Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Syracuse University (4)
- Vanderbilt University Law School (4)
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
- Yeshiva University, Cardozo School of Law (3)
-
- American University Washington College of Law (2)
- Fordham Law School (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- SelectedWorks (1)
- Singapore Management University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- Publication Year
- Publication
-
- Syracuse Journal of International Law and Commerce (4)
- Cardozo Law Review (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Georgia Journal of International & Comparative Law (2)
- Vanderbilt Law Review (2)
-
- Brian M McCall (1)
- Catholic University Journal of Law and Technology (1)
- Fordham Journal of Corporate & Financial Law (1)
- LLM Theses and Essays (1)
- Michigan Law Review (1)
- Michigan Telecommunications & Technology Law Review (1)
- Nevada Law Journal (1)
- Northwestern Journal of International Law & Business (1)
- Pepperdine Law Review (1)
- Research Collection Yong Pung How School Of Law (1)
- Seattle University Law Review (1)
- Seth C Oranburg (1)
- South Carolina Law Review (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 30
Full-Text Articles in Law
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
South Carolina Law Review
No abstract provided.
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes
Northwestern Journal of International Law & Business
Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.
This article explores how …
Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf
Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf
Catholic University Journal of Law and Technology
What happens when the interests of international trade conflict with those of national security? This article analyzes this question within the context of the Committee on Foreign Investment in the United States (CFIUS), an obscure but increasingly powerful executive panel that exercises the president's broad authority to unilaterally interfere with and stop international mergers and acquisitions. With the passage of the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS is more powerful now than it has ever been, and should be a key consideration for any company seeking to do business with foreign investors. This is especially true as America …
Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip
Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip
Research Collection Yong Pung How School Of Law
This interim report on legal barriers to doing business in ASEAN coincides with the 50th Anniversary of ASEAN’s founding and the first year of the ASEAN Economic Community (AEC). The team is privileged to be supported by, among others, the Canada-ASEAN Business Council (CABC), given that it is also the 40th anniversary of dialogue relations between Canada and ASEAN.
Despite occasional misgivings about the “ASEAN Way”, ASEAN economic integration has come a very long way. The number of member States has grown over the 50 years since ASEAN’s founding, and the joint efforts among these States driving economic growth and …
Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber
Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber
Articles in Law Reviews & Other Academic Journals
The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.
The authors of this commentary run law clinics that provide pro …
The Bridging Model: Exploring The Roles Of Trust And Enforcement In Banking, Bitcoin, And The Blockchain, Catherine Martin Christopher
The Bridging Model: Exploring The Roles Of Trust And Enforcement In Banking, Bitcoin, And The Blockchain, Catherine Martin Christopher
Nevada Law Journal
No abstract provided.
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Georgia Journal of International & Comparative Law
No abstract provided.
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg
Bridgefunding Is Crowdfunding For Startups Across The Private Equity Gap, Seth C. Oranburg
Seth C Oranburg
Title III of the JOBS Act of 2012, which attempts to encourage entrepreneurship by allowing startups and small business to sell stock to the general public over the Internet through “crowdfunding,” is completely backwards. Its ceiling should be a floor—the $1 million limit should be inverted. By capping startups at raising $1 million from crowdfunding, the JOBS Act does not address the private equity gap, a fundamental problem in startup markets, and exposes unsophisticated investors to risk and fraud. This Article presents a regulatory framework premised on “bridgefunding,” an approach that this article develops to protect new investors by encouraging …
The Growth Triangle Of Singapore, Malaysia And Indonesia, Terence P. Stewart, Margaret L.H. Png
The Growth Triangle Of Singapore, Malaysia And Indonesia, Terence P. Stewart, Margaret L.H. Png
Georgia Journal of International & Comparative Law
No abstract provided.
Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch
Mexico's Maquiladoras Examined: Are In-Bond Production Plants The Wave Of The Future?, Norman R. Gritsch
Pepperdine Law Review
No abstract provided.
