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SelectedWorks

Selected Works

2010

Articles 31 - 47 of 47

Full-Text Articles in Law

Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar Jan 2010

Señal Que Ya Es Un Clásico: Su Actualidad. Road To Serfdom Amazon Nº1, 2010, Mario Šilar

Mario Šilar

No abstract provided.

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Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar Jan 2010

Sobre Las Causas Morales De La Crisis Económico-Financiera, Mario Šilar

Mario Šilar

No abstract provided.

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Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar Jan 2010

Enriqueciendo Con Saber Económico La Vida Diaria. Entrevista A Peter J. Boettke, Mario Šilar

Mario Šilar

No abstract provided.

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Investing In The United States: Is The Us Ready For Fdi From China? Jan 2010

Investing In The United States: Is The Us Ready For Fdi From China?

Karl P. Sauvant

This volume analyzes the regulatory and operational challenges that foreign direct investors face in the United States, as well as the ways in which these challenges can be overcome. Firms from emerging markets, particularly China, are increasingly investing in the US – the world’s most important and sophisticated national market. This book addresses why investors need to be familiar with the issues they are facing. The topics explored include the national and international regulatory framework governing FDI in the US which has changed considerably in light of recent laws and regulations; how to navigate the various groups that influence policies …

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The Rise Of Indian Multinationals: Perspectives On Indian Outward Foreign Direct Investment Jan 2010

The Rise Of Indian Multinationals: Perspectives On Indian Outward Foreign Direct Investment

Karl P. Sauvant

Karl P. Sauvant and Jaya Prakash Pradhan, with Ayesha Chatterjee and Brian Harley, eds., The Rise of Indian Multinationals: Perspectives on Indian Outward Foreign Direct Investment (New York: Palgrave Macmillan, 2010).

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Is The United States Ready For Fdi From China? Overview, Karl P. Sauvant Jan 2010

Is The United States Ready For Fdi From China? Overview, Karl P. Sauvant

Karl P. Sauvant

The United States has one of the most open investment frameworks in the world. However, developing an appropriate regulatory and political strategy is particularly important for Chinese MNEs entering the US through M&As as opposed to greenfield investments. As these MNEs navigate the US political landscape and face the liability of foreignness, they are also offered protection through a state-to-state dispute settlement mechanism and applicable international investment agreements (IIAs). Through a thorough understanding of the US’s regulatory framework, compliance training, integration