In 2014, the National Conference of Commissioners on Uniform State Laws approved a set of amendments to the Uniform Fraudulent Transfer Act. Among other changes, the amendments renamed the act the Uniform Voidable Transactions Act. In this paper, the reporter for the committee that drafted the amendments describes the amendment project and discusses the changes that were made to the act.
{"title":"The Uniform Voidable Transactions Act; or, the 2014 Amendments to the Uniform Fraudulent Transfer Act","authors":"Kenneth C. Kettering","doi":"10.2139/ssrn.2541949","DOIUrl":"https://doi.org/10.2139/ssrn.2541949","url":null,"abstract":"In 2014, the National Conference of Commissioners on Uniform State Laws approved a set of amendments to the Uniform Fraudulent Transfer Act. Among other changes, the amendments renamed the act the Uniform Voidable Transactions Act. In this paper, the reporter for the committee that drafted the amendments describes the amendment project and discusses the changes that were made to the act.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128391508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were among the Fourth Amendment issues of our time.
{"title":"The Internet is the New Marketplace of Ideas: Why Riley v. California Supports Net Neutrality","authors":"Adam Lamparello","doi":"10.2139/SSRN.2514523","DOIUrl":"https://doi.org/10.2139/SSRN.2514523","url":null,"abstract":"Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were among the Fourth Amendment issues of our time.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"259 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116947659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Romanian Abstract: Acest articol analizează modul in care noul Cod civil român reglementează dolul - viciu de consimțămint. Prima parte a articolului prezintă noțiunea de dol și natura juridică a acestuia. Partea a doua este dedicată condițiilor dolului, care in noua reglementare sunt mai bine conturate decât in vechiul Cod civil, motiv pentru care realizăm o analiză atentă a acestora, cu accent asupra aplicării dolului in domeniul afacerilor. English Abstract: This article presents how the new Romanian Civil Code regulates fraud as a defect affecting the consent. The first part of the article describes the concept of fraud and its legal nature. Secondly, we analyse the conditions of fraud, which are better outlined in the new legislation and therefore we make a carefully analysis pointing out the application of fraud in business law.
{"title":"Dolul În Reglementarea Codului Civil. Privire Specială Asupra Dolului În Afaceri (Fraud in the Context of the New Romanian Civil Code. Special Aspects Fraud in Business Law)","authors":"Bazil Oglindă","doi":"10.2139/ssrn.2481580","DOIUrl":"https://doi.org/10.2139/ssrn.2481580","url":null,"abstract":"Romanian Abstract: Acest articol analizează modul in care noul Cod civil român reglementează dolul - viciu de consimțămint. Prima parte a articolului prezintă noțiunea de dol și natura juridică a acestuia. Partea a doua este dedicată condițiilor dolului, care in noua reglementare sunt mai bine conturate decât in vechiul Cod civil, motiv pentru care realizăm o analiză atentă a acestora, cu accent asupra aplicării dolului in domeniul afacerilor. English Abstract: This article presents how the new Romanian Civil Code regulates fraud as a defect affecting the consent. The first part of the article describes the concept of fraud and its legal nature. Secondly, we analyse the conditions of fraud, which are better outlined in the new legislation and therefore we make a carefully analysis pointing out the application of fraud in business law.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133671120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
type="main"> I examine the relationship between legislature size and several components of government spending using a methodology that allows me to estimate how legislature size influences the fiscal response to shocks that are common to all states. I use nonlinear least squares on a panel of 48 of the 50 American states over the period 1978–2008. I find little evidence that states with larger than average lower or upper chambers experience a larger change in spending per capita in the presence of a shock. I do find a positive relationship between lower chamber size and the first difference of welfare spending per capita, but this increase is partially offset by a negative relationship between upper chamber size and welfare spending. These results are consistent with the interest groups theory of government, which states that larger legislatures can be associated with lobbying and bargaining costs that may have offsetting effects.
