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Articles 1 - 3 of 3
Full-Text Articles in Law
There And Back Again, A Smuggler’S Tale: Hawala And Money Laundering In The Greater Philadelphia Area, David Marshall Block
There And Back Again, A Smuggler’S Tale: Hawala And Money Laundering In The Greater Philadelphia Area, David Marshall Block
Prize Winning Papers
This paper seeks to explain the extralegal contractual relations governing Hawala and other related informal financial transfer systems (IFTS). Hawala, and other IFTF’s, have faced a regulatory onslaught in the aftermath of the terrorist attacks of September 11, as well as competitive pressures from traditional money transfer systems. Despite these competitive pressures, IFTS’s still occupy a major market position in the money transfer market place, in particular amongst Asian and African immigrant communities in the Western world. Two recent academic papers have theorized what governs the extralegal contractual relations of Hawala, but no literature has been developed based on a …
A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.
A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.
All Faculty Scholarship
The paper addresses two discrete but related and essential attributes of a sovereign debt restructuring mechanism (SDRM). It first considers the merits and feasibility of an SDRM that would provide a procedure for proposing and adopting a restructuring plan for a sovereign debtor’s debt which would not involve any tribunal or administrator (a No-Tribunal SDRM). The No-Tribunal SDRM would undertake the restructuring as if the sovereign debtor and its creditors were subject to the Model CAC regime. In addition to embodying a novel and interesting structure for an SDRM—and one that eliminates the difficult hurdle of identifying a satisfactory tribunal—adoption …
Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.
Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.
All Faculty Scholarship
This paper articulates a framework both for assessing the various government bailouts that took place at the onset of Great Recession and for guiding future rescue efforts when they become necessary. The goals for those engineering a bailout should be to be as transparent as possible, to articulate clearly the reason for the intervention, to respect existing priorities among investors, to exercise control only at the top level where such efforts can be seen by the public, and to exit as soon as possible. By these metrics, some of the recent bailouts should be applauded, while others fell short. We …