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PRICE REDUCTION UNDER THE CISG: A 21ST CENTURY PERSPECTIVE
Get PDFPrice reduction under the CISG: a 21st century perspectiv
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
Get PDFWHEN MINDING YOUR OWN BUSINESS MEANS SPEAKING UP: CRIMINALLY PUNISHING A CORPORATE EXECUTIVE FOR FAILING TO BLOW THE WHISTLE ON THE ILLEGAL MISCONDUCT OF A COLLEAGU
A FEW FOR-PROFIT BUSINESSES’ BATTLE OVER THE AFFORDABLE CARE ACT’S PREVENTATIVE SERVICES MANDATE
Get PDFUnder the Patient Protection and Affordable Care Act (ACA), employers are required to provide employees with health plans, which must include FDA, approved contraceptives with no cost sharing. While Health and Humans Services (HHS) revised the regulation to allow for a compromise among religious organizations and non-profits run by religious organizations, private for profit businesses must comply with the ACA even if the business asserts to be founded on religious principles. Several for profit business have sued in district court for an injunction against the requirements. However, a circuit split exists among courts granting preliminary injunctions against the ACA pending a granting of appeal. This note will focus on whether the federal government can compel secular, for profit organizations to provide employee health plans that include contraceptives, the morning after pill and sterilization under the Religious Freedom Restoration Act. Unless the statute or regulation changes, the Supreme Court will likely need to grant certiorari to resolve the issue
BRAND LOYALTY & LOYALTY OF BRANDS: A SYMBIOTIC RELATIONSHIP
Get PDFBrand 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. 
WHEN ACTUALLY READING THE LETTER OF THE LAW DOES MORE HARM THAN GOOD: U.S. v. ALEYNIKOV, TRADING ALGORITHMS, AND STATUTORY GAPS
Get PDFWHEN ACTUALLY READING THE LETTER OF THE LAW DOES MORE HARM THAN GOOD: U.S. v. ALEYNIKOV, TRADING ALGORITHMS, AND STATUTORY GAP
REGULATING EXECUTIVE COMPENSATION IN CHINA: PROBLEMS AND SOLUTIONS
Get PDFExecutive compensation is an essential element of a corporate governance system and an issue of public concern and academic debate. However, the existing literature on executive compensation has primarily focused on the United States, United Kingdom and continental European jurisdictions. This paper presents a comprehensive comparative study of the law and practices of executive pay in China. It critically examines the processes that produce compensation arrangements, as well as the various legal strategies and market forces that act on these processes in the context of China.Based on extensive empirical evidence, it finds that excessive pay in China is less prevalent than that in the United States. Nevertheless, Chinese executive compensation is not optimal in that there are both excessive executive pay and low levels of equity incentives for executives in Chinese listed companies. Meanwhile, executives of state-owned enterprises are largely compensated by on-duty consumption, grey income and political reward. The article argues that the fundamental problem of executive pay in Chinese listed companies lies in the internal defects of its unique governance institutions, as well as the prevalence of concentrated state ownership in listed companies. It concludes that the primary role of Chinese law in regulating executive compensation should not simply be to curb excessive executive pay, but it should be to improve the regulatory structure for setting executive pay in a fairer and more transparent way. To achieve this, regulatory strategies, especially heightened disclosure and strengthening the independence of the compensation committee, must be taken
FORUM SHOPPING AND THE COST OF ACCESS TO JUSTICE: COST AND CERTAINTY IN INTERNATIONAL COMMERCIAL LITIGATION AND ARBITRATION
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