scholarly journals Securities Class Actions Move North: A Doctrinal and Empirical Analysis of Securities Class Actions in Canada

2010 ◽  
pp. 881 ◽  
Author(s):  
A.C. Pritchard ◽  
Janis P. Sarra
Keyword(s):  
Case Law ◽  
The United States ◽  
Class Action ◽  
Secondary Market ◽  
Considerable Uncertainty ◽  
Class Actions ◽  
Market Class ◽  
Comparative Examination ◽  
The U.S

The article explores securities class actions involving Canadian issuers since the provinces added secondary market class action provisions to their securities legislation. It examines the development of civil liability provisions, and class proceedings legislation and their effect on one another. Through analyses of the substance and framework of the statutory provisions, the article presents an empirical and comparative examination of cases involving Canadian issuers in both Canada and the United States. In addition, it explores how both the availability and pricing of director and officer insurance have been affected by the potential for secondary market class action liability. The article suggests that although overall litigation exposure for Canadian companies remains relatively low when compared to their U.S. counterparts, Canadian issuers that have listed their shares in the U.S. face considerable uncertainty as to the extent of their exposure to securities class actions. Through analysis of case law in both jurisdictions, the article highlights the crucial role of liability caps relating to costs in the decision of which jurisdiction to file suit.

Univision, Telemundo, and the Rise of Spanish-Language Television in the United States

2020 ◽  
Author(s):  
Craig Allen
Keyword(s):  
United States ◽  
Mass Communication ◽  
The United States ◽  
Spanish Language ◽  
Spanish Speaking ◽  
History Of ◽  
English Speaking ◽  
American Society ◽  
The U.S

The first completely researched history of U.S. Spanish-language television traces the rise of two foremost, if widely unrecognized, modern American enterprises—the Spanish-language networks Univision and Telemundo. It is a standard scholarly history constructed from archives, original interviews, reportage, and other public materials. Occasioned by the public’s wakening to a “Latinization” of the U.S., the book demonstrates that the emergence of Spanish-language television as a force in mass communication is essential to understanding the increasing role of Latinos and Latino affairs in modern American society. It argues that a combination of foreign and domestic entrepreneurs and innovators who overcame large odds resolves a significant and timely question: In an English-speaking country, how could a Spanish-speaking institution have emerged? Through exploration of significant and colorful pioneers, continuing conflicts and setbacks, landmark strides, and ongoing controversies—and with revelations that include regulatory indecision, behind-the-scenes tug-of-war, and the internationalization of U.S. mass media—the rise of a Spanish-language institution in the English-speaking U.S. is explained. Nine chapters that begin with Spanish-language television’s inception in 1961 and end 2012 chronologically narrate the endeavor’s first 50 years. Events, passages, and themes are thoroughly referenced.

scholarly journals The Role of the United States and The “Asian Solution” Approach in the Malaysia-Indonesia Confrontation (1963-1966)

2020 ◽  
Author(s):  
Rohani Hj Ab Ghani ◽  
Zulhilmi Paidi
Keyword(s):  
United States ◽  
Cold War ◽  
The United States ◽  
Asian Countries ◽  
Power Struggle ◽  
Solution Approach ◽  
Major Powers ◽  
Asian Region ◽  
The U.S

The Indonesia-Malaysia confrontation between 1963-1966 was an important event attracting the attention of politicians and scholars alike as the conflict had threatened the long existing relations between the two countries. Indonesian confrontation with Malaysia was due to its refusal to accept the formation of the new federation of Malaysia, founded on 16th September 1963. Sukarno’s confrontational stand on this had broken the long-standing sentiments of regional brotherhood or “saudara serumpun” that had nurtured between the two countries for many years. The conflict also saw the involvement of major powers like the United States (U.S.), Britain, China and Russia in the midst of bipolar power struggle between the communist and the anti-communist as part of the ongoing Cold War. The three years of confrontation witnessed great attempts at peace efforts by U.S. Although U.S. involvement in the conflict was merely as a moderator for both countries it was also fueled by its efforts of containment of communism in the Southeast Asian region. The U.S. viewed that the conflict should be resolved in the context of “Asian solution” as it involved two Asian countries A settlement to the Malaysia-Indonesia confrontation was finally achieved through the Bangkok Agreement, signed in August 1966. This paper discusses the role of U.S. in its attempts at finding an amicable settle to the confrontation in the form of “Asian solution.”  

scholarly journals Ewolucja instytucji sędziów pokoju w Stanach Zjednoczonych

2019 ◽  
Vol 28 (1) ◽  
pp. 39
Author(s):  
Ewa Gmurzyńska
Keyword(s):  
United States ◽  
The United States ◽  
General Tendency ◽  
Court Decisions ◽  
American Democracy ◽  
Modern Times ◽  
Justices Of The Peace ◽  
Pros And Cons ◽  
The U.S

<p class="Normalny1">This article presents a history and development of the institution of justices of the peace in the United States from the beginning of formation of American democracy until modern times. It presents jurisdiction, the scope of the activities and the role of justices of the peace in several states through different periods of times. It includes a thorough discussion concerning pros and cons of justices of the peace in the U.S. legal system and general tendency of declining the institution of justices of the peace in modern times. The article includes also a discussion of the major court decisions concerning justices of the peace.</p>

