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Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia 2018 Boston College Law School

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

Third-party funding of international investment arbitration is on the rise. Through TPF funders will cover the legal fees of investors filing claims under investment treaties in exchange for a portion of the arbitral award. Proponents of third-party funding claim that it provides access to justice for parties that normally would not have the funds to arbitrate against state actors. Given that the international investment law that governs these claims is unbalanced, and that funding only flows towards investor-claimants, and at the expense of states and their taxpayers, allowing third-party funding in investment arbitration risks creating unjustifiable wealth transfers from the ...


Reputational Economies Of Scale, Daniel M. Klerman 2018 USC Law School

Reputational Economies Of Scale, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...


Leak-Driven Law, Shu-Yi Oei, Diane M. Ring 2018 Boston College Law School

Leak-Driven Law, Shu-Yi Oei, Diane M. Ring

Boston College Law School Faculty Papers

Over the past decade, a number of well-publicized data leaks have revealed the secret offshore holdings of high-net-worth individuals and multinational taxpayers, leading to a sea change in cross-border tax enforcement. Spurred by leaked data, tax authorities have prosecuted offshore tax cheats, attempted to recoup lost revenues, enacted new laws, and signed international agreements that promote “sunshine” and exchange of financial information between countries.

The conventional wisdom is that data leaks enable tax authorities to detect and punish offshore tax evasion more effectively, and that leaks are therefore socially and economically beneficial. This Article argues, however, that the conventional wisdom ...


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

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 ...


Convergence And Divergence Between International Investments Law And Human Rights Law, In The Context Of The Greek Sovereign Debt Restructuring, Venetia Argyropoulou 2018 Pepperdine University

Convergence And Divergence Between International Investments Law And Human Rights Law, In The Context Of The Greek Sovereign Debt Restructuring, Venetia Argyropoulou

The Journal of Business, Entrepreneurship & the Law

International investment law developed separately from and was, for a long period, perceived as incompatible with human rights law. Despite the tendency to distinguish the evolution of these two fields of international law, however, they are not completely dissimilar. Inter alia, they both aim to safeguard investors’ rights to property, to promote respect for due process, and to address the undisputed position of power of the state against the individual. In situations of sovereign default, the asymmetry between the powers of the state and the rights of investors is even more clearly demonstrated, even within the European Union. Indeed, although ...


Board To Death: How Busy Directors Could Cause The Next Financial Crisis, Jeremy C. Kress 2018 University of Michigan

Board To Death: How Busy Directors Could Cause The Next Financial Crisis, Jeremy C. Kress

Boston College Law Review

In the aftermath of the Great Recession, shareholders and regulators expect financial institution boards of directors to play an active role in risk management. To date, however, shareholders, policymakers, and academics have ignored a critical shortcoming: the directors of the United States’ largest financial institutions are too busy to fulfill their governance responsibilities. Many financial institution directors hold full-time executive positions, and most serve on the board of at least one other company. Although these outside commitments provide important learning and networking opportunities, they also contribute to cognitive overload and limit the time that directors spend assessing strategy and risk ...


Bankruptcy's Exceptions To Discharge: When Does A Statement About A Single Asset Respect The Debtor's Financial Condition?, Roman Ibragimov 2018 Boston College Law School

Bankruptcy's Exceptions To Discharge: When Does A Statement About A Single Asset Respect The Debtor's Financial Condition?, Roman Ibragimov

Boston College Law Review

Section 523(a)(2)(A) of the Bankruptcy Code provides that a debt is nondischargeable if it is obtained by “false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s . . . financial condition.” In 2017, in In re Appling, the United States Court of Appeals for the Eleventh Circuit held that a false oral statement by a debtor to his creditor regarding a single asset constituted a statement respecting the debtor’s financial condition, allowing the debtor to discharge his liability to pay the debt. This ruling deepened a split among the courts as to ...


Conference Program, 2018 Maurice A. Deane School of Law at Hofstra University

Conference Program

Journal of International Business and Law Symposia

No abstract provided.