Private Equity Investment In The Brics, Andreas Woeller
Private Equity Investment In The Brics, Andreas Woeller
Fordham Journal of Corporate & Financial Law
This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Seattle University Law Review
For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
University of Richmond Law Review
This comment examines the rise of China's middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment discusses the ramifications of strict domestic residential mortgage regulations and how China's tempered investment structure secured its domestic housing market. Part II of this comment examines China's investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …
The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss
Michigan Telecommunications & Technology Law Review
Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall
It's Just Secured Credit: The Natural Law Case In Defense Of Some Forms Of Secured Credit, Brian M. Mccall
Brian M McCall
For decades scholars have been debating whether of not the institution of security can be explained and justified. After much discussion from varying points of view and hermeneutics, although some insights have been gained, the answer to the original question remains unresolved. This article attempts to bring new life to this debate by building on Professors Mooney and Harris’ idea of security interest as property right while taking account of the valid concerns of scholars such as Elizabeth Warren and Lyn Lopucki that certain results produced by the current system seem unjust. This reconciliation of these two strands of secured …
The Ties That Bind? Regionalism, Commercial Treaties, And The Future Of Global Economic Integration, Chris Brummer
The Ties That Bind? Regionalism, Commercial Treaties, And The Future Of Global Economic Integration, Chris Brummer
Vanderbilt Law Review
A revolutionary shift in international cooperation is underway. Many governments, frustrated with dissension hampering multilateral trade reform at the World Trade Organization ("WTO"), are now turning to bilateral and regional treaties to forward their commercial interests.1 Under these agreements, which rocketed from fewer than 390 in 1989 to more than 2,400 today,2 states have relinquished key aspects of their economic sovereignty to participate in two-party pacts and regional trade clubs like the North American Free Trade Agreement ("NAFTA") and the European Union ("EU"). As a result of such cooperation, most countries no longer may levy tariffs easily, subsidize their domestic …
The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park
The Legal Regulation Of Hedge Funds In The United States Long-Term Capital Management Episode, Jong Cheol Park
LLM Theses and Essays
Mutual funds and hedge funds are popular forms of investment in the United States and throughout the world. Mutual funds are regulated by securities' regulators in the United States. Hedge funds, however, are not regulated because of their operational flexibility in investment. U.S. regulators are concerned that if they regulate hedge funds, hedge funds will, along with their economic benefits, emigrate to offshore havens. However, if we consider the importance of the American financial markets in the world, this idea can be dismissed. Due to globalization in the capital markets, small events in the United States can have large effects …
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith
Investing In Democracy: Joint Venture Opportunities In The Czech And Slovak Federal Republic, Kristina Smith
Syracuse Journal of International Law and Commerce
The purpose of this Note is to assess the potential for successful business ventures in the C.S.F.R. in relation to the 1990 amendments to the Act. This Note will first discuss the needs and concerns of U.S. business persons who, until now, have been hesitant to join their Western European counterparts in establishing a business presence in the Eastern European marketplace. It will then analyze the Act and determine whether the 1990 amendments sufficiently remove traditional legal barriers to foreign equity investment in the C.S.F.R. Finally, this Note concludes that there are numerous economic and political measures, embodied in both …
A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen
A Theoretic Analysis Of Corporate Auctioneers Liability Regimes, Randall Thomas, Robert G. Hansen
Vanderbilt Law School Faculty Publications
In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple negligence are exposed to billions of dollars of potential legal liabilities. This article first reviews the existing law covering auctioneer/advisers and shows that the Schneider decision conflicts with the law governing general auctioneers and with the law governing the role of advisers and directors during the sale of the corporate control. Next, using an auction-theoretic framework, this Article shows that Schneider will likely result in: (1) increased indemnification …
Negotiability, Property, And Identity, James Steven Rogers
Negotiability, Property, And Identity, James Steven Rogers
Cardozo Law Review
No abstract provided.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiablity: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk
Syracuse Journal of International Law and Commerce
In an attempt to further enhance the investment environment in general, and the protection of intellectual property rights in specific, in January 1988 China promulgated two sets of detailed implementing rules under the Trademark Law and the Regulations on the Administration of Technology Import Contracts. This article will analyze these two developments in an effort to assess how they promote China's stated policy of using advanced technology to spur economic development and thus aid in its modernization efforts.