{"title":"Government Spending, Shocks, and the Role of Legislature Size: Evidence from the American States","authors":"William B. Hankins","doi":"10.2139/ssrn.2478979","DOIUrl":"https://doi.org/10.2139/ssrn.2478979","url":null,"abstract":"type=\"main\"> I examine the relationship between legislature size and several components of government spending using a methodology that allows me to estimate how legislature size influences the fiscal response to shocks that are common to all states. I use nonlinear least squares on a panel of 48 of the 50 American states over the period 1978–2008. I find little evidence that states with larger than average lower or upper chambers experience a larger change in spending per capita in the presence of a shock. I do find a positive relationship between lower chamber size and the first difference of welfare spending per capita, but this increase is partially offset by a negative relationship between upper chamber size and welfare spending. These results are consistent with the interest groups theory of government, which states that larger legislatures can be associated with lobbying and bargaining costs that may have offsetting effects.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121457999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Climate change is driving the anthropocene extinction, the sixth great extinction spasm of the Phanerozoic Eon. Large-scale habitat destruction puts many plant and animal species at risk of extinction. This essay describes the use of the Endangered Species Act to protect biodiversity from the effects of climate change.
{"title":"Α�?κτο�?�?ος: Protecting Biodiversity Against the Effects of Climate Change Through the Endangered Species Act","authors":"J. Chen","doi":"10.2139/SSRN.2436702","DOIUrl":"https://doi.org/10.2139/SSRN.2436702","url":null,"abstract":"Climate change is driving the anthropocene extinction, the sixth great extinction spasm of the Phanerozoic Eon. Large-scale habitat destruction puts many plant and animal species at risk of extinction. This essay describes the use of the Endangered Species Act to protect biodiversity from the effects of climate change.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131307349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This written testimony was prepared for presentation to the House Judiciary Committee Subcommittee on Courts, Intellectual Property, and the Internet at its March 13, 2014 hearing on the safe harbor provisions in Section 512 of Title 17 of the Copyright Act. The hearing was held in the context of a comprehensive legislative review of the United States copyright system, which was announced by House Judiciary Committee Chairman Bob Goodlatte (R-Va.) in April of 2013. Included with the text of the testimony are written responses to Questions for the Record (QFRs) posed after the hearing by Representatives Collins and Jeffries. The recorded hearing can be streamed from the website of the House Judiciary Committee.
{"title":"Testimony Before the United States House of Representatives Committee on the Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, Hearing on Section 512 of Title 17 (113th Congress)","authors":"Annemarie Bridy","doi":"10.2139/SSRN.2470726","DOIUrl":"https://doi.org/10.2139/SSRN.2470726","url":null,"abstract":"This written testimony was prepared for presentation to the House Judiciary Committee Subcommittee on Courts, Intellectual Property, and the Internet at its March 13, 2014 hearing on the safe harbor provisions in Section 512 of Title 17 of the Copyright Act. The hearing was held in the context of a comprehensive legislative review of the United States copyright system, which was announced by House Judiciary Committee Chairman Bob Goodlatte (R-Va.) in April of 2013. Included with the text of the testimony are written responses to Questions for the Record (QFRs) posed after the hearing by Representatives Collins and Jeffries. The recorded hearing can be streamed from the website of the House Judiciary Committee.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126731825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A puzzling feature of self-governing organizations is persistent majority support for restrictive, seemingly non-majoritarian, procedures, e.g., chairs and committees. This paper provides a theory of self-enforcing majoritarian commitment to restrictive procedures. We ask (i) why majorities consent to restrictive procedures in the first place, (ii) why restrictive procedures survive challenges thereafter, and (iii) with what policy consequences. In the model a risk-averse majority allocates procedural rights to increase procedural efficiency, i.e., reduce the procedural uncertainty of free-for-all bargaining. An equilibrium procedure is generally asymmetric and restrictive, generating non-majoritarian policy bias. Still, a majority may persist in endorsing it so as to avoid amplifying procedural and policy uncertainty.
