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Articles 31 - 60 of 322
Full-Text Articles in Law
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings
Pepperdine Law Review
No abstract provided.
Order On Motion To Dismiss (Benfield V. Wells Et Al.), John J. Goger
Order On Motion To Dismiss (Benfield V. Wells Et Al.), John J. Goger
Georgia Business Court Opinions
No abstract provided.
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses , Gregory Scott Crespi
Pepperdine Law Review
No abstract provided.
Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman
Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman
David B. Hunter
An ever-increasing number of standards, guidelines, principles, norms, and best practices have been adopted to address the environmental and social impacts of multinational enterprises (MNEs). This increase in standards and norms corresponds to a rise in MNE sensitivity to the environmental and social impacts that their activities have on local communities in developing countries. These standards and norms are considered voluntary by definition because they are typically not state-sponsored or the product of public regulation. They fill a normative gap located between the state-centered focus of international law and the often inadequate or unenforced standards of the developing country hosts …
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
David B. Hunter
No abstract provided.
Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova
Real-Time Collection Of The Value-Added Tax: Some Business And Legal Implications, Richard Thompson Ainsworth, Boryana Madzharova
Faculty Scholarship
Recent estimates of the level of VAT fraud in the EU are commensurate with the EU budget. With the Green paper on the future of VAT, the European Commission stressed the urgency and necessity of comprehensive VAT reforms. This paper analyses the business and legal implications of the recently proposed split-payment mechanism, which, if implemented, would move VAT’s method of collection to real-time. The discussion is positioned in the context of two increasingly visible trends in the EU – the general shift towards greater reliance on indirect taxation and the growing popularity of electronic payment instruments. The potential implementation of …
Leveraging Art (Alternative Risk Transfer) For Difficult To Value Assets, William Byrnes
Leveraging Art (Alternative Risk Transfer) For Difficult To Value Assets, William Byrnes
William H. Byrnes
No abstract provided.
Avalon Holdings , Llc V. Ameris Bank, Et Al. Order On Jnov, Melvin K. Westmoreland
Avalon Holdings , Llc V. Ameris Bank, Et Al. Order On Jnov, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle
The False Promise Of Risk-Reducing Incentive Pay: Evidence From Executive Pensions And Deferred Compensation, Kelli A. Alces, Brian D. Galle
Scholarly Publications
No abstract provided.
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
The Opportunities Of Multiple Sovereign Crises; The European Market Phoenix, Luca C. M. Melchionna
North Carolina Central Law Review
No abstract provided.
Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu
Foreign Direct Investment Catalysts In West Africa: Interactions With Local Content Laws And Industry-Community Agreements, Ibironke T. Odumosu-Ayanu
North Carolina Central Law Review
No abstract provided.
Business Law Bulletin, Fall 2012
A Regulatory Design For Monetary Stability, Morgan Ricks
A Regulatory Design For Monetary Stability, Morgan Ricks
Vanderbilt Law Review
This Article proposes a unified regulatory approach to the issuance of "money-claims"--a generic term that refers to fixed-principal, very short-term IOUs, excluding trade credit. The instability of this market is arguably the central problem for financial regulatory policy. Yet our existing regulatory system lacks a coherent approach to this market. The Article proposes a public-private partnership ("PPP") regime, under which only licensed entities would be permitted to issue money - claims (subject to de minimis exceptions). Licensed money- claim issuers would be required to abide by portfolio restrictions and capital requirements. In addition, the government would explicitly insure licensed issuers' …
The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer
The Private Costs Of Patent Litigation, James Bessen, Michael J. Meurer
Faculty Scholarship
This paper estimates the total cost of patent litigation to alleged infringers. We use a large sample of stock market event studies around the date of lawsuit filings for US public firms from 1984-99. We find that the total costs of litigation are much greater than legal fees and costs are large even for lawsuits that settle. Lawsuits cost alleged infringers about $28.7 million ($92) in the mean and $2.9 million in the median. Moreover, infringement risk rose sharply during the late 1990s to over 14% of R&D spending. Small firms have lower risk relative to R&D.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
Dynamic Resolution Of Large Financial Institutions, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
One of the more important issues emerging out of the 2008 financial crisis concerns the proper resolution of a systemically important financial institution. In response to this, Title II of Dodd-Frank created the Orderly Liquidation Authority, or OLA, which is designed to create a resolution framework for systemically important financial institutions that is based on the resolution authority that the FDIC has held over commercial bank failures. In this article, we consider the various alternatives for resolving systemically important institutions. Among these alternatives, we discuss OLA, a European-style bail-in process, and coerced mergers, while also extensively focusing on the bankruptcy …
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music
Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music
Symphony Music
This description of the crime that Chase participates in as it proceeds with its foreclosure activities is necessary because the banking industry is misleading the judicial system about important financial aspects of today’s home loan mortgages. This is an initial attempt to describe the crime, including references to La Cosa Nostra and the crime families.
The Inherent Instability Of The Financial System, Kim De Glossop
The Inherent Instability Of The Financial System, Kim De Glossop
The Journal of Business, Entrepreneurship & the Law
The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
The Journal of Business, Entrepreneurship & the Law
Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation and the word-of-mouth referrals of their colleagues. In subsequent selections of a law firm, these factors are transplanted by past results. Firm expertise and cost …
The Federal Reserve As Last Resort, Colleen Baker
The Federal Reserve As Last Resort, Colleen Baker
University of Michigan Journal of Law Reform
The Federal Reserve, the central bank of the United States, is one of the most important and powerful institutions in the world. Surprisingly, legal scholarship hardly pays any attention to the Federal Reserve or to the law structuring and governing its legal authority. This is especially curious given the amount of legal scholarship focused on administrative agencies that do not have anywhere near as critical a domestic and international role as that of the Federal Reserve. At the core of what the Federal Reserve does and should do is to conduct monetary policy so as to safeguard pricing, including that …
The Volcker Rule's Hedging Exemption, Spencer A. Winters
The Volcker Rule's Hedging Exemption, Spencer A. Winters
Michigan Law Review First Impressions
The comment period for the proposed regulations to be promulgated under the Volcker Rule expired on February 13, 2012. The rulemakers received over 16,000 comments during that period, in what one commentator described as a "fecal storm." Though that description is hopefully an exaggeration, it is safe to say that the Rule's implementation has been contentious. The Volcker Rule, named for former chairman of the Federal Reserve Paul Volcker, is a component of the Dodd-Frank Act, which Congress passed in response to the recent financial crisis. The Rule's statutory provision charges the nation's financial regulators with issuing a body of …
Towards A New Transition Economics, Katharina Pistor
Towards A New Transition Economics, Katharina Pistor
Katharina Pistor
In these brief comments I take issue with the thesis expressed in Konstantin Sonin’s conference review that economic transition is a thing of the past. To the contrary, I argue that it has only just begun and so has the process of rethinking the economic theories and models that have framed the subfield of transition economics. Specifically, I point out that the many surprises economists have encountered when confronted with the actual results of the transition process reveal deeper flaws in the analytical framework that informs their analyses and policy prescriptions. If protecting theories and models is of first order …
The Intellectual Integrity Of Ed Baker, Vincent Blasi
The Intellectual Integrity Of Ed Baker, Vincent Blasi
West Virginia Law Review
No abstract provided.
Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois
Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois
Dr. Fabien LIEGEOIS
Analyse de la systématique du Modèle suisse d'accords bilatéraux en matière d'imposition à la source (All;R-U; Aut).
Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock
Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock
Charles W. Murdock
No abstract provided.
Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock
Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock
Charles W. Murdock
No abstract provided.
Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, Frederick Tung, M Todd Henderson
Reverse Regulatory Arbitrage: An Auction Approach To Regulatory Assignments, Frederick Tung, M Todd Henderson
Faculty Scholarship
In the years before the Financial Crisis, banks got to pick their regulators, engaging in a form of regulatory arbitrage that we now know was a race to the bottom. We propose to turn the tables on the banks by allowing regulators, specifically, bank examiners, to choose the banks they regulate. We call this “reverse regulatory arbitrage,” and we think it can help improve regulatory outcomes. Building on our prior work that proposes to pay bank examiners for performance — by giving them financial incentives to avoid bank failures — we argue that bank supervisory assignments should be set through …
Depoliticizing Financial Regulation, Steven A. Ramirez
Depoliticizing Financial Regulation, Steven A. Ramirez
Steven A. Ramirez
No abstract provided.
Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen
Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article focuses on some problems arising from applying the product due diligence requirement of the suitability rule to complex financial products. The article draws several conclusions. First, the ‘not unsuitable’ test should be adopted to reduce legal uncertainty. Second, the comparative risk approach is a better choice in assessing the suitability of investment products. However, there must be further elaboration of the classification of product risk. Third, there must be a balance between risk and return to avoid risk mismatches in product design. Fourth, what have been termed minibonds raise the problem of documentation suitability. Though it is difficult …