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Articles 1 - 22 of 22

Full-Text Articles in Law

Payday Lending: Do Outrageous Prices Necessarily Mean Outrageous Profits, Aaron Huckstep Jan 2007

Payday Lending: Do Outrageous Prices Necessarily Mean Outrageous Profits, Aaron Huckstep

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Little Less Conversation, A Little More Action: Evaluating And Forecasting The Trend Of More Frequent And Severe Prosecutions Under The Foreign Corrupt Practices Act, Justin F. Marceau Jan 2007

A Little Less Conversation, A Little More Action: Evaluating And Forecasting The Trend Of More Frequent And Severe Prosecutions Under The Foreign Corrupt Practices Act, Justin F. Marceau

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo Jan 2007

The Irs’S Cost-Sharing Proposals In The Worldwide Tax System: Why Congress Should Avoid Anti-Competitive Transfer Pricing Regulations And Embrace A Territorial Tax, James D. Mandolfo

Fordham Journal of Corporate & Financial Law

No abstract provided.


Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings Jan 2007

Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings

Fordham Journal of Corporate & Financial Law

No abstract provided.


Incomes, Taxes And The Constitution: Why The D.C. Circuit Court Of Appeals Got It Right In Murphy, Russell F. Romond Jan 2007

Incomes, Taxes And The Constitution: Why The D.C. Circuit Court Of Appeals Got It Right In Murphy, Russell F. Romond

Fordham Journal of Corporate & Financial Law

No abstract provided.


U.C.C. Article 2 Warranties And Internet-Based Transactions: Do The Article 2 Warranties Sufficiently Protect Internet-Based Transactions With Unprofessional Internet Merchants?, Daniel K. Wiig Jan 2007

U.C.C. Article 2 Warranties And Internet-Based Transactions: Do The Article 2 Warranties Sufficiently Protect Internet-Based Transactions With Unprofessional Internet Merchants?, Daniel K. Wiig

Fordham Journal of Corporate & Financial Law

No abstract provided.


Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks Jan 2007

Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks

Fordham Journal of Corporate & Financial Law

No abstract provided.


Predicting Corporate Governance Risk: Evidence From The Directors' & Officers' Liability Insurance Market, Tom Baker, Sean J. Griffith Jan 2007

Predicting Corporate Governance Risk: Evidence From The Directors' & Officers' Liability Insurance Market, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article examines how liability insurers transmit and transform the content of corporate and securities law. Directors' & Officers' (D&O) liability insurers are the financiers of shareholder litigation in the American legal system, paying on behalf of the corporation and its directors and officers when shareholders sue. The ability of the law to deter corporate actors thus depends upon the insurance intermediary. How, then, do insurers transmit and transform the content of corporate and securities law in underwriting D& 0 coverage?In this Article, we report the results of an empirical study of the D&O underwriting process. Drawing upon in-depth interviews …


Constraining Dominant Shareholders' Self-Dealing: The Legal Framework In France, Germany, And Italy , Pierre-Henri Conac, Luca Enriques, Martin Gelter Jan 2007

Constraining Dominant Shareholders' Self-Dealing: The Legal Framework In France, Germany, And Italy , Pierre-Henri Conac, Luca Enriques, Martin Gelter

Faculty Scholarship

All jurisdictions supply corporations with legal tools to prevent or punish asset diversion by those, whether managers or dominant shareholders, who are in control. As previous research has shown, these rules, doctrines and remedies are far from uniform across jurisdictions, possibly leading to significant differences in the degree of investor protection they provide. Comparative research in this field is wrought with difficulty. It is tempting to compare corporate laws by taking one benchmark jurisdiction, typically the US, and to assess the quality of other corporate law systems depending on how much they replicate some prominent features. We take a different …


Introduction Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin Jan 2007

Introduction Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Introduction, Linda Sugin

Faculty Scholarship

This Symposium grew out of what I see as the public/private conundrum facing the nonprofit community and the law governing it. Nonprofit organizations are being called upon to better resemble for-profit organizations in a variety of ways. Those calls come from different sources-from donors increasingly interested in results that can be understood in terms parallel to bottom-line assessments to which businesses are accustomed, from cuts in government funding and increased programming that make nonprofits add more businesslike activities to finance their work, and from increasing numbers of for-profit competitors who have been able to mobilize technology and marketing to succeed …


Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Panel Iv: The Increasing Resemblance Of Nonprofit And Business Organizations Law, Linda Sugin Jan 2007

Resisting The Corporatization Of Nonprofit Governance: Transforming Obedience Into Fidelity Symposium: Nonprofit Law, Economic Challenges, And The Future Of Charities: Panel Iv: The Increasing Resemblance Of Nonprofit And Business Organizations Law, Linda Sugin

Faculty Scholarship

It is my privilege, as organizer of this conference, to reflect on the excellent papers published in this issue and the wonderful discussions that they inspired. The presentations left me with the impression that the law of nonprofit governance is moving toward a more corporate model of accountability-a model that emphasizes audits and other formal financial controls, and that focuses enforcement on financial wrongdoing and misuse of charitable funds by directors and managers. Along with these developments, it appears that the legal role of donors in nonprofit governance is growing, increasing donors' ability to impose their vision on the organizations …


A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman Jan 2007

A "Tic"Ing Time Bomb: Rule 506 Meets Section 1031, Elizabeth A. Whitman

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach Jan 2007

A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach

Fordham Journal of Corporate & Financial Law

No abstract provided.


Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz Jan 2007

Risk Distribution In The Capital Markets: Credit Default Swaps, Insurance And A Theory Of Demarcation, Robert F. Schwartz

Fordham Journal of Corporate & Financial Law

No abstract provided.


Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung Jan 2007

Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch Jan 2007

The Seventh Annual A.A. Sommer, Jr. Lecture On Corporate, Securities & Financial Law: The U.K Fsa: Nobody Does It Better?, William Michael Treanor, Ben A. Indek, Jill E. Fisch

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Role Of Financial Journalists In Corporate Governance, Michael J. Borden Jan 2007

The Role Of Financial Journalists In Corporate Governance, Michael J. Borden

Fordham Journal of Corporate & Financial Law

No abstract provided.


Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman Jan 2007

Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl Jan 2007

Confidential Informants In Private Litigation: Balancing Interests In Anonymity And Disclosure, Ethan D. Wohl

Fordham Journal of Corporate & Financial Law

No abstract provided.


Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson Jan 2007

Sec Settlement: Agency Self-Interest Or Public Interest, Danné L. Johnson

Fordham Journal of Corporate & Financial Law

No abstract provided.


Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid Jan 2007

Compensation Practices For Retail Sale Of Mutual Funds: The Need For Transparency And Disclosure, John Howat, Linda Reid

Fordham Journal of Corporate & Financial Law

No abstract provided.


Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh Jan 2007

Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh

Fordham Journal of Corporate & Financial Law

No abstract provided.