Journal of Maritime Law and Commerce最新文献

{"title":"The Knowledge Test Under the CISG - A Global Threefold Distinction of Negligence, Gross Negligence and De Facto Knowledge","authors":"M. Fogt","doi":"10.5195/JLC.2015.98","DOIUrl":"https://doi.org/10.5195/JLC.2015.98","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88958128","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}

{"title":"The Employee-Lawyer: A Candid Reflection on the True Roles and Responsibilities of in-House Counsel","authors":"S. Lovett","doi":"10.5195/jlc.2015.99","DOIUrl":"https://doi.org/10.5195/jlc.2015.99","url":null,"abstract":"This article1 is an examination of the variety of real-world roles and characteristics which are the hallmarks of valuable, and well-balanced, inhouse counsel. As the number of employee-lawyers has steadily increased over time, the expectations, needs, demands, and complexities of representing client-companies “in-house” have also increased. The traditional approach to, and the practice of, law leaves significant gaps in the preparedness of lawyers to join in the employee, and executive, ranks of businesses. While a substantial body of literature focuses on specific issues, such as a privilege preservation, or on specific roles or nuances of roles, such as serving as general counsel, few resources discuss the practicalities of an in-house lawyer’s responsibility to make sure his or her contribution to a client-company—combined as legal counsel and as an employee or executive—is valuable, productive, and appropriate. Much of what this article discusses is based on anecdotal experiences and observations. Opinions and experiences may certainly vary, but the fact remains, in-house counsel are increasingly responsible for adding value to, and becoming more involved in the business strategy of, their organizations. This heightened need for employee-lawyers to understand and fulfill roles outside of the mere practice of law means that successful in-house counsel must be willing and able to wear many more hats than an advocate’s wig. * Assistant Professor of Business Law and Ethics, Emporia State University. 1 With permission, certain portions of this article are adapted from a book, authored by Steven Lovett, and published by ABA Publishing. STEVEN L. LOVETT, CORPORATE COUNSEL GUIDES: PRACTICE BASICS (2013). 114 JOURNAL OF LAW AND COMMERCE [Vol. 34:113 Vol. 34, No. 1 (2015) ● ISSN: 2164-7984 (online) ● ISSN 0733-2491 (print) DOI 10.5195/jlc.2015.99 ● http://jlc.law.pitt.edu TABLE OF CONTENTS I. The Increasing Presence of, and the Need for, In-House Counsel ............................................................................................. 115 II. The “Simplicity” of a Single Client .................................................. 119 III. General Counsel ................................................................................ 120 A. Advisor, Counselor, and Pundit ................................................ 121 B. The Managerial Role: “O Captain, My Captain!” ..................... 125 C. Working as an Executive Crewmember .................................... 127 D. Emissary, Agent, and Proxy ...................................................... 131 IV. In-House Counsel .............................................................................. 136 A. Adaptability ............................................................................... 139 B. Dedication ................................................................................. 140 C. Dependability ..................................................................","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90073498","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}

{"title":"Farmers’ Market Fraud: California’s Approach and What It Means for Farmers’ Market Regulation","authors":"Nathan J. Marketich","doi":"10.5195/JLC.2015.88","DOIUrl":"https://doi.org/10.5195/JLC.2015.88","url":null,"abstract":"The United States Department of Agriculture (“USDA”) defines a farmers’ market as “a multi-stall market at which farmer-producers sell agricultural products directly to the general public at a central or fixed location, particularly fresh fruit and vegetables (but also meat products, dairy products, and/or grains).” [1] The recent resurgence in the popularity of farmers’ markets represents a return to days past where local producers were the predominant source for fresh produce and agricultural goods. With the most farmers’ markets of any state, [2] California has a large interest in the success of its farmers’ markets. In furtherance of this interest, California endeavors to protect its farmers’ markets from fraud. [3] Prior to 2015, California had one of the strictest farmers’ market regulatory programs in the United States. [4] Even so, the California legislature decided that more needed to be done in order to prevent farmers’ market fraud and on September 26, 2014 enacted Assembly Bill 1871 (“A.B. 1871”). [5] The primary function of this Note is to analyze A.B. 1871 and develop an understanding of the California model for regulation of farmers’ markets. This model will be compared to the approaches taken by New York and Michigan (states with the second and third most farmers’ markets) [6] to develop a greater understanding of the various approaches to farmers’ market regulation. The goal of this Note is to serve as a policy guide for farmers’ market regulation. Following this introduction, this Note will proceed in six parts. Part I will discuss the recent history of farmers’ markets with a particular emphasis on the economic and social impact that farmers’ markets have on the communities in which they operate. Part II addresses the nature of farmers’ market fraud and some general ways that states and farmers’ market vendors and operators combat fraud. Part III will provide a comprehensive analysis of A.B. 1871 and its components. Part IV will provide a comparative analysis of the regulatory approaches taken by New York and Michigan. Part V outlines four general factors for states to consider before enacting statewide regulations for farmers’ markets. Finally, Part VI concludes with guidance on state policy regarding regulation of farmers’ markets. [1] What is a Farmers’ Market? , USDA Food & Nutrition Serv., (May 27, 2015), http://www.fns.usda.gov/ebt/what-farmers-market. This Note will adhere to this definition of “farmers’ market,” and any reference to “farmers’ market,” unless specifically stated otherwise, is intended to reference this definition. [2] National Farmers Market Directory , USDA Agric. Mktg. Serv., http://search.ams.usda.gov/farmersmarkets/ (last visited February 1, 2015). As of January 2015, California had over 760 farmers’ markets registered with the USDA. The USDA’s Agricultural Marketing Service (“AMS”) collects farmers’ market information and numbers through voluntarily submitted data. Id. [3] For the purposes of this N","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89517069","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}

