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Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz 2016 Duke Law School

Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz

Faculty Scholarship

Government agencies and prosecutors are being criticized for seeking so few indictments against individuals in the wake of the 2008-09 financial crisis and its resulting banking failures. This article analyzes why — contrary to a longstanding historical trend — personal liability may be on the decline, and whether agencies and prosecutors should be doing more. The analysis confronts fundamental policy questions concerning changing corporate and social norms. The public and the media perceive the crisis’s harm as a “wrong” caused by excessive risk-taking. But that view can be too simplistic, ignoring the reality that firms must take greater risks to try ...


Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, Mystica M. Alexander, John O. Hayward, David Missirian 2015 Bentley University

Asadi: Renegade Or Precursor Of Who Is A Whistleblower Under The Dodd-Frank Act?, Mystica M. Alexander, John O. Hayward, David Missirian

Pace Law Review

Whistleblowers have a long and honorable history. From Ralph Nader blowing the whistle on the hazards of GM’s Corvair in Unsafe at Any Speed1 in the 1960’s to Jeffrey Wigand in 1996 exposing the duplicity of the tobacco industry, whistleblowers have put conscience ahead of career and personal success to expose corporate fraud and wrongdoing. Not surprisingly, they have had to endure ridicule and ostracism as well as financial hardship. Legislation has sought to protect them from retribution, often with mixed success. The most recent legislative effort is the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank ...


An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez 2015 Universidad Pontificia de Comillas

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


How "Bad Law, Bad Economics And Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner 2015 University of Akron

How "Bad Law, Bad Economics And Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner

Akron Law Review

No abstract provided.


Tax Inertia: A General Framework With Specific Application To Business Tax Reform, Chris William Sanchirico 2015 University of Pennsylvania Law School & Wharton School

Tax Inertia: A General Framework With Specific Application To Business Tax Reform, Chris William Sanchirico

Faculty Scholarship

A surprising degree of bipartisan consensus has lately formed in the United States around two propositions of business tax reform: that something should be done about the “lockout” of US multinationals’ foreign earnings; and that the corporate income tax rate should be reduced. This paper questions whether these two propositions are really consistent. In the process of attempting to provide an answer, it develops a framework for relating and measuring various forms of “tax inertia”: tax-based disincentives to alter investments. Applying this framework, the paper concludes that the current agreement on business tax reform is substantially in disagreement with itself.


Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon McGovern 2015 The Catholic University of America, Columbus School of Law

Aereo, In-Line Linking, And A New Approach To Copyright Infringement For Emerging Technologies, Shannon Mcgovern

Catholic University Law Review

In an ever-changing technological landscape, strictly adhering to the language and definitions of the Copyright Act in cases involving emerging technologies may contravene the purpose and intent of copyright law. However, the Supreme Court’s 2014 opinion in American Broadcasting Cos. v. Aereo Inc. puts forth a commercial interest rationale that suggests copyright infringers may no longer be able to avoid liability based on perceived technological loopholes that have typically absolved online infringers of infringement liability. This Note argues that Aereo’s commercial interest rationale paves the way for a new approach to technologically complex copyright cases, particularly where in-line ...


Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin 2015 University of Dayton

Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin

Patrick Martin

In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date ...


Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont 2015 Tulane University of Louisiana

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.


“One Country Two Systems” As Bedrock Of Hong Kong’S Continued Success: Fiction Or Reality?, Horace Yeung, Flora Huang 2015 University of Leicester

“One Country Two Systems” As Bedrock Of Hong Kong’S Continued Success: Fiction Or Reality?, Horace Yeung, Flora Huang

Boston College International and Comparative Law Review

Despite the handover of sovereignty over Hong Kong from the United Kingdom to China in 1997, the principles of “one country two systems” reaffirmed the autonomy of Hong Kong in a number of respects. In accordance with the Sino-British Joint Declaration and Basic Law of Hong Kong, the city is able to enjoy a high degree of autonomy over the systems and policies practiced locally, including social and economic systems, as well as the executive, legislative and judicial systems. Additionally, with its image as a robust financial market largely thanks to the institutions inherited from its colonial era, Hong Kong ...


Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja 2015 Pepperdine University

Navigating The Doj Fcpa Opinion Procedure: Certainty For Businesses Facing Increased, Indeterminate Anti-Bribery Enforcement, Fahad A. Juneja

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Proposed Amendments To Delaware’S Appraisal Statute Do Not Go Far Enough, William James Burton 2015 Widener University - Delaware Campus

Proposed Amendments To Delaware’S Appraisal Statute Do Not Go Far Enough, William James Burton

William James Burton

Recently, Delaware courts have experienced rising numbers of appraisal suites. This is the result of numerous favorable judicial opinions and the state of the current economy making statutory interest a favorable investment strategy for plaintiffs. Practitioners have coined the term appraisal arbitrage to denote this rise in appraisal suites which has been led by institutional investors. Many of these practitioners point to significant problems that have developed causing an industry wide inquiry of the Delaware’s current appraisal statute. In addition, defending the rise of appraisal litigation and, in particular, the accrual of statutory interest, defendants have raised notable theories ...


Evidence-Based Stakeholder Engagement: The Promise Of Randomized Control Trials For Business And Human Rights, Patrick J. Keenan 2015 University of Illinois College of Law

Evidence-Based Stakeholder Engagement: The Promise Of Randomized Control Trials For Business And Human Rights, Patrick J. Keenan

Indiana Journal of Law and Social Equality

When a large-scale development project comes to a poor country, that project typically comes with a stakeholder engagement plan, which structures the relationship between those affected by the new project and the proponents of the project. The plan sorts those affected by the project into categories, distributes economic benefits differentially based on those categories, allocates other benefits which can increase or decrease the social power of those affected, defines the ways that people harmed by the project may seek redress for their injuries, and might even modify existing governance structures. In the past decade, through the efforts of large institutional ...


The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee 2015 SelectedWorks

The Moral Undercurrent Beneath The Regulatory Regime Of Investor Protection, Huhnkie Lee

Huhnkie Lee

No abstract provided.


No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack 2015 Pepperdine University

No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack

The Journal of Business, Entrepreneurship & the Law

Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among the circuits. It then argues for a limited exception to the FLSA inspired by the “small business exception” to the Affordable Care Act.


Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier 2015 Pepperdine University

Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier

The Journal of Business, Entrepreneurship & the Law

Boilermakers Local 154 Retirement Fund v. Chevron Corp. represents a new and important chapter in the relationship between the forum selection clause and modern business relations. A forum selection clause is “[a] contractual provision in which the parties establish the place (such as the country, state, or type of court) for specified litigation between them.” Forum selection clauses have most often been analyzed by courts within contractual relationships between businesses, or a business and its customers. The Boilermakers case sets important precedent for forum selection in an equally fundamental business relationship--the corporation and its stockholders. This article will survey the ...


Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips 2015 Pepperdine University

Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips

The Journal of Business, Entrepreneurship & the Law

As the legal industry continues to recover from the shock of the recent recession, it finds itself in a fundamentally different place than it was ten years ago, with even more tumultuous change on the horizon. Economic pressure coupled with continued technological innovation has increased attorney unemployment levels, shifted law firm business models, and changed the expectations of legal clientele. Yet, despite this radically shifting market place, legal education has remained fundamentally unchanged. This article examines the current state of the legal industry through an entrepreneurial lens and juxtaposes it with the current state of legal education. In doing so ...


Governing The Corporate Insiders: Improving Regulation Fair Disclosure With More Robust Guidance And Stronger Penalties For Individual Executives, Christopher Ippoliti 2015 Pepperdine University

Governing The Corporate Insiders: Improving Regulation Fair Disclosure With More Robust Guidance And Stronger Penalties For Individual Executives, Christopher Ippoliti

The Journal of Business, Entrepreneurship & the Law

This article discusses the history of Regulation Fair Disclosure (Regulation FD), the problems it was intended to remedy, the scope of the regulation, and acceptable methods of disclosing material information in compliance with the rule. Part III examines specific further guidance and two investigative reports issued by the United States Securities and Exchange Commission (SEC) impacting Regulation FD disclosures. In Part IV, this article sets forth a comprehensive analysis of all the specific enforcement actions pursued by the SEC and the penalties assessed against publicly traded companies and individuals for Regulation FD violations. Part V evaluates the effectiveness of the ...


Can Peltz Score?: What’S Behind The May 13 Dupont Vs. Trian Contest, Lawrence A. Hamermesh 2015 Widener Law

Can Peltz Score?: What’S Behind The May 13 Dupont Vs. Trian Contest, Lawrence A. Hamermesh

Lawrence A. Hamermesh

No abstract provided.


Private Equity And The Fcpa: Deal-Making As Reform Mechanism, Thomas J. Manning 2015 Pepperdine University

Private Equity And The Fcpa: Deal-Making As Reform Mechanism, Thomas J. Manning

Pepperdine Law Review

No abstract provided.


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