Government Employees’ Experience and Expectation of COVID-19 Hardships: The Moderating Role of Gender and Race in the United States

2021 ◽  
pp. 027507402110492
Author(s):  
JungHo Park ◽  
Yongjin Ahn
Keyword(s):  
Gender Gap ◽  
The United States ◽  
Census Bureau ◽  
Government Employees ◽  
Income Loss ◽  
Gender And Race ◽  
Nationally Representative ◽  
Moderating Role ◽  
The U.S

This article examines government employees’ experience and expectation of socioeconomic hardships during the COVID-19 pandemic—employment income loss, housing instability, and food insufficiency—by focusing on the role of gender and race. Employing the Household Pulse Survey, a nationally representative and near real-time pandemic data deployed by the U.S. Census Bureau, we find that government employees were less affected by the pandemic than non-government employees across socioeconomic hardships. However, female and racial minorities, when investigated within government employees, have a worse experience and expectation of pandemic hardships than men and non-Hispanic Whites. Our findings suggest a clear gender gap and racial disparities in the experience and expectation of pandemic hardships.

THE DEVELOPMENT OF THINK TANKS IN THE U.S. IN THE FIRST HALF OF THE TWENTIETH CENTURY: THE POLITICAL AND SOCIOECONOMIC CONTEXT

2020 ◽  
pp. 99-109
Author(s):  
Iana V. Shchetinskaia ◽  
Keyword(s):  
Foreign Relations ◽  
The United States ◽  
Think Tanks ◽  
Rand Corporation ◽  
The Political ◽  
International Crises ◽  
Political Factors ◽  
The Government ◽  
The U.S

Research institutions and specifically think tanks have existed and developed in the United States for more than 100 years. Since their inception, they have changed and evolved in many ways, while expanding their research foci and political impact. Since the 2010s, a few experts in the field have observed that the U.S. policy expertise is now in crisis. To understand current challenges of policy analysis institutions it is important to study them in a historical retrospective. This article explores the political and socioeconomic contexts in which think tanks emerged and developed from 1910 to the 1950-s. It particularly examines the role of international crises, as well as domestic political factors, such as the role of philanthropy organizations, institutional changes in the government, and others. It discusses how these domestic and foreign policy aspects affected the early development of the Carnegie Endowment for the International Peace (1910), the Council on Foreign Relations (1921) and the RAND Corporation (1948).

The role of the principle of integrity in copyright protection

2021 ◽  
pp. 12-25
Author(s):  
Olena Shtefan
Keyword(s):  
Case Law ◽  
The United States ◽  
Fair Use ◽  
Good Faith ◽  
Scientific Article ◽  
Anglo Saxon ◽  
Fair Dealing ◽  
Applicable Law ◽  
Principle Of Justice

Shtefan O. The role of the principle of integrity in copyright protection.The article is devoted to the disclosure of the essence of the principle of good faith as the quintessence of all principles of law, universal principle, which applies both in procedural and material law. Directly in the article, the principle of good faith is revealed through the prism of the analysis of controversial legal relations arising in copyright relations.The application of the principle of fair use of works is aimed at establishing a balance between the interests of authors of works and the interests of society regarding their use, while sometimes it is used to expand the monopoly of copyright.Analysis of the legislation and case law of Canada, Australia and other countries allows us to define the principle of «fair dealing» as a way to protect («affirmative defense ») from copyright infringement and restrictions, rather than as a statutory right to use someone else’s work. Otherwise, the defendant would be burdened with proving that: 1) the use corresponds to one of those listed in Art. 29 goals (for example, research, criticism or news); 2) the use was «fair» and 3) there were references to the original source.According to the results of the study in the scientific article it was concluded that the existence in the Anglo-Saxon legal family of two conceptually different in the application of doctrines of fair use «fair use» and «fair dealing» and understanding the free use of works in Ukraine, as in other countries in continental Europe, closer to the doctrine of «fair dealing», which implies a statutory list of actions that are classified as fair use, than to the doctrine of «fair use», which operates in the United States. Although it is possible to trace some similarities between the understanding of free use in the Civil Code of Ukraine, the Law of Ukraine «On Copyright and Related Rights» and the doctrine of «fair dealing» (given the statutory list of restrictions on copyright), it is necessary to take into account case law and, accordingly, a more «free» interpretationof the applicable law when the courts decide whether the use is a violation of exclusive rights or is an activity within the framework of free (fair) use. Keywords: copyright, illegal use of copyright objects, the principle of justice, thedoctrine of «fair use», the doctrine of «fair dealing».