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan
Cardozo Law Review
No abstract provided.
Panel Discussion: Prognostications, L.F.E. Goldie, James M. Spence, Lorne S. Clark, Harold Russell, Michael Gadbaw, Frank Ruddy, John J. Barcelo Iii, William Connell
Panel Discussion: Prognostications, L.F.E. Goldie, James M. Spence, Lorne S. Clark, Harold Russell, Michael Gadbaw, Frank Ruddy, John J. Barcelo Iii, William Connell
Syracuse Journal of International Law and Commerce
Discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.
The panel discusses effects of the Foreign Investment Review Act will have on the future of United States investment flows into Canada, while acknowledging the unique relationship these two trading patterns have and the symbiosis that each provides to the other for the betterment of both North American trading partners.
The Foreign Investment Review Act Of Canada, James M. Spence
The Foreign Investment Review Act Of Canada, James M. Spence
Syracuse Journal of International Law and Commerce
An assessment of the Foreign Investment Review Act of Canada of 1972, describing the rationale for the legislation, its results, and uncertainties about the scope of the jurisdiction of the Act.
Toward A Uniform Approach To Multilevel Distributorships, Donald Daniels
Toward A Uniform Approach To Multilevel Distributorships, Donald Daniels
University of Michigan Journal of Law Reform
The phenomenal growth and eventual collapse of the enterprises of Glenn Wesley Turner and William Penn Patrick during the 1960's should have surprised no one. They were only a recent example of an old and recurrent merchandising scheme, a variant of the chain letter device. Such operations, commonly called pyramid sales schemes, can temporarily succeed where a credulous public, willing to believe that it can get rich quickly for a small monetary investment and little or no expenditure of effort, exists in a legal system lacking a coordinated program for the prevention of such machinations. Pyramid sales schemes have been …
The Problems: An Overview, Mark S. Massel
The Problems: An Overview, Mark S. Massel
Vanderbilt Journal of Transnational Law
Securities regulation -- domestic and foreign -- has a technical fascination for the lawyer, whether he be a practicing attorney, corporate counsel, government regulator, or legal scholar. The intricate detail of the primary regulations and of their subsidiary byways provide opportunities for stimulating mental gymnastics. The piecing together of the various phases provides interesting occasions for experimentation, speculation, and analyzation.
Yet, a preoccupation with securities regulation which overlooks the setting can produce mere academic exercise. The need for an appreciation of the setting is all-important in examining foreign securities regulation. In considering United States securities regulation we do not need …
Fifteen-Year Survey Of Corporate Developments, 1944-1959, Miguel A. De Capriles
Fifteen-Year Survey Of Corporate Developments, 1944-1959, Miguel A. De Capriles
Vanderbilt Law Review
The foregoing survey, it is believed, amply demonstrates the kaleidoscopic variety of the corporate developments of the past fifteen years, even though for obvious reasons much of the detail has had to be omitted. General conclusions are difficult to draw. It seems likely that the success of capitalist enterprise in this, period and the self-imposed improvement in standards of corporate. Fanchon & Marco, Inc. v. Paramount Pictures, 202 F.2d 731 (2d Cir. management have retarded the underlying trend toward expansion of the role of government in the regulation of economic affairs. There has been no occasion for new dramatic statutory …
Combination Not Competition Of Railroads, Blewett Lee
Combination Not Competition Of Railroads, Blewett Lee
Michigan Law Review
In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …