Corporate Culture And Erm, 2013 University of Maryland Francis King Carey School of Law
Corporate Culture And Erm, Michelle M. Harner
Faculty Scholarship
The attitudes and actions of those viewed as leaders within a company (commonly referred to as “tone at the top”) help to define corporate culture and are critical to implementing a successful enterprise risk management (ERM) program. This paper explores the challenges and benefits of creating a risk-aware corporate culture, including the potential legal implications for boards of directors.
Mers Remains Afloat In A Sea Of Foreclosures, 2013 Elisabeth Haub School of Law at Pace University
Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
Despite the simple premise of the MERS System, opponents--or those simply trying to invalidate or forestall enforcement of their mortgages--have leveled various challenges to MERS's practices and even its basic business model. Taking an aerial view of the challenges, it is possible to discern a certain pattern as one challenge seemed to morph into the next (often following rejection of the earlier one in the courts). Some borrowers have asserted that MERS lacked legal standing to foreclose because it was a mere nominee and not the owner of the note. Even if MERS's legal standing was upheld, borrowers pointed to …
The Uneasy Case For Deferring Banker Pay, 2013 William & Mary Law School
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
Faculty Publications
No abstract provided.
Bankruptcy And Economic Recovery, 2013 University of Rochester
Bankruptcy And Economic Recovery, Thomas H. Jackson, David A. Skeel Jr.
All Faculty Scholarship
To measure economic growth or recovery, one traditionally looks to metrics such as the unemployment rate and the growth in GDP. And in terms of figuring out institutional policies that will stimulate economic growth, the focus most often is on policies that encourage investment, entrepreneurial enterprises, and reward risk-taking with appropriate returns. Bankruptcy academics that we are, we tend to add our own area of expertise to this stable— with the firm belief that thinking critically about bankruptcy policy is an important element of any set of institutions designed to speed economic recovery. In this paper, written for a book …
Cross-Border Tax Administrative Assistance: “For The Times They Are A-Changin’”, 2013 University of Geneva
Cross-Border Tax Administrative Assistance: “For The Times They Are A-Changin’”, Christian Bovet, Fabien Liegeois
Dr. Fabien LIEGEOIS
An Exploratory Study Of Investment Compliance Management In The Enron Collapse, 2013 Thomas Jefferson School of Law
An Exploratory Study Of Investment Compliance Management In The Enron Collapse, Valencia Tamir Johnson Dr.
Valencia T Johnson
This paper is to critique a thesis titled An Exploratory Study of Investment Compliance Management in the Enron Collapse (2013). This thesis can be found on the IBLS database, and on the Thomas Jefferson School of Law record database. This paper mentions the Enron scandal that played a major role in shaking investors’ and stakeholders’ confidence, in part because the corporation’s administrators were able to conceal its losses for nearly five years. This thesis examines the history of Enron and describes the circumstances leading up to its collapse in 2001, paying particular attention to the violation of corporate governance laws …
Vogtländische Straβen-,Tief- Und Rohrleitungsbau Gmbh Rodewisch (Vstr) V. Finanzamt Plauen – Vat Triangulation V. Drop Shipments, 2013 Boston University School of Law
Vogtländische Straβen-,Tief- Und Rohrleitungsbau Gmbh Rodewisch (Vstr) V. Finanzamt Plauen – Vat Triangulation V. Drop Shipments, Richard Thompson Ainsworth
Faculty Scholarship
In ECJ Case 587/10 (Vogtländische Straβen-,Tief- und Rohrleitungsbau GmbH Rodewisch (VSTR) v. Finanzamt Plauen) an American firm, Atlantic International Trading Company (AIT) is a middleman in an otherwise all-European VAT triangulation. AIT appears to have approached its compliance obligations as if it was a middleman in an American drop shipment.
However, drop shipments are treated very differently from VAT triangulations.
Commercially these transactions are very similar. They are composed of two back-to-back sales, A/B followed by B/C, with a single delivery from A directly to C. This article compares the tax treatment of drop shipments under the RST with triangulation …
Leveling The International Playing Field With The Marketplace Fairness Act, 2013 Boston University School of Law
Leveling The International Playing Field With The Marketplace Fairness Act, Richard Thompson Ainsworth, Boryana Madzharova
Faculty Scholarship
Quill v. North Dakota unbalanced the American retail market with its preference for out-of-state over in-state sellers. The preference under Quill is that sellers without physical presence in a state cannot be compelled to collect the sales tax. If the buyer does not voluntarily remit the complementary use tax, the purchase is effectively tax-free. As a result, Quill is seen as facilitating tax avoidance and driving business to sellers who have no in-state nexus, notably e-businesses. Revenue losses are estimated in excess of $10 billion per year.
