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Articles 31 - 47 of 47
Full-Text Articles in Business
Two Paths To Development: Policy Channeling And Listed State-Owned Enterprise Management In Peru And Colombia, Evan B. Shaver
Two Paths To Development: Policy Channeling And Listed State-Owned Enterprise Management In Peru And Colombia, Evan B. Shaver
University of Pennsylvania Journal of Business Law
No abstract provided.
Global Settlements: Promise And Peril, John C. Coffee Jr.
Global Settlements: Promise And Peril, John C. Coffee Jr.
University of Pennsylvania Journal of Business Law
No abstract provided.
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
University of Pennsylvania Journal of Business Law
No abstract provided.
Personal Liability Of Directors And Officers In Tort: Searching For Coherence And Accountability, Shannon Kathleen O'Byrne, Cindy A. Schipani
Personal Liability Of Directors And Officers In Tort: Searching For Coherence And Accountability, Shannon Kathleen O'Byrne, Cindy A. Schipani
University of Pennsylvania Journal of Business Law
No abstract provided.
Civil Penalties Against Public Companies In Sec Enforcement Actions: An Empirical Analysis, David Rosenfeld
Civil Penalties Against Public Companies In Sec Enforcement Actions: An Empirical Analysis, David Rosenfeld
University of Pennsylvania Journal of Business Law
No abstract provided.
Fighting Corruption In Latin America With Multilateral Development Assistance, Kevin J. Fandl
Fighting Corruption In Latin America With Multilateral Development Assistance, Kevin J. Fandl
University of Pennsylvania Journal of Business Law
No abstract provided.
Ineffective Vindication Of Antitrust Rights, Raul C. Loureiro
Ineffective Vindication Of Antitrust Rights, Raul C. Loureiro
University of Pennsylvania Journal of Business Law
No abstract provided.
Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo
Comparative Warranty Law: Case Of Planned Obsolescence, Stefan Wrbka, Larry A. Dimatteo
University of Pennsylvania Journal of Business Law
No abstract provided.
Proactive Resolution Of Sovereign And Subnational Debt, Steven L. Schwarcz
Proactive Resolution Of Sovereign And Subnational Debt, Steven L. Schwarcz
University of Pennsylvania Journal of Business Law
No abstract provided.
Rule 10b-5 And Business Combination Transactions, Robert T. Miller
Rule 10b-5 And Business Combination Transactions, Robert T. Miller
University of Pennsylvania Journal of Business Law
No abstract provided.
Back To The Future Of Cyber Insurance, Tom Baker
Back To The Future Of Cyber Insurance, Tom Baker
All Faculty Scholarship
Written for an insurance trade publication, this brief essay identifies five ways that insurers manage uncertainty in selling cyber insurance: (1) providing valuable services beyond risk transfer; (2) contract design, (3) rapid iteration of pricing and forms, (4) limits management and reinsurance, and (5) claims disputing. Cyber insurers provide easy-to-price loss prevention and mitigation services so that the value proposition includes more than the (difficult to price) risk transfer. Cyber insurers design their contracts to include narrowly defined categories of coverage, typically with separate limits and with claims-made coverage for liability risks, and traditional insurers design their contracts to limit …
The New Titans Of Wall Street: A Theoretical Framework For Passive Investors, Jill E. Fisch, Asaf Hamdani, Steven Davidoff Solomon
The New Titans Of Wall Street: A Theoretical Framework For Passive Investors, Jill E. Fisch, Asaf Hamdani, Steven Davidoff Solomon
All Faculty Scholarship
Passive investors — ETFs and index funds — are the most important development in modern day capital markets, dictating trillions of dollars in capital flows and increasingly owning much of corporate America. Neither the business model of passive funds, nor the way that they engage with their portfolio companies, however, is well understood, and misperceptions of both have led some commentators to call for passive investors to be subject to increased regulation and even disenfranchisement. Specifically, this literature takes a narrow view both of the market in which passive investors compete to manage customer funds and of passive investors’ participation …
Tech, Regulatory Arbitrage, And Limits, Elizabeth Pollman
Tech, Regulatory Arbitrage, And Limits, Elizabeth Pollman
All Faculty Scholarship
Regulatory arbitrage refers to structuring activity to take advantage of gaps or differences in regulations or laws. Examples include Facebook modifying its terms and conditions to reduce the exposure of its user data to strict European privacy laws, and Uber and other platform companies organizing their affairs to categorize workers as non-employees. This essay explores the constraints and limits on regulatory arbitrage through the lens of the technology industry, known for its adaptiveness and access to strategic resources. Specifically, the essay explores social license and the bundling of laws and resources as constraining forces on regulatory arbitrage, and the legal …
Chapter: “Health Law And Ethics”, Allison K. Hoffman, I. Glenn Cohen, William M. Sage
Chapter: “Health Law And Ethics”, Allison K. Hoffman, I. Glenn Cohen, William M. Sage
All Faculty Scholarship
Law and ethics are both essential attributes of a high-functioning health care system and powerful explainers of why the existing system is so difficult to improve. U.S. health law is not seamless; rather, it derives from multiple sources and is based on various theories that may be in tension with one another. There are state laws and federal laws, laws setting standards and laws providing funding, laws reinforcing professional prerogatives, laws furthering social goals, and laws promoting market competition. Complying with law is important, but health professionals also should understand that the legal and ethical constraints under which health systems …
Corporate Disobedience, Elizabeth Pollman
Corporate Disobedience, Elizabeth Pollman
All Faculty Scholarship
Corporate law has long taken a dim view of corporate lawbreaking. Corporations can be chartered only for lawful activity. Contemporary case law characterizes intentional violations of law as a breach of the fiduciary duties of good faith and loyalty. While recognizing that rule breaking raises significant social and moral concerns, this Article suggests that corporate law and academic debate have overlooked important aspects of corporate disobedience. This Article provides an overview of corporate disobedience and illuminates the role that it has played in entrepreneurship and legal change. Corporations violate laws for a variety of reasons, including as part of efforts …
Behavioral Finance, Decumulation, And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert
Behavioral Finance, Decumulation, And The Regulatory Strategy For Robo-Advice, Tom Baker, Benedict Dellaert
All Faculty Scholarship
This working paper surveys the decumulation services offered by investment robo-advisors as a case study with which to examine regulatory and market structure issues raised by automated financial advice. We provide a short introduction to decumulation, describing some of the uncertainties involved in identifying optimal decumulation strategies and sketching a few of the ‘rules of thumb’ that financial advisors have developed in this area in the face of this uncertainty. Next we describe behavioral effects that could inhibit consumers from following an optimal decumulation strategy, concluding that, left to their own devices, consumers are likely to make sub-optimal decumulation decisions. …