Re-Envisioning Investors’ Anti-Director Rights Index: Theory, Criticism, And Implications, Sang Yop Kang
Sang Yop Kang
‘Law and Finance’ theory – which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance – has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in relation to shareholder protection, however, have been highly neglected in these debates. In particular, the significance of one-share-one-vote (OSOV) rule has been inappropriately underestimated. In response, this Article explores (1) why OSOV is an utmost critical component in corporate governance ...
A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy A. Partain
Roy A Partain
Methane hydrates are a critical new energy alternative. Their commercial extraction would offer substantial green energy alternatives but would also potentially create novel environmental and civil hazards. This article is potentially one of the first major comparative treatments on the existing governance for offshore methane hydrates, or the lack of such governance, and the contrast of those existing mechanisms with theoretically optimal governance of those risks. The article the laws and legal conventions of the United Nations, the European Union, and of the United States. It also provides an examination of a set of international conventions on maritime protection and ...
Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy
Berkeley Journal of Middle Eastern & Islamic Law
No abstract provided.
Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill
Berkeley Journal of Middle Eastern & Islamic Law
No abstract provided.
The Costs Budget, 2014 Notre Dame Law School
The Costs Budget, Jay Tidmarsh
Because of fears that litigation is too costly, reduction of litigation expenses has been the touchstone of procedural reform for the past thirty years. In certain circumstances, however, the parties have incentives—both rational and irrational—to spend more on a lawsuit than the social benefits that the case provides. Present and proposed reform efforts do not adequately address these incentives, and in some instances exacerbate the parties’ incentives to overspend. The best way to ensure that the cost of a lawsuit does not exceed the benefits that it provides to the parties and society is to control spending directly ...
The Implications Of U.S. Antitrust Models For Asian Countries: Lessons From Korean Practice, Chang-Su Choe Mr.
Chang-Su Choe Mr.
This Article addresses the U.S. antitrust models to find out a viable benchmark model for comparative analysis and the viable model’s limitations on Korean and Asian competition analysis. It discusses how competition analysis based on relevant economic theories may be affected by the manner, place, and time of Asian specific market conditions, practices, and cultures, examining analytical challenges within the confines of economic science. It argues that the conventional U.S. antitrust thoughts should be adjusted to properly appreciate the operating modes of Korean and Asian competition law and practice to the extent that the three systems of ...
Salvaging The U.N. Collective Security System And The Global Counter-Terrorism Strategy On The Kadi Ii Aftermath Through The Modified Solange Ii Approach, Vittorio De' Medici-Rodrigues
Vittorio de' Medici-Rodrigues
Kadi II stands for the CJEU’s desideratum to protect human rights. A more nuanced reading of the case also reveals a silent agenda—to prevent a Solange I-type rebellion. Whilst the aforesaid objectives are laudable, this article criticizes the means adopted by the CJEU in pursuance of these aims. It contends that the normal review mandated by the CJEU in Kadi II jeopardizes the global counter-terrorism strategy and, more fundamentally, threatens the effectiveness of the U.N. collective security system. It then provides an alternative—one that better balances the protection of human rights and the EU’s ...
Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin
Abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests on the fact that the Supreme Court has no power to interpret the Constitution. The formal body with interpretive power, the Standing Committee of the National People’s Congress, has never issued an official interpretation. Despite this apparent lack of enforcement, we argue that China’s Constitution indeed plays an increasingly important role within the party-state. It does through not through the courts but through the legislative process, in which formal ...
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, 2014 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...
More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr
University of Southern California Legal Studies Working Paper Series
In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision making, but adding women ...
Bringing Down An Uprising: Egypt's Stillborn Revolution, 2014 SelectedWorks
Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar Aziz
Sahar F Aziz
On January 25, 2011, the world watched in awe as millions of Egyptians poured into the streets demanding bread, freedom, and social justice. All of which they had been denied for three decades under Mubarak’s deeply embedded authoritarian regime. That Egyptians had persevered economic and political indignities for so long without mass protest made the events of January 25 all the more striking. Once it became clear that Egypt’s despised security forces could not quash the masses, thousands of news articles, blogs, and tweets declared that Egyptians were finally revolting. After sixty years of authoritarianism led by retired ...
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, 2014 Pace University
Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett
Pace Environmental Law Review
Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal ...
Origins And Development Of Teaching Animal Law In Brazil, 2014 Pace University
Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva
Pace Environmental Law Review
This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.
Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores ...
The Law And Economics Of Microfinance, 2014 SelectedWorks
The Law And Economics Of Microfinance, Katherine Helen Mary Hunt
Katherine Helen Mary Hunt
Financial inclusion may be jargon which appeals to international donors and academics, but the strategic implementation in developing countries is often based on international du jour priorities, such as microfinance. The topic of microfinance is highly debated in the academic literature, although little empirical work has been published. Further, no literature to date has considered microfinance from a law and economics perspective. This paper seeks to contribute to the gap in the literature by considering how microfinance has evolved to address the credit market failure, and how microfinance regulation should be designed to promote long term financial inclusion via financially ...
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, 2014 SelectedWorks
On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle
This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the political balancing ...
Bank Resolution In The European Banking Union: A Transatlantic Perspective On What It Would Take, Jeffrey N. Gordon
Jeffrey N Gordon
The project of creating a European Banking Union is designed to overcome the fatal link between sovereigns and their banks in the Eurozone. As part of this project, political agreement for a common supervision framework and a common resolution scheme has been reached with difficulty. However, the resolution framework is weak, underfunded and exhibits some serious flaws. Further, Member States’ disagreements appear to rule out a federalized deposit insurance scheme, commonly regarded as the necessary third pillar of a successful Banking Union.
This paper argues for an organizational and capital structure substitute for these two shortcomings that can minimize the ...
Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal
Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.
Essential Facilities Doctrine And China’S Anti-Monopoly Law, 2014 SelectedWorks
Essential Facilities Doctrine And China’S Anti-Monopoly Law, Yong Huang, Elizabeth Xiao-Ru Wang, Xin Roger Zhang
Elizabeth Xiao-Ru Wang
No abstract provided.
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
Ryan T. Williams
Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other ...
Criminal Liability Of Public Officials For Illicit Enrichment: Comparing Methods Of Proof In Illicit Enrichment Investigations In Indonesia And The U.S., Laras -. Susanti
Laras - Susanti
In recent years, the international community has come to recognize the power of investigating illicit enrichment for uncovering corrupt offenses. The Inter-American Convention Against Corruption (IACAC) and the United Nation Convention Against Corruption (UNCAC) are two international conventions that address the issue of illicit enrichment. Indonesia, as a signatory of the UNCAC, does not criminalize illicit enrichment as the UNCAC recommends, but it does require public officials to submit financial disclosures, which may be used by the Indonesian Corruption Eradication Commission (KPK) to strengthen the evidence in corruption prosecutions. This system has not worked, however, because there is no criminal ...