consumer Bill of Rights; Jurisdiction; Object (philosophy); E-commerce,,,,,http://en.cnki.com.cn/Article_en/CJFDTOTAL-WHZY200601019.htm,http://en.cnki.com.cn/Article_en/CJFDTOTAL-WHZY200601019.htm,,,2393946842,,0,,0,false,,
161-695-271-014-052,DOES THE JUDGMENT OF THE CJEU IN GAZPROM BRING ABOUT CLARITY ON THE GRANT OF ANTI-SUIT INJUNCTIONS UNDER THE BRUSSELS I REGULATION?,2015-11-16,2015,journal article,The Denning Law Journal,02691922,University of Buckingham Press,,Jae Sundaram,"On 13 May 2015 the CJEU delivered the much anticipated judgment in Gazprom OAO v Republic of Lithuania . The CJEU had before it issues relating to the grant of anti-suit injunctions by member state courts/arbitral tribunals to enforce arbitration agreements, and also, most importantly if the Brussels I Regulation would apply to the case at hand. The case gains in significance, as the Advocate General (AG) had in December 2014, while giving his opinion on the matter had proceeded to apply a ‘future law’ on a matter pending before the courts, strongly recommended that the CJEU reconsider its judgment handed down in Allianz v West Tankers (The Front Comor) . Earlier, i n the West Tankers case the CJEU ruled that it was incompatible with the Brussels Regulation for the court of a EU Member State to grant an injunction restraining a party from commencing or continuing court proceedings brought in breach of an arbitration agreement. In reaching this decision, the CJEU held that if proceedings were to come within the scope of the Brussels I Regulation, then a preliminary issue concerning the validity of an arbitration agreement also came within the scope of the Regulation.",27,,303,322,Sociology; Arbitration; Law; CLARITY; Advocate General; Front (military); Member state; Scope (project management),,,,,http://www.bjll.org/index.php/dlj/article/view/1111 http://www.ubplj.org/index.php/dlj/article/download/1111/1026 http://www.ubplj.org/index.php/dlj/article/view/1111 https://core.ac.uk/download/pdf/235244242.pdf,http://dx.doi.org/10.5750/dlj.v27i0.1111,,10.5750/dlj.v27i0.1111,2174220368,,0,,0,true,cc-by-nc,gold
162-415-756-404-849,Co‐enforcing Labor standards: the unique contributions of state and worker organizations in Argentina and the United States,2016-06-24,2016,journal article,Regulation & Governance,17485983; 17485991,Wiley,United Kingdom,Matthew Amengual; Janice Fine,"Labor inspection is a central response to the tremendous gap between regulations on the books and outcomes for workers throughout the world. Scholarly and policy debates on labor regulation have focused attention on improving the targeting of enforcement, changing strategies of street-level agents, and creating private alternatives to state regulation. This paper argues that these proposals, while important, fail to systematically incorporate the potential contributions of worker organizations and, as a result, overlook opportunities for co-enforcing labor standards, a key element of labor inspection. By contrast, we develop a framework to analyze the relationships between worker organizations and state regulators that underpin co- enforcement.; We ground this framework empirically in comparative cases, set in Argentina and the United States, presenting two cases of co-enforcement in highly different institutional contexts. By; doing so, we seek to illuminate key attributes of labor inspection and guide attempts to enhance enforcement by forging partnerships between regulators and worker organizations.",11,2,129,142,Public economics; Business; Labour economics; Set (psychology); Element (criminal law); State (polity); Coproduction; Enforcement; United States labor law; Labor relations,,,,,https://www.researchwithrutgers.com/en/publications/co-enforcing-labor-standards-the-unique-contributions-of-state-an https://onlinelibrary.wiley.com/doi/10.1111/rego.12122/abstract https://onlinelibrary.wiley.com/doi/full/10.1111/rego.12122 https://core.ac.uk/download/pdf/288289129.pdf,http://dx.doi.org/10.1111/rego.12122,,10.1111/rego.12122,2468223216,,0,001-021-763-217-531; 003-780-096-180-420; 004-220-787-980-495; 005-292-362-358-202; 007-274-491-927-284; 009-034-182-981-48X; 009-573-973-493-960; 010-180-985-205-063; 011-985-664-568-44X; 012-521-829-739-448; 015-223-133-919-17X; 016-288-484-051-599; 018-351-016-397-662; 019-692-017-319-393; 021-482-935-522-661; 022-394-403-565-616; 025-415-338-563-006; 028-182-557-504-297; 028-307-092-585-483; 029-694-779-807-168; 030-440-662-308-854; 030-766-847-582-85X; 033-092-945-158-404; 035-097-089-092-988; 038-645-865-900-006; 043-370-223-195-529; 046-786-024-480-624; 054-772-957-254-867; 058-685-657-225-925; 059-354-739-558-141; 059-784-372-143-950; 060-184-417-746-824; 060-836-175-490-184; 066-480-725-635-59X; 075-615-619-217-409; 076-396-973-863-269; 078-713-569-630-788; 080-665-877-144-245; 081-602-847-358-881; 082-101-314-721-60X; 085-221-891-081-169; 088-257-728-195-442; 089-256-494-705-121; 091-486-082-949-600; 093-773-832-370-732; 100-080-615-749-383; 101-488-855-833-627; 102-479-981-534-590; 110-590-989-824-563; 114-509-283-398-544; 115-528-667-441-433; 115-669-358-173-614; 123-890-976-711-144; 125-133-787-702-403; 130-355-634-255-184; 134-529-043-290-052; 142-704-137-270-576; 144-265-247-605-200; 147-322-630-333-495; 147-892-995-865-413; 147-980-192-424-315; 148-430-875-402-772; 153-712-539-541-112; 154-597-821-905-632; 156-438-445-046-970; 160-928-885-215-092; 162-844-983-714-05X; 164-876-961-472-087; 171-791-173-788-647; 177-763-232-872-516; 186-465-454-584-887; 190-059-383-271-672; 196-017-698-445-529; 199-619-449-767-778,21,true,,green
163-628-774-107-886,"The Effect of E-Commerce Application, User Personality, and Corporative Strategy on the Effectivity of Accountancy Information System and It's Impact on Accountancy Information Quality (Survey on Banking Corporation)",,2019,journal article,Research Journal of Finance and Accounting,,"International Institute for Science, Technology and Education",,,"E-commerce application, personality of users, and corporate strategies are the factors that can improve the effectiveness of accounting information system. Thus, the effectiveness of accounting information system has influence on the quality of accounting information. In Indonesia, this phenomenon happens in many organizations, showing that there is accounting information systems that has not resulted qualified accounting information. This research was carried out in order to find the fact through examination presenting in the influence of e-commerce application, user personality and corporate strategies towards accounting information system which can give impact to the quality of accounting information. Data that is used in this research were gained through survey by distributing questioners to 85 banking companies in Indonesia.  The data were then tested statistically by applying SEM-PLS. Research method used was explanatory research. The results of this study showed that the user personality influences the effectiveness of accounting information system and then effectiveness accounting information effect on quality of accounting information, however, for e-commerce application and corporate strategies, there are no significant effect on the effectiveness of accounting information system. Keywords: E-Commerce Application, Personality Users, Corporate Strategies, Accounting Information System Effectiveness and Quality Accounting Information. DOI: 10.7176/RJFA/10-24-02 Publication date: December 31st 201",,,,,,,,,,https://core.ac.uk/download/pdf/276531349.pdf,http://dx.doi.org/10.7176/rjfa/10-24-02,,10.7176/rjfa/10-24-02,,,0,,0,true,cc-by,hybrid
163-723-164-979-455,New Vistas in Constitutional Law,,1964,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Paul A. Freund,,112,5,631,,Political science; Constitutional law; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol112/iss5/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6495&context=penn_law_review https://core.ac.uk/download/151688744.pdf,http://dx.doi.org/10.2307/3310645,,10.2307/3310645,826018040,,0,,3,true,,green
163-741-510-466-230,From St. Ives to Cyberspace: The Modern Distortion of the Medieval 'Law Merchant',,2006,journal article,American University of International Law Review,1520460x,,,Stephen E. Sachs,"Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or ""law merchant."" This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a transnational law of their own creation. The standard history has been accepted by legal scholars across the ideological spectrum, by economists and political scientists, and by those drafting new regimes to govern Internet commerce. This Article argues that the traditional view is deeply flawed. Returning to the original sources - especially the court rolls of the fair of St. Ives, the most extensive surviving records of the period - it demonstrates that merchants in medieval England were substantially subject to local control. Commercial customs and substantive laws varied significantly across towns and fairs, and did not constitute a coherent legal order. The traditional interpretation has been retained, not for its accuracy, but for ideological reasons and for its long and self-reinforcing pedigree. This Article takes no position on the merits of shielding multinational actors from domestic law; it merely denies that the Middle Ages provide a model for such policies.",21,5,686,812,Common law; Political science; Law; State (polity); Lex mercatoria; Sanctions; International law; Commercial law; Municipal law; Politics,,,,,https://scholarship.law.duke.edu/faculty_scholarship/2448/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3072&context=faculty_scholarship https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1064&context=auilr https://digitalcommons.wcl.american.edu/auilr/vol21/iss5/1/,https://scholarship.law.duke.edu/faculty_scholarship/2448/,,,3021074050,,0,,11,false,,
164-383-850-118-880,An observational study of compliance with North Dakota's smoke-free law among retail stores that sell electronic smoking devices.,2016-06-24,2016,journal article,Tobacco control,14683318; 09644563,BMJ Publishing Group,United Kingdom,Kelly Buettner-Schmidt; Donald R. Miller,"Objective To determine whether retail stores selling electronic smoking devices or liquid nicotine were compliant with North Dakota9s smoke-free law. Methods During June 2015, retail stores selling electronic smoking devices or liquid nicotine (n=16), but not legally required to be licensed to sell tobacco products, were assessed for compliance with North Dakota9s smoke-free law by observing for smoking or e-smoking, or evidence of such, in prohibited areas and for the presence of required no-smoking signs. Results Use of e-cigarettes, or evidence of use, was observed inside 8 (50%) stores required to be smoke-free. On the basis of all indicators of compliance assessed, compliance with the state9s smoke-free law was low, with only 6% and 44% of stores compliant with all indoor and outdoor requirements, respectively. Conclusions To the best of our knowledge, this is the first U.S. study assessing retail stores selling electronic smoking devices or liquid nicotine for compliance with the smoke-free law. The use of e-cigarettes, or evidence of use, occurred in the stores where it is prohibited by law. Overall compliance with the smoke-free law was low. These stores should be licensed by the state, as are other tobacco retailers, because this may assist in education, enforcement and compliance with the law and increase public health protection.",26,4,452,454,Public policy; Advertising; Business; Law; Observational study; Nicotine; Enforcement; Law enforcement; Compliance (psychology); Smoke-Free Policy; Smoke,Electronic nicotine delivery devices; Prevention; Public policy; Secondhand smoke; Surveillance and monitoring,Commerce; Electronic Nicotine Delivery Systems/economics; Humans; Law Enforcement; North Dakota; Smoke-Free Policy/legislation & jurisprudence; Tobacco Smoke Pollution/legislation & jurisprudence,Tobacco Smoke Pollution,,https://europepmc.org/article/MED/27343228 https://tobaccocontrol.bmj.com/content/tobaccocontrol/26/4/452.full.pdf https://tobaccocontrol.bmj.com/content/26/4/452 https://www.ncbi.nlm.nih.gov/pubmed/27343228 https://pubmed.ncbi.nlm.nih.gov/27343228/ https://tobaccocontrol.bmj.com/content/early/2016/06/24/tobaccocontrol-2015-052888.full.pdf https://tobaccocontrol.bmj.com/content/early/2016/06/24/tobaccocontrol-2015-052888.full.pdf+html,http://dx.doi.org/10.1136/tobaccocontrol-2015-052888,27343228,10.1136/tobaccocontrol-2015-052888,2471495798,,0,005-180-063-139-927; 082-444-663-420-113,4,false,,
164-396-885-036-44X,Origins of Federal Common Law: Part Two,,1985,journal article,University of Pennsylvania Law Review,00419907; 19428537,JSTOR,United States,Stewart Jay,,133,6,1231,1231,Law; Political science,,,,,https://core.ac.uk/download/151686644.pdf,http://dx.doi.org/10.2307/3311997,,10.2307/3311997,,,0,,1,true,,green
164-754-772-049-76X,The financial services authority and money laundering: A game of cat and mouse,2008-11-04,2008,journal article,The Cambridge Law Journal,00081973; 14692139,Cambridge University Press (CUP),United Kingdom,Nicholas Ryder,"Money laundering is one of those problems that is very hard to get a grip on. © 2008, Cambridge Law Journal and Contributors. All rights reserved.",67,3,635,653,Financial services; Business; Money laundering; Financial regulation; Broker-dealer; Financial system,,,,,https://uwe-repository.worktribe.com/output/1021610 http://eprints.uwe.ac.uk/13696/ https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0008197308000706 https://www.cambridge.org/core/journals/cambridge-law-journal/article/financial-services-authority-and-money-laundering/F46196E04FF1DC1D4099A82E5F7FA8E2 https://core.ac.uk/download/323900509.pdf,http://dx.doi.org/10.1017/s0008197308000706,,10.1017/s0008197308000706,2116580542,,0,,21,true,,
164-872-637-957-332,Wine Wars: The 21st Amendment and Discriminatory Bans to Direct Shipment of Wine,,2004,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Todd J. Zywicki,"This essay is actually a series of posts from the Volokh Conspiracy weblog that discusses the policy and constitutional issues surrounding a question that the Supreme Court will hear this term, whether discriminatory barriers to the interstate direct shipment of wine are constitutional. Because of the timeliness of the issue, the essay is presented in this unusual and informal format so as to be available to the public more rapidly than through the traditional law review format. This ""essay"" reviews the historical evidence and ratification history of the 21st Amendment, and concludes that the answer is unambiguously no. The purpose of the 21st Amendment was to reverse the 18th Amendment's disastrous experiment with federal Prohibition, and thereby to restore the balance between state and federal power that had existed prior to the 18th Amendment. It did this in two ways. First, Section 1 of the Amendment repealed Prohibition, restoring to the States their exclusive police power authority to regulate the local sale and distribution of alcohol. Second, Section 2 of the Amendment constitutionalized certain federal laws that allowed the States to enforce their police power on equal terms against alcohol shipped in interstate commerce as against alcohol manufactured or sold within the State. Section 2's purpose was to nullify a line of Supreme Court decisions that compelled some States to ""reverse discriminate"" in favor of out-of-state vendors. As a result, the 21st Amendment removed the federal government from meddling in local affairs, but did not cede a novel and unnecessary power to the States to meddle in the federal government's traditional control over interstate commerce. In other words, the 21st Amendment enabled dry States to remain dry if they so chose, but it did not empower wet states to engage in economic warfare against the products of other wet States.",,,,,Government; Economics; Privacy laws of the United States; Law; State (polity); Ratification; Supreme court; Commerce Clause; Economic warfare; Supreme Court Decisions,,,,,https://papers.ssrn.com/sol3/papers.cfm?abstract_id=604803 https://law.bepress.com/cgi/viewcontent.cgi?article=1001&context=gmulwps https://law.bepress.com/gmulwps/art2/ https://core.ac.uk/download/76623582.pdf,http://dx.doi.org/10.2139/ssrn.604803,,10.2139/ssrn.604803,1603695396,,0,,0,true,,green