Chilean Copper and U.S. Companies

2020 ◽  
pp. 97-117
Author(s):  
Sebastián Hurtado-Torres
Keyword(s):  
United States ◽  
Cold War ◽  
The United States ◽  
The Political ◽  
Political Debate ◽  
Democratic Government ◽  
Chilean Copper ◽  
The Cold War ◽  
The U.S

This chapter focuses on the role of copper policies in the relations between the United States and Chile during the Frei administration, especially as they relate to the developmental efforts of the Christian Democratic project. During the Frei administration, the political debate on copper policies reached a climax. Since U.S. capitals were among the most significant actors in the story, the discussions around the issue of copper converged with the ideological visions of the United States and the Cold War held by the different Chilean political parties. As the Frei administration tried to introduce the most comprehensive and consistent reform around the structure of the property of the Gran Minería del Cobre, the forces in competition in the arena of Chilean politics stood by their ideological convictions, regarding both copper and the United States, in their opposition or grudging support for the policies proposed by the Christian Democratic government. Moreover, the U.S. government became deeply involved in the matter of copper in Chile, first by pressuring the Chilean government into rolling back a price increase in 1965 and then, mostly through the personal efforts of Ambassador Edward Korry, by mediating in the negotiation between the Frei administration and Anaconda on the nationalization of the U.S. company's largest mine, Chuquicamata, in 1969.

“A Hidden War”

2020 ◽  
pp. 109-146
Author(s):  
Pierre-Hugues Verdier
Keyword(s):  
United States ◽  
Large Scale ◽  
The United States ◽  
Payment Systems ◽  
Terrorist Groups ◽  
Negative Publicity ◽  
State Prosecutors ◽  
Global Banks ◽  
The U.S

This chapter examines the rise of financial sanctions as a tool of U.S. foreign policy and the role of U.S. prosecutors in enforcing sanctions against global banks. It describes how the United States developed its financial sanctions capabilities against terrorist groups, then turned them against state actors such as North Korea, culminating with elaborate sanctions programs against Iran and Russia. It shows how U.S. federal and state prosecutors uncovered large-scale sanctions evasion efforts at numerous global banks that processed U.S. dollar payments. This enforcement campaign led to some of the largest criminal fines ever levied, and global banks such as HSBC and BNP Paribas agreed to implement U.S. sanctions and anti-money laundering controls in their worldwide operations, thus broadening the reach of U.S. policy. Although U.S. enforcement actions faced strong criticism by U.S. allies, banks facing large fines, negative publicity, and potential loss of access to essential U.S. dollar payment infrastructure complied with U.S. demands. Unlike other cases, U.S. sanctions did not lead to multilateral reforms, instead triggering efforts by sanctioned states and bystanders to reduce their dependence on the U.S. dollar and U.S. payment systems.

“It was a jet. It was a jet. It was a jet.”

2021 ◽  
pp. 3-21
Author(s):  
Jessica DuLong
Keyword(s):  
New York ◽  
The United States ◽  
Staten Island ◽  
Creative Problem ◽  
1960S And 1970S ◽  
The 1960S ◽  
Maritime Infrastructure ◽  
Maritime Community ◽  
The U.S

This chapter provides a background of the waterborne evacuation that happened after the events of 9/11. New York harbor was, and is, a busy place — the third largest container port in the United States and a vital connection between New York City and the rest of the world. Manhattan is an island, and the realities of island real estate are what ushered the port's industries off Manhattan's shores and over to Brooklyn, Staten Island, and New Jersey in the 1960s and 1970s. By late 2001, maritime infrastructure had been replaced with ornamental fencing. On September 11, 2001, as the cascade of catastrophe unfolded, people found their fates altered by the absence of that infrastructure and discovered themselves dependent upon the creative problem solving of New York harbor's maritime community — waterfront workers who had been thrust beyond their usual occupations and into the role of first responders. Long before the U.S. Coast Guard's call for “all available boats” crackled out over marine radios, scores of ferries, tugs, dinner boats, sailing yachts, and other vessels had begun converging along Manhattan's shores. Hundreds of mariners shared their skills and equipment to conduct a massive, unplanned rescue. Within hours, nearly half a million people had been delivered from Manhattan by boat.

scholarly journals Private Enterprise, International Development, and the Cold War

2020 ◽  
Vol 22 (4) ◽  
pp. 113-145
Author(s):  
Ethan B. Kapstein
Keyword(s):  
Cold War ◽  
International Development ◽  
Foreign Investment ◽  
Private Enterprise ◽  
The United States ◽  
Policy Goals ◽  
The One ◽  
The Cold War ◽  
The U.S

This article sheds light on the role of foreign direct investment as an instrument for economic development and, in turn, for the advancement of U.S. foreign policy goals during the Cold War. From the earliest days of the Cold War, and especially after the U.S.-Soviet competition for influence in the developing world began in the 1950s, the United States sought to promote private enterprise on behalf of U.S. goals. In the late 1940s and early 1950s, U.S. officials believed that foreign investment would suffice to fuel international development, obviating the need for official development assistance. These hopes, however, were largely disappointed. On the one hand, U.S.-based multinational companies preferred to invest in the industrial world; on the other hand, some Third World governments were uninterested in promoting private enterprise rather than state-led development. In part because foreign investment did not meet expectations, the U.S. government ended up elaborating an official foreign aid program instead.

Sign in / Sign up

Export Citation Format

Share Document