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Articles 1 - 30 of 75
Full-Text Articles in Law
El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente
El Pacto Comisorio De La Ley De Garantias Mobiliarias Vs. El Pacto Marciano Del Real Decreto 5-2005, John Pineda Galarza, José Jareño Torrente
John Pineda Galarza
El pacto comisorio se encuentra prohibido en España, no obstante se promulgó el Real Decreto 5/005, el cual recoge al pacto marciano como una excepción a la prohibición del pacto comisorio. En ese contexto, se hizo un análisis económico comparativo sobre la aceptación del pacto comisorio en el sistema peruano y en su modalidad marciana española.
Park's Cases On Mortgages, Robert C. Brown
Mortgage Foreclosure, By Charles Hastings Wiltsie, Robert C. Brown
Mortgage Foreclosure, By Charles Hastings Wiltsie, Robert C. Brown
Dr Robert Brown
No abstract provided.
The Legal Relationship Between The Bank And Its Safe Deposit Customer, Richard A. Lord
The Legal Relationship Between The Bank And Its Safe Deposit Customer, Richard A. Lord
Richard A. Lord
Today in the United States, virtually every commercial bank makes safe deposit services available for a small fee, either through a department of the bank or through a subsidiary or affiliated safe deposit company. Never before has the demand for safe deposit services been so great. More than ever before, Americans are turning to safe deposit companies and bank safe deposit vaults for the storage of their assets. This increased demand has caused increased concern among legislators and bankers about whether to regulate further the day-to-day affairs of the safe deposit business. Increased use of safe deposit vaults and boxes …
The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis
The Omnibus Clause Of U.C.C. Section 4-303(1)(D): A Holder's Sword Or A Payor's Shield?, Charles C. Lewis
Charles C. Lewis
In the years after the promulgation of the 1952 official text, particularly as the New York Law Revision Commission studied it, and as more and more states either studied the Code for enactment or actually enacted it during the late 1950's and early 1960's, law professors, practicing attorneys and bank attorneys commented on each provision of it. Section 4-303(1)(d) and its omnibus clause did not escape this scrutiny. Many of the commentators, however, did no more than describe the purpose of section 4-303's priority rules, point out that section 4-213(1)(c), a remarkably similar section in the Code, did not contain …
Hedge Funds & Poison Pills: Can Typical Hedge Fund Activism Really Be Considered A Reasonable Threat Under Unocal?, Vincent V. Hilldrup
Hedge Funds & Poison Pills: Can Typical Hedge Fund Activism Really Be Considered A Reasonable Threat Under Unocal?, Vincent V. Hilldrup
Vincent V. Hilldrup
At a time when hedge fund returns have been stagnating and failing to meet expectations in the period from 2004-2007, they have also attracted significant amounts of capital as investors have eagerly sought to secure above market returns.1 Pressured to perform in the wake of the 2008 financial crisis, hedge funds have turned to shareholder activism as a means of maximizing profits and increasing their returns on investment, seeking to influence corporate policy and, if necessary, hold underperforming managers accountable. With significant amounts of funds available at their disposal, they have the means to pressure management and directly influence corporate …
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Interdictos En Contra De Contruccion De Ductos De Distribucion De Gas Natural., Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
Se analiza la más reciente jurisprudencia de la SCJN, referente a los interdictos en contra de construcción de ductos para la distribución de gas natural.
State Takeover Laws: A Rebirth Of Corporationlaw?, David K. Millon
State Takeover Laws: A Rebirth Of Corporationlaw?, David K. Millon
David K. Millon
No abstract provided.
China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan
China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan
Han-Wei Liu
Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if General Agreement …
51 % Fdi In Multi Brand Retail: After The Inevitable, Maurya Vijay Chandra
51 % Fdi In Multi Brand Retail: After The Inevitable, Maurya Vijay Chandra
Maurya Vijay Chandra
The government has finally shown its resoluteness. The Indian market is now open for the investment in multi brand retail. The immediate reactions of various stakeholders are along expected lines. The left is afraid of the farmers being armtwisted in the long run; the industry is happy; the government basking in the glory of having overcome its "policy paralysis" and the political opponents have reasons to celebrate as they have unique "opt-in" leverage.
The G20 And Sustainable Imf Reform, Daniel D. Bradlow
The G20 And Sustainable Imf Reform, Daniel D. Bradlow
Daniel D. Bradlow
This article explores the problems with the current arrangements for international financial governance and the prospects for the IMF being sufficiently reformed to play an effective role in future arrangements for international financial governance. It proposes that the G20 initiate a multi-step process of reform.
Toward A Legal Theory Of Finance, Katharina Pistor
Toward A Legal Theory Of Finance, Katharina Pistor
Katharina Pistor
This paper develops the building blocks for a legal theory of finance. LTF holds that financial markets are legally constructed and as such occupy an essentially hybrid place between state and market, public and private. At the same time, financial markets exhibit dynamics that frequently put them in direct tension with commitments enshrined in law or contracts. This is the case especially in times of financial crises when the full enforcement of legal commitments would result in the self-destruction of the financial system. This law-finance paradox tends to be resolved by suspending the full force of law where the survival …
Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman
Narrowing The Accountability Gap: Toward A New Foreign Investor Accountability Mechanism, David Hunter, Natalie L. Bridgeman
David B. Hunter
An ever-increasing number of standards, guidelines, principles, norms, and best practices have been adopted to address the environmental and social impacts of multinational enterprises (MNEs). This increase in standards and norms corresponds to a rise in MNE sensitivity to the environmental and social impacts that their activities have on local communities in developing countries. These standards and norms are considered voluntary by definition because they are typically not state-sponsored or the product of public regulation. They fill a normative gap located between the state-centered focus of international law and the often inadequate or unenforced standards of the developing country hosts …
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter
David B. Hunter
No abstract provided.