164-935-582-526-636,Restrictive Business Practices in International Trade,,1946,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,John E. Lockwood; William C. Schmeisser,,11,4,663,683,International trade and water; Commercial policy; International trade; Economics; Trade barrier; International economics; Globalization; Free trade; Economic integration; Fair trade; International free trade agreement,,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2273&context=lcp https://scholarship.law.duke.edu/lcp/vol11/iss4/4/ https://core.ac.uk/display/62557753 https://core.ac.uk/download/62557753.pdf,http://dx.doi.org/10.2307/1190174,,10.2307/1190174,138889991,,0,,0,true,,green
165-103-307-931-99X,Super-Statutes,,2001,journal article,Duke Law Journal,00127086; 19399111,JSTOR,United States,William N. Eskridge; John Ferejohn,"Not all statutes are created equal. Appropriations laws perform important public functions, but they are usually short-sighted and have little effect on the law beyond the years for which they apportion public monies. Most substantive statutes adopted by Congress and state legislatures reveal little more ambition: they cover narrow subject areas or represent legislative compromises that are short-term fixes to bigger problems and cannot easily be defended as the best policy result that can be achieved. Some statutes reveal ambition but do not penetrate deeply into American norms or institutional practice. Even fewer statutes successfully penetrate public normative and institutional culture in a deep way. These last are what we call super-statutes",50,5,1215,1215,Statute; Business; Political science; Law,,,,,https://core.ac.uk/download/62548946.pdf,http://dx.doi.org/10.2307/1373022,,10.2307/1373022,,,0,,70,true,,
165-358-827-379-769,Transnational and Trans-Territorial Rule-Making - A Basic Framework,,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Herwig Hofmann,"This Article discusses the reality of executive rule-making procedures with trans-territorial effect, with other words, the creation of non-legislative rules which have an effect outside the territorial limits of the jurisdiction of origin. It maps the phenomenon, discusses some of its central challenges for the realization of general principles of law and considers possible legal approaches addressing these. One of the most important issues thereby is to find workable solutions in the context of the pluralism of sources of law – national, supranational and international.",,01,,,Sources of law; Political science; Law and economics; Pluralism (political theory); Jurisdiction; Mutual recognition; Public relations; Phenomenon,,,,,https://orbilu.uni.lu/handle/10993/19856 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2385870 https://publications.uni.lu/handle/10993/19856 https://core.ac.uk/display/31219583 https://orbilu.uni.lu/bitstream/10993/19856/1/N%202014-01_Herwig%20C%20%20H%20%20Hofmann_Transnational%20and%20Trans-Territorial%20Rule-Making%20%282%29.pdf https://core.ac.uk/download/pdf/31219583.pdf,http://dx.doi.org/10.2139/ssrn.2385870,,10.2139/ssrn.2385870,1515062244,,0,017-530-922-685-401; 042-408-899-166-415; 128-823-704-112-799; 199-083-435-111-791,0,true,cc-by-nc-sa,green
165-512-031-425-38X,Federal Jurisdiction to Decide Moot Cases,,1946,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,Sidney A. Diamond,,94,2,125,,Business; Subject-matter jurisdiction; Law; Federal jurisdiction,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9200&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol94/iss2/1/ https://core.ac.uk/download/151690425.pdf,http://dx.doi.org/10.2307/3309511,,10.2307/3309511,744978458,,0,,0,true,,green
165-952-736-857-800,Promoting the Information Society: The EU Directive on Electronic Commerce,,2000,journal article,European Law Journal,13515993; 14680386,Wiley,United Kingdom,Graham Pearce; Nicholas Platten,"On 8 June 2000, the EU adopted the landmark ‘electronic commerce’ directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e‐commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on‐line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross‐frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU‐wide model for e‐commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web‐site advertisements may continue to discourage the development of e‐commerce in the Community.",6,4,363,378,Service provider; Directive on Privacy and Electronic Communications; Business; Redress; Information society; Directive; Consumer protection; Public administration; Public relations; Service (economics); Conflict of laws,,,,,https://dialnet.unirioja.es/servlet/articulo?codigo=6833177 https://onlinelibrary.wiley.com/doi/abs/10.1111/1468-0386.00113,http://dx.doi.org/10.1111/1468-0386.00113,,10.1111/1468-0386.00113,1977069273,,0,,13,false,,
166-585-962-536-604,The President's Exclusive Foreign Affairs Powers over Foreign Aid: Part I,,1970,journal article,Duke Law Journal,00127086,JSTOR,United States,Don Wallace,,1970,2,293,,,,,,,https://core.ac.uk/download/62551360.pdf,http://dx.doi.org/10.2307/1371518,,10.2307/1371518,,,0,,1,true,,green
166-595-166-742-879,Empire and International Law: The Real Spanish Contribution,2011-02-25,2011,journal article,University of Toronto Law Journal,00420220,,,Martti Koskenniemi,"The Spanish Scholastics of the sixteenth century are generally known as the precursors of Hugo Grotius in the application of natural law and the law of nations (ius gentium) to the political relations of early modern states. Their writings on the American Indians have been read as especially significant for the formation of the humanist–colonialist legacy of (European) international law. I have no quarrel with these views. This essay will, however, claim that the principal legacy of the Salamanca scholars lay in their development of a vocabulary of private rights (of dominium) that enabled the universal ordering of international relations by recourse to private property, contract, and exchange. This vocabulary provided an efficient articulation for Europe's ‘informal empire’ over the rest of the world and is still operative as the legal foundation of global relations of power.",61,1,1,36,Sociology; Comparative law; Natural law; Public law; Public international law; Law; Private rights; Empire; International relations; International law,,,,,https://helda.helsinki.fi/bitstream/10138/231005/1/MkToronto.pdf https://core.ac.uk/display/146449981 https://helda.helsinki.fi/handle/10138/231005 https://www.utpjournals.press/doi/abs/10.3138/utlj.61.1.001 https://eprints.lse.ac.uk/101970/ https://researchportal.helsinki.fi/en/publications/empire-and-international-law-the-real-spanish-contribution https://core.ac.uk/download/146449981.pdf,https://helda.helsinki.fi/handle/10138/231005,,,2010296406,,0,003-300-509-058-306; 003-673-255-447-353; 006-854-668-729-430; 007-883-830-376-055; 008-546-171-415-063; 012-273-472-764-156; 014-320-029-457-380; 016-829-353-100-767; 016-956-822-826-619; 027-561-410-865-34X; 038-074-911-528-748; 046-161-414-046-153; 051-959-465-867-780; 054-308-231-908-156; 055-402-999-358-638; 062-940-703-992-966; 066-658-768-350-645; 069-927-831-882-09X; 071-611-922-706-359; 073-329-246-763-369; 075-591-627-249-159; 078-248-069-526-318; 080-893-503-755-775; 081-569-367-070-983; 091-658-643-021-983; 092-459-276-214-71X; 109-226-256-096-144; 116-067-205-392-38X; 118-924-471-227-64X; 121-964-642-492-929; 123-420-958-267-848; 125-480-069-769-984; 127-540-342-592-679; 127-919-258-427-896; 129-549-162-775-885; 133-458-448-995-42X; 145-844-122-363-896; 148-969-824-761-256; 151-126-627-024-938; 152-178-112-590-94X; 152-243-140-164-313; 156-514-540-455-213; 156-771-740-401-807; 162-296-965-456-195; 162-880-677-322-021; 164-778-424-772-915; 169-116-526-281-446; 181-632-713-459-305,57,true,,
166-863-502-224-578,Niagara Mohawk Power Corp. V. FERC,,2002,journal article,The Energy Law Journal,02709163,,,Rohit C. Sharma,"NOTE I. SUMMARY Niagara Mohawk Power Corporation (Niagara),1 asserted the rate New York state law set for certain energy purchases conflicted with the federal Public Utilities Regulatory Policies Act (PURPA) which provided a rate ceiling. Niagara alleged the state agency violated PURPA, and the Federal Energy Regulatory Commission (FERC) failed to enforce PURPA. Based on the following, defendant's motions to dismiss Niagara's complaint pursuant to Federal Rules of Civil Procedure 12(b) was granted in their entirety. II. INTRODUCTION AND BACKGROUND PURPA was intended by Congress to combat a nationwide energy crisis by promoting long-term economic growth by reducing the nation's reliance on oil and gas and to encourage development of alternative energy sources. Section 210(a) of PURPA required the FERC to ""prescribe, and from time to time thereafter revise"" rules requiring electric utilities to offer both the sale and purchase of electric energy from qualifying cogeneration facilities (QFs).2 Section 210(b) of PURPA requires the rates that utilities paid for power purchased from QFs be ""just and reasonable"" to consumers and ""not discriminate"" against QFs.3 Section 210(e) of PURPA states that QFs are exempt from federal and state regulatory control in connection with rates and financial organizations.4 These requirements were based on Congress' identification of two problems which impeded the development of non-traditional generational facilities: 1) traditional electrical utilities were reluctant to purchase power from, and sell power to non-traditional facilities; and 2) regulation of non-traditional facilities by state and federal utility authorities imposed undue financial burdens on small alternative energy producers.5 IMAGE FORMULA6 Section 210(b) of PURPA states: ""[n]o such rule prescribed under subsection (a) of this section [824a-3(b)] shall provide for a rate which exceeds the incremental cost to the electric utility of alternative electric energy.""6 The definition of ""incremental cost of alternative electric energy"" is "". . .the cost to the electric utility of the electric energy which, but for the purchase from such cogenerator or small power producer, such utility would generate or purchase from another source.""7 Congress describes the incremental cost in PURPA as ""avoided costs"" or costs which the utility ""avoided"" incurring itself by purchasing power from the QF.8 Sections 824a-3(g)-(h) of title 16 describes the judicial review and commission enforcement schemes and provisions in PURPA: Section 210(g) provides for (1) state court review of state regulatory authorities' orders implementing PURPA; and (2) state court actions to enforce requirements of state regulatory authorities . . . Section 210 (h)(1) provides that for enforcement purposes, rules and regulations promulgated pursuant to PURPA shall be treated like rules promulgated pursuant to the Federal Power Act (FPA), . . . which are enforceable by FERC in federal district court ... The FPA grants FERC the authority to regulate the nationwide development of water and power resources, the transmission of electric energy in interstate commerce, the sale of such energy at wholesale in interstate commerce and the licensing and administration of public utilities .... Section 210(h)(2)(A) of PURPA provides that FERC may bring an enforcement action against a state regulatory agency in district court, and Section 210(h)(2)(B) allows a utility or cogenerator to petition FERC to enforce Section 210(f) which governs state regulatory authorities' responsibilities to implement PURPA rules and regulations .. . . 3(h)(2)(B). If FERC declines to bring such an enforcement action, the utility or cogenerator can commence its own enforcement action against the state regulatory authority in district court ....9 Congress directed that each state regulatory authority apply the rules given by the FERC pertaining to electric utilities' obligation to purchase power from QFs in an effort by congress to apply the doctrine of PURPA to the states. …",23,1,157,,Economics; Law and economics; Law; Commission; Electric utility; Federal Power Act; Enforcement; Complaint; Federal Rules of Civil Procedure; Judicial review; Marginal cost,,,,,https://www.questia.com/library/journal/1P3-208512621/niagara-mohawk-power-corp-v-ferc,https://www.questia.com/library/journal/1P3-208512621/niagara-mohawk-power-corp-v-ferc,,,350368151,,0,,0,false,,
166-972-224-299-272,Effects of a Natural Community Intervention Intensifying Alcohol Law Enforcement Combined With a Restrictive Alcohol Policy on Adolescent Alcohol Use,2012-05-08,2012,journal article,The Journal of adolescent health : official publication of the Society for Adolescent Medicine,18791972; 1054139x,Elsevier USA,Netherlands,Karen Schelleman-Offermans; Ronald A. Knibbe; Emmanuel Kuntsche; Sally Casswell,,51,6,580,587,Odds; Human factors and ergonomics; Injury prevention; Social support; Law enforcement; Intervention (counseling); Poison control; Suicide prevention; Medicine; Environmental health,,Adolescent; Adolescent Behavior; Alcohol Drinking/legislation & jurisprudence; Alcoholic Beverages/supply & distribution; Alcoholic Intoxication/prevention & control; Commerce/legislation & jurisprudence; Community Participation; Female; Humans; Law Enforcement; Longitudinal Studies; Male; Netherlands; Public Opinion; Public Policy,,,https://www.sciencedirect.com/science/article/pii/S1054139X12001103 https://repository.ubn.ru.nl/handle/2066/102492 http://www.ncbi.nlm.nih.gov/pubmed/23174468 https://www.narcis.nl/publication/RecordID/oai%3Arepository.ubn.ru.nl%3A2066%2F102492 http://europepmc.org/abstract/MED/23174468 https://cris.maastrichtuniversity.nl/en/publications/effects-of-a-natural-community-intervention-intensifying-alcohol- https://core.ac.uk/display/90692115 https://www.safetylit.org/citations/index.php?fuseaction=citations.viewdetails&citationIds[]=citjournalarticle_382614_33,http://dx.doi.org/10.1016/j.jadohealth.2012.03.006,23174468,10.1016/j.jadohealth.2012.03.006,2009201052,,0,002-908-584-382-922; 003-590-718-962-228; 015-350-324-818-920; 018-772-378-232-692; 019-649-223-651-326; 023-819-231-082-358; 025-310-054-187-212; 032-320-046-261-024; 032-793-831-703-510; 035-997-147-605-256; 037-337-622-417-254; 037-861-805-975-460; 042-170-018-343-454; 056-867-277-194-746; 057-350-069-838-53X; 060-093-868-300-668; 063-855-564-098-074; 068-559-300-880-906; 082-794-668-942-228; 093-085-858-213-699; 105-538-711-946-41X; 146-606-217-911-982,17,false,,