{"title":"Procedural Choice in Majoritarian Organizations","authors":"D. Diermeier, Carlo G. Prato, Razvan Vlaicu","doi":"10.2139/ssrn.1371288","DOIUrl":"https://doi.org/10.2139/ssrn.1371288","url":null,"abstract":"A puzzling feature of self-governing organizations is persistent majority support for restrictive, seemingly non-majoritarian, procedures, e.g., chairs and committees. This paper provides a theory of self-enforcing majoritarian commitment to restrictive procedures. We ask (i) why majorities consent to restrictive procedures in the first place, (ii) why restrictive procedures survive challenges thereafter, and (iii) with what policy consequences. In the model a risk-averse majority allocates procedural rights to increase procedural efficiency, i.e., reduce the procedural uncertainty of free-for-all bargaining. An equilibrium procedure is generally asymmetric and restrictive, generating non-majoritarian policy bias. Still, a majority may persist in endorsing it so as to avoid amplifying procedural and policy uncertainty.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"401 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116525483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In June, the following amendments were introduced into the legislation: a state and municipal contract on supply of goods, fulfillment of jobs and rendering of services may be canceled due to a unilateral refusal of a party to fulfill it; high-skilled foreign experts may reside and work in Russia without a patent which is issued to a foreign national who arrived in Russia in accordance with the procedure which does not require a visa; exclusive rights of the Russian Federation to intellectual outputs will be assigned more actively to nationals of the Russian Federation and legal entities; the procedure for execution and issuing by the Federal Migration Service of Russia of invitations to foreign nationals and stateless persons for entry into the Russian Federation has been updated.
{"title":"Review of Russia's Economic Legislation in June 2013","authors":"I. Tolmacheva, Julia Grunina","doi":"10.2139/SSRN.2304385","DOIUrl":"https://doi.org/10.2139/SSRN.2304385","url":null,"abstract":"In June, the following amendments were introduced into the legislation: a state and municipal contract on supply of goods, fulfillment of jobs and rendering of services may be canceled due to a unilateral refusal of a party to fulfill it; high-skilled foreign experts may reside and work in Russia without a patent which is issued to a foreign national who arrived in Russia in accordance with the procedure which does not require a visa; exclusive rights of the Russian Federation to intellectual outputs will be assigned more actively to nationals of the Russian Federation and legal entities; the procedure for execution and issuing by the Federal Migration Service of Russia of invitations to foreign nationals and stateless persons for entry into the Russian Federation has been updated.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130994909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Studies on mobbing and harassment in Russia - whether from a legal, sociological, psychological or economical viewpoint - are sporadic and usually included into more general research projects devoted to discrimination, gender issues and human rights. Doctrine does not provide consistent terminology. Legislation does not address these issues consistently in their entirety, recognizing only specific instances of their manifestation. Collective agreements contain only general provisions on this subject if any, and enterprise regulations have mostly superficial clauses unenforceable because of the lack of essence and relevant procedures. Russian legislative landscape also lacks stakeholders seriously interested in establishment and promotion of anti-mobbing and anti-harassment culture in the workplaces. Both government and public demonstrate a “we have more urgent questions to address” attitude. In this context absence of landmark cases and court decisions is a logical consequence and a natural result of the general disregard. Thus it is all the more important to highlight the circumstances in which a judicial protection can now be provided. This analysis and further research - including comparative studies - may help to reveal possible directions for the policy development in this field both in doctrinal and regulatory aspects. This paper attempts to outline the state of the art and the major tendencies in legal regulation of mobbing and harassment phenomena in Russia nowadays and to suggest possible explanations and solutions to the problems revealed.