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Transparencia Y Anticorrupción, Primera Llamada De Peña, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music
Mortgage Securitization 666: The Crime That Took Place - Jpmorgan Chase And Its Wamu Customers, Symphony Music
Symphony Music
This description of the crime that Chase participates in as it proceeds with its foreclosure activities is necessary because the banking industry is misleading the judicial system about important financial aspects of today’s home loan mortgages. This is an initial attempt to describe the crime, including references to La Cosa Nostra and the crime families.
Towards A New Transition Economics, Katharina Pistor
Towards A New Transition Economics, Katharina Pistor
Katharina Pistor
In these brief comments I take issue with the thesis expressed in Konstantin Sonin’s conference review that economic transition is a thing of the past. To the contrary, I argue that it has only just begun and so has the process of rethinking the economic theories and models that have framed the subfield of transition economics. Specifically, I point out that the many surprises economists have encountered when confronted with the actual results of the transition process reveal deeper flaws in the analytical framework that informs their analyses and policy prescriptions. If protecting theories and models is of first order …
Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois
Accords D’Imposition À La Source «Rubik»: Une Double Alternative, Fabien Liegeois
Dr. Fabien LIEGEOIS
Analyse de la systématique du Modèle suisse d'accords bilatéraux en matière d'imposition à la source (All;R-U; Aut).
Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock
Sarbanes-Oxley Five Years Later: Hero Or Villain., Charles W. Murdock
Charles W. Murdock
No abstract provided.
Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock
Why Not Tell The Truth: Deceptive Practices And The Financial Meltdown., Charles W. Murdock
Charles W. Murdock
No abstract provided.
Depoliticizing Financial Regulation, Steven A. Ramirez
Depoliticizing Financial Regulation, Steven A. Ramirez
Steven A. Ramirez
No abstract provided.
In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen
In Re Sigma Finance Corporation (In Administrative Receivership) And In Re The Insolvency Act 1986 [2009] Uksc 2 (29 Oct 09): Commentary, Chao-Hung Christopher Chen
Christopher Chao-hung CHEN
The case of Sigma Finance Corp was about the priority of payment under a Security Trust Deed for a structured investment vehicle (SIV). In essence, the key issue in the case was about whether debts due within the ‘realisation period’ after the occurrence of an ‘enforcement event’ should be paid ahead of other shortterm creditors.
El Derecho Al Trato Justo, A La Equidad Y A La Educación Financiera De Los Consumidores, Jose R. Nina Cuentas
El Derecho Al Trato Justo, A La Equidad Y A La Educación Financiera De Los Consumidores, Jose R. Nina Cuentas
Jose R. Nina Cuentas
Tema de Protección del Usuario Financiero en la Contratación de Créditos de Consumo.
The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century
The Consumer Financial Protection Bureau: Financial Regulation For The 21st Century
Patricia A. McCoy
After existing regulatory systems failed to prevent the recent financial crisis, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, a sweeping reform designed to alleviate the crisis and prevent its recurrence. Out of this Act, the Consumer Financial Protection Bureau was born. This new agency is charged with making markets for consumer financial products and services work for Americans, a task that was previously spread out among seven different federal agencies with varying priorities. This Article describes, with a series of concrete case studies, four key principles that have guided the Bureau as it strives to fulfill …
Vetores Da Jurisprudência Na Interpretação Dos Contratos Bancários No Brasil, Bruno Meyerhof Salama
Vetores Da Jurisprudência Na Interpretação Dos Contratos Bancários No Brasil, Bruno Meyerhof Salama
Bruno Meyerhof Salama
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power
Garrett Power
In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …
Defining Our Terms Carefully And In Context: Thoughts On Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein
Defining Our Terms Carefully And In Context: Thoughts On Reading (And In One Case, Rereading) Three Books, Cynthia C. Lichtenstein
Cynthia C. Lichtenstein
In preparing to write this paper, I read again Walter Bagehot’s Lombard Street: A Description of the Money Market , Perry Mehrling’s The New Lombard Street: How the Fed Became the Dealer of Last Resort and John Authers’ The Fearful Rise of Markets: Global Bubbles, Synchronized Meltdowns, and How to Prevent Them in the Future. . Bagehot, of course, was the Governor of the Bank of England when he wrote what Mehrling calls his “magisterial” treatise in 1873 on how a central bank must react to a financial crisis. Mehrling is an economist and an economic historian. Authers is a …
A New Role For The International Monetary Fund In A New World Economic Order, Cynthia C. Lichtenstein
A New Role For The International Monetary Fund In A New World Economic Order, Cynthia C. Lichtenstein
Cynthia C. Lichtenstein
The IMF must change to deal with its new functions in a changed world of interconnected global financial markets. The piece first describes the Fund's mandated process of internal reform as of the time the paper was given (2007). It then summarizes the recommendations of Mervyn Kind, Governor of the Bank of England (in a talk he gave in India) as to how the Fund should change its oversight of the functioning of the international monetary system.
Slideshow: Bank Monopoly Power In The Usa, Symphony Music
Slideshow: Bank Monopoly Power In The Usa, Symphony Music
Symphony Music
Slideshow about US bank monopoly power. A distilled history of banking evolution to what it is today and the shift away from the Public Trust. Includes the bank's tactical response strategy.