167-482-527-405-76X,THE “CONDUCT AND EFFECTS” OF TRANSNATIONAL SECURITIES FRAUD: AN ANALYSIS OF THE EXTRATERRITORIAL APPLICATION OF THE EXCHANGE ACT ANTIFRAUD PROVISIONS AFTER DODD-FRANK,2011-08-27,2011,journal article,University of Pittsburgh Law Review,19428405; 00419915,"University Library System, University of Pittsburgh",United States,Eric Pennesi,<jats:p>         </jats:p>,73,2,,,Business; Law; Securities fraud,,,,,http://lawreview.law.pitt.edu/ojs/lawreview/article/download/219/196 http://lawreview.law.pitt.edu/ojs/lawreview/article/view/219 http://d-scholarship.pitt.edu/18018/ https://core.ac.uk/download/12214814.pdf,http://dx.doi.org/10.5195/lawreview.2011.219,,10.5195/lawreview.2011.219,1994429435,,0,,0,true,,green
168-298-687-192-800,"Citizen Environmental Litigation and the Administrative Process: Empirical Findings, Remaining Issues and a Direction for Future Research",1977-05-01,1977,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Joseph F. DiMento,,26,2,409,448,Environmental resource management; Political science; Process management; Process (engineering),,,,,https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2619&context=dlj https://scholarship.law.duke.edu/dlj_admin_law_symposium/1977/events/4/ https://core.ac.uk/download/62550625.pdf,https://scholarship.law.duke.edu/dlj_admin_law_symposium/1977/events/4/,,,1856038890,,0,,8,true,,
169-003-756-588-207,The Impact of Economics on Competition Law in New Zealand Some Reflections on the First Decade,1996-02-01,1996,journal article,Victoria University of Wellington Law Review,1171042x,Victoria University of Wellington Library,,Mark N Berry,"<jats:p>The economic focus of the Commerce Act 1986 is unique in New Zealand, both in terms of its theoretical foundations and its institutional framework. The author reflects on these features of the Act and the impact that economics has had on the decision-making process. This article reviews the New Zealand landscape in terms of the goals of the Commerce Act, its institutional framework, and the manner in which the strict rules of evidence may be relaxed. It then considers, by using Justice Breyer's framework (in S J Breyer ""Economics and Judging: An Afterword on Cooter and Wald"" (1987) 50 Law and Contemp Probs 245), how economics has impacted upon the content of rules of law and the proof of specific economic facts. The author concludes with a brief assessment of likely and desirable future trends in New Zealand law, arguing that it was likely that economics would continue to have a major impact on the Commerce Act; aside from in the interpretation of dominance principles, the author argues that the foundations are strongly in place for the continued growth of law and economics in this field.</jats:p>",26,1,17,,Political economy; Economics; Competition law,,,,,https://ojs.victoria.ac.nz/vuwlr/article/download/6180/5610 https://core.ac.uk/download/pdf/327267035.pdf,http://dx.doi.org/10.26686/vuwlr.v26i1.6180,,10.26686/vuwlr.v26i1.6180,3045703860,,0,,0,true,,bronze
169-312-186-633-975,Businesses blogging and the effects of non-compliance,2015-10-30,2015,journal article,Information Management and Business Review,22203796,AMH International Conferences and Seminars Organizing LLC,,Duryana Mohamed,"Presently, business blogging is gaining increasing on-line popularity. Some bloggers or business owners engage in this form of business for limited periods to test the marketability of their products, while others rely on it as the primary medium for marketing their products and services. Given that commerce is being conducted via blogs, some exploit this medium for fraudulent purposes. In Malaysia, there are legal rules and regulations governing online transactions or electronic commerce. However, to date these have not been updated to include specific provisions for business blogging. The legal issues that arise are whether owners of such commercial blogs should comply with the existing legal framework governing online transactions or electronic commerce and are thus liable to consumers under consumer laws. This paper discusses the above issues by examining the application of existing laws on business blogging and the effects of non-compliance.",7,5,55,63,Advertising; Business; Exploit; Test (assessment); Popularity; Non compliance,,,,,https://econpapers.repec.org/RePEc:rnd:arimbr:v:7:y:2015:i:5:p:55-63 http://irep.iium.edu.my/46374/ https://core.ac.uk/download/288022359.pdf,http://dx.doi.org/10.22610/imbr.v7i5.1175,,10.22610/imbr.v7i5.1175,2406330409,,0,091-934-525-968-488; 097-125-793-865-619; 103-623-499-317-539; 118-638-983-256-439; 118-929-429-385-401; 131-476-513-439-750; 132-674-693-259-266; 137-266-262-024-544; 140-523-460-022-200; 195-600-537-723-227,1,true,cc-by,hybrid
169-823-991-854-855,Enforcing the Occupational Safety and Health Act of 1970: The Federal Government As a Catalyst,,1974,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,John H. Stender,"The national debate surrounding the federal government's role in enforcing an occupational safety and health program has produced a number of widely differing views. On the one hand, the government has been accused of insufficient effort, given the magnitude of the problem; on the other hand, it has been charged with using an unconstitutional law to bludgeon employers into making unnecessary expenditures. Actually, the federal government conceives of its role in administering and enforcing the Occupational Safety and Health Act of 19701 quite differently than either of these two views. The most apt description of the federal viewpoint is that government is a catalyst-a catalyst with the expressed desire to achieve a safe and healthful work environment by voluntary means. The Occupational Safety and Health Act was designed to bring the resources and commitment of the federal government to bear on the problem of work-related deaths, injuries, and illnesses. The increasing growth and complexity of modern industry, with its sophisticated work processes and cascade of new materials, were resulting in the deaths of more than 14,000 workers and disabling injuries to more than two million others in the years immediately preceding passage of the Act.2 The magnitude of this tragedy can be seen by comparing the employment-related mortality rate with that of the U.S. forces in Vietnam. During the two years preceding the Act's passage, the number of workplace deaths was more than twice that of battlefield fatalities. In addition to the needless human suffering involved, this workplace toll constituted a significant drain on the resources of the country. Lost wages exceeded $1.5 billion a year and the total workmen's compensation cost to employers was $4.82 billion in 1970 alone.3 By the middle of the last decade it was apparent that the efforts of those concerned with this problem-state legislatures, industry and its safety specialists, and labor unions-had not decreased the workplace toll. Historically, safety and health legislation had been left to the states, but their response was uneven. A few states, notably New York, Pennsylvania, and California, had adequate job safety laws. Many others either had legislation which covered only particular industries or had devoted insufficient resources to the situation.",38,4,641,650,Business; Effective safety training; Government; Job safety analysis; Work (electrical); Occupational safety and health; Legislation; Toll; Public administration; Economic growth; Legislature,,,,,https://scholarship.law.duke.edu/lcp/vol38/iss4/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3427&context=lcp https://core.ac.uk/display/62555327 https://www.jstor.org/stable/1190972 https://core.ac.uk/download/62555327.pdf,http://dx.doi.org/10.2307/1190972,,10.2307/1190972,1544790279,,0,,4,true,,green
170-126-836-681-140,Value-added tax on virtual world transactions : a South African perspective,2012-12-22,2012,journal article,International Business & Economics Research Journal (IBER),21579393; 15350754,Clute Institute,,Gregory James Johnston; S.J. Pienaar,"The dawn of the internet age has brought about concepts such as electronic commerce, virtual worlds and digitized products. When consumption tax laws such as value-added tax (VAT) or goods and service tax (GST) were legislated, these concepts were not envisaged. The aim of this article is to determine whether the South African value-added tax (VAT) Act is applicable to transactions occurring in virtual worlds. The article critically analyses section 7(1) of the VAT Act to determine its applicability to transactions occurring in virtual worlds. The benefit of this article will be to highlight the deficiency in the South African VAT Act in dealing with electronic commerce transactions as well as transactions arising in virtual worlds. The study reported here concluded that the South African VAT Act in its current format does not appear to deal with transactions occurring in virtual worlds effectively. Consequently, amendments to existing law should be effected in order to deal effectively with the transactions.",12,1,71,78,The Internet; Value-added tax; Business; Service Tax; Consumption tax; Tax avoidance; Metaverse; Commerce; Tax reform; Ad valorem tax,,,,,https://repository.up.ac.za/bitstream/handle/2263/32882/Johnston_Value_2013.pdf;sequence=1 https://repository.up.ac.za/handle/2263/32882 https://www.dspace.up.ac.za/handle/2263/32882 https://repository.up.ac.za/bitstream/2263/32882/1/Johnston_Value_2013.pdf https://core.ac.uk/download/pdf/268107665.pdf,http://dx.doi.org/10.19030/iber.v12i1.7513,,10.19030/iber.v12i1.7513,2096559808,,0,025-717-608-987-110; 027-816-883-499-871; 028-904-853-950-824; 038-785-542-558-060; 108-243-544-809-151; 163-450-319-983-512,6,true,,green
170-347-942-874-826,Recognition of Foreign Judgments in China: The Liu Case and the “Belt and Road” Initiative,2019-01-08,2019,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Ronald A. Brand,"In June, 2017, the Wuhan Intermediate People’s Court became the first Chinese court to recognize a U.S. judgment in the case of Liu Li v. Tao Li & Tong Wu. The Liu case is a significant development in Chinese private international law, but represents more than a single decision in a single case. It is one piece of a developing puzzle in which the law on the recognition and enforcement of foreign judgments in China is a part of a larger set of developments. These developments are inextricably tied to the “One Belt and One Road,” or “Belt and Road” Initiative first announced by Chinese President Xi Jinping on a visit to Kazakhstan in 2013. This article traces the development of the Liu case, from the first judgment in California to the decision to recognize and enforce that judgment in Wuhan, China. It then provides the context within which the decision on recognition and enforcement was made, and the way the decision fits within President Xi’s “Belt and Road” Initiative and the pronouncements of the Chinese People’s Supreme Court which have encouraged the recognition and enforcement of foreign judgments as part of that Initiative.",37,1,29,,Set (psychology); Political science; China; Law; Supreme court; Enforcement; Context (language use); Enforcement of foreign judgments; Conflict of laws,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/152/134 https://scholarship.law.pitt.edu/fac_articles/56/ https://scholarship.law.pitt.edu/cgi/viewcontent.cgi?article=1055&context=fac_articles https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/152 https://core.ac.uk/download/pdf/296521681.pdf,http://dx.doi.org/10.5195/jlc.2018.152,,10.5195/jlc.2018.152,2884371109,,0,,1,true,cc-by-nc-nd,gold
170-485-635-672-226,The promises of algorithmic copyright enforcement : Takedown or staydown? Which is superior? And why?,,,journal article,Columbia Journal of Law and the Arts,15444848,,,Martin Husovec,"Under the prevailing model of copyright liability for user-generated content, right holders and intermediaries are both involved in the enforcement of exclusive rights on the Internet. While right holders are expected to identify and notify the infringing content that they wish to remove, the intermediaries have to react by assessing the received notices and taking appropriate action, including taking the information “down” from the service in case it is infringing. This “notice and takedown” system, championed by the Digital Millennium Copyright Act, became a model for many countries around the world. However, in the last few years, the right holders have begun to advocate for a fundamental re-design of the system. According to the number of initiatives, some of the right holders would prefer that intermediaries not only take down the notified content but also prevent its re-appearance in the future. This alternative model, often dubbed “notice and staydown,” is currently proposed by the European Commission as part of its upcoming copyright reform. If successful, it will constitute a huge change for the existing global online environment.; This article scrutinizes the potential switch from notice and takedown policy (“NTD”) to notice and staydown policy (“NSD”) in order to answer two important questions: (1) What are the (economic) costs and benefits of two policy options and how do they compare? (2) Is NSD really superior in delivering better tools for automation? The overall goal of the paper is to offer general policy guidance for national or regional policymakers currently considering such policy change.; This article concludes that algorithmic enforcement is inevitable and, under some conditions, socially desirable. First, high-quality automation of copyright enforcement that produces negligible enforcement errors offers many opportunities for improvement of the status quo and therefore should be embraced and incentivized. Second, to make such automation a reality, we need to push innovation in the right direction by conditioning acceptance of algorithmically generated notices upon their quality. Third, an enhanced notice and takedown framework can promote such automation better than notice and staydown. It provides for stronger market incentives for the development of new filtering technologies and allows area-by-area deployment as the technologies improve. Last, as a consequence, enhanced NTD can become a superior policy option from a social perspective. However, in order to realize these benefits, some changes to the NTD framework are required, too. These could take the form of standardized submission formats or interfaces for robo-notices that come with quality conditions and effective sanctions to enforce them.",42,1,53,84,Business; Law and economics; Law; Status quo; Digital Millennium Copyright Act; Liability; Sanctions; Enforcement; Notice; Incentive; Exclusive right,,,,,https://research.tilburguniversity.edu/en/publications/the-promises-of-algorithmic-copyright-enforcement-takedown-or-sta http://eprints.lse.ac.uk/105253/ https://www.narcis.nl/publication/RecordID/oai%3Atilburguniversity.edu%3Apublications%2Ff01f8daa-2f56-4c9c-bc74-9740fc0afad7 https://journals.library.columbia.edu/index.php/lawandarts/article/view/2009 https://journals.cdrs.columbia.edu/wp-content/uploads/sites/14/2018/12/02.-Husovec_Final.pdf https://core.ac.uk/download/327067812.pdf,http://dx.doi.org/10.7916/jla.v42i1.2009,,10.7916/jla.v42i1.2009,2894869465,,0,,0,true,,
