Digital Commons Network^™

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

Why Have Strong Legislative Acts Had Weak Economic Effects?, Douglas W. Mackenzie Ph.D.

Douglas W MacKenzie Ph.D.

Responses to the 2008 crisis were dramatic. Government officials enacted unprecedented acts of legislation and policies, with the intent of improving economic conditions. While measures taken to improve economic conditions were aggressive, the results of these measures have been disappointing. The aggressive and controversial nature of policy responses to the 2008 Crisis caused high levels of uncertainty about the public policy. There is correlation between levels of “economic policy uncertainty” and hiring of new employees. The statistical correlation between uncertainty and hiring is important in explaining the weak response of economic conditions to policies of the past eight years.

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …

The Law And Economics Of Consumer Debt Collection And Its Regulation, Todd J. Zywicki

Todd J. Zywicki

This article reviews the law and economics of consumer debt collection and its regulation a topic that has taken on added urgency in light of the announcement by the Consumer Financial Protection Bureau that it is considering new regulations on the subject. Although stricter regulation of permissible debt collection practices can benefit those consumers who are in default and increase demand for credit by consumers, overly-restrictive regulation will result in higher interest rates and less access to credit for consumers, especially higher-risk consumers. Regulation of particular practices may also have the unintended consequence of providing incentives for creditors to more …

Nature, Extent, Causes And Issues In Agricultural Distress, Srijit Mishra

Srijit Mishra

This paper explains the nature and extent of distress in Indian agriculture by analytically separating the issues therein into two interrelated domains—the agricultural and the agrarian—the former being about production and the latter about distribution; the former about the farm and the latter about the farmer; the former about the inadequacies and inappropriateness of the agricultural developmental programmes, and the latter about the livelihood of the people involved in or dependent upon agrarian activities. In this broader thinking farmers’ suicides and indebtedness become symptoms of a larger malaise. Drawing on our understanding of farmers’ suicides, we show some interrelated demand-side …

Exchange Rate 'Overshooting': An Empirical Study Of Bangladesh And India, Mohammad Ali Tareq, Fazle Rabbi

Fazle Rabbi

Exchange rates are difficult to forecast because the market is continually reacting to unexpected events or news. Even in the absence of any major news, exchange rates adjust through the day as foreign exchange dealers manage their inventories and respond to trades with others who may be better informed. The role of exchange rate changes in eliminating international trade imbalances suggests that we should expect countries with current trade surpluses to have an appreciating currency, whereas countries with trade deficits should have depreciating currencies. Such exchange rate changes would lead to changes in international relative prices that would work to …

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.

Greece's Banking Sector Options, Warren Coats

Warren Coats

A review of the new Greek government's choices in its negotiations with its creditors, with a focus on the banking sector.

The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez

Christopher McElwain

Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …

Sustainability And The Economics Of Embedded Values, Madhavi Venkatesan

Madhavi Venkatesan

Increasing global awareness of natural resource depletion, heightened weather-related volatility attributable to climate change, and the subsequent emergence of multi-disciplinary sustainability programs in higher education have pronounced the void in the explanatory discipline of economics to address the values that have yielded the economic and environmental outcomes observable in prevailing sustainability discussions. Economic theory, models, and analysis are central to a discussion of how individuals interact not only with one another but also with the environment. Further, the implicit inclusion of economics in the daily behavior of individuals and nations strongly influences the observations of global sustainability, including economic equity …

Through The Lens Of Innovation, Mirit Eyal-Cohen

Mirit Eyal-Cohen

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of innovation. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Innovation turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviations as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Using …

Lessons In Fiscal Activism, Mirit Eyal-Cohen

Mirit Eyal-Cohen

This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.

The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan M. Purcell

Evan M Purcell

No abstract provided.

How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee

Joshua P Fershee

Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas debate provides an example of “an age-old political problem that the law is called upon to solve: the conflict between an intensely held minority viewpoint and a less intense, contrary view held by the majority.” In resolving such conflicts, Spence suggests that courts should resolve such “conflicts in ways that encourage states and local governments to regulate in ways that weigh both the costs and …

The Cost Of Confusion: The Paradox Of Trademarked Pharmaceuticals, Hannah W. Brennan

Hannah W Brennan

The United States spends nearly $1,000 per person annually on drugs—40 percent more than the next highest spender, Canada, and more than twice the amount France and Germany spend. Although myriad factors contribute to high drug spending in the United States, the crucial role that intellectual property laws play in inhibiting access to cheaper, generic medications is among one of the best documented. Yet, for the most part, the discussion of the relationship between intellectual property law and drug spending has centered on patent protection. Recently, however, a few researchers have turned their attention to a different exclusivity—trademark law. New …

Optimized Theft: Why Some Controlling Shareholders “Generously” Expropriate From Minority Shareholders, Sang Yop Kang

Sang Yop Kang

Although controlling shareholder agency problems have been well studied so far, many questions still remain unanswered. In particular, an important puzzle in a bad-law jurisdiction is: why some controlling shareholders (“roving controllers”) loot the entire corporate assets at once, and why others (“stationary controllers”) siphon a part of corporate assets on a continuous basis. To solve this conundrum, this Article provides analytical frameworks exploring the behaviors and motivations of controlling shareholders. To begin with, I reinterpret Olson’s political theory of “banditry” in the context of corporate governance in developing countries. Based on a new taxonomy of controlling shareholders (“roving controllers” …

Incorporating Sustainability Into Principles Of Macroeconomics: A Case Study, Madhavi Venkatesan

Madhavi Venkatesan

Using grant funded resources, this case study explicitly engaged students in a Principles of Macroeconomics course with respect to the impact of sustainability-based values on economic indicators and standard of living parameters, while coincidentally opening discussion to the implicit nature of consumption-based values in the economic assessment of growth. Student assimilation and reaction to the curriculum was documented over the period of the course. Students provided responses to weekly questionnaires, which tracked their changing perceptions, values, and behaviors. Weekly class discussions and individual student assessment of the awareness fostered by reviewing the two divergent value structures also contributed to qualitative …

Internal Revenue Service Acknowledges Involvement In Jenkins Related Judicial Martial Law Activities, David Randall Jenkins

David Randall Jenkins

Jenkins applied to the Internal Revenue Service as the responsible party for his firm, Algorithm LLC, to become an IRS authorized e-­‐‑file provider. Prior to its e-­‐‑file provider application response, the agency had approved Algorithm LLC (RDAWB) as a continuing education provider based on Jenkins’ academic credentials. On May 22, 2015, however, the Internal Revenue Service responded to the Algorithm LLC e-­‐‑file provider application by rejecting it. The basis for the rejection was the Federal Bureau of Investigation report on Jenkins’ criminal background.On June 3, 2015, Jenkins filed a timely appeal of the IRS May 22, 2015 rejection of the …

What’S The Matter With Welfare Economics?, Richard S. Markovits

Richard S. Markovits

Welfare Economics is the branch of economics that focuses on economic efficiency. In my judgment, Welfare Economics and its applied sub-fields such as Environmental Economics and Public Finance are the branches of economics that are most relevant to legal practitioners and academics. This Article criticizes (1) the ways in which welfare economists define the field’s central concept—the impact of a non-government or government choice (or natural event) or set of Pareto imperfections on economic efficiency, (2) the protocol welfare economists use to predict or post-dict the impact of any choice or set of Pareto imperfections on economic efficiency, (3) the …

Free Markets: What, Why, When, Why Not, And What To Do About It, Richard S. Markovits

Richard S. Markovits

This Article analyzes the politically-salient claim that “free market systems of resource allocation” will produce optimal social outcomes in that pure “free market” resource-allocation systems will either maximize economic efficiency or be more economically efficient than any alternative system would be and will generate a morally-optimal distribution of income by causing people to be paid “what they produce.” The Article begins by pointing out that, contrary to the claims of its supporters, any “free market” system of resource allocation presupposes a great deal of government regulation to define and protect the private property-rights that are such systems’ foundation. The Article …

"Renounce And Enjoy": The Pursuit Of Happiness Through Gandhi's Simple Living And High Thinking, Nehal A. Patel

Nehal A. Patel

TABLE OF CONTENTS

INTRODUCTION 2

I. SIMPLICITY AND NON-HARM BOTH ARISE FROM AN INTENSE IDENTIFICATION WITH ALL THINGS 2

II. CONSUMPTION AND ITS DISCONTENTS 8

III. HAPPINESS AS A GROSS DOMESTIC PRODUCT 14

Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang

Sang Yop Kang

‘Law and Finance’ theory – which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance – has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in relation to shareholder protection, however, have been highly neglected in these debates. In particular, the significance of one-share-one-vote (OSOV) rule has been inappropriately underestimated. In response, this Article explores (1) why OSOV is an utmost critical component in corporate …

Efficient Contextualism, Juliet P. Kostritsky, Peter M. Gerhart

Juliet P Kostritsky

This Article recommends an economic methodology of contract interpretation that enables the court to maximize the benefits of exchange for the parties and thereby enhance the institution of contracting. We recommend a methodology that asks the parties to identify the determinants of a surplus maximizing interpretation so that the court can determine whether the determinants raise issues that need to be tried. We thus avoid the false choice between textualist and contextualist methodologies, while allowing the parties and the court to avoid costly litigation. For textualist courts, our methodology helps the judge determine when the terms the parties used are …

Decomposing Poverty Change: Within- And Between-Group Effects, Srijit Mishra

Srijit Mishra

This slide share explains the method of 'Decomposing Poverty Change: Deciphering Change in Total Population and Beyond' published in the Review of Income and Wealth.

Money From Syar’Iah Perspective, Anowar Zahid

Anowar Zahid

In history, paper money systems have always wound up with collapse and economic chaos. Today, the usage of fiat currency, a form of paper money and the correlate bank money has brought about wide spread hardships and sufferings upon many sectors of society and communities. Following in depth syari’ah analysis, the only conclusion that is possible is that fiat currency and bank money are illegal. They are, in reality, introduced through manipulative collaborations between governments and bank cartels, as they defy the long established sanction against riba’ (usury), operate at the advantage of a selected group in society to the …

Axiomatic Social Choice Theory, David Randall Jenkins

David Randall Jenkins

Ordered Relations Theory’s two axioms ultimately enable (individual: society) well-being transitivity inasmuch as they impound Social Choice Theory’s impossibility theorem, impossibility-resolving axioms, and all such further regressive impossibility theorems and impossibility-resolving axioms.

The Origins Of Affirmative Fiscal Action, Mirit Eyal-Cohen

Mirit Eyal-Cohen

This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli, but received a dramatically different treatment. The less efficient or economically inferior survived. Its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the reason is both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …

Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh

Shubha Ghosh

The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of …

Asimmetria Del Rischio Sistematico Dei Titolo Immobiliari Americani: Nuove Evidenze Econometriche, Paola De Santis, Carlo Drago

Carlo Drago

In questo lavoro riscontriamo un aumento del rischio sistematico dei titoli del mercato immobiliare americano nell’anno 2007 seguito da un ritorno ai valori iniziali nell’anno 2009 e si evidenzia la possibile presenza di break strutturali. Per valutare il suddetto rischio sistematico è stato scelto il modello a tre fattori di Fama e French ed è stata studiata la relazione tra l’extra rendimento dell’indice REIT, utilizzato come proxy dell’andamento dei titoli immobiliari americani, e l’extra rendimento dell’indice S&P500 rappresentativo del rendimento del portafoglio di mercato. I risultati confermano la presenza di un “Asymmetric REIT Beta Puzzle” coerentemente con alcuni precedenti studi …