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Comparative and Foreign Law Commons

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Articles 1 - 15 of 15

Full-Text Articles in Comparative and Foreign Law

Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony May 2020

Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony

The Journal of Business, Entrepreneurship & the Law

This article examines the law of insider trading in both the American and Egyptian legal systems. It seeks to pinpoint the policy rationale behind prohibiting insider trading, the theories of civil enforcement and criminalization, and the concept of tipping in the United States. It also analyzes the express statutory prohibition under Egyptian law. Furthermore, it explains the doctrinal link between securities fraud and insider trading in the U.S. as well as the enforcement mechanisms in place at the SEC, the NYSE, and the NASDAQ. It also surveys the surveillance authority of the Egyptian Financial Regularity Authority and of the Egyptian …


Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker Oct 2019

Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker

The Journal of Business, Entrepreneurship & the Law

Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any annulment or suspension …


Crashing The Boards: A Comparative Analysis Of The Boxing Out Of Women On Boards In The United States And Canada, Diana C. Nicholls Mutter Oct 2019

Crashing The Boards: A Comparative Analysis Of The Boxing Out Of Women On Boards In The United States And Canada, Diana C. Nicholls Mutter

The Journal of Business, Entrepreneurship & the Law

This paper will first provide a critical, comparative look at the Canadian and the federal American responses to the under-representation of women on boards of large, publicly traded corporations. There will be a discussion about the competing conceptions which emerge in addressing the regulation of women on boards in the United States and Canada and why each jurisdiction implemented its policy when it did. The conceptions arising out of questions about under-representation of women on boards tend to fall within two categories: business case rationales and normative rationales. Given the competing conceptions of this issue, this paper will attempt to …


Behavioural Economics And The Non-Frustration Rule: Accounting For Bias, Matthew Cole Oct 2019

Behavioural Economics And The Non-Frustration Rule: Accounting For Bias, Matthew Cole

The Journal of Business, Entrepreneurship & the Law

The purpose of this paper is to argue how reforming the UK takeover and merger rules can lead to greater long-term investment by UK firms, while causing commensurate growth in productivity without hindering overseas investment or entrenching inefficient management.


The European Aspects Of Global Financial Developments, Virag Ilona Blazsek Mar 2018

The European Aspects Of Global Financial Developments, Virag Ilona Blazsek

The Journal of Business, Entrepreneurship & the Law

What is the position of Europe—and specifically the European Union (EU)—on the world map of global finances in 2017? This comment seeks to answer this question by focusing on three key issues. First, it analyzes Europe’s post-2008 bank bailouts, its sector-wide rescue packages, and its consequential sovereign-debt crisis. Second, it considers the role of the international credit rating agencies and asks why Europe does not have a large rating agency of its own. Third, it assesses the EU’s major recent regulatory developments related to the financial sector. There is no doubt that Europe is in a sustained economic and political …


A New Deal For Europe? The Commerce Clause As The Solution To Tax Discrimination And Double Taxation In The European Union, Charles Edward Andrew Lincoln Iv Mar 2018

A New Deal For Europe? The Commerce Clause As The Solution To Tax Discrimination And Double Taxation In The European Union, Charles Edward Andrew Lincoln Iv

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim Dec 2017

To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim

The Journal of Business, Entrepreneurship & the Law

This Article deals with debt-for-equity swap-related issues in Korean corporate restructuring procedures. Debt-for-equity swaps were widely employed during the Latin American foreign debt restructuring process, but the Korean case is slightly different. Because the creditors of reorganizing corporations are mainly Korean domestic financial institutions rather than foreign creditors, this type of financial scheme is applied under local law. The following examines the legal aspects of debt-for-equity swaps, which have been promoted as a way to eliminate excessive insolvent loans and financial debts (and stood in the way of restructuring, via IMF bail-out funds). It also discusses how a debt-for-equity swap …


Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath Jun 2016

Keeping Secrets: The Case For A North American Trade Secret Agreement, Jonathan K. Heath

The Journal of Business, Entrepreneurship & the Law

In this paper, I attempt to give an overview of the statutory trade secret protections available in the United States, Canada, and Mexico, and suggest a solution to the problem of inadequate and confusing trade secret legislation: an international agreement between the NAFTA signatories criminalizing the theft of trade secrets.


Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim Jun 2016

Who's Preparing For The Pecuniary Downside Of The Merger? Economy: The Imperative In The Reunification Of North And South Korea, Paul Stewart Kim

The Journal of Business, Entrepreneurship & the Law

This Comment views the North and South Korea's reunification process in light of economic principles and policies. This Comment broadly summarizes the role/need of foreign investors in North Korea for the preparation of the reunification. First, this Comment briefly reviews the History of North and South Korea. Second, this Comment scrutinizes North Korea-its economic history, current economy, and predicted future. Third, this Comment will link economy and reunification, will explain why reunification is more than political, and will describe why the past­proposed plan on reunification economy and why it has not succeeded. Reunification has exceedingly difficult issues arising out of …


Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals Jan 2014

Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals

The Journal of Business, Entrepreneurship & the Law

This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …


Libor: Everything You Ever Wanted To Know But Were Afraid To Ask, Michael R. Koblenz, Kenneth M. Labbate, Carrie C. Turner Jan 2014

Libor: Everything You Ever Wanted To Know But Were Afraid To Ask, Michael R. Koblenz, Kenneth M. Labbate, Carrie C. Turner

The Journal of Business, Entrepreneurship & the Law

The goal of this article is to present the reader with a general overview of the LIBOR: its genesis and development, how and why London bankers manipulated the LIBOR, the liability of implicated parties, criminal penalties, the impact of criminal penalties on director and officer insurance carriers, and what the future holds for the LIBOR.


Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill Oct 2012

Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill

The Journal of Business, Entrepreneurship & the Law

The Energy Star Program has been extremely successful for consumer appliances and electronics, but can this success translate to commercial real estate? In the United States, commercial buildings account for nearly nineteen percent of energy-related carbon dioxide emissions. Consequently, energy rating of buildings has become an increasingly attractive way to combat pollution and lower energy consumption. Despite this, the United States does not yet have a federal policy requiring energy usage disclosure for buildings. This has left state and local governments to lead the way in innovative and effective reporting regimes. California's response to this regulatory vacuum is Assembly Bill …


Cook Islands Asset Protection Trust Law, David R. Mcnair Jan 2012

Cook Islands Asset Protection Trust Law, David R. Mcnair

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire Jan 2012

The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim Jan 2012

Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim

The Journal of Business, Entrepreneurship & the Law

No abstract provided.