171-260-640-420-612,Self-Government in the Securities Business,,1952,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Howard C. Westwood; Edward G. Howard,,17,3,518,544,Finance; Unit investment trust; Business; Investment banking; Net capital rule; Broker-dealer; Private placement; National best bid and offer; Financial system; Portfolio investment; Hybrid security,,,,,https://scholarship.law.duke.edu/lcp/vol17/iss3/4/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2538&context=lcp https://core.ac.uk/download/62557238.pdf,http://dx.doi.org/10.2307/1190208,,10.2307/1190208,1856653616,,0,,1,true,,green
171-447-391-846-275,What Is Transnational Law,,2012,journal article,Law & Social Inquiry,08976546; 17474469; 1545696x,Cambridge University Press (CUP),United States,Roger Cotterrell,"Is it important to conceptualize transnational law and “map” it as a new legal field? This article suggests that to do so might help both juristic practice and sociolegal scholarship in organizing, linking, and comparing disparate but increasingly significant types of regulation. To explore the idea of transnational law is to raise basic questions about the nature of both “law” and “society” (taken as the realm law regulates). This involves radically rethinking relationships between the public and the private, between law and state, and between different sources of law and legal authority. Taking as its focus Von Daniels's The Concept of Law from a Transnational Perspective and Calliess and Zumbansen's Rough Consensus and Running Code (both 2010), the article considers what approaches may be most productive, and what key issues need to be addressed, to make sense of broad trends in law's extension beyond the boundaries of nation-states.",37,2,500,524,Sources of law; Code (semiotics); Political science; Law; Perspective (graphical); State (polity); Scholarship; Realm; Extension (metaphysics); Field (Bourdieu),,,,,http://www.law.uh.edu/assignments/spring2014/24345/cotterrell2012.pdf https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1747-4469.2012.01306.x https://www.cambridge.org/core/journals/law-and-social-inquiry/article/abs/what-is-transnational-law/309FD036D73C69269ABA6DF98EEF06D1 https://www.law.uh.edu/assignments/spring2014/24345/cotterrell2012.pdf https://core.ac.uk/download/354516964.doc,http://dx.doi.org/10.1111/j.1747-4469.2012.01306.x,,10.1111/j.1747-4469.2012.01306.x,3124919117,,0,004-588-986-742-428; 005-373-060-126-144; 008-262-064-411-839; 011-454-122-021-009; 021-781-218-665-205; 022-182-912-827-229; 023-200-149-014-525; 030-295-360-565-697; 031-987-456-860-221; 032-473-986-687-057; 038-101-588-052-524; 040-648-259-635-797; 047-409-614-388-986; 049-569-350-865-835; 057-400-588-839-844; 060-912-186-322-102; 062-716-269-821-665; 063-487-452-381-653; 064-522-621-941-533; 067-086-880-675-39X; 070-023-964-039-737; 071-811-506-952-856; 072-495-578-128-377; 074-530-999-787-120; 075-814-703-519-751; 075-881-607-240-742; 076-240-910-474-222; 078-506-097-089-775; 082-697-472-530-18X; 082-738-719-467-062; 085-217-462-695-822; 096-183-837-606-563; 101-519-888-131-938; 105-093-058-057-468; 106-674-955-482-765; 106-775-183-969-137; 110-887-128-865-686; 126-966-222-369-976; 128-676-383-978-630; 132-551-567-130-912; 146-849-485-479-731; 149-119-275-701-60X; 151-180-910-418-462; 163-385-936-691-007; 170-893-967-026-485; 174-643-648-647-229; 196-562-329-704-883,67,true,,green
171-606-779-005-232,Comparative Law Analysis of Consumer Protection Law in E-Commerce Transaction Between Indonesia and United States,2021-10-25,2021,journal article,UIR Law Review,2548768x; 25487671,UIR Press,,Felix Pratama Tjipto,"<jats:p>Innovation of technology and rapid growth of digitalization is steadily increasing its capacity in supporting human daily tasks, one of which is through online transactions that are increasing rapidly due to the occurrence of COVID-19 pandemic which forces people to do their activities from home. Nevertheless, the increased usage of technology directly affects the rise in creating loopholes and abuse of power which may violate the regulations and consumer’s rights in doing online transactions. This paper shall discuss and provide comparative and statute approach analysis between Indonesian and U.S law, its creation methods, organizations involved and law enforcement since it is important to address this issue in order to ensure that the enforcement of a solid legal framework is really being applied to regulate this matter. </jats:p>",5,2,11,25,Business; Comparative law; Consumer protection; Commerce; Database transaction; E-commerce,,,,,https://journal.uir.ac.id/index.php/uirlawreview/article/download/7456/3611,http://dx.doi.org/10.25299/uirlrev.2021.vol5(2).7456,,10.25299/uirlrev.2021.vol5(2).7456,3208418581,,0,,0,true,cc-by-sa,gold
172-174-204-154-966,E-commerce Impact on Legal System of Tax Collection,,2007,journal article,Journal of Central South University of Forestry & Technology,,,,Hu Hai,"The e-commerce has enhanced the development of globalized trading,and therefore produced a wide range of new tax sources,yet on the other hand it brings challenges to our tax laws,in particular the legal system of tax collection.The current tax collection laws and regulations were mostly established in a traditional trading environment.Nowadays there are a great number of problems related to tax imposition in our new e-commerce environment.It is proposed to start from the legal systems of Tax Collection Law,Tariff Law and other currently enforced laws;also any further improvement should be on the basis of diverse methods for e-commerce tax collection.",,,,,Public economics; Value-added tax; Indirect tax; Business; Tax credit; Direct tax; Tax avoidance; Tax reform; Ad valorem tax; Tax law,,,,,https://en.cnki.com.cn/Article_en/CJFDTOTAL-ZNLS200702017.htm,https://en.cnki.com.cn/Article_en/CJFDTOTAL-ZNLS200702017.htm,,,2366608567,,0,,0,false,,
172-322-842-924-525,"The Word is not Enough - Arbitration, Choice of Forum and Choice of Law Clauses under the CISG",2013-09-01,2013,journal article,Asa Bulletin,10109153,,,Ingeborg Schwenzer; David Tebel,"Form requirements particularly for arbitration clauses are widely perceived as an obstacle for efficiently resolving disputes on an international level. The paper discusses recent suggestions that the freedom of form principle under Art. 11 CISG extends to arbitration, forum selection or choice of law clauses in international sales contracts and thus supersedes any and all formal requirements in this regard. The authors establish that said clauses indeed are generally within the CISG's scope of application and that, consequently, questions of contract conclusion, interpretation, and remedies for breach of these clauses are governed by the CISG. Freedom of form under the CISG, however, was neither intended to nor should it apply to arbitration, forum selection or choice of law clauses. This result is further confirmed by the interplay of the CISG with other international conventions, first and foremost the 1958 New York Convention, as well as a careful analysis of the so called most-favourable-law-approach. The recent aim to do away with form requirements for arbitration, forum selection or choice of law clauses can thus not be reached by taking a detour to the CISG, but only by directly abolishing or adjusting these form requirements.",23,3,1,23,Selection (linguistics); Business; Arbitration; Law; Obstacle; Choice of law; Convention; Scope (project management); Interpretation (philosophy); Word (computer architecture),,,,,https://edoc.unibas.ch/34041/ https://core.ac.uk/download/33298304.pdf,https://edoc.unibas.ch/34041/,,,2167062970,,0,,0,true,,
172-884-718-735-967,The Child Labor Provisions of the Fair Labor Standards Act,,1939,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,Katherine Du Pre Lumpkin,,6,3,391,405,The labor problem; Business; Labour economics; United States labor law; Labor relations,,,,,https://scholarship.law.duke.edu/lcp/vol6/iss3/6/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1964&context=lcp https://core.ac.uk/display/62558400 https://core.ac.uk/download/62558400.pdf,http://dx.doi.org/10.2307/1189600,,10.2307/1189600,1496442448,,0,,3,true,,green
173-000-089-150-113,Rules of Forum Choice Clauses Concerning Cases with Foreign Elements:Perfecting and Revising Article 244 of the Civil Procedure Act of the PRC,,2006,journal article,Journal of Swupl,,,,Xie Xin-sheng,"E-commerce is a new means of economy,which,while challenging traditional civil and commercial jurisdiction doctrines,also troubles Article 244 of the Civil Procedure Act of the PRC.To get rid of the trouble,we should amend the Act in the following respects: lay down varied criteria to determine foreign elements in a case;abandoning the standards in deciding the significant relationship;limit the effect of the unreasonable forum choice clause and admit the enforceability of the forum choice clause in E-commerce B2C contracts.",,,,,Limit (mathematics); Economics; Law; Jurisdiction; Civil procedure,,,,,http://en.cnki.com.cn/Article_en/CJFDTOTAL-XNZF200601010.htm,http://en.cnki.com.cn/Article_en/CJFDTOTAL-XNZF200601010.htm,,,2357825912,,0,,0,false,,
173-485-857-033-074,Rule of Law: A Fundamental Pillar Enabling Sustainable Development and Reduction of Poverty in India,2015-01-01,2015,journal article,International Journal of Asian Business and Information Management,19479638; 19479646,IGI Global,,Gopala Anjinappa,"The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable†(Indira Gandhi, 1972).",6,1,38,50,Economics; Human rights; Culture of poverty; Poverty; Basic needs; Rule of law; Good governance; Development economics; Sustainable development; Extreme poverty,,,,,https://dblp.uni-trier.de/db/journals/ijabim/ijabim6.html#Anjinappa15 https://ideas.repec.org/a/igg/jabim0/v6y2015i1p38-50.html https://www.igi-global.com/article/rule-of-law/126471 https://econpapers.repec.org/RePEc:igg:jabim0:v:6:y:2015:i:1:p:38-50 https://core.ac.uk/download/72803442.pdf,http://dx.doi.org/10.4018/ijabim.2015010103,,10.4018/ijabim.2015010103,294362777,,0,010-602-752-007-717; 036-370-943-772-394; 086-228-489-096-889; 097-164-664-239-04X; 130-506-694-805-737; 165-202-344-978-168,1,true,,green
173-489-131-122-797,E-Commerce: The Dark Side: E-Biz Blitz,,2001,journal article,Network Security,13534858,Mark Allen Group,Netherlands,Bill Boni,"It's sad to say, but it has happened again and this time in a very big way. The carefully coordinated hack attack on at least 40 companies in the United States, and perhaps many more worldwide was announced by law enforcement agencies in the USA in mid-March.",2001,4,18,19,Business; Law; Law enforcement; Computer security; E-commerce; Great Rift,,,,,https://www.sciencedirect.com/science/article/pii/S1353485801004202#! https://www.sciencedirect.com/science/article/pii/S1353485801004202,http://dx.doi.org/10.1016/s1353-4858(01)00420-2,,10.1016/s1353-4858(01)00420-2,1989150222,,0,,0,false,,
173-671-233-648-539,A Comparative Overview of the State Prohibition on Market Abuse in the United States of America,2014-05-01,2014,journal article,Mediterranean Journal of Social Sciences,20399340; 20392117,Richtmann Publishing,Italy,Howard Chitimira,"It is important to note that market abuse is outlawed both at a federal and state level in the United States of America (the US). In relation to this, it is worth noting that the state prohibition on market abuse has relatively and immensely contributed to the combating of market abuse activities in the US capital and financial markets to date. Consequently, it is on this basis that this article provides a brief overview analysis of the enforcement of the market abuse prohibition, firstly in California state. Secondly, a similar analysis will be done focusing on Delaware state. Lastly, the enforcement of the market abuse ban in Washington state will be undertaken. The aforementioned states are selected not only because of their unique and relatively consistent anti-market abuse enforcement approaches but also because of the potential enforcement lessons that could be adopted from such approaches, especially in South Africa. Thereafter and where appropriate, relevant provisions and cases from the selected US states will be contrasted with similar provisions and cases in South Africa in order to identify and recommend, where necessary, possible anti-market abuse enforcement approaches that could be incorporated in the South African anti-market abuse regulatory and enforcement framework. DOI: 10.5901/mjss.2014.v5n7p54",5,7,54,,Political science; Order (exchange); Financial market; Law; State (polity); Market abuse; Enforcement; Capital (economics),,,,,https://www.mcser.org/journal/index.php/mjss/article/viewFile/2458/2426 https://www.mcser.org/journal/index.php/mjss/article/view/2458/2426 https://core.ac.uk/download/pdf/228548012.pdf,http://dx.doi.org/10.5901/mjss.2014.v5n7p54,,10.5901/mjss.2014.v5n7p54,1965483187,,0,010-161-661-569-289; 015-726-746-781-163; 019-227-527-989-430; 025-063-354-073-385; 027-774-525-370-135; 028-383-847-101-331; 031-107-466-794-784; 031-856-113-360-364; 039-384-546-091-68X; 047-026-963-715-377; 050-831-951-915-195; 061-903-759-467-774; 065-989-471-945-795; 069-573-866-193-547; 074-299-633-534-111; 077-615-191-259-458; 090-933-144-913-706; 100-340-889-273-472; 112-905-880-533-718; 117-592-091-402-210; 119-172-169-382-507; 127-413-025-845-247; 127-561-533-538-141; 158-490-323-973-531; 172-730-835-942-808; 178-814-923-045-038; 181-965-420-838-956; 193-433-042-355-188; 194-401-870-029-038,0,true,cc-by,hybrid
174-026-022-939-752,"Constitutional Limitations on Sovereignty, 2014 edition",,2014,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Garrett Power,"This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property.The readings provide an historical context, and an up-to-date focus on many of the constitutional issues facing today’s Supreme Court: imperium versus dominium; the public trust, inverse condemnation, the navigation servitude, “regulatory takings”; “judicial takings,” the “navigability” boundary on federal power; the “public use” limitation on eminent domain; the balance between property rights and First Amendment liberties; the “essential nexus” between government prohibition and purpose; the fine line between taxation and expropriation, and; commerce power limitations on Congress’s law-making. Special attention is directed at the Supreme Court’s 2012 decision concerning the constitutionality of the Affordable Care Act (“Obamacare”).The court cases in this work have been grouped into thirty seven “sessions.” Most sessions consist of four or five cases, and the related statutes, if any. The materials are intended to be economically, politically and legally evocative and to provide an assignment appropriate for a class hour of discussion. The text consists of non-copyrighted material and readers are free to use or re-mix it in whole or part. The tightly-edited cases may be readily borrowed for use in other courses. No rights are reserved.",,,,,Judicial opinion; Statute; Political science; Constitutional law; Law; Public use; Constitutionality; Inverse condemnation; Supreme court; Eminent domain,,,,,https://digitalcommons.law.umaryland.edu/books/82/ https://core.ac.uk/display/56360640 https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1081&context=books https://works.bepress.com/garrett_power/39/download/ https://www.ssrn.com/abstract=2455881 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2455881 https://core.ac.uk/download/56360640.pdf,http://dx.doi.org/10.2139/ssrn.2455881,,10.2139/ssrn.2455881,2145198312,,0,,0,true,cc0,green