{"title":"Experiential Education Through the Vis Moot","authors":"Eric E. Bergsten","doi":"10.5195/JLC.2015.97","DOIUrl":"https://doi.org/10.5195/JLC.2015.97","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73043288","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}

{"title":"United States v. Morrison 15 Years Later: How the Supreme Court's Disjointed Adjudication of Commerce Clause Legislation Opens a Back Door to Restoring Federal Civil Recourse for Certain Victims of Gender-Based Violence","authors":"Anne M. Schober","doi":"10.5195/jlc.2015.94","DOIUrl":"https://doi.org/10.5195/jlc.2015.94","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89785310","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}

{"title":"Employing One's \"Talents\": The Power of Innovative Bond Transactions to Finance Catholic Nonprofits","authors":"C. Blain","doi":"10.5195/jlc.2015.84","DOIUrl":"https://doi.org/10.5195/jlc.2015.84","url":null,"abstract":"This article discusses such new and innovative methods of bond financing that utilize unique security devices and repayment techniques in order to provide financing to nonprofit entities that otherwise would not have had access to capital on favorable terms. In Part I, this article will discuss how Catholic conduit mortgage bonds compare to more common municipal bonds, the specific terms of Conduit Mortgage Bonds, and offer a case study intended to demonstrate the mechanics of these bonds. Part II will discuss the comparative advantages of the Endowment Funding Program, explain the role of bond financing in the Program, and provide another case study. Part III will explain how the LIFT Bond Program is being used to facilitate structured giving—again with a focus on the role of bond financing as part of the Program—and analyze its role as one component in the larger Endowment Funding Program. Finally, Part IV will discuss the newest developments in the realm of Catholic conduit mortgage bonds.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81915823","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}

{"title":"Retail Therapy: How a Trip to the Store Can Make You Feel Better in the Evolving Health Care Landscape Created by the Affordable Care Act","authors":"C. Liba","doi":"10.5195/jlc.2015.81","DOIUrl":"https://doi.org/10.5195/jlc.2015.81","url":null,"abstract":"As the ACA expands Medicaid eligibility by creating a national Medicaid minimum eligibility level of 133% of the federal poverty level and requires U.S. citizens to purchase health insurance as a result of the individual mandate, the shortage of primary care physicians will become painfully apparent for those seeking treatment. As a result, many health policy analysts and lawmakers are examining the potential ability of retail health clinics (RHCs) to address the consequences of primary care physician shortages in the United States, among other deficiencies in the provision of health care.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80140787","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}

{"title":"The Influence of Corruption on the Developing World: The Foreign Corrupt Practices Act, International Commerce and Africa","authors":"Nellie R. Dunderdale","doi":"10.5195/JLC.2015.82","DOIUrl":"https://doi.org/10.5195/JLC.2015.82","url":null,"abstract":"The Foreign Corrupt Practices Act (FCPA) demonstrates the United States’ commitment to fight against bribery and corruption and the FCPA has had a substantial impact on commerce between organizations in the United States and the developing word.","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86802614","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}

{"title":"Stretching the Twenty-First Amendment Beyond Its Limit: A Critique of S. Wine & Spirits of Am., Inc. v. Div. of Alcohol & Tobacco Control","authors":"Kevin Green","doi":"10.5195/JLC.2014.77","DOIUrl":"https://doi.org/10.5195/JLC.2014.77","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86745152","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}

{"title":"Amazon, or the Modern Prometheus: How the Kindle is Firing Up a Reading Revolution, and Why the Status Quo is Resisting","authors":"Stanley Joseph Konoval","doi":"10.5195/JLC.2014.76","DOIUrl":"https://doi.org/10.5195/JLC.2014.76","url":null,"abstract":"","PeriodicalId":35703,"journal":{"name":"Journal of Maritime Law and Commerce","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80620405","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}