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Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock 2014 University of Georgia School of Law

Bcs Europa: An Analysis Of The Bowl Championship Series Under The European Commission White Paper On Sport, Deanna Brock

Georgia Journal of International & Comparative Law

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey 2014 Seattle University School of Law

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon ...


Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson 2014 SelectedWorks

Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson

Jonathan C. Lipson

This paper uses “institutional analysis”—the study of the relative capacities of markets, courts, and regulators—to make three claims about financial crises.

First, financial crises are increasingly a problem of “regulatory displacement.” Through the ad hoc rescues of 2008 and the Dodd-Frank reforms of 2010, regulators displace market and judicial processes that ordinarily prevent financial distress from becoming financial crises. Because regulators are vulnerable to capture by large financial services firms, however, they cannot address the pathologies that create crises: market concentration and complexity. Indeed, regulators may inadvertently aggravate these conditions through resolution tactics that consolidate firms, and the ...


More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr 2014 BLR

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 ...


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2014 BLR

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal 2014 SelectedWorks

Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal

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.


Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman 2014 SelectedWorks

Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Since 1978, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond.

The NACD has grown from a mere realization of the importance of corporate governance to become the only national membership organization created by and for corporate directors ...


Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon 2014 BLR

Symposium: Criminal Law At The Crossroads: Turn To Accuracy, Dan Simon

University of Southern California Legal Studies Working Paper Series

Given the pressing societal need to punish criminal behavior and the solemn nature of depriving people of their liberty and even life, one would expect that the accuracy of these fateful determinations would be the paramount goal of the criminal justice process. This article critically examines the system’s low prioritization of the accuracy of the verdicts it produces, and focuses on four key factors that hinder the attainment of accuracy: problems with the reliability of the evidence produced by police investigations, the opacity of criminal investigations, the intensity of the adversarial process, and the muddled understanding of the system ...


Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy 2014 University of Georgia School of Law

Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy

Georgia Journal of International & Comparative Law

No abstract provided.


Standard Project Alliance Agreements, Chris Slocombe 2014 Bond University

Standard Project Alliance Agreements, Chris Slocombe

Public Infrastructure Bulletin

Alliancing, as a project delivery model, has come a

long way since its beginnings in the North Sea oil &

gas industry, and its subsequent uptake in Australia in

the mid 1990s. Now, almost 20 years after the Wandoo

Alliance, Australia’s first alliance project, alliancing has

created for itself a place in the project delivery model

armoury of most procurers of significant works, both

public and (to a lesser extent) private. Between 2004

and 2009, the total value of alliance projects in the road,

rail and water sectors in New South Wales, Victoria,

Queensland and Western Australia was $32 billion ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Sharing Public Safety Helicopters, Henry H. Perritt Jr. 2014 Chicago-Kent College of Law

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


The Effect Of Forced Refocusing On The Value Of Diversified Firms, John G. Matsusaka, Yongxiang Wong 2014 BLR

The Effect Of Forced Refocusing On The Value Of Diversified Firms, John G. Matsusaka, Yongxiang Wong

University of Southern California Legal Studies Working Paper Series

This paper studies how investors responded when Chinese regulators required a group of large, publicly traded companies to divest their non-core hotel and real estate assets in 2010. The quasi-experiment allows direct estimates of the effect of diversification on value that are free from common selection problems in the literature. On average, stock prices rose 1 to 2 percent in response to forced refocusing, suggesting that corporate diversification was a value-destroying strategy for those firms. The implied “excess value/diversification discount” has at best a weak connection to the announcement return. The abnormal return was most positive for companies in ...


Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova 2014 SelectedWorks

Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova

Zdravka Tzankova

Growing in presence and visibility, eco-labels and other forms of green certification are the more obvious signs of a broader social and policy phenomenon: the rise of private regulation and nonstate, market-based governance of environmental and resource practices. The growth of private regulatory initiatives, especially initiatives led by NGOs and other civil society actors, is increasingly accompanied by concerns over their potential to detract from public, government regulation.

This paper seeks to generate insights on the nature and consequences of interaction between more traditional forms of public, government regulation and the growing realm of market-based regulation by nonstate actors. It ...


Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt 2014 Boston College Law School

Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt

Boston College Law Review

Tax-exempt hospitals receive millions of dollars worth of tax breaks each year for the purpose of providing care to their communities. Despite these tax breaks, however, there is little evidence to suggest that such breaks significantly benefit the hospitals’ communities. When a hospital no longer meets the federal standard for tax exemption, the Internal Revenue Service currently has two enforcement options: (1) do nothing; or (2) move to revoke the hospital’s tax-exempt status. Revocation, however, is a harsh option that is not appropriate for every circumstance where a hospital fails to meet one or more of the requirements for ...


State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman 2014 Seattle University School of Law

State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman

Seattle University Law Review

The activities of state-related pools of capital need to be understood within the context of an era of globalization, in which economic and political ties between many jurisdictions are deepening, A variety of modes of governance are emerging that have a capacity for impacts of broad international scope. The rising influence of more proactive state-led capitalism is one of the shaping variables in how the global economy has been changing swiftly in recent decades, and the effects of the Global Financial Crisis have arguably accelerated these structural shifts. This Article identifies three discrete phenomena in the state capital arena. First ...


What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola 2014 Seattle University School of Law

What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola

Seattle University Law Review

What is a corporation? An easy, but not very informative, answer is that it is a legal person. More substantive answers suggest it is a moral person, a person/thing, a production team, a nexus of private agreements, a city, a semi-sovereign, or a (secular) God. Despite the economic, political, and social importance of the corporate form, we do not have a generally accepted legal theory of what a corporation is, apart from the law’s questionable assertion that it is a “person.” In this Article, the author places the idea, and law, of the corporation in a comparative context ...


"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, NIcholas Calcina Howson 2014 Seattle University School of Law

"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas Calcina Howson

Seattle University Law Review

From the start of the People’s Republic of China’s (PRC) “corporatization” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the China Securities Regulatory Commission (CSRC). Indeed, the Chinese corporate law system has been cannibalized by all-encompassing securities regulation directed at corporate governance, at least for companies with listed stock. This Article traces the path of that sustained intervention and makes a case—wholly contrary to the “quack corporate governance” critique much aired in the United States—that for ...


The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke 2014 Seattle University School of Law

The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke

Seattle University Law Review

The evolution of corporate governance in Japan towards international standards continues, though at a gradual pace that often concerns outsiders. The substance of Japanese corporate governance is often questioned due to a lack of understanding of the unique elements of the Japanese institutional system. Japanese companies are under a sustained assault from overseas investors to introduce a greater number of independent directors on boards, improve accountability, and enhance transparency. The majority of Japanese companies have taken what they regard as significant steps in this direction of accountability. In Japan, however, there is a different conception of the role of the ...


The Third Way, Kent Greenfield 2014 Seattle University School of Law

The Third Way, Kent Greenfield

Seattle University Law Review

Shareholder supremacists argue that corporate management should be constrained by additional shareholder power to nominate directors, approve executive pay, or receive financial disclosures. Meanwhile, managerial and directorial apologists suggest that the way forward is to protect managerial prerogative. But, there is a third way: Managerial obligation could be increased without the obligation running solely to the holders of equity. This Article situates the current moment of intellectual churning in corporate law in a larger historical narrative and explains why we find ourselves in this moment. This Article then suggests what a third way might require in terms of conceptualization, process ...


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