174-239-745-143-028,Structural Approaches to the Problem of Television Network Economic Dominance,,1979,journal article,Duke Law Journal,00127086,JSTOR,United States,Bruce M. Owen,,1979,1,191,,,,,,,https://core.ac.uk/download/62550521.pdf,http://dx.doi.org/10.2307/1372227,,10.2307/1372227,,,0,,1,true,cc-by,green
174-391-796-168-07X,European Networking and Training for National Competition Enforcers ENTraNCE for Judges 2015 Selected Case Notes,2016-01-01,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Pier Luigi Parcu; Giorgio Monti,"This working paper includes a collection of case notes written by the national judges who attended the European Networking and Training for National Competition Enforcers (ENTraNCE for Judges 2015). The training programme was organised by RSCAS between September, 2015, and June, 2016, with the financial contribution of the DG Competition of the European Commission. The case notes included in the working paper summarise judgments from different EU Member States that relate to diverse aspects of competition law enforcement. The working paper thus aims to increase the understanding of the challenges that are faced by the national judiciary in enforcing national and EU competition in the context of the decentralised regime of competition law enforcement that was introduced by Reg. 1/2003.ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.70159",,,,,Competition (biology); Training (meteorology); Psychology; Political science; Medical education; Medicine; Geography; Ecology; Meteorology; Biology,,,,,https://core.ac.uk/download/pdf/45687580.pdf,http://dx.doi.org/10.2139/ssrn.2772039,,10.2139/ssrn.2772039,,,0,003-694-929-515-141; 004-675-980-488-380; 011-828-596-571-882; 021-866-234-875-90X; 025-443-026-568-64X; 059-265-815-690-116; 059-352-271-170-344; 062-167-322-423-684; 065-966-264-208-969; 066-643-627-666-804; 106-798-321-814-320; 132-795-286-230-109; 142-858-183-049-794; 155-638-095-805-139; 156-814-847-174-04X; 180-958-121-022-875,0,true,cc-by,green
174-909-102-732-304,A general view of Albanian legislation on Distance Contracts,2013-10-01,2013,journal article,Academic Journal of Interdisciplinary Studies,22813993; 22814612,Richtmann Publishing,,Ersida Teliti,"Distance contracts are used very often nowadays in Albania. Most of consumer buy goods and services using the means of distance communication, such as: telephone, email, television etc. Even they buy, they are not aware about the conclusion of such contract. The consumer does not have any information about their rights and the trader’s obligations. So, they get under trader powers without exercising their rights. The aim of this article is to give a general view about the provisions of distance contracts according to Albanian law “On consumer protection”. Also, the article offers a comprehensive view to Albanian law provisions and those offers from the European legislator. In the end, the article gives some recommendations in order to improve our law and how to make it more effective. DOI: 10.5901/ajis.2013.v2n11p203",2,11,203,203,Business; Goods and services; Law; Order (business); Legislation; Legislator; Consumer protection,,,,,https://www.richtmann.org/journal/index.php/ajis/article/download/1482/1500 https://www.richtmann.org/journal/index.php/ajis/article/view/1482 https://www.mcser.org/journal/index.php/ajis/article/download/1482/1500 https://www.mcser.org/journal/index.php/ajis/article/view/1482 https://core.ac.uk/download/pdf/228564245.pdf,http://dx.doi.org/10.5901/ajis.2013.v2n11p203,,10.5901/ajis.2013.v2n11p203,1980743220,,0,,1,true,cc-by,hybrid
175-034-594-655-348,A risk-based approach towards infringement prevention on the internet: adopting the anti-money laundering framework to online platforms,2018-07-27,2018,journal article,International Journal of Law and Information Technology,09670769; 14643693,Oxford University Press (OUP),United Kingdom,Carsten Ullrich,"This paper suggests a new approach towards online service provider liability which relies on duty of care. It proposes a concrete compliance framework for online platforms, borrowed from risk regulation, and modeled on anti-money laundering (AML) obligations in the financial sector. First, the prohibition on obliging platforms to monitor content in a general manner under the E-Commerce Directive will be discussed. On the face of it this may clash with a standardized requirement to filter for infringing content. Subsequently, the regulatory choice for such a duty of care standard will be explored. It is argued that the largely self-regulatory proposals currently on the table may be ill fitted to achieve traction and accountability. Finally, a three-tier compliance framework, modeled on the AML system and using a risk-based approach, is proposed. The pitfalls of such a highly automated compliance solution, which enforces complex legal norms, will also be touched on.",26,3,226,251,The Internet; Risk analysis (engineering); Service provider; Business; Accountability; Duty of care; Liability; Directive; Money laundering; Risk-based testing,,,,,https://orbilu.uni.lu/handle/10993/36284 https://dblp.uni-trier.de/db/journals/ijlit/ijlit26.html#Ullrich18 https://academic.oup.com/ijlit/article-abstract/26/3/226/5060369 https://core.ac.uk/download/pdf/162023113.pdf,http://dx.doi.org/10.1093/ijlit/eay008,,10.1093/ijlit/eay008,2884252216,,0,,3,true,cc-by-nc-sa,green
175-231-440-496-586,A Comparative Analysis of Competition Law Regimes with the Increase of E-Commerce in India and U.S.A,2022-04-24,2022,journal article,ECS Transactions,19385862; 19386737,The Electrochemical Society,,Sunayana Bhat; Sonika Bhardwaj,"<jats:p>The growth in analytics and cloud technologies has provided an interface where it is more interactive and approachable for the consumer to decide about purchases and varieties. The authors in this paper will be addressing the existence of anti competitive practices in India, US, and provide a comparative study of the enforceability of competition laws in these countries respectively. India is primarily considered as one of the lucrative markets with highest usage of mobile phones and data and growing demand for the same, the new entrants in the market are finding it difficult with the anti-competitive aspects, for instance unfair practices by gatekeepers. The authors will research on the need to promote economic growth post pandemic and the necessary steps to be incorporated in such promotions so as to increase the demand and supply, but at the same time maintain the competition.</jats:p>",107,1,19415,19421,,,,,,,http://dx.doi.org/10.1149/10701.19415ecst,,10.1149/10701.19415ecst,,,0,,0,false,,
175-384-529-497-953,Chief Justice Fuller,,1910,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Robert P. Reeder,,59,1,1,,Political science; Justice (ethics); Criminology,,,,,https://core.ac.uk/display/151689232 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7210&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol59/iss1/2/ https://core.ac.uk/download/151689232.pdf,http://dx.doi.org/10.2307/3307667,,10.2307/3307667,794517853,,0,,1,true,,
175-717-418-995-186,"International Review of Law, Computers &amp; Technology - Regulating security on the Internet : control versus trust",2017-03-19,2017,journal article,"International Review of Law, Computers & Technology",13600869; 13646885,Informa UK Limited,United Kingdom,Bibi van den Berg; Esther Keymolen,"This article focuses on the role of government in relation to ; cybersecurity. Traditionally, cybersecurity was primarily seen as a ; technical issue. In recent years, governments have realised that they, ; too, have a stake in securing the Internet. In their attempts to grapple;  with cybersecurity, governments often turn to technical solutions to ; ‘code away’ illegal or undesired behaviours. ‘Techno-regulation’ has ; become popular because it may seem to be an effective and cheap way of ; increasing control over end users’ behaviours and increasing ; cybersecurity. In this article, we will explain why using ; techno-regulation has significant downsides and, therefore, why it may ; be unwise to use it as a dominant regulatory strategy for securing the ; Internet. We argue that other regulatory strategies ought to be ; considered as well, most importantly: trust. The second part of this ; article explains that trust can be used as an implicit strategy to ; increase cybersecurity or as an explicit mechanism for the same goal.",31,2,188,205,Internet privacy; The Internet; Business; Government; Cyber-security regulation; Control (management); Mechanism (sociology); Computer security; End user,,,,,https://research.tilburguniversity.edu/en/publications/regulating-security-on-the-internet-control-versus-trust https://pure.uvt.nl/ws/files/28688627/Regulating_security_on_the_Internet_control_versus_trust.pdf https://www.tandfonline.com/doi/full/10.1080/13600869.2017.1298504 https://www.narcis.nl/publication/RecordID/oai%3Ascholarlypublications.universiteitleiden.nl%3Aitem_2949150 https://www.tandfonline.com/doi/pdf/10.1080/13600869.2017.1298504 https://scholarlypublications.universiteitleiden.nl/handle/1887/70670/ https://core.ac.uk/download/196334265.pdf,http://dx.doi.org/10.1080/13600869.2017.1298504,,10.1080/13600869.2017.1298504,2603196080,,0,002-574-125-845-978; 004-225-988-763-297; 004-462-772-427-859; 012-539-559-849-748; 013-778-199-887-867; 014-599-775-938-275; 020-564-984-792-134; 022-273-630-092-483; 026-755-467-053-093; 030-305-706-347-985; 030-713-894-998-461; 034-629-704-952-90X; 035-065-780-323-81X; 038-991-079-669-881; 042-161-509-269-688; 044-769-259-758-195; 045-982-515-724-648; 049-966-635-877-02X; 051-492-324-941-450; 053-760-502-839-944; 062-862-772-100-748; 066-693-776-979-965; 067-578-379-193-208; 070-600-473-169-913; 078-399-175-600-655; 079-480-161-808-417; 079-507-902-657-255; 080-386-496-825-168; 082-172-450-406-514; 084-225-848-579-588; 086-973-972-122-071; 090-482-820-952-736; 093-016-417-922-300; 095-106-535-069-947; 101-618-944-514-671; 130-041-527-816-036; 134-594-239-465-003; 135-956-866-009-56X; 140-227-644-673-626; 146-433-173-921-624; 151-681-790-455-749; 156-423-990-605-377; 156-474-861-924-515; 168-278-766-998-601; 170-882-143-634-230; 179-388-884-405-332; 187-765-177-394-276; 188-191-783-452-866; 196-949-502-052-548,23,true,cc-by-nc-nd,hybrid
175-976-000-508-033,A FASHION FLOP: THE INNOVATIVE DESIGN PROTECTION AND PIRACY PREVENTION ACT,2013-10-25,2013,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Lauren E. Purcell,<jats:p>A FASHION FLOP: THE INNOVATIVE DESIGN PROTECTION AND  PIRACY PREVENTION ACT </jats:p>,31,,203,220,Advertising; Business; Marketing,,,,,http://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/53 http://jlc.law.pitt.edu/ojs/index.php/jlc/article/download/53/44 https://core.ac.uk/download/pdf/296521671.pdf,http://dx.doi.org/10.5195/jlc.2013.53,,10.5195/jlc.2013.53,2010122133,,0,,1,true,cc-by-nc-nd,gold
176-054-630-740-166,The parties’ choice of the Common European Sales Law – which governing law?,2016-02-15,2016,journal article,Amicus Curiae,2048481x; 14612097,School of Advanced Study,,Maren Heidemann,"In this paper Maren Heidemann (Lecturer in Commercial Law, University of Glasgow) seeks answers and suggests solutions, especially in respect of the lex contractus status of a potential sales law instrument. It looks at the possibilities of an express choice of the Council on a Common European Sales Law by the parties to a potential contract employing the CESL. The first part of the paper (A-C) briefly sets out the proposed structure and content of the CESL in order to provide a basis for an analysis and recommendation in the second part (D-F). The aim of this research is to suggest a consistent solution to the problems arising on the one hand from the (widely detected) defective drafting of this proposal, as well as from the underlying status quo of current European private international law doctrines relating to lex contractus , both on an EU level and within the national laws.",2014,97,2,13,European Union law; Political science; Structure (mathematical logic); Law; Order (business); Status quo; European union; Conflict of laws; Commercial law,,,,,https://sas-space.sas.ac.uk/9240/ https://journals.sas.ac.uk/amicus/article/view/2266 http://eprints.gla.ac.uk/99376/ https://core.ac.uk/download/196221802.pdf,http://dx.doi.org/10.14296/ac.v2014i97.2266,,10.14296/ac.v2014i97.2266,3123052978,,0,,1,true,,green
176-055-974-305-883,The right to a fair trial and a modern civil procedure model,2018-06-12,2018,journal article,Problems of Legality,2414990x; 22249281,Yaroslav Mudryi National Law University,,Наталія Юріївна Сaкара,"In the article the author tries to depart from the previous conventional approach according to which the model of civil procedure is characterized only as adversarial one. The author’s approach to the definition of model of civil procedure is based on the requirements of art. 6 (1) ECHR and the judgments of the Court, where the content and the scope of the right to a fair trial are determined. Abovementioned has allowed to conduct a complex study and to analyze the institutional, structural-functional, substantive, and procedural features of such model. From the institutional point of view c ivil procedure should involve the judicial activity of courts directly integrated into the Judicial System of Ukraine, other jurisdictional bodies as well as enforcement bodies. This order is internally structured and covers both disputable and “conditionally” disputable proceedings and law-enforcement procedures, as well as stages of logical and functional character. In this regard, despite the existence of three procedural codes in Ukraine civil, economic and administrative proceedings should be included to a single civil procedure and, accordingly, be carried out in compliance with the fundamental principles of fair trial. The latter provide, firstly, that the access to jurisdictional and enforcement bodies should not be burdened by excessive legal or economic obstacles. Secondly, the case hearing should occur in compliance with the due (fair) procedure. Thirdly, the hearing should be public. Fourthly, there should be reasonable time of a trial and execution. Fifthly, the jurisdictional body should be independent, unbiased and established by law. Sixthly, enforcement of decisions of jurisdictional bodies should be carried out without undue delay. Civil procedure is considered to be the order for resolving civil cases according to the fundamental principles of fair trial, which is taken by courts in civil, economic and in certain occasions, administrative proceedings as well as, jurisdictional bodies and execution of court decisions by bailiffs and other authorities which make an execution of court judgments and decision of other authorities.",0,141,65,79,Political science; Order (exchange); Law and economics; Logical conjunction; Right to a fair trial; Enforcement; Scope (project management); Compliance (psychology); Adversarial system; Civil procedure,,,,,http://plaw.nlu.edu.ua/article/view/131221 http://plaw.nlu.edu.ua/article/download/131221/130433 https://core.ac.uk/download/pdf/233584374.pdf,http://dx.doi.org/10.21564/2414-990x.141.131221,,10.21564/2414-990x.141.131221,2904511020,,0,036-229-234-336-757; 126-303-893-265-564; 138-216-650-127-087,0,true,cc-by,gold
