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AbstractThe fiduciary theory animates to a considerable degree the U.S. federal securities law against insider trading; in contrast, the theoretical basis of insider trading law in the United Kingdom, Australia and Singapore has historically been less clearly articulated. While the earlier...
AbstractCurrent rules in most U.S. jurisdictions prohibit judges from becoming involved in plea negotiations and limit the judges' role to reviewing a plea bargain once it is presented by the parties. This Article surveys three systems that provide for more significant judicial involvement—...
AbstractTraditional cultural expressions are often unprotectable under existing intellectual property laws. While a sui generis approach may be appropriate for certain types of expressions and/or particular cultural communities, there may be adequate tenets embedded in current intellectual...
AbstractIn this Article, the authors present a comprehensive examination of the existence and development of “federal common law” in the European Union, drawing upon the extensive legal commentary and jurisprudence concerning this doctrine in the United States. They assert that a two-part...
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