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Articles 421 - 450 of 455

Full-Text Articles in Business

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg Jan 2002

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …


Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton Jan 2002

Venture Capital On The Downside: Preferred Stock And Corporate Control, William W. Bratton

All Faculty Scholarship

No abstract provided.


Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton Jan 2000

Delaware Law As Applied Public Choice Theory: Bill Cary And The Basic Course After Twenty-Five Years, William W. Bratton

All Faculty Scholarship

No abstract provided.


Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii Jan 2000

Understanding Lockups: Effects In Bankruptcy And The Market For Corporate Control, Kermit Roosevelt Iii

All Faculty Scholarship

The article investigates the effects of lockups, devices used to compensate unsuccessful bidders. Lockups are relevant in contexts in which sales have auction-like characteristics. Bankruptcy and the market for corporate control are two such situations, since the governing legal regimes prevent sales from being swiftly consummated and require sellers to take the most favorable offer that emerges during the waiting period. Existing scholarship has considered lockups in both areas. The analysis of lockups in the market for corporate control is fairly well developed. This article shows that it is importantly incomplete because it fails both to distinguish between ex ante …


Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll Jan 2000

Corporate Finance, Corporate Law And Finance Theory, Peter H. Huang, Michael S. Knoll

All Faculty Scholarship

No abstract provided.


Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton Jan 1999

Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton

Articles

Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "life-blood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as the UCP 500. However, in the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This paper examines ways in which the law …


The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch Jan 1999

The Scope Of Private Securities Litigation: In Search Of Liability Standards For Secondary Defendants, Jill E. Fisch

All Faculty Scholarship

Recent federal court decisions have struggled to apply the Supreme Court's decision in Central Bank v. First Interstate to determine when outside professionals should be held liable as primary violators under section IO(b) of the Securities Exchange Act. In keeping with the Court's current interpretive methodology, Central Bank and its progeny employ a textualist approach. In this Article, Professor Fisch argues that literal textualism is an inappropriate approach for interpreting the federal securities laws generally and misguided in light of legislative developments post-dating the Central Bank decision. Instead, Professor Fisch advocates an approach that weighs Congress 's recent endorsement of …


Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr. Jan 1999

Assignments Of International Interests In Mobile Equipment And Related Receivables Under The Unidroit Convention: When Should The Tail Wag The Dog?, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


The Market Revolution In Bank And Insurance Firm Governance: Its Logic And Limits, David A. Skeel Jr. Jan 1999

The Market Revolution In Bank And Insurance Firm Governance: Its Logic And Limits, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr. Jan 1999

The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr. Jan 1999

How Successful Was The Revision Of Ucc Article 9?: Reflections Of The Reporters, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec Jan 1998

Derivatives, Corporate Hedging, And Shareholder Wealth: Modigliani-Miller Forty Years Later, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.


Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr. Jan 1998

Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr. Jan 1998

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.

All Faculty Scholarship

In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …


Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Dec 1997

Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff

Ray D. Madoff

In this Article, Professor Madoff explores the ways in which the blunt tools of the wealth tax, and in particular the estate tax, uses a one-size-fits-all system to impose a tax on all property interests owned at the time of one’s death. Professor Madoff illustrates the ways in which these blunt tools can produce problematic results by examining their application to the right of publicity, a newly recognized property interest. Professor Madoff suggests that the imposition of the estate tax can force the commodification of an individual’s identity, regardless of one’s desire to refrain from marketing their identity, and explores …


Effect Of Regulation On Banking: California 1879-1929, Lynne Doti, Richard Runyon Jan 1996

Effect Of Regulation On Banking: California 1879-1929, Lynne Doti, Richard Runyon

Economics Faculty Articles and Research

California had a virtually unregulated banking environment until the first comprehensive banking regulations were passed in 1905. These regulations, and subsequent changes in 1909, required reserves and paid-up capital. Several tests of commonly accepted measures of safety, such as bank reserves, paid-up capital, bank failures, and real estate loans that resulted in foreclosure, are compared for selected years before and after the regulations. Results do not clearly demonstrate that regulation enhanced the safety of individual banks, but do support the conclusion that regulation enhanced the safety of the banking system as a whole.


A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr. Jan 1996

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock Jan 1996

America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock

All Faculty Scholarship

No abstract provided.


Foxes And Hen Houses?: Personal Trading By Mutual Fund Managers, Edward B. Rock Jan 1995

Foxes And Hen Houses?: Personal Trading By Mutual Fund Managers, Edward B. Rock

All Faculty Scholarship

No abstract provided.


A Contractual Approach To Data Privacy, Stephanos Bibas Jan 1994

A Contractual Approach To Data Privacy, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


Controlling The Dark Side Of Relational Investing, Edward B. Rock Jan 1994

Controlling The Dark Side Of Relational Investing, Edward B. Rock

All Faculty Scholarship

No abstract provided.


Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr. Apr 1993

Good Faith Transferees Of U.S. Treasury Securities And Other Weird Ideas: Making Federal Commercial Law, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr. Jan 1993

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …


Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr. Jul 1992

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Corporate Law Through An Antitrust Lens, Edward B. Rock Apr 1992

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.


A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner Jan 1992

A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner

All Faculty Scholarship

No abstract provided.


Preaching To Managers, Edward B. Rock Jan 1992

Preaching To Managers, Edward B. Rock

All Faculty Scholarship

No abstract provided.


Transfer, Pledge, Clearance And Settlement In The Japanese And United States Securities Markets, Charles W. Mooney Jr., Atsushi Kiyami Jan 1991

Transfer, Pledge, Clearance And Settlement In The Japanese And United States Securities Markets, Charles W. Mooney Jr., Atsushi Kiyami

All Faculty Scholarship

No abstract provided.


Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr. Jan 1990

Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.


Financial Failure In The Hospitality Industry, Edward M. Tavlin, Elisa S. Moncarz, Deb Dumont Jan 1989

Financial Failure In The Hospitality Industry, Edward M. Tavlin, Elisa S. Moncarz, Deb Dumont

Hospitality Review

The hospitality industry (especially the restaurant segment) has a historically high rate of financial failures. Yet, financial failure in the industry has not received the attention it deserves. In this article, the authors identify basic reasons underlying failed ideas while presenting a study of several hospitality chains that have experienced varying degrees of financial failure. The characteristics and pitfalls of these companies provide the necessary groundwork to explore major lessons to be learned which should aid hospitality management to aviod future business failures.