177-308-647-153-543,Competition or Control IV: Air Carriers,,1961,journal article,University of Pennsylvania Law Review,00419907,JSTOR,United States,G. E. Hale; Rosemary D. Hale,,109,3,311,,Business; Control (management); Competition (economics); Industrial organization,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol109/iss3/1/ https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=6942&context=penn_law_review https://core.ac.uk/display/151689193 https://core.ac.uk/download/151689193.pdf,http://dx.doi.org/10.2307/3310493,,10.2307/3310493,1062866556,,0,,0,true,,green
179-205-797-808-577,State Authority and Responsibility in the Atomic Energy Field,,1962,journal article,Duke Law Journal,00127086,JSTOR,United States,Albert J. Esgain,,1962,2,163,,,,,,,https://core.ac.uk/download/62552394.pdf,http://dx.doi.org/10.2307/1371223,,10.2307/1371223,,,0,,0,true,,green
179-236-024-605-251,‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 2: Applying custom as law to the Internet infrastructure ☆,,2010,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Warren B. Chik,"Abstract The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.",26,2,185,202,The Internet; Business; Public law; Public international law; Law; Customary international law; Cyberspace; Computer security; Legal aspects of computing; Private law; Commercial law,,,,,http://www.sciencedirect.com/science/article/pii/S026736491000021X https://core.ac.uk/display/13249478 https://works.bepress.com/warren_chik/13/ https://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1842&context=sol_research https://ink.library.smu.edu.sg/sol_research/843/ https://dblp.uni-trier.de/db/journals/clsr/clsr26.html#Chik10a https://www.sciencedirect.com/science/article/pii/S026736491000021X https://works.bepress.com/warren_chik/13/download/ https://core.ac.uk/download/13249478.pdf,http://dx.doi.org/10.1016/j.clsr.2010.01.007,,10.1016/j.clsr.2010.01.007,2076805029,,0,,0,true,cc-by-nc-nd,green
179-398-301-473-78X,KEBIJAKAN FORMULASI HUKUM PIDANA DALAM MELINDUNGI TRANSAKSI E - COMMERCE DI INDONESIA,2011-10-01,2011,journal article,LAW REFORM,25808508; 18584810,Institute of Research and Community Services Diponegoro University (LPPM UNDIP),,Rizka Andi Fitriono,"Kegiatan perdagangan di masyarakat telah berkembang sangat pesat. Hal tersebut dipengaruhi salah satunya dengan berkembangnya teknologi yang berbasis internet yang dikenal dengan nama e-commerce. E-commerce merupakan bentuk perdagangan yang mempunyai karakteristik tersendiri yaitu perdagangan yang melintasi batas negara, tidak bertemunya penjual dan pembeli, media yang dipergunakan internet.Kondisi tersebut di satu sisi sangat menguntungkan bagi para pihak baik konsumen maupun pelaku usaha karena Akses ke pasar global secara langsung dan banyak pilihan yang didapat dengan mudah, di sisi lain menimbulkan kejahatan baru karena karakteristik e-commerce yang khas. Maka dari itu sangat diperlukan perlindungan hukum dalam transaksi e-commerce. Sehubungan dengan hal tersebut, dalam tesis ini diangkat tiga permasalahan yaitu pertama bagaimanakah kebijakan formulasi hukum pidana dalam melindungi terhadap transaksi e commerce saat ini dan kedua bagaimanakah Kebijakan Formulasi Hukum Pidana dalam melindungi terhadap transaksi e-commerce yang akan datang. Metodelogi yang dipakai dalam penelitian ini menggunakan pendekatan yang yang bersifat yuridis normatif, yaitu dengan mengkaji/menganalisis data sekunder yang berupa bahan-bahan hukum terutama bahan hukum primer dan bahan hukum sekunder, Serta ditunjang dengan pendekatan yuridis historis dan yuridis komparatif. Hasil analisa yang dapat dijadikan sebagai kesimpulan dalam tesis ini terhadap Kebijakan Formulasi Hukum Pidana dalam melindungi terhadap transaksi e commerce saat ini  belum tercantumnya secara jelas dan terpadu dalam hukum positif di Indonesia, baik dalam Kitab UndangUndang Hukum Pidana (KUHP), maupun dalam perundang-undangan di luar KUHP. Akan tetapi, terdapat ketentuan dalam KUHP dan dalam perundang-undangan di luar KUHP yang dapat diterapkan terhadap transaksi e-commerce. Kebijakan formulasi perlindungan hukum pidana dalam transaksi e-commerce  yang akan datang adalah Konsep KUHP 2008 namun kebijakan formulasi ini dirasa masih kurang karena tidak mengatur secara khusus terhadap tindak pidana transaksi e-commerce. Oleh karena itu, menurut penulis Para pembuat kebijakan formulasi hukum pidana dalam melindungi  terhadap transaksi e-commerce seyogyanya adanya hubungan dan harmonisasi Undang-Undang Nomor 11 Tahun 2008 Tentang informasi dan Transaksi Elektronik yang bisa dikatakan cyberlaw Indonesia dengan undang-undang induk yaitu KUHP dan undang-undang khusus lainnya maupun konvensi internasional yang berkaitan dengan transaksi e-commerce. Kata Kunci : Kebijakan Formulasi, Transaksi E-Commerce, Hukum Pidana",7,1,76,108,,,,,,https://ejournal.undip.ac.id/index.php/lawreform/article/download/12479/9421 https://www.neliti.com/publications/108424/kebijakan-formulasi-hukum-pidana-dalam-melindungi-transaksi-e-commerce-di-indone http://ejournal.undip.ac.id/index.php/lawreform/article/view/12479/9421 https://ejournal.undip.ac.id/index.php/lawreform/article/view/12479 https://media.neliti.com/media/publications/108424-ID-none.pdf,http://dx.doi.org/10.14710/lr.v7i1.12479,,10.14710/lr.v7i1.12479,2587806864,,0,,3,true,cc-by-sa,gold
179-438-899-219-527,Virtual Competition,2016-12-01,2016,journal article,Journal of European Competition Law & Practice,20417764; 20417772,Oxford University Press (OUP),,Ariel Ezrachi; Maurice E. Stucke,"What are the implications of Big Data and Big Analytics on competition policy? EU and US competition authorities are currently grappling with this question. The EU Commission has recently issued preliminary results of its e-commerce sector inquiry. The European Data Protection Supervisor and the UK House of Lords, among others, have issued reports and convened roundtables on the issue. The OECD will host in late 2016 an enforcer roundtable on this subject. ; ; The significance of these inquires cannot be overstated, as their conclusions will determine the dynamics of future technology markets and level of antitrust intervention.</p",7,9,585,586,Competition (biology); Computer science; Business; Ecology; Biology,,,,,,http://dx.doi.org/10.1093/jeclap/lpw083,,10.1093/jeclap/lpw083,,,0,,16,true,,bronze
179-475-840-897-49X,Property and the cloud,,2018,journal article,Computer Law & Security Review,02673649,Elsevier BV,United Kingdom,Cesare Bartolini; Cristiana Santos; Carsten Ullrich,"Abstract Data is a modern form of wealth in the digital world, and massive amounts of data circulate in cloud environments. While this enormously facilitates the sharing of information, both for personal and professional purposes, it also introduces some critical problems concerning the ownership of the information. Data is an intangible good that is stored in large data warehouses, where the hardware architectures and software programs running the cloud services coexist with the data of many users. This context calls for a twofold protection: on one side, the cloud is made up of hardware and software that constitute the business assets of the service provider (property of the cloud); on the other side, there is a definite need to ensure that users retain control over their data (property in the cloud). The law grants protection to both sides under several perspectives, but the result is a complex mix of interwoven regimes, further complicated by the intrinsically international nature of cloud computing that clashes with the typical diversity of national laws. As the business model based on cloud computing grows, public bodies, and in particular the European Union, are striving to find solutions to properly regulate the future economy, either by introducing new laws, or by finding the best ways to apply existing principles.",34,2,358,390,Service provider; Data warehouse; Intangible good; Context (language use); European union; Computer security; Computer science; Business model; Data Protection Act 1998; Cloud computing,,,,,https://orbilu.uni.lu/bitstream/10993/33861/1/1-s2.0-S0267364917301681-main.pdf https://core.ac.uk/display/147014983 https://www.sciencedirect.com/science/article/pii/S0267364917301681 https://dblp.uni-trier.de/db/journals/clsr/clsr34.html#BartoliniSU18 https://doi.org/10.1016/j.clsr.2017.10.005 https://orbilu.uni.lu/handle/10993/33861 https://core.ac.uk/download/pdf/147014983.pdf,http://dx.doi.org/10.1016/j.clsr.2017.10.005,,10.1016/j.clsr.2017.10.005,2772682521,,0,002-476-672-413-294; 003-333-386-467-791; 004-258-997-802-017; 004-753-336-309-960; 005-136-753-965-857; 005-450-212-965-294; 008-570-844-572-216; 009-822-189-319-314; 009-833-245-930-040; 009-916-166-904-569; 013-006-720-146-323; 013-853-253-052-99X; 014-298-515-464-30X; 016-639-237-698-039; 017-150-814-764-140; 019-741-103-750-76X; 019-974-045-486-602; 020-253-023-257-580; 023-366-204-403-890; 025-820-735-837-671; 026-161-995-943-665; 027-711-483-176-976; 029-037-703-473-595; 031-306-991-320-036; 032-167-724-099-524; 032-468-910-747-766; 034-194-070-436-304; 035-950-347-117-697; 037-276-472-052-563; 038-229-761-969-743; 040-434-689-481-325; 044-006-821-619-112; 046-837-588-374-680; 052-852-252-370-494; 059-211-331-258-999; 059-453-354-831-411; 061-579-033-155-884; 062-759-008-820-920; 062-949-599-652-89X; 069-165-600-931-933; 071-298-995-265-373; 071-644-221-479-588; 072-832-927-028-556; 076-169-435-597-290; 077-462-412-813-690; 078-960-636-612-159; 080-895-671-262-282; 082-104-524-508-907; 084-844-741-201-553; 086-877-008-823-652; 086-974-727-241-346; 089-667-445-786-822; 090-899-528-376-499; 092-655-509-442-333; 093-281-401-985-048; 094-835-101-367-609; 099-051-322-221-853; 100-522-128-375-092; 102-244-535-230-232; 102-438-857-392-045; 102-595-276-906-561; 103-269-391-060-795; 108-127-445-284-355; 109-519-368-189-096; 118-428-788-925-574; 122-306-792-321-262; 122-375-283-999-613; 122-591-864-855-550; 126-457-835-284-902; 127-137-776-547-04X; 128-150-278-918-859; 133-460-577-816-929; 139-634-924-087-341; 146-043-224-350-216; 147-045-757-895-185; 148-514-006-334-892; 150-050-113-455-322; 154-256-550-264-339; 167-610-246-946-950; 178-185-456-190-535; 185-376-812-014-331; 189-128-072-372-688,10,true,,
180-598-268-870-709,European Networking and Training for National Competition Enforcers (ENTraNCE Judges 2013). Selected Case Notes,2015-01-01,2015,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Pier Luigi Parcu; Giorgio Monti,"This working paper includes a collection of case notes written by the national judges who attended the European Networking and Training for National Competition Enforcers (ENTraNCE Judges 2013). The training programme was organised by the RSCAS between February and November 2013, with the financial contribution of the DG Competition of the European Commission. The case notes included in the working paper summarise judgments from the different EU Member States that relate to different aspects of competition law enforcement. The working paper thus aims to increase the understanding of the challenges faced by the national judiciary in enforcing national and EU competition in the context of the decentralised regime of competition law enforcement introduced by Reg. 1/2003.ENTraNCE Training of National Judges – Call for Proposals 2014. Financial support of DG Competition of the European Commission. Grant agreement HT.4430/SI2.70159",,,,,Competition (biology); Training (meteorology); Political science; Psychology; Medical education; Medicine; Geography; Ecology; Meteorology; Biology,,,,,https://core.ac.uk/download/pdf/45685867.pdf,http://dx.doi.org/10.2139/ssrn.2631070,,10.2139/ssrn.2631070,,,0,020-503-156-725-754; 033-702-663-570-797; 086-526-114-471-49X; 119-551-122-687-16X; 145-833-450-296-940; 177-530-927-618-971; 184-630-029-426-048,0,true,cc-by,green
181-232-852-068-934,The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment),2020-03-31,2020,journal article,Journal of Accounting and Finance in Emerging Economies,25188488; 25190318,"CSRC Publishing, Center for Sustainability Research and Consultancy",,Shahzada Aamir Mushtaq; Fraz Ashraf Khan,"The purpose of this article stated that the global economic arena has taken new insights across the shore of nations.  THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.",6,1,73,86,Business; International trade; Globalization; Extraterritorial jurisdiction; Competition law; Relevant market; Cartel; Price fixing; Enforcement; Monopolization,,,,,https://ideas.repec.org/a/src/jafeec/v6y2020i1p73-86.html https://core.ac.uk/download/322567860.pdf,http://dx.doi.org/10.26710/jafee.v6i1.1052,,10.26710/jafee.v6i1.1052,3022668258,,0,008-436-992-511-450; 023-986-998-317-675; 029-199-759-380-015; 033-713-258-874-205; 076-354-295-917-938; 115-556-378-636-662; 118-101-102-074-783; 141-409-222-515-939,0,true,cc-by-nc,gold
182-187-172-212-505,Competition policy in modern retail markets,2015-11-26,2015,journal article,Journal of Antitrust Enforcement,20500688; 20500696,Oxford University Press (OUP),,Hans W. Friederiszick; Ela Glowicka,"With e-commerce having accelerated over recent years, retailing has changed significantly. Manufacturers and retailers have established multichannel (offline/online) strategies within which pricing restraints often constitute a central element. Behind these strategies sits the firms’ ambition to find a solution to free-riding. Free-riding results in non-optimal service levels and price setting and thus offers a business justification for pricing restrains which, in many instances, are viewed as infringements under Article 101 or 102 Treaty on the Functioning of the European Union (TFEU). In this article we map out the alignment of characteristics of products targeted by recent antitrust enforcement in Europe with the likelihood of free-rider effects taking place. Specifically in the case of products with search and experience characteristics, we find intensive enforcement activity despite prevalent free-rider effects.",4,1,42,83,Business; Service level; Enforcement; Treaty on the Functioning of the European Union; Competition policy; Central element; Price setting; Antitrust enforcement; Market economy; Industrial organization,,,,,https://academic.oup.com/antitrust/article/4/1/42/2196281 http://awards.concurrences.com/IMG/pdf/j_antitrust_enforcement-2015-friederiszick-jaenfo_jnv030.pdf http://antitrust.oxfordjournals.org/content/4/1/42.abstract,http://dx.doi.org/10.1093/jaenfo/jnv030,,10.1093/jaenfo/jnv030,2177127791,,0,,3,false,,
182-784-262-938-655,Modern Developments of the Law of Prize,,1927,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,F. Cyril James,,75,6,505,,Political science; Law,,,,,https://scholarship.law.upenn.edu/penn_law_review/vol75/iss6/2/ https://core.ac.uk/display/151689889 https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=8158&context=penn_law_review https://core.ac.uk/download/151689889.pdf,http://dx.doi.org/10.2307/3307534,,10.2307/3307534,761746960,,0,,0,true,,green
