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2017

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Articles 91 - 118 of 118

Full-Text Articles in Business

Political Corruption: Afflicting America And Affairs Abroad, Matthew Diller, Giselle Sedano, Sean J. Griffith, Susan Rose-Ackerman, Zachary S. Brez, Michael J. Cohn, Timothy J. Treanor Jan 2017

Political Corruption: Afflicting America And Affairs Abroad, Matthew Diller, Giselle Sedano, Sean J. Griffith, Susan Rose-Ackerman, Zachary S. Brez, Michael J. Cohn, Timothy J. Treanor

Fordham Journal of Corporate & Financial Law

No abstract provided.


Regulatory Arbitrage And Hedge Fund Regulation: The Need For A Transnational Response, Hossein Nabilou Jan 2017

Regulatory Arbitrage And Hedge Fund Regulation: The Need For A Transnational Response, Hossein Nabilou

Fordham Journal of Corporate & Financial Law

Regulatory arbitrage is an indispensable element of regulatory competition as it provides regulatory substitutes for firms, and allows those firms to optimally benefit from such competition. This also increases the elasticity of demand for regulators and engenders accountability among them. Hedge funds, as paragons of exploiting regulatory discrepancies, are heavily criticized for thwarting efforts to address systemic risk. This Article investigates the arbitrage-seeking behavior of hedge funds in a globally-fragmented financial regulatory framework.

Despite its benefits, regulatory arbitrage involves certain costs. Although market discipline can constrain these negative externalities, due to certain idiosyncratic features of the hedge fund industry, such …


Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, Dirk A. Zetzsche, Ross P. Buckley, Janos N. Barberis, Douglas W. Arner Jan 2017

Regulating A Revolution: From Regulatory Sandboxes To Smart Regulation, Dirk A. Zetzsche, Ross P. Buckley, Janos N. Barberis, Douglas W. Arner

Fordham Journal of Corporate & Financial Law

Prior to the global financial crisis, financial innovation was viewed very positively, resulting in a laissez-faire, deregulatory approach to financial regulation. Since the crisis the regulatory pendulum has swung to the other extreme. Post-crisis regulation, plus rapid technological change, have spurred the development of financial technology (FinTech). FinTech firms and data-driven financial service providers profoundly challenge the current regulatory paradigm. Financial regulators increasingly seek to balance the traditional regulatory objectives of financial stability and consumer protection with promoting growth and innovation. The resulting regulatory innovations include RegTech, regulatory sandboxes, and special charters. This Article analyzes possible new regulatory approaches, ranging …


Quasi-Appraisal: Appraising Breach Of Duty Of Disclosure Claims Following "Cash-Out" Mergers In Delaware, Zachary A. Paiva Jan 2017

Quasi-Appraisal: Appraising Breach Of Duty Of Disclosure Claims Following "Cash-Out" Mergers In Delaware, Zachary A. Paiva

Fordham Journal of Corporate & Financial Law

In recent years, Delaware has served as the hot bed for the dramatic increase in merger appraisal litigation and the proliferation of “appraisal arbitrage” whereby opportunistic shareholders buy into companies following merger announcements and challenge announced deal prices as an investment strategy. While this has not always proved profitable, it has increased scrutiny over the Delaware appraisal regime and the ability for shareholders to avail themselves of the opportunity for a judicial valuation of their shares. Furthermore, it has highlighted information asymmetries in which controlling shareholders, particularly those seeking to cash out their minority shareholders, are incentivized to underpay or …


Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan Jan 2017

Some Reflections On The Question Of ‘Finality’ In Irish Industrial Relations Disputes, Brian Sheehan

Irish Business Journal

Trade unions in the private sector and the commercial semi-states have rejected voluntarist Labour Court recommendations in the industrial relations arena in a significant number of high-profile cases in recent times. Conversely, in parts of the public sector, there has been a move towards the adoption of binding dispute resolution systems. Brian Sheehan suggests that respect for the state’s dispute resolution agencies and need for expertise and experience in dispute management is as great as ever.


Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian Jan 2017

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …


Expanding Alternatives: From Structured Notes To Structured Funds, Michael C. Macchiarola, Daniel Prezioso Jan 2017

Expanding Alternatives: From Structured Notes To Structured Funds, Michael C. Macchiarola, Daniel Prezioso

University of Pennsylvania Journal of Business Law

No abstract provided.


The Sec’S Neglected Weapon: A Proposed Amendment To Section 17(A)(3) And The Application Of Negligent Insider Trading, Marc I. Steinberg, Abel Ramirez Jr. Jan 2017

The Sec’S Neglected Weapon: A Proposed Amendment To Section 17(A)(3) And The Application Of Negligent Insider Trading, Marc I. Steinberg, Abel Ramirez Jr.

University of Pennsylvania Journal of Business Law

No abstract provided.


Turning Corporate Compliance Into Competitive Advantage, Robert C. Bird, Stephen Kim Park Jan 2017

Turning Corporate Compliance Into Competitive Advantage, Robert C. Bird, Stephen Kim Park

University of Pennsylvania Journal of Business Law

No abstract provided.


The Virtuous Corporation: On Corporate Social Motivation And Law, Shlomit Azgad-Tromer Jan 2017

The Virtuous Corporation: On Corporate Social Motivation And Law, Shlomit Azgad-Tromer

University of Pennsylvania Journal of Business Law

No abstract provided.