The reach of the Quill decision is international. Preferred sellers can reside just …
Ucc Update: 2013 Case Law Updates And Examples Of How A Bank May Be Able To Reduce Exposure On Potential Future Losses, 2013 Hirsch & Westheimer, P.C.
Ucc Update: 2013 Case Law Updates And Examples Of How A Bank May Be Able To Reduce Exposure On Potential Future Losses, William P. Huttenbach
William P. Huttenbach
No abstract provided.
Show Me The Note!, 2013 Brooklyn Law School
Show Me The Note!, William K. Akina, David J. Reiss, Bradley T. Borden
David J Reiss
News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as "show me the note." This defense seeks to forestall or prevent foreclosure by requiring the foreclosing party to produce the mortgage and the associated promissory note as proof of its right to initiate foreclosure.
The defense arose in two recent state supreme-court cases and is also being raised in lower courts throughout the country. It is not only important to individuals facing foreclosure but also for the mortgage industry and investors in mortgage-backed securities. In the aggregate, the body of law that develops as …
Show Me The Note!, 2013 Brooklyn Law School
Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
Mancato Pagamento Di Rate Di Mutuo E Segnalazione Legittima In Centrale Rischi, 2013 SelectedWorks
Mancato Pagamento Di Rate Di Mutuo E Segnalazione Legittima In Centrale Rischi, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
La Cassazione Sull'equiparazione Delle Polizze Unit Linked A Strumenti Finanziari, 2013 SelectedWorks
La Cassazione Sull'equiparazione Delle Polizze Unit Linked A Strumenti Finanziari, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, 2013 University of Washington School of Law
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui
Washington International Law Journal
The Supreme Court of Japan, despite its well-known passive and conservative stance towards constitutional adjudication, occasionally shows quite a creative and liberal attitude. Recently, the Supreme Court of Japan has shown this attitude in its development of pro-consumer jurisprudence involving consumer loan cases. This development is still more noteworthy because the Supreme Court of Japan ignored the legislature’s intent to overturn its previous judgments and practically wiped out a statutory provision enacted by the legislature. As a result of this development, millions of consumers could demand refunds from consumer loan companies, and consumer loan companies went into serious financial troubles, …
Government Policy And Moral Hazard In The 2007-2009 Financial Crisis, 2013 Union College - Schenectady, NY
Government Policy And Moral Hazard In The 2007-2009 Financial Crisis, Ariana Abrams
Honors Theses
The US government has invested over $3 trillion in financial assistance programs and bailouts for ailing companies affected by the 2007-2009 financial crisis. This paper analyzes the different government policy efforts in response to the collapse of the U.S. financial sector and whether these efforts increased the risk of moral hazard for small, medium, and large banks. Moral hazard occurs when a company has an incentive to take greater risks than it otherwise would, because the company gains all the benefits from excessive risk-taking, but does not bear all of the losses. I measure moral hazard through the debt-to-equity ratio, …
A Primer On Clearing Otc Derivatives: A Buyside Blueprint For Implementation, 2013 Widener University Commonwealth Law School
A Primer On Clearing Otc Derivatives: A Buyside Blueprint For Implementation, Christian Johnson, Laura Dicioccio
Christian A. Johnson
Go West: How The Irs Should Foster Innovation In Its Agents, 2013 Selected Works
Go West: How The Irs Should Foster Innovation In Its Agents, T. Keith Fogg
T. Keith Fogg
No abstract provided.
Demanda De Institucionales Por Emisiones De Medianas Empresas, 2013 IE Law School
Demanda De Institucionales Por Emisiones De Medianas Empresas, John Pineda Galarza
John Pineda Galarza
En abril de 2013 se concretó la primera emisión de papeles comerciales en el ámbito del Mercado Alternativo de Valores (MAV) la cual fue un éxito pues se logró una demanda de 3 a 1, sin embargo los inversionistas institucionales brillaron por su ausencia. En el presente artículo, se analizan los principales desincentivos que tienen inversionistas institucionales como las AFP para invertir en instrumentos emitidos por medianas empresas, planteando en ese sentido algunos temas pendientes en relación con el MAV.
Personal Letter From A Reader, 2013 Personal
Personal Letter From A Reader, Symphony Music
Symphony Music
Reader's response highlighting the emotional costs of the bank's mortgage servicing behavior.
Full Disclosure Of Consumer Savings Information , 2013 Pepperdine University
Full Disclosure Of Consumer Savings Information , Vance Hartke
Pepperdine Law Review
No abstract provided.