Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate change; ESG; corporate governance; diversified investors; fiduciary duty; hedge fund; index fund; institutional investors; proxy contest; systematic risk (1)
- Fair Housing; Great Depression; COVID-19; legislation; affordable housing; property; real property; civil rights; segregation; Black Lives Matter; Village of Euclid v. Ambler Realty Co.; Corrigan v. Buckley; Fair Housing Act; aditional dwelling unit; ADU; zoning; pubic health; Federal Housing Administration; FHA; home loan; mortgage; rezoning; upzoning; Bloomber; Bill De Blasio; Mandatory Inclusionary Housing; Anti-Discrimination Center v. Westchester County; Great Recession; rent; policy; Community Housing Improvement Program; CHIP; CARES Act; Tenant Safe Harbors Act; Department of Housing Preservation and Development; Cuomo; Low-Income Housing Tax Credit; IRS; Mount Laurel; home rule; jurisdiction; administrative agency; Dillon Rule; sustainability; shutdown (1)
- Fair use; Copyright Act; Fair use doctrine; dispute; enforcement; Blurred Line; Robin Thicke; music sampling; copyright protection; venue; administrative law; commerical; substantiality; Harper v. Row; fair use factor; Estate of Smith v. Graham; Bridgeport Music (1)
- Inc. v. UMG Recordings (1)
- Inc.; infringement; economic efficiency; National Labor Relations Board; NLRB; National Labor Relations Act; NLRA; Administrative Law Judge; ALJ; agency law; alternative dispute resolution; ADR; (1)
-
- Institutional investors; mutual funds; empty voting; shareholders; Big Three; ESG; SEC; stock market; securities regulation; (1)
- Qualified Opportunity Fund; QOF; Private Equity Exemption; Tax Cuts and Jobs Act; securities law; securities regulation; Donald Trump; COVID-19; Internal Revenue Service; IRS; Qualified Opportunity Zones; QOZ; opporunity zone project; tax law; tax incentive; IRS Form 8996; Securities and Exchange Commission; SEC; Securities Act of 1933; Investment Company Act of 1940; private fund exclusion; SEC Rule 506(b); SEC Rule 506(c); section 3(c)(1); section 3(c)(7); investment contract; sophisticated investor; Regulation D; reform; disclosure; California Public Employees' Retirement System; CalPERS; Assembly Bill 2833; crowdfunding; New Markets Tax Credit Program; Low Income House Tax Credit; low-income areas; (1)
- Self-regulatory organizations; SEC; FINRA; stock exchanges; stock market; NYSE; securities law (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
This article distinguishes two types of shareholder activism: (1) firm-specific activism, which has a long history and focuses on changes at a specific target company, and (2) systematic risk activism, which seeks to reduce the systematic risk in a portfolio and thereby benefit diversified investors. Typically, such a systematic risk campaign may force a portfolio company to internalize negative externalities to benefit the other companies in the portfolio (such as by reducing carbon emissions or undertaking climate risk reforms). But, systematic risk activism faces an inherent difficulty: the party that leads this campaign and invests in the target company may …
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Mutual Fund Stewardship And The Empty Voting Problem, Jill E. Fisch
Brooklyn Journal of Corporate, Financial & Commercial Law
When Roberta Karmel wrote the articles that are the subject of this symposium, she was skeptical of the potential value of shareholder voting and the emerging involvement of institutional investors in corporate governance. In the ensuring years, both the increased role and engagement of institutional investors and the heightened importance of shareholder voting offer new reasons to take Professor Karmel’s concerns seriously. Institutional investors have taken on a broader range of issues from diversity and political spending to climate change and human capital management, and their ability to influence corporate policy on these issues has become more significant. The broadened …
Looking Forward: Professor Roberta Karmel’S Prescient Views On The Transformation Of Self-Regulatory Organizations And Of The Securities Market Structure At The Turn Of The Last Century, James A. Fanto
Brooklyn Journal of Corporate, Financial & Commercial Law
This essay examines Professor Roberta Karmel’s scholarship on the transformation of self-regulatory organizations (SROs) and the securities market structure, a transformation that occurred at the turn of the last century. It explains how she examined the events from the perspective of a lawyer who had a rich knowledge of the history of the SROs, the securities markets, and their regulation and how she provided a practical understanding of the way these markets worked. It points out that, rather than offering an overarching theory that would explain all of these developments and that would guide regulators and legislators in SRO and …
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Brooklyn Journal of Corporate, Financial & Commercial Law
The current enforcement method of the fair use doctrine is not suitable to handle the ever-evolving music industry. The fair use doctrine allows a copyright protected work to be used without getting it approved by the original owner of the work. This is seen often in music sampling. Music sampling is extremely prevalent in today’s music industry; however, federal court is currently the only arena that sampling disputes can be resolved in. This has led to inconsistencies across circuits, unfairness, and exacerbated the backlog of the federal court docket. While many have pointed out both the inefficiency and unfairness of …
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Looking For A Silver Lining: How The Covid-19 Pandemic Forced New York To Reckon With Its Affordable Housing Crisis, Daniel Finnegan
Brooklyn Journal of Corporate, Financial & Commercial Law
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing market. Furthermore, it has pushed New York State’s residential housing market into a uniquely precarious position. Dramatic legislation is required at the state level to address the housing crisis caused by the massive growth in income-insecure and housing-insecure individuals that resulted from the pandemic, as well as the widespread departure of …
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Brooklyn Journal of Corporate, Financial & Commercial Law
The historic Tax Cuts and Jobs Act (TCJA), passed and signed into law in 2017, included a pilot program of a new kind of tax advantage: the Qualified Opportunity Zone. The obscure provision has since spawned novel investment vehicles, called Qualified Opportunity Funds, through which qualified individuals and entities participate in what are often significant tax advantages, including deferral of capital gains for up to ten years. Because Qualified Opportunity Funds have come into existence so recently, regulation has been slow to catch up to the ways in which this tax program is rapidly attracting capital from private equity, investment …