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Full-Text Articles in Law
An Unstoppable Force: The Offshore World In A Modern Global Economy, Michael J. Burns, James Mcconvill
An Unstoppable Force: The Offshore World In A Modern Global Economy, Michael J. Burns, James Mcconvill
UC Law Business Journal
Offshore financial centres ("OFCs") are often labelled "tax havens" due to a misconception that they only serve to avoid tax liability. This comment focuses on the many other practical reasons for using OFCs in international business. Reducing tax liability is just one of many reasons why structures utilise products from OFCs. The authors argue that OFCs are not simply "tax havens," but are a positive, unstoppable force in their own right.
Can The Rich Fend For Themselves?: Inconsistent Treatment Of Wealthy Investors Under The Private Fund Investment Advisers Registration Act Of 2010, Vijay Sekhon
UC Law Business Journal
In this comment, the author analyzes the inconsistent regulation of wealthy investors under the federal securities laws in light of the passage of the Private Fund Investment Advisers Registration Act of 2010. After summarizing the exemptions in the federal securities laws for wealthy investors and providing an overview of private equity and hedge funds, the author summarizes the regulation of private equity and hedge funds under the Private Fund Registration Act of 2010 and analyzes this regulation in light of the exemptions in the federal securities laws for wealthy investors. The author concludes with policy recommendations to eliminate the inconsistent …
The Fabricated Unwind Doctrine: The True Meaning Of Penn V. Robertson, John Prebble, Chye-Ching Huang
The Fabricated Unwind Doctrine: The True Meaning Of Penn V. Robertson, John Prebble, Chye-Ching Huang
UC Law Business Journal
The Tax Unwind Doctrine allows taxpayers, who are parties to a prior taxable transaction, to effectively "undo" the transaction and return to the status quo as if the transaction never occurred. This article finds that Penn v. Robertson is not authority for the unwind doctrine, contrary to the routine assertions of the Internal Revenue Service, practitioners, taxpayers, and legal academics. This article shows that the unwind doctrine, and the large structure of tax practice built upon it, has no foundation in case law. The article considers the practical significance of the misunderstanding of Penn v. Robertson in Revenue Ruling 80-85 …
Implementation Of China's 2007 Open Government Information Regulation, Nolan R. Shaw
Implementation Of China's 2007 Open Government Information Regulation, Nolan R. Shaw
UC Law Business Journal
This note reviews the implementation of China's 2007 Open Government Information Regulation both in and outside the courts. Increased information about the workings of government promotes fairness, improved government work, civic participation, and faith in government. This note reviews the unsurprising hiccoughs in the initial implementation of the OGI Regulation, but also notes that most government offices are making positive efforts to comply with the OGI Regulation. The note concludes that the law is an important step in China's move towards greater transparency, but needs broader judicial application to be effective.
Creditor Claims In Arbitration And In Court, Christopher R. Drahozal, Samantha Zyontz
Creditor Claims In Arbitration And In Court, Christopher R. Drahozal, Samantha Zyontz
UC Law Business Journal
This article compares debt collection cases brought by business claimants in arbitration-both individual AAA debt collection arbitrations and cases brought under a program of debt collection arbitrations administered by the AAA-to debt collection cases brought in court. This research adds new information to the policy debate over consumer arbitration. The differing win rates for business claimants and consumer claimants appear to result from two factors, neither of which provides evidence of bias in favor of business claimants. First, the types of claims businesses bring in arbitration tend to differ from the types of claims consumers bring. Second, business claims are …
Access To United States Courts By Purchasers Of Foreign Listed Securities In The Aftermath Of Morrison V. National Australia Bank Ltd., Roger W. Kirby
Access To United States Courts By Purchasers Of Foreign Listed Securities In The Aftermath Of Morrison V. National Australia Bank Ltd., Roger W. Kirby
UC Law Business Journal
This article evaluates and critiques the Morrison decision, which precluded access to United States federal courts for purchasers of securities listed on foreign exchanges bringing claims arising under section 10(b) of the Securities Exchange Act of 1934. The article also identifies alternative methods by which those purchasers may pursue claims for securities related fraud in United States courts.
Paying For Daniel Webster: Critiquing The Contract Model Of Advancement Of Legal Fees In Criminal Proceedings, Regina Robson
Paying For Daniel Webster: Critiquing The Contract Model Of Advancement Of Legal Fees In Criminal Proceedings, Regina Robson
UC Law Business Journal
This article examines the contract paradigm used to structure the advancement of legal fees to employees facing criminal investigation. It posits that the current contract model does little to advance the traditional goals of advancement and prevents consideration of the legitimate purpose of advancement: to support fair and efficient prosecution of white-collar crimes. The article proposes adoption of a duty paradigm as an alternative to the contract analysis of advancement. It argues that the use of a duty model will allow for a reevaluation of the purpose of advancement in whitecollar criminal proceedings and will encourage conscious consideration of legitimate …
Webcaster Ii: A Case Study Of Business To Business Rate Setting By Formal Rulemaking, Andrew D. Stephenson
Webcaster Ii: A Case Study Of Business To Business Rate Setting By Formal Rulemaking, Andrew D. Stephenson
UC Law Business Journal
This note argues that The Copyright Royalty and Distribution Reform Act of 2004 is unsuccessful at achieving its goal of an effective administrative system for determining copyright royalty rates between the private parties that make up copyright owners and copyright users. To prove this, the note analyzes the Copyright Royalty Board's rate-setting in the proceeding, coined Webcaster II, announced February 16, 2005, the final rule and order determined on May 1, 2007, and the subsequent decision of the D.C. Circuit Court of Appeals issued on August 7, 2009.
Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine V. Jackson
Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine V. Jackson
UC Law Business Journal
This article sets forth an argument as to why the empowerment of stakeholder investors presents the only currently viable means for stakeholders to influence the behavior of the American public corporation. The article explores the history of corporations in America, Germany, and the United Kingdom and analyzes the disparate theories of corporate governance between the countries. Through this analysis, it will become clear that: (1) of the various interests having control over corporate decision-making, shareholders can best accommodate stakeholder interests; (2) stakeholder interests can be represented in corporate management and decisionmaking; and (3) the empowerment of stakeholder-shareholders can reform corporate …
Protecting Title In Continental Europe And The United States - Restriction Of A Market, Peter Soskin
Protecting Title In Continental Europe And The United States - Restriction Of A Market, Peter Soskin
UC Law Business Journal
Out of the many issues facing homebuyers, arguably, the most important is ensuring that title to their property is free and clear of encumbrances. The buyer must follow prescribed protocols in order to ensure and protect ownership rights over property and avoid later claims. This note will compare title protection procedures and costs for residential real estate in United States and Continental Europe. The concludes by explaining how the different procedures for ensuring transfer of good title, or at least financial protection from third party claims, are the result of each region's unique historical development.
Sunlight On Iran: How Reductive Standards Of Materiality Excuse Incomplete Disclosure Under The Securities Laws, Amy Deen Westbrook
Sunlight On Iran: How Reductive Standards Of Materiality Excuse Incomplete Disclosure Under The Securities Laws, Amy Deen Westbrook
UC Law Business Journal
U.S. federal securities law protects investors by requiring companies to disclose information that is "material," information that would be significant to a reasonable person making an investment decision. This article examines the doctrine of materiality as it is currently being used by reporting companies to avoid disclosure of activities in Iran. The Securities and Exchange Commission's reductive standard relies on notions of informational efficiency made implausible after the financial crisis, undercuts crucial U.S. foreign policy, and fails to protect investors. Consequently, this article argues that the Securities and Exchange Commission should use a broader understanding of materiality.
Why Can't We Be Friends?: Why California Needs A Lifestyle Discrimination Statute To Protect Employees From Employment Actions Based On Their Off-Duty Behavior, Jean M. Roche
UC Law Business Journal
This note explores the employment implications that social networking has on private employees and discusses the need for a lifestyle discrimination statute in California. The note begins with an overview of the increasing use of social networking, both within the employment context as well as within society as a whole. The note then analyzes current privacy protections under federal and California law and contrasts those protections with lifestyle discrimination statutes adopted in Colorado and New York. Ultimately, the note concludes that California should adopt a statute that would provide protection to employees who are terminated for off-duty, off-site behaviors which …