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Articles 1 - 4 of 4
Full-Text Articles in Law
The Ties That Bind? Regionalism, Commercial Treaties, And The Future Of Global Economic Integration, Chris Brummer
The Ties That Bind? Regionalism, Commercial Treaties, And The Future Of Global Economic Integration, Chris Brummer
Vanderbilt Law Review
A revolutionary shift in international cooperation is underway. Many governments, frustrated with dissension hampering multilateral trade reform at the World Trade Organization ("WTO"), are now turning to bilateral and regional treaties to forward their commercial interests.1 Under these agreements, which rocketed from fewer than 390 in 1989 to more than 2,400 today,2 states have relinquished key aspects of their economic sovereignty to participate in two-party pacts and regional trade clubs like the North American Free Trade Agreement ("NAFTA") and the European Union ("EU"). As a result of such cooperation, most countries no longer may levy tariffs easily, subsidize their domestic …
The Legal And Social Implications Of Insolvent Cross-Border Real Estate Developers, Edward T. Canuel
The Legal And Social Implications Of Insolvent Cross-Border Real Estate Developers, Edward T. Canuel
Vanderbilt Journal of Transnational Law
This article analyzes the phenomena associated with cyclical real estate markets, discussing the theoretical and market influences which motivate developers during this cycle. Fluctuating commercial real estate markets necessitate a focus on market upswings and downswings, and consideration of the roles and motivations of a wide array of actors, ranging from industry analysts and developers to lenders. Legal considerations, particularly during real estate downturns, or busts, include a variety of issues, particularly if the commercial real estate developers in question conducted business internationally. This Article details the theoretical and economic conditions found during real estate market cycles, with special emphasis …
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Iraq, Secured Transactions, And The Promise Of Islamic Law, Mark J. Sundahl
Vanderbilt Journal of Transnational Law
When Iraq regains political stability, major reconstruction projects will have to be funded and local businesses will need financing in order to gain a foothold in the new economy. In order to attract the necessary capital, the Iraqi law of secured transactions must be reformed to allow for lenders to take security in the assets of their borrowers. However, the challenge of reforming Iraqi commercial law is complicated by the requirement under the new Iraqi Constitution that any new statutes enacted by the Iraqi legislature comply with the principles of Islamic law. This Article sets forth proposals for reform that …
Rationalizing The Taxation Of Reorganizations And Other Corporate Acquisitions, Herwig J. Schlunk
Rationalizing The Taxation Of Reorganizations And Other Corporate Acquisitions, Herwig J. Schlunk
Vanderbilt Law School Faculty Publications
This article examines the taxation of human shareholders in the case of mergers and acquisitions. Currently, the relevant law is extraordinarily complex, utterly inconsistent, and in many instances arguably unfair. There are really only two plausible ways to cure these ills. The first would involve moving to a tax system with more fulsome gain recognition, most likely in the form of mark-to-market taxation. This option is not in my opinion feasible (either technically or what is perhaps more important, politically). Accordingly, the second potential cure, moving to a tax system with less gain recognition, merits attention. In this article, I …