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The Establishment of “Belt and Road” International Investment Disputes Settlement Institution
Get PDFIn the context of the growth of regional international investment disputes (IIDs) caused by the Belt and Road (B&R) initiative, having a third-party settlement will play an important role in IIDs. Currently, the B&R countries have mostly selected ICSID as the IIDs settlement institution in their Bilateral Investment Treaties (BITs), which makes cases where a B&R country is respondent to be handled by nationals of countries outside the B&R area. Therefore, it is necessary to establish a B&R IIDs Settlement Institution, for the purpose of optimizing the current situation of IIDs settlement in the B&R region, dealing with the constantly-increasing regional IIDs, better protecting geographical investments, and facilitating China to participate in and further guide the reconstruction of international investment regulations. Moreover, the feasibilities in law, platform and resources for its establishment have been available. With respect to the path option, we should take the Asia Infrastructure Investment Bank as a platform to draft a convention, take the ICSID Convention as a reference for structure and system innovation, and devote great efforts to driving B&R countries to conclude the convention
Affordable Housing Crisis or Shortage?: Reconciling Legal Scholarship with Free Market Solutions Over the Use of Eminent Domain for Economic Development
Get PDFThroughout the United States, low-income families are having an increasingly difficult time finding an affordable place to live.[1] Due to high rents, static incomes, and a shortage of housing, local communities, particularly in urban areas, are struggling to fight off this wave of decline and displacement.[2] Currently in the U.S., an estimated 12 million families are now spending more than half of their income on rent.[3] According to Federal Guidelines, “[f]amilies who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care.”[4]A large reason for this overspending by low-income families is that the supply of affordable housing is shrinking.[5] Landlords and tenants both are adding to the affordable housing problem as “all sides are being squeezed.”[6] Today, most new construction on rental housing is for the high-end market, “not for low and middle-income families.”[7] So while the problem is clear, the cause of the problem is anything but.This note seeks a better understanding of the current housing problems plaguing local communities around the United States. Whether it is attributable to a crisis of societal construction or a shortage in the supply of affordable housing, this note attempts to reconcile current legal scholarship on local government initiatives, and
Economics of Arbitrability in International IP Contracting
Get PDFIP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive advantages is disregarded in too many instances. Having regarded the ever‑growing importance of IP rights for companies’ productivity and today’s primary use of arbitration in cross‑border contracting, the present research aims at pointing that out. It applies a transaction cost economics approach and takes into account the legal comparative background. The study finally examines arbitrability of IP validity with inter‑partes effect as an operable solution and the advantages of a predictable model as was early adopted by the United States
Medical Liability Erased: How the Protecting Access to Care Act of 2017 Limits Patients’ Access to Proper Care
Get PDFThis paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law
Overcoming Creditor Misfortune Creatively: Structured Dismissals in Chapter 11 Bankruptcies
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The Practical Effect of New Ethics Rules: Responding to Subpoenas and Document Requests About Client Information
Get PDF This article is a comparative overview of the American Bar Association’s Model Rule 1.6(b) before and after the issuance of the ABA’s Formal Opinion 473, issued on February 17, 2016, which was an attempt to restate and revise the rule’s ethical expectations and to help settle several questions that had plagued the rule’s practical application. A lawyer’s duty of confidentiality to his or her client, and the public policy favoring judicial efficiency and fair disclosure during the discovery phase of litigation, often places lawyers in precarious ethical positions. This article attempts to provide guidance on this issue through an analysis of the rule and the context in which a lawyer’s overarching duty to keep his or her client’s information confidential can be precluded by the lawful compulsion to disclose such information without incurring malpractice liability.
Is Your Kidney for Sale? An Economic and Policy Perspective on the Legalization of a Living Kidney Vendor Program in the United States
Get PDF The National Organ Transplant Act of 1984 (hereinafter NOTA) was an attempt to regulate, streamline, and encourage legal organ donation. NOTA has undergone some amendments since its enactment, including attempts to modernize the registry process and create a unified donation and transplant network. However, the regulation on the sale of organs has remained steadfast. We continue to have an organ shortage, and the statistics on the number of individuals dying each day awaiting transplants is only getting worse. An additional amendment to NOTA is necessary to solve our organ donation crisis. This Article identifies the relevant NOTA provisions, identifies some significant court decisions, and explores the policy and economic arguments in support of and against creating a living organ trade in the United States. In addition, this Article explains the Iranian Living- Unrelated donor program, and the government regulations necessary to create a living kidney vendor program in the United States.
"The Lie, The Bigger Lie, and the Biggest Lie”—Unfair And Deceptive Trade Practices of TripAdvisor And Other Online Review Websites
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This content is no longer available: "A Comparative Analysis of the Good Faith Doctrine in the CISG, PECL and Selected Domestic Laws"
No full textThis content is no longer available. The metadata for "A Comparative Analysis of the Good Faith Doctrine in the CISG, PECL and Selected Domestic Laws" was published in error and has been removed