{"title":"Workplace Mobbing and Workplace Harassment Regulation in Russia","authors":"Daria V. Chernyaeva","doi":"10.2139/ssrn.2399654","DOIUrl":"https://doi.org/10.2139/ssrn.2399654","url":null,"abstract":"Studies on mobbing and harassment in Russia - whether from a legal, sociological, psychological or economical viewpoint - are sporadic and usually included into more general research projects devoted to discrimination, gender issues and human rights. Doctrine does not provide consistent terminology. Legislation does not address these issues consistently in their entirety, recognizing only specific instances of their manifestation. Collective agreements contain only general provisions on this subject if any, and enterprise regulations have mostly superficial clauses unenforceable because of the lack of essence and relevant procedures. Russian legislative landscape also lacks stakeholders seriously interested in establishment and promotion of anti-mobbing and anti-harassment culture in the workplaces. Both government and public demonstrate a “we have more urgent questions to address” attitude. In this context absence of landmark cases and court decisions is a logical consequence and a natural result of the general disregard. Thus it is all the more important to highlight the circumstances in which a judicial protection can now be provided. This analysis and further research - including comparative studies - may help to reveal possible directions for the policy development in this field both in doctrinal and regulatory aspects. This paper attempts to outline the state of the art and the major tendencies in legal regulation of mobbing and harassment phenomena in Russia nowadays and to suggest possible explanations and solutions to the problems revealed.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115317489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is important to keep the common-law in duplum rule in mind and make any distinctions if necessary when analysing and interpreting section 103(5) of the National Credit Act. Cambell states in this regard that the in duplum rule can amplify section 103(5) where it is not in conflict with the National Credit Act. There is the presumption in South African law of interpretation of statutes that a statutory provision does not alter the existing common law more than clearly stated, whether expressly or by necessary implication. The Supreme Court of Appeal in the Nedbank case was requested in main to deal with the interpretation of section 103(5) of the National Credit Act and did not deal in depth with its possible impact on other legal principles underlying the common-law in duplum rule or other provisions of the National Credit Act. These include questions relating to whether the operation of section 103(5) is suspended pendente lite and the effect of a judgment after debt enforcement proceedings on section 103(5) of the National Credit Act. Another question which arises is whether there is a “novation” of a debt when the national consumer tribunal or a court grants a consent order in terms of section 138 read with section 86(8)(a) of the National Credit Act or a court grants a re-arrangement order in terms of section 87(1)(b)(ii) of the National Credit Act. In order to answer these questions it is important to establish the nature and effect of these orders.
{"title":"Section 103(5) of the National Credit Act 34 of 2005 as Inspired by the Common-Law 'in duplum' Rule (1)","authors":"A. Friedman, J. Otto","doi":"10.2139/SSRN.2363905","DOIUrl":"https://doi.org/10.2139/SSRN.2363905","url":null,"abstract":"It is important to keep the common-law in duplum rule in mind and make any distinctions if necessary when analysing and interpreting section 103(5) of the National Credit Act. Cambell states in this regard that the in duplum rule can amplify section 103(5) where it is not in conflict with the National Credit Act. There is the presumption in South African law of interpretation of statutes that a statutory provision does not alter the existing common law more than clearly stated, whether expressly or by necessary implication. The Supreme Court of Appeal in the Nedbank case was requested in main to deal with the interpretation of section 103(5) of the National Credit Act and did not deal in depth with its possible impact on other legal principles underlying the common-law in duplum rule or other provisions of the National Credit Act. These include questions relating to whether the operation of section 103(5) is suspended pendente lite and the effect of a judgment after debt enforcement proceedings on section 103(5) of the National Credit Act. Another question which arises is whether there is a “novation” of a debt when the national consumer tribunal or a court grants a consent order in terms of section 138 read with section 86(8)(a) of the National Credit Act or a court grants a re-arrangement order in terms of section 87(1)(b)(ii) of the National Credit Act. In order to answer these questions it is important to establish the nature and effect of these orders.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123605624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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