2,272 research outputs found

    HIV: Fear of AIDS or Medical Malpractice

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    A Statutory Override of an “As Is” Sale: A Historical Appraisal and Analysis of the UCC, Magnuson-Moss, and State Lemon Laws

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    This Essay considers the common law view that the sale of a used car is essentially “as is,” in light of state lemon laws, which attempt to protect the interests of used car buyers under certain circumstances. The Essay highlights provisions of the New Jersey Lemon Law, which provide specific vehicle and parts coverage, warranty protections, and buyer rights in case the automobile is deemed a lemon, arguing that other states should consider adopting similar legislation in the name of consumer protection. The Essay describes the essence of a traditional “as is” sale, and emphasizes the fact that the “as is” sale would not be operative in cases of consumer fraud by the seller

    A Primer on the Government and Politics of Poland

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    The research is supported by the Institute for International Business, Seton Hall University Abstract Poland engaged in a “self-limiting” revolution in 1989 in which it began a process of changing both its economic and its political systems. In this context, governmental and party politics came to the forefront in efforts to effect real change in society as the “closed” communist system came to an abrupt end. This paper is a study of governmental structures and party politics in Poland as they relate to these changes. It discusses the Polish legislative, presidential (executive), and judicial systems and the current political configurations operating within Poland. The author offers commentary on what the future may hold for politics in a nation still struggling to define its role in the European Union in light of its most recent past. Keywords: Government; Sejm; Politics; Law and Justice; Civic Platform DOI: 10.7176/EJBM/12-5-01 Publication date: February 29th 2020

    The Portuguese Energy Sector: Its Multiple Aspects and Challenges - A Country Study

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    Due to the infusion of Foreign Direct Investment (FDI) and European Union policies, Portugal is one of the worlds’ leaders in producing clean renewable energy. In the process, Portugal has reduced the use of more traditional forms of energy, such as oil and coal. In addition, Portugal has diversified among types of clean energy it is producing, based on the variety found in Portugal’s geography. Regions suited for massive solar farms are complementary to regions suited to wind farms, making it most efficient to pursue both strategies simultaneously depending on the locus of energy production. As a result, Portugal is currently “ahead of the curve” as one of the largest producers of clean energy in the European Union. This paper addresses the origins of Portugal’s quest for “clean” energy and the diversification of Portugal’s plans to ignite the use of clean energy in the economy

    Foreign Direct Investment For Developing Financing: Teaching Market-Related Aspects Through Cases

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    This article presents two cases that have been used to supplement the teaching of how market-related aspects impact decisions, policies and tasks associated with attracting foreign direct investment into emerging markets and developing economies. The authors share their experiences in workshops and in the classroom and provide discussion strategies and teaching notes for each case

    Principles of Contract Law Applied to Entertainment and Sports Contracts: A Model for Balancing the Rights of the Industry with Protecting the Interests of Minors

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    This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors who participate in professional athletics and offers concrete suggestions for perfecting a balance in interests by focusing on assuring the minor with representation by “qualified counsel experienced with entertainment industry law and practices

    The Environment and Trade Agreements: Should the WTO Become More Actively Involved

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    The article first explores several basic arguments concerning whether the World Trade Organization (WTO) should require member states to adopt environmental standards as major components of international trade agreements. Section II provides a brief background on the debate surrounding environmental aspects of trade agreements and their relationship to development. Section III discusses the benefits and problems associated with enforcing environmental standards through the WTO. Section IV provides arguments for the incorporation of environmental standards in trade agreements through the WTO
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