Rise Of The Machines: The Legal Implications For Investor Protection With The Rise Of Robo-Advisors, Bret E. Strzelczyk 2018 DePaul University College of Law

Rise Of The Machines: The Legal Implications For Investor Protection With The Rise Of Robo-Advisors, Bret E. Strzelczyk

DePaul Business and Commercial Law Journal

This note examines the complex state of financial innovation and preexisting investor protection regimes, mainly the Investment Advisers Act of 1940, which do not properly address the question of whether a robo-advisor platform serving as registered investment advisers satisfies the fiduciary standard elements laid out in the Act. This article examines the current regulation from the Department of Labor, the Financial Industry Regulatory Authority, and the Securities and Exchange Commission and addresses the inadequacies in each regulatory entity’s policy prescription. This article contends that robo-advisors can not act as a fiduciary for several reasons – primarily because these platforms do ...


Over- And Under-Funding: Crowdfunding Concerns Of The Parties Involved, Tanya M. Marcum J.D., Eden S. Blair PhD 2018 Bradley University

Over- And Under-Funding: Crowdfunding Concerns Of The Parties Involved, Tanya M. Marcum J.D., Eden S. Blair Phd

DePaul Business and Commercial Law Journal

Financial collaboration for new business ventures or the expansion of existing businesses utilizing the internet and social media is expanding. One area of growth is in the area of crowdfunding. Crowdfunding or crowdsourcing is known as collaborative funding using the internet to attract many investors to a new business venture.


The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent OOI 2018 Singapore Management University

The New Additional Conveyance Duties Regime In The Stamp Duties Act, Vincent Ooi

Research Collection School Of Law

The new additional conveyance duties regime has gone beyond attempting to achieve tax neutrality between direct transfers of residential property and indirect transfers through the use of property-holding entities. It taxes an entirely new tax base and raises issues such as: the extremely broad concept of an “associate” relationship; definition of “unit in a property trust”; anti-avoidance provisions; liability for providing false information; tax neutrality; and the considerable flexibility that the section 23 Order provides the Government. This article analyses the regime in detail and considers the implications of various changes to the prescribed values in the section 23 Order.


Front Matter, North Carolina Banking Institute 2018 University of North Carolina School of Law

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


Foreword, Roy G. Dixon III, Lissa L Broome 2018 University of North Carolina School of Law

Foreword, Roy G. Dixon Iii, Lissa L Broome

North Carolina Banking Institute

No abstract provided.


In Memoriam: Alfred Pershing (A.P.) Carlton, Jr., North Carolina Banking Institute 2018 University of North Carolina School of Law

In Memoriam: Alfred Pershing (A.P.) Carlton, Jr., North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


Contents, North Carolina Banking Institute 2018 University of North Carolina School of Law

Contents, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.


Counselor At Law And Post-Legal Issues, David G. Leitch 2018 University of North Carolina School of Law

Counselor At Law And Post-Legal Issues, David G. Leitch

North Carolina Banking Institute

No abstract provided.


Addressing The Fundamental Banking Policy Problem Of Runs: Effectively Subordinating Large Amounts Of Long-Term Debt To Short-Term Debt To End "Too-Big-To-Fail", John C. Dugan 2018 University of North Carolina School of Law

Addressing The Fundamental Banking Policy Problem Of Runs: Effectively Subordinating Large Amounts Of Long-Term Debt To Short-Term Debt To End "Too-Big-To-Fail", John C. Dugan

North Carolina Banking Institute

No abstract provided.


Toward A Coherent And Consistent Framework For Treatment Of Confidential Supervisory Information, Clifford S. Stanford 2018 University of North Carolina School of Law

Toward A Coherent And Consistent Framework For Treatment Of Confidential Supervisory Information, Clifford S. Stanford

North Carolina Banking Institute

No abstract provided.


The Evolution Of Redlining Post-Financial Crisis And Best Practices For Financial Institutions, Martha J. Svoboda 2018 University of North Carolina School of Law

The Evolution Of Redlining Post-Financial Crisis And Best Practices For Financial Institutions, Martha J. Svoboda

North Carolina Banking Institute

No abstract provided.


A Snake Eating Its Own Tail: The Self-Defeating Nature Of An Overly Broad Implementation Of Section 1071, Stephen Michael Spivey 2018 University of North Carolina School of Law

A Snake Eating Its Own Tail: The Self-Defeating Nature Of An Overly Broad Implementation Of Section 1071, Stephen Michael Spivey

North Carolina Banking Institute

No abstract provided.


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