183-462-201-129-218,Legal Controls on the Use of Arbitration Clause in B2C e-Commerce Contracts,2009-02-16,2009,journal article,Masaryk University journal of law and technology,18025943,,,Julia Hörnle,"This article reviews the law on the enforceability of consumer arbitration clauses and discusses whether such clauses would be enforceable if contained in B2C ecommerce contracts. In so doing, it makes a distinction between pre- and post dispute arbitration clauses. The article dicusses and analyses arbitrability and the control of unfair contract terms in two major common law jurisdictions, namely the UK and the US. For this analysis the article compares and contrasts the control of unfair contract terms in the UK with the doctrine of unconscionability of certain adhesion clauses in the US. The UK law in this area is largely based on an EU Directive (Directive 93/13/EEC on unfair terms in consumer contracts) and its implementing Regulations (Unfair Terms in Consumer Contracts Regulations 1999). However in addition, national law (the Arbitration Act 1996) provides for additional consumer protection.",2,1,23,37,Business; Arbitration; Common law; Exclusion clause; Law; Arbitration clause; Consumer arbitration; European union; Consumer protection; Unconscionability,,,,,https://www.ceeol.com/search/article-detail?id=895737 https://journals.muni.cz/mujlt/article/download/2473/2037 https://journals.muni.cz/mujlt/article/view/2473/2037,https://www.ceeol.com/search/article-detail?id=895737,,,2617699570,,0,,2,false,,
185-340-371-438-491,A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean,2013-09-27,2013,journal article,International Journal of Law in the Built Environment,17561450; 17561469,Emerald,United Kingdom,Alan Abela; Mike Hoxley; Paddy McGrath; Steve Goodhew,"Purpose – The Energy Performance of Buildings Directive (EPBD) 2002/91/EC introduced various obligatory requirements intended to achieve the reduction of use of energy resources in buildings. This directive had to be transposed into national legislation by the EU member states. Concurrently the European Committee for Standardisation developed a number of technical standards to assist member states to define the methodology for the calculation of the energy performance of buildings. The purpose of this paper is to present a comparative review of the relationship between the European directive and the standards, and the different country legislation and methodologies that have been implemented in Malta, Italy, Spain and Cyprus.Design/methodology/approach – The analysis is based on a review of national legislation in the four states. Reference is also made to publications by the Concerted Action for the EPBD and to related publications by the national bodies responsible for the implementation of the EPBD. Th...",5,3,222,240,Environmental resource management; Engineering; Technical standard; Legislation; Directive; Energy performance; Energy resources; Member states; Environmental planning,,,,,http://irep.ntu.ac.uk/id/eprint/13115/ https://www.um.edu.mt/library/oar/handle/123456789/19963 https://www.um.edu.mt/library/oar/bitstream/123456789/19963/1/A%20comparative%20analysis%20of%20implementation%20of%20the%20Energy%20Performance%20of%20Buildings%20Directive%20in%20the%20Mediterranean.pdf https://www.emerald.com/insight/content/doi/10.1108/IJLBE-11-2012-0025/full/html https://core.ac.uk/download/84894561.pdf,http://dx.doi.org/10.1108/ijlbe-11-2012-0025,,10.1108/ijlbe-11-2012-0025,2060027768,,0,011-841-492-404-867; 017-012-616-401-765; 020-114-874-681-064; 028-211-718-187-297; 031-509-659-574-632; 046-845-579-236-227; 054-863-529-241-713; 066-672-117-993-787; 073-785-631-181-057; 101-128-516-744-17X; 141-433-360-782-98X; 145-480-948-738-32X; 183-337-865-730-732,3,true,,
185-390-634-096-653,The Australian Arbitration Framework,,2016,journal article,SSRN Electronic Journal,15565068,Elsevier BV,,Benjamin Hayward,"International commercial arbitration and domestic commercial arbitration are dispute resolution processes that take place outside of the courts, but which are still grounded in law. This paper analyses the legal framework for international and domestic arbitration in Australia, by reference to Australia's arbitration legislation, its institutions and their rules, and the role of the courts. As the process of arbitration is grounded in law, an understanding of this legal framework for arbitration in Australia is an essential first step in understanding how and why arbitration 'works' in Australia.",,,,,Dispute resolution; Arbitration; Compulsory arbitration; Political science; JAMS; Law; Legislation; Procedural law; Process (engineering),,,,,https://core.ac.uk/display/33207605 https://www.ssrn.com/abstract=2767970 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2767970 http://hdl.handle.net/10536/DRO/DU:30082985,http://dx.doi.org/10.2139/ssrn.2767970,,10.2139/ssrn.2767970,2342211662,,0,006-483-170-517-916; 014-384-831-132-703; 044-318-001-453-674; 060-201-428-818-071; 069-673-034-408-646; 074-430-641-076-297; 109-660-449-853-983; 154-071-596-733-03X; 185-295-056-700-218,0,true,,green
186-059-216-279-883,Judicialization: The Twilight of Administrative Law,,1985,journal article,Duke Law Journal,00127086,JSTOR,United States,Loren A. Smith,"At its December, 1984 Plenary Session, the Administrative Conference of the United States devoted a part of its agenda to an exchange of ideas on the current state of administrative law and the directions in which this field is likely to move-or be pushed-in the foreseeable future. Perhaps because modern administrative agencies are such a curious admixture of the political, bureaucratic, and judicial components of government, the study of administrative law derives particular benefits from analyses and critiques that emphasize social utility as well as legal precedent. In no other area of the law do the current political agenda and social climate affect so directly both the legal process and its end products. The deliberately provocative essay that follows was written especially for this year\u27s Administrative Law Issue by Loren A. Smith, Chairman of the Administrative Conference. Mr. Smith argues that the current level of judicialization and overproceduralization of the administrative process is a symptom of a fundamental dysfunction. He reminds us that formal methodologies cannot by themselves resolve the difficult issues that inevitably arise in the context of those important social programs placed under the auspices of the administrative agencies and argues that an infatuation with procedural safeguards-the traditional focus of administrative law studies-is counterproductive insofar as it has the effect of diverting attention away from critical substantive problems.  Hard looks,  Mr. Smith concludes, may be a frustrated body politic\u27s way of avoiding  hard choices,  and he calls for a renewed recognition of the essentially political-and hence fully accountable-nature of the federal administrative process",1985,2,427,,,,,,,https://core.ac.uk/download/62550174.pdf,http://dx.doi.org/10.2307/1372360,,10.2307/1372360,,,0,,7,true,,green
186-528-590-911-817,Police Discretion and Discriminatory Enforcement,,1971,journal article,Duke Law Journal,00127086,JSTOR,United States,Joseph H. Tieger,,1971,4,717,,,,,,,https://core.ac.uk/download/62551211.pdf,http://dx.doi.org/10.2307/1371673,,10.2307/1371673,,,0,,3,true,,green
186-607-145-408-194,Legal progress of e-commerce legislation in Central Asia during the COVID-19 period,2022-01-19,2022,journal article,Общество и инновации,21811415,inScience LLC,,Ammar Younas; Aminjon Kalandarov; Mukhammad Ali Turdialiyev,"<jats:p>At the peak of the 4th Industrial Revolution, the legal systems of different countries are trying to adapt the national legal and law enforcement systems of their states to new business areas and technological innovations. One of these areas is Internet business. This type of commerce was practically not regulated in legal and legal terms. The Central Asian countries are systematically trying to update their legal systems, including laws related to e-commerce. The pandemic has accelerated the adoption of laws regulating e-commerce. Since it is impossible to predict when the pandemic will end, there are opinions that we need to learn to live with it. The economic consequences are directly reflected in the banking and financial, manufacturing, services and foreign trade activities of the economies of the Central Asian countries. This article is an overview of the current progress in the field of e-commerce in Central Asia. Since several legal acts were adopted during the period of COVID-19, a generalized overview of the laws on electronic commerce in the era before COVID-19 is analyzed.</jats:p>",2,6,170,176,Legislation; Enforcement; Business; E-commerce; International trade; Law; Political science,,,,,,http://dx.doi.org/10.47689/2181-1415-vol2-iss6-pp170-176,,10.47689/2181-1415-vol2-iss6-pp170-176,,,0,,0,true,cc-by,hybrid
186-950-396-510-124,Rome I Regulation a—Mostly—Unified Private International Law of Contractual Relationships within—Most—of the European Union,2011-05-01,2011,journal article,Journal of Law and Commerce,21647984; 07332491,"University Library System, University of Pittsburgh",,Behr Volker,"The year 2009 was an important year in the development of unified private international law in the European Union. At the beginning of the year, Regulation (EC) No. 864/2007 on the law applicable to non-contractual obligations (Rome II)  entered into force. And at the end of the year Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I) followed suit. Hence, within one year significant parts of the private international law relevant to international business transactions have been unified within most of the Member States of the European Union. Further segments are to follow up on these developments.",29,2,,,Comparative law; Political science; Public law; International business; Law; Rome I Regulation; European union; International law; Conflict of laws; Municipal law,,,,,https://jlc.law.pitt.edu/ojs/index.php/jlc/article/view/3 https://core.ac.uk/download/pdf/296521702.pdf,http://dx.doi.org/10.5195/jlc.2011.3,,10.5195/jlc.2011.3,2051630833,,0,,7,true,cc-by-nc-nd,hybrid
187-101-733-107-783,Digital Trade and Dispute Settlement in RTAs: An Evolving Standard?,2019-10-01,2019,journal article,Journal of World Trade,10116702,Kluwer Law International BV,,Marc D. Froese,"<jats:p><jats:italic>There were 288 regional trade agreements (RTAs) in force at the end of 2018, approximately one quarter (27%) of which included digital trade provisions. These e-commerce chapters have evolved from simple statements, to more comprehensive attempts to cultivate digital trade. This article tests the hypothesis that as e-commerce chapters have become more common and more detailed, their legal enforceability has also risen. Enforceability is measured using a qualitative empirical analysis of seventy-eight e-commerce chapters in RTAs notified to the World Trade Organization. The first section reviews recent initiatives to map and track e-commerce provisions in RTAs. The second section uses count data and text-as-data to develop a time-sequence, process tracing examination of the relationship between e-commerce chapters and dispute settlement. The analysis emphasizes the trajectory of development, from earliest related provisions in 2001 to next-generation agreements such as the Trans-Pacific Partnership (CPTPP) and the newNorth American agreement, the United States-Mexico-Canada Free Trade Agreement (USMCA). The conclusion provides a discussion of the consequences of this evolving relationship for the multilateral governance of trade at the WTO.</jats:italic></jats:p>",53,Issue 5,783,809,,,,,,,http://dx.doi.org/10.54648/trad2019031,,10.54648/trad2019031,,,0,,2,false,,
187-887-425-013-301,Beyond Economic Theory: A Model for Analyzing the Antitrust Implications of Exclusive Dealing Arrangements,,1996,journal article,Duke Law Journal,00127086,JSTOR,United States,Wanda Jane Rogers,,45,5,1009,1048,Public economics; Economics; Law and economics; Exclusive dealing,,,,,https://scholarship.law.duke.edu/dlj/vol45/iss5/3/ https://core.ac.uk/download/62549220.pdf,http://dx.doi.org/10.2307/1372977,,10.2307/1372977,1577067027,,0,,1,true,,green
188-307-287-076-496,Mediation: Singapore convention 2018 reshaping alternate dispute resolution and enforcement,2018-09-01,2018,journal article,LSJ: Law Society of NSW Journal,,,,Craig Carter,"On 10 June 1958, the rather innocuously entitled document 'E/CONF.26/8' was adopted by the United Nations General Assembly in New York. Sixty years on, the 'New York Convention', as it is better known, arguably enjoys the greatest impact of any one single instrument adopted by the General Assembly. Currently, 153 of the 193 United Nations member States are signatories and much of the cross border trade and commerce seen throughout today's world relies upon it for dispute resolution and enforcement processes.",,48,84,,Dispute resolution; Alternative dispute resolution; Publishing; Project commissioning; Political science; Mediation; Law; General assembly; Enforcement; Convention,,,,,https://search.informit.com.au/documentSummary;dn=826011006417065;res=IELAPA,https://search.informit.com.au/documentSummary;dn=826011006417065;res=IELAPA,,,2980096400,,0,,0,false,,
188-762-236-378-448,Proving the Integrity of Digital Evidence with Time,,2002,journal article,International Journal of Digital Evidence,,,,Chet Hosmer,"During the latter half of the 20 century, a dramatic move from paper to bits occurred. Our use of digital communication methods such as the world-wide-web and e-mail have dramatically increased the amount of information that is routinely stored in only a digital form. On October 1, 2000 the Electronic Signatures in National and Global Commerce Act was enacted, allowing transactions signed electronically to be enforceable in a court of law. (Longley) The dramatic move from paper to bits combined with the ability and necessity to bring digital data to court, however, creates a critical question. How do we prove the integrity of this new form of information known as “digital evidence”?",1,,,,Electronic signature; Digital data; Digital evidence; Critical question; Communication methods; Computer security; Computer science,,,,,https://dblp.uni-trier.de/db/journals/ijde/ijde1.html#Hosmer02 https://www.utica.edu/academic/institutes/ecii/publications/articles/9C4EBC25-B4A3-6584-C38C511467A6B862.pdf,https://dblp.uni-trier.de/db/journals/ijde/ijde1.html#Hosmer02,,,2169049929,,0,024-161-827-439-782; 034-069-782-815-668; 048-947-273-147-82X; 056-386-235-841-645,44,false,,
189-011-839-445-426,Study on legal system of electronic bills,,2006,journal article,Journal of Anshan University of Science and Technology,,,,Wang Shu,"Started from the tendency of e-bills market and enactment and enforcement of electronic signatures law,the conflict between e-bills and the theory of commerce instrument law in force was analyzed from four aspects such as written form,original document,signature and effect of evidence.Based on the research about our country's electronic signatures law,the realistic significance of affirming the legal status of e-signatures was elaborated.Which reviews that extensive interpretation to commerce instrument law and building registration system of e-bills can solve its perfecting problem.",,,,,Engineering; Signature (logic); Electronic signature; Enforcement; Legal status; Registration system; Computer security; Interpretation (philosophy),,,,,https://en.cnki.com.cn/Article_en/CJFDTOTAL-ASGT200601019.htm,https://en.cnki.com.cn/Article_en/CJFDTOTAL-ASGT200601019.htm,,,2363135995,,0,,0,false,,
189-184-521-874-584,The FTC’s Annual Line-of-Business Reporting Program,1975-05-01,1975,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Kenneth C. Hunt,,24,2,389,405,Accounting; Line of business; Business,,,,,https://scholarship.law.duke.edu/dlj/vol24/iss2/7/ https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2527&context=dlj https://core.ac.uk/display/62560218 https://core.ac.uk/download/62560218.pdf,https://scholarship.law.duke.edu/dlj/vol24/iss2/7/,,,1516615685,,0,,0,true,,
189-723-283-189-193,Flash Sale Sebagai Indikasi Predatory Pricing pada Aplikasi E-Commerce Perspektif Hukum Persaingan Usaha,2022-02-27,2022,journal article,Jurnal Preferensi Hukum,28099656; 27465039,Universitas Warmadewa,,Komang Kory Jayani; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti,"<jats:p>E-commerce services are currently implementing flash sale promos which are one of the marketing strategies by issuing discounts or discounts at certain times even reaching the price of nine hundred and ninety-nine rupiahs. This is an indication of Predatory Pricing which is prohibited in business competition law. This study aims to examine the setting of flash sales on E-commerce applications which are indicated as Predatory Pricing, and reveal law enforcement on Predatory Pricing actors who carry out flash sales on E-commerce applications. In this study using a normative research method with a Legislative approach. The legal materials used are primary and secondary legal materials. Library data collection techniques or library research related to flash sales practices as an indication of Predatory Pricing in E-commerce applications. The results of the study indicate that the provisions of Article 20 of Law Number 5 of 1999, that Predatory Pricing is not necessarily prohibited, but it must be proven that predatory pricing will result in unfair business competition, from this it can be seen that not all selling and loss activities is an unlawful act. The flash sale promo that is carried out by one of these E-commerce is not classified as Predatory Pricing, because it does not meet the requirements and elements of the act described in Law Number 5 of 1999 concerning unfair business competition</jats:p>",3,1,42,47,Predatory pricing; Business; Competition (biology); Enforcement; Purchasing; Consumer protection; Commerce; Law; Advertising,,,,,,http://dx.doi.org/10.22225/jph.3.1.4622.42-47,,10.22225/jph.3.1.4622.42-47,,,0,,0,true,,gold
192-067-011-031-718,Control of Property by the Dead: II,,1917,journal article,University of Pennsylvania Law Review and American Law Register,07499833,JSTOR,,Austin Wakeman Scott,,65,6,527,,Political science; Property (philosophy); Control (linguistics); Control theory,,,,,https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=7635&context=penn_law_review https://scholarship.law.upenn.edu/penn_law_review/vol65/iss6/2/ https://core.ac.uk/display/151689410 https://core.ac.uk/download/151689410.pdf,http://dx.doi.org/10.2307/3313941,,10.2307/3313941,1552508766,,0,,1,true,,
192-361-891-140-783,Export Cartels: Is it Legal to Target your Neighbour? Analysis in Light of Recent Case Law,2012-02-28,2012,journal article,Journal of International Economic Law,13693034; 14643758,Oxford University Press (OUP),United Kingdom,Marek Martyniszyn,"Despite the growing sophistication of antitrust regimes around the world, export cartels benefit from special treatment: they are almost universally tolerated, if not encouraged in the countries of origin. Economists do not offer an unambiguous policy recommendation on how to deal with them in part due to the lack of empirical data. This article discusses arguments for and against export cartels and it identifies the existing gaps in the present regulatory framework. The theoretical part is followed by an analysis of the recent case law: a US cartel challenged with different outcomes in India and South Africa, as well as Chinese export cartels pursued in the USA. The Chinese cases are particularly topical as the conduct at stake, apart from being subject to private antitrust actions before US courts, was also challenged within the WTO dispute settlement framework, pointing out to the existing interface between trade and competition. While the recent developments prove that unaddressed issues tend not to vanish, the new South--North dimension has the potential of placing export cartels again on the international agenda. Pragmatic thinking suggests looking for the solution within the WTO framework. Oxford University Press 2012, all rights reserved, Oxford University Press.",15,1,181,222,International trade; Economics; Sophistication; Common law; Competition law; International trade law; Cartel; Enforcement; International economic law; Competition (economics),,,,,https://pure.qub.ac.uk/en/publications/export-cartels-is-it-legal-to-target-your-neighbour-analysis-in-l https://ideas.repec.org/a/oup/jieclw/v15y2012i1p181-222.html https://pureadmin.qub.ac.uk/ws/files/13701517/SSRN_id2012838_1.pdf https://econpapers.repec.org/article/oupjieclw/v_3a15_3ay_3a2012_3ai_3a1_3ap_3a181-222.htm https://pure.qub.ac.uk/portal/en/publications/export-cartels-is-it-legal-to-target-your-neighbour-analysis-in-light-of-recent-case-law(76b0a369-a9db-4f5e-aadb-7ffdc7b84164).html http://academic.oup.com/jiel/article-abstract/15/1/181/2193642 http://core.ac.uk/display/16500335 https://academic.oup.com/jiel/article-abstract/15/1/181/2193642 https://core.ac.uk/download/16500335.pdf,http://dx.doi.org/10.1093/jiel/jgs003,,10.1093/jiel/jgs003,2005431970,,0,,9,true,,green
194-517-240-974-523,RETHINKING ASSIGNABILITY,2020-07-23,2020,journal article,The Cambridge Law Journal,00081973; 14692139,Cambridge University Press (CUP),United Kingdom,Paul MacMahon,"<jats:title>Abstract</jats:title><jats:p>When should a contractual right be assignable to a non-party? English law's answer to this question is complex, and many of its rules are difficult to justify. In some respects, the law appears unreasonably pro-assignment, whereas sometimes it denies assignability to rights that should be assignable. This article contends that, in developing the law of assignability, the judiciary and Parliament have relied on a series of dubious ideas that deviate from the law's usual approach to contracts, and the current law rests partly on intuitive policy rationales that do not withstand scrutiny. The main aim of the article is to propose a new framework for thinking about the law of assignability that is more closely aligned with general ideas about contract law.</jats:p>",79,2,288,314,Scrutiny; Parliament; Law; Law and economics; Political science; Computer science,,,,,https://core.ac.uk/download/334952577.pdf,http://dx.doi.org/10.1017/s0008197320000367,,10.1017/s0008197320000367,,,0,000-912-456-464-287; 002-315-555-473-864; 055-916-514-183-955,1,true,,green
194-548-095-207-302,Arbitration of Employment-discrimination Lawsuits,2016-09-05,2016,journal article,Cornell Hotel and Restaurant Administration Quarterly,00108804,,,David Sherwyn,"Arbitration agreements can be an effective, cost-effective way to settle employment disputes-but not all courts agree about what constitutes an enforceable contract",,,,,Business; Labour economics; Arbitration; Employment discrimination,,,,,https://core.ac.uk/display/145015831 https://core.ac.uk/download/pdf/145015831.pdf,https://core.ac.uk/display/145015831,,,2740888397,,0,,0,true,,
195-487-307-642-462,The Structure and Enforcement of Job Safety Regulation,,1986,journal article,Law and Contemporary Problems,00239186,JSTOR,United States,W. Kip Viscusi,,49,4,127,150,Business; Job safety analysis; Occupational safety and health; Structure (mathematical logic); Enforcement; Workplace safety; Public relations,,,,,https://scholarship.law.duke.edu/lcp/vol49/iss4/8/ https://paperity.org/p/84711435/the-structure-and-enforcement-of-job-safety-regulation https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3876&context=lcp https://core.ac.uk/download/84098815.pdf,http://dx.doi.org/10.2307/1191653,,10.2307/1191653,1580223392,,0,,4,true,,green
195-959-341-655-139,The Confrontation of Federal Preemption and State Right-to-Work Laws,,1967,journal article,Duke Law Journal,00127086,JSTOR,United States,Stanley D. Henderson,"That Congress in enacting section 14(b) of the National Labor Relations Act authorized the states to adopt  right-to-work  laws banning forms of compulsory unionism otherwise permissable under federal law has never been seriously questioned. In this article the author discusses the more difficult problem of the extent to which section 14(b) does, or should, enable the states to deal with union-security issues irrespective of an elaborate federal regulatory scheme which touches identical or related subject matter",1967,6,1079,,,,,,,https://core.ac.uk/download/62551617.pdf,http://dx.doi.org/10.2307/1371364,,10.2307/1371364,,,0,,0,true,,green
196-346-326-074-840,"ODR, Ontologies, and Web 2.0",,,journal article,Journal of Universal Computer Science,09486968; 0948695x,Technische Universitat Graz from Austria,Austria,Marta Poblet; Pompeu Casanovas; José Manuel López-Cobo; Núria Casellas,"Online communities and institutions create new spaces for interaction, but also open new avenues for the emergence of grievances, claims, and disputes. Consequently, online dispute resolution (ODR) procedures are core to these new online worlds. But can ODR mechanisms provide sufficient levels of reputation, trust, and enforceability for it to become mainstream? This contribution introduces the new approaches to ODR and provides a description of the design and structure of Ontomedia, a web-based platform to facilitate online mediation in different domains.",17,4,618,634,Web 2.0; World Wide Web; Online dispute resolution; Mediation; Structure (mathematical logic); Semantic Web; Mainstream; Relational justice; Computer science; Reputation,,,,,https://dblp.uni-trier.de/db/journals/jucs/jucs17.html#PobletCCC11 http://www.jucs.org/jucs_17_4/odr_ontologies_and_web20/jucs_17_04_0618_0634_poblet.pdf https://ddd.uab.cat/pub/artpub/2011/107281/jouunicomsci_a2011v17n4p618.pdf https://ddd.uab.cat/record/107281 https://core.ac.uk/download/18416338.pdf,http://dx.doi.org/10.3217/jucs-017-04-0618,,10.3217/jucs-017-04-0618,1841105104,,0,003-477-108-527-89X; 009-780-535-203-224; 015-880-519-539-444; 037-968-881-571-388; 041-344-496-199-187; 046-972-375-359-817; 052-112-937-605-74X; 057-886-940-379-780; 058-591-131-839-669; 060-100-754-942-542; 060-363-688-689-95X; 069-699-426-984-891; 071-151-601-940-107; 076-299-408-170-828; 080-570-825-335-398; 085-666-650-670-837; 104-266-291-570-184; 114-410-498-174-222; 114-900-405-577-412; 129-197-920-983-194; 132-603-208-134-139; 135-006-874-098-305; 137-790-399-353-817; 145-829-836-342-936; 148-720-372-653-460; 150-815-180-684-733; 181-072-396-769-365; 192-244-778-512-335; 195-511-468-682-622,7,true,cc-by-nd,gold
196-633-341-648-04X,Detection of Digital Law Issues and Implication for Good Governance Policy in Indonesia,2022-08-06,2022,journal article,BESTUUR,27224708; 23023783,Universitas Sebelas Maret,,Awaludin Marwan; Diana Odier-Contreras Garduño; Fiammetta Bonfigli,"<jats:p>&lt;div&gt;&lt;table cellspacing=""0"" cellpadding=""0"" align=""left""&gt;&lt;tbody&gt;&lt;tr&gt;&lt;td align=""left"" valign=""top""&gt;&lt;p class=""AbstractText""&gt;The concept of good governance is essential to be utilized to analyze updating digital law and society. However, at the practical level, it can still be seen the lack of implementation of the principle of properness, transparency, effectiveness, accountability, participation, and human rights by the government to respond to the economic growth and criminal trend within the digital era. This study discusses good governance as a concept that can be used to analyze digital law and society. Especially in the cybercrime and e-businesses in Indonesia, the concept of good governance may utilize the social impact. This study uses socio-legal research, which combines interviews and literature review. This article will start to discuss the relevance of the study of good governance, digital law, and society in Indonesia's social and judicial context with the Electronic Information Transaction Law. This study concludes that during the growth of the digital economy, Indonesia has suffered from cyber-attacks, scams, phishing, malware injection, etc., which may need more extraordinary law enforcement. At the same time, the increasing number of e-commerce, fintech, social media, digital start-up, etc., need support from proper facilitation by the government. Good governance may provide a tool to cover the objective and balance its outcomes in the digital era.&lt;/p&gt;&lt;/td&gt;&lt;/tr&gt;&lt;/tbody&gt;&lt;/table&gt;&lt;/div&gt;</jats:p>",10,1,22,22,Good governance; Accountability; Corporate governance; Cybercrime; Rule of law; Political science; Transparency (behavior); Context (archaeology); Information society; Law enforcement; Business; Law; The Internet; Computer science; Politics; Paleontology; Finance; World Wide Web; Biology,,,,,,http://dx.doi.org/10.20961/bestuur.v10i1.59143,,10.20961/bestuur.v10i1.59143,,,0,,0,true,cc-by,gold
198-576-812-015-658,National League of Cities v. Usery to EEOC v. Wyoming: Evolution of a Balancing Approach to Tenth Amendment Analysis,1984-06-01,1984,journal article,Duke Law Journal,00127086,Duke University School of Law,United States,Vincent Daniel Palumbo,,33,3,601,620,Political science; Law; League; Amendment; State government; Public administration,,,,,https://core.ac.uk/display/62550245 https://scholarship.law.duke.edu/dlj/vol33/iss3/4/ https://core.ac.uk/download/62550245.pdf,https://core.ac.uk/display/62550245,,,1482773893,,0,,1,true,,
198-681-024-185-28X,Recent Developments in Legal Recognition and Validity of Electronic Contracts – A Critical Analysis,2018-01-31,2018,journal article,TIJ's Research Journal of Social Science & Management - RJSSM,22511571,,,Ayyappan Palanissamy; Kesava Moorthy R,"New communication systems, technological advancements, rapid development of e-commerce and transactions have made tremendous changes in all walks of life. Though there are advantages, people are still highly reluctant to carry on or involve in a trading activity in the electronic medium due to lack of legal protection. To facilitate e-commerce, there are laws available both at the national level and international level. The fast growth of e-commerce environment largely depends on the level of confidence traders in the online environment gain, with regard to legal validity and enforceability of electronic contracts. With respect to legality of electronic contracts, various legislative enactments and different judicial approaches have originated from various jurisdictions. In this article, an attempt has been made to look at the legislative approaches towards legalizing electronic contracting and judicial pronouncements determining the legal recognition and validity of electronic contracts.",7,10,,,Business; Law and economics; Carry (investment); Electronic contracts; Legal protection; Electronic contracting; National level; International level; Principle of legality; Legislature,,,,,https://www.theinternationaljournal.org/ojs/index.php?journal=tij&page=article&op=view&path%5B%5D=6613,https://www.theinternationaljournal.org/ojs/index.php?journal=tij&page=article&op=view&path%5B%5D=6613,,,2950856595,,0,,0,false,,