ALEC/ADPR 207: Communicating to Public Audiences—A Peer Review of Teaching Project Inquiry Portfolio

A significant amount of research in teaching and learning is conducted exploring large enrollment courses. Often it seems as if we believe that the panacea is smaller class sizes. However, challenges exist in smaller enrollment courses as well. This inquiry portfolio explores an introductory, sophomore level course in strategic communication with an enrollment of 20 students. Despite the smaller number of students in the course, significant challenges exist and over the five spring semesters I’ve taught the class, one consistent challenge remains – how to bridge the wide range of student ability, knowledge, and experience of students in the course. The objective of this portfolio was to investigate how to “bridge the gap” of students’ abilities in this course, which has appeared as a challenge semester over semester. Essentially, within the confines and parameters that exist, how do I as the course instructor adjust my teaching practices, methods, and materials to improve the experience for all students in the course? What changes, if any, should be made to the course itself, to prerequisites or restrictions on course enrollment, or to other aspects of the course

Court Review: The Journal of the American Judges Association 50:4 (2014)- Whole Issue

ARTICLES 164 Cell Phones and Everything Else: Criminal Law Cases in the Supreme Court’s 2013-2014 Term. 174 A New Model for Civil Case Management: Efficacy Through Intrinsic Engagement. 196 Informing Criminal Defendants of the Immigration Consequences of Their Convictions: The Trial Judge’s Duty. DEPARTMENTS 162 Editor’s Note. 163 President’s Column. 212 The Resource Page

Bank Resolution and Creditor Distribution: The Tension Shaping Global Banking –part II: The Cross-border Dimension

New bank resolution frameworks that aim to address the complex task of managing the collapse of a large financial institution stand in considerable tension with basic principles and policy objectives of insolvency law. In this two-part study, we present an analytical framework that aims at helping us understand how this tension can undermine the effectiveness of the new bank resolution frameworks. In the first part of this article, we introduced our three-layered framework and explored its first two layers: the group dimension, and the duality of crisis-prevention and crisis-management tools. In this Part II, we explore the last layer: the cross-border dimension. As in Part I, we reflect on the practical challenges that resolution authorities are likely to face when implementing the new resolution frameworks. In addition, we use the insights from our analysis to reflect on the impact that these new bank resolution frameworks will have on the governance of international financial markets and conclude that these frameworks will fundamentally change how large banks do business at the global level

The First Sale Doctrine and the Economics of Post-Sale Restraints

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation. This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine

Report of Apollo 204 Review Board, Appendix D. Panels 12 Thru 17

No abstract availabl

Winter is Here: The Impossibility of Schrems II for U.S.-Based Direct-to-Consumer Companies

In this paper, Vanessa Zimmer exposes the precarious position of Direct-to-Consumer (DTC) companies that are physically located in the United States but still subject to the European General Data Protection Regulation (GDPR) under Article 3(2) because they offer goods or services to European consumers online. Standard Contractual Clauses (SCCs) and supplementary measures have dominated privacy conversions in the year since the European Court of Justice invalidated the EU-U.S. Privacy Shield framework with its Schrems II decision. However, Zimmer argues that the greater issue for U.S.-based DTC companies is the lack of clarity over what constitutes an international, or restricted, transfer under the GDPR in the first place. Is an international transfer any physical transfer of personal data from within the European Economic Area to outside its borders (the so-called “geographic” definition of international transfer) regardless of whether the foreign recipient is already directly subject to the GDPR? Or, is an international transfer only considered such if the recipient is located outside of the European Economic Area and not already directly subject to the GDPR (the so-called “jurisdictional” definition of international transfer)? Zimmer explains the rationale for each position and ultimately argues in favor of a jurisdictional definition of international transfers. The European Data Protection Board of the European Commission (the EDPB) and individual Member State supervisory authorities have repeatedly failed to define international transfers since the passage of the GDPR. This repeated failure to clarify the interplay between the territorial scope of the GDPR under Article 3(2) and the transfer restrictions of the GDPR under Chapter V has left U.S.-based DTC businesses uncertain of whether they are making international transfers under the GDPR and whether they must subsequently implement safeguards, such as SCCs, to protect those transfers. Zimmer explains how the Schrems II decision exposed the EDPB’s failure and exacerbated the already uncertain status of European personal data processing by U.S.-based DTC companies. The EDPB has further complicated the status of international transfers in its post-Schrems II guidance and its issuance of new SCCs for international transfers. Zimmer contends that it is vital for the sake of transatlantic trade and the continued integrity of the EDPB that the EDPB clearly defines international transfers and explains the applicability of transfer mechanisms to U.S.-based DTC companies

The suitability of the CISG and OHADA for small and medium-sized enterprises engaging in international trade in west and central Africa

It is universally acknowledged that international trade and cooperation have become key drivers of SMEs. Indeed, the success of SMEs in the sales sector depends upon their capacity to conquer the foreign market and compete with larger companies. Many SMEs today, in particular those in Central and West Africa, are very much aware of this reality. However, because of differences between domestic laws and their maladjustment, many African SMEs still struggle to enter the international market and compete with larger companies. It is therefore obvious that any SMEs that want to succeed in international commerce today will be called upon to confront different regulations, whether domestic, regional or international, which are often shaped according to the realities and expectations of a particular environment. The challenge today is to regulate and harmonise these different legal systems, in order to render the law identical in numerous jurisdictions. This process of unifying the law internationally, in particular the law of sale, started in 1920 and culminated in 1988, with the implementation of the CISG. This Convention, which has become the primary law for international sales contracts, endeavours to deal with this problem of differences in law between states on a global scale, by attempting to achieve a synthesis between different legislations, such as civil law, common law, socialist law, and the law regarding industrialised and Third World countries. Even though the CISG appears to be a compromise between different legal systems, the fact remains that it is not yet applicable in many countries, especially those in Central and West Africa, which are mostly still ruled by domestic and regional law, namely the OHADA. The purpose of this study is to attempt to analyse and compare the OHADA’s Uniform Act Relating to Commercial Law to the CISG, in order to identify similarities and differences between the two, and to determine, with regard to the operating mode and structure of SMEs in West and Central Africa, which one of the two legislations is more appropriate.Private LawLL. M