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Articles 1 - 30 of 77
Full-Text Articles in Law
Embedding Open Banking In Banking Law: Responsibilities, Performance, Risk And Trust, Scott Farrell
Embedding Open Banking In Banking Law: Responsibilities, Performance, Risk And Trust, Scott Farrell
Journal of Business & Technology Law
No abstract provided.
Obstacles To Successful Introduction Of A U.S. Central Bank Digital Currency, Nicholas P. Mack
Obstacles To Successful Introduction Of A U.S. Central Bank Digital Currency, Nicholas P. Mack
Journal of Business & Technology Law
No abstract provided.
How Public Pension Plans Have Shaped Private Equity, William W. Clayton
How Public Pension Plans Have Shaped Private Equity, William W. Clayton
Maryland Law Review
No abstract provided.
Approaching The Tipping Point For "Public-Private Offerings" : The Current Trajectory Of Rule 506(C), Allen C. Page
Approaching The Tipping Point For "Public-Private Offerings" : The Current Trajectory Of Rule 506(C), Allen C. Page
Journal of Business & Technology Law
No abstract provided.
Benchmark Competition, Sue S. Guan
Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner
Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner
Maryland Law Review
No abstract provided.
Delaware's Peril, Marcel Kahan
State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis, Jens Dammann
State Competition For Corporate Headquarters And Corporate Law: An Empirical Anaylsis, Jens Dammann
Maryland Law Review
No abstract provided.
Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley
Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley
Maryland Law Review
No abstract provided.
We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin
We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin
Maryland Law Review
No abstract provided.
Still Standing, Barely: Bank Of America Corp. V. City Of Miami And The Impact On Fair Lending Litigation, Trevor C, Hoffberger
Still Standing, Barely: Bank Of America Corp. V. City Of Miami And The Impact On Fair Lending Litigation, Trevor C, Hoffberger
Maryland Law Review
No abstract provided.
Regulating Offshore Finance, William J. Moon
Regulating Offshore Finance, William J. Moon
Faculty Scholarship
From the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.
While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic …
The Final Countdown: California Public Employees’ Retirement System V. Anz Securities And The Sweeping Ban On Tolling Statutes Of Repose In Class Actions, Emily Kelsay
Maryland Law Review
No abstract provided.
Tax Havens As Producers Of Corporate Law, William J. Moon
Tax Havens As Producers Of Corporate Law, William J. Moon
Faculty Scholarship
This Review Essay situates Christopher Bruner’s new book, Re-imagining Offshore Finance, within the literature examining the regulation of cross-border finance and highlights its import for thinking about the complicated (and contested) relationship between territorially-configured domestic laws and the increasingly liberal movement of capital. Part I sets out the book’s central thesis. In addition to highlighting Bruner’s novel framework identifying the factors that propel certain small jurisdictions into becoming magnets for cross-border finance, I outline the limits of the framework in accounting for the stability in the overall demand for the commercialization of sovereignty, only one of which is facilitating …
$=€=Bitcoin?, Hilary J. Allen
$=€=Bitcoin?, Hilary J. Allen
Maryland Law Review
Bitcoin (and other virtual currencies) have the potential to revolutionize the way that payments are processed, but only if they become ubiquitous. This Article argues that if virtual currencies are used at that scale, it would pose threats to the stability of the financial system—threats that have been largely unexplored to date. Such threats will arise because the ability of a virtual currency to function as money is very fragile—Bitcoin can remain money only for so long as people have confidence that bitcoins will be readily accepted by others as a means of payment. Unlike the U.S. dollar, which is …
A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman
A Private Ordering Defense Of A Company's Right To Use Dual Class Share Structures In Ipos, Bernard S. Sharfman
Faculty Scholarship
No abstract provided.
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Maryland Law Review
During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …
Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco
Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco
Maryland Law Review
No abstract provided.
Business Law Bulletin, Fall 2015
Law's Acceleration Of Finance: Redefining The Problem Of High-Frequency Trading, Frank A. Pasquale
Law's Acceleration Of Finance: Redefining The Problem Of High-Frequency Trading, Frank A. Pasquale
Faculty Scholarship
High-frequency traders automate stock trading, placing thousands of orders over fractions of a second. Their algorithmic strategies are all too often mere rule manipulation or methods of using brute speed to gain advantages over rivals. Normative evaluation of finance’s algorithms must take into account the sector’s social function: to spur efficient, fair, and sustainable investment practices. The complex modeling deployed in high-frequency trading does not reliably contribute to these goals. Therefore, rather than straining to accommodate high-frequency trading strategies, regulators should eliminate many of them.
Business Law Bulletin, Fall 2014
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Incentivizing Credit Rating Agencies Under The Issuer Pay Model Through A Mandatory Compensation Competition, Robert J. Rhee
Faculty Scholarship
Credit rating agencies are important institutions of the global capital markets. If they had performed properly, the financial crisis of 2008-2009 would not have occurred. This article offers the simplest fix proposed thus far, and it is contrarian. This Article accepts the central role of rating agencies in the regulation of bond investments, the realities of a duopoly, and the issuer-pay model of compensation. The status quo is the baseline. The role of regulation should be to create the conditions necessary to induce competition. This article proposes that a small, recurring portion of revenue earned by the largest rating agencies …
Business Law Bulletin, Spring 2014
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen
Journal of Business & Technology Law
No abstract provided.
Business Law Bulletin, Fall 2013
Corporate Culture And Erm, Michelle M. Harner
Corporate Culture And Erm, Michelle M. Harner
Faculty Scholarship
The attitudes and actions of those viewed as leaders within a company (commonly referred to as “tone at the top”) help to define corporate culture and are critical to implementing a successful enterprise risk management (ERM) program. This paper explores the challenges and benefits of creating a risk-aware corporate culture, including the potential legal implications for boards of directors.
Business Law Bulletin, Spring 2013
The Potential Cost And Value Of Erm, Michelle M. Harner
The Potential Cost And Value Of Erm, Michelle M. Harner
Faculty Scholarship
The concept of enterprise risk managment (ERM) as a holistic approach to managing a company's risk profile has tremendous appeal. However, companies are frequently skeptical about its value and whether the results will justify the cost, effort, and challenges of implementing a meaningful ERM process. This report considers some of those concerns and highlights the governance, compliance, and cultural value of ERM.