Monetize Vs. Incentivize: Contracting For Health Care Innovation, Julie Manning Magid Jan 2017

Monetize Vs. Incentivize: Contracting For Health Care Innovation, Julie Manning Magid

University of Pennsylvania Journal of Business Law

No abstract provided.


Income Inequality And Pay Ratio Disclosure: A Moral Critique Of Section 953(B), Jim Staihar Jan 2017

Income Inequality And Pay Ratio Disclosure: A Moral Critique Of Section 953(B), Jim Staihar

University of Pennsylvania Journal of Business Law

No abstract provided.


Statutes And Rules Of Law As Implied Contract Terms: The Divergent Approaches And A Proposed Solution, Steven W. Feldman Jan 2017

Statutes And Rules Of Law As Implied Contract Terms: The Divergent Approaches And A Proposed Solution, Steven W. Feldman

University of Pennsylvania Journal of Business Law

No abstract provided.


Property And The True-Sale Doctrine, Heather Hughes Jan 2017

Property And The True-Sale Doctrine, Heather Hughes

University of Pennsylvania Journal of Business Law

No abstract provided.


Who Needs Chevron? Pfizer, The Anti-Inversion Regulations, And The Anti-Injunction Act, Matthew A. Melone Jan 2017

Who Needs Chevron? Pfizer, The Anti-Inversion Regulations, And The Anti-Injunction Act, Matthew A. Melone

University of Pennsylvania Journal of Business Law

No abstract provided.


The Impact Of Employment Law And Practices On Business And Society: The Significance Of Worker Voice, Cindy A. Schipani, Frances J. Milliken, Terry Morehead Dworkin Jan 2017

The Impact Of Employment Law And Practices On Business And Society: The Significance Of Worker Voice, Cindy A. Schipani, Frances J. Milliken, Terry Morehead Dworkin

University of Pennsylvania Journal of Business Law

No abstract provided.


The Flint, Michigan Water Crisis: Concurrent Private-Public Funds As The Most Effective Legal Tool To Compensate Victims, Samantha Weiss Jan 2017

The Flint, Michigan Water Crisis: Concurrent Private-Public Funds As The Most Effective Legal Tool To Compensate Victims, Samantha Weiss

University of Pennsylvania Journal of Business Law

No abstract provided.


Masthead Jan 2017

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.


Announcing The Death Of Colgate: The Form And Substance Of Vertical Price Fixing Agreements, Thomas K. Cheng Jan 2017

Announcing The Death Of Colgate: The Form And Substance Of Vertical Price Fixing Agreements, Thomas K. Cheng

University of Pennsylvania Journal of Business Law

No abstract provided.


Taxation Without Information: The Institutional Foundations Of Modern Tax Collection, Wei Cui Jan 2017

Taxation Without Information: The Institutional Foundations Of Modern Tax Collection, Wei Cui

University of Pennsylvania Journal of Business Law

No abstract provided.


Suppressed Anger, Retaliation Doctrine, And Workplace Culture, Leora Eisenstadt, Deanna Geddes Jan 2017

Suppressed Anger, Retaliation Doctrine, And Workplace Culture, Leora Eisenstadt, Deanna Geddes

University of Pennsylvania Journal of Business Law

No abstract provided.


Our Country, Right Or Wrong: The Ftc Act’S Influence On National Silos In Antitrust Enforcement, Steven S. Nam Jan 2017

Our Country, Right Or Wrong: The Ftc Act’S Influence On National Silos In Antitrust Enforcement, Steven S. Nam

University of Pennsylvania Journal of Business Law

No abstract provided.


The Pension Benefit Guaranty Corporation’S Valuation Regulation In Bankruptcy: Entitled To Chevron Deference Or Arbitrary And Capricious?, James L. Bromley, Matthew M. Karlan, Esther Lifshitz Jan 2017

The Pension Benefit Guaranty Corporation’S Valuation Regulation In Bankruptcy: Entitled To Chevron Deference Or Arbitrary And Capricious?, James L. Bromley, Matthew M. Karlan, Esther Lifshitz

University of Pennsylvania Journal of Business Law

No abstract provided.


Thanks For The Memories: Compensating Franchisee Goodwill After Franchise Termination, Robert W. Emerson Jan 2017

Thanks For The Memories: Compensating Franchisee Goodwill After Franchise Termination, Robert W. Emerson

University of Pennsylvania Journal of Business Law

No abstract provided.


Arbitration Of Just Cause Claims Benefits Employees With Disabilities, Stacy A. Hickox Jan 2017

Arbitration Of Just Cause Claims Benefits Employees With Disabilities, Stacy A. Hickox

University of Pennsylvania Journal of Business Law

No abstract provided.


A Very Special Regulatory Milestone, William S. Laufer Jan 2017

A Very Special Regulatory Milestone, William S. Laufer

University of Pennsylvania Journal of Business Law

No abstract provided.


When Does Sex Diversity On Boards Benefit Firms?, Darren Rosenblum Jan 2017

When Does Sex Diversity On Boards Benefit Firms?, Darren Rosenblum

University of Pennsylvania Journal of Business Law

No abstract provided.


Money For Nothing: The Treatment Of Bitcoin In Section 550 Recovery Actions, Mary E. Maginnis Jan 2017

Money For Nothing: The Treatment Of Bitcoin In Section 550 Recovery Actions, Mary E. Maginnis

University of Pennsylvania Journal of Business Law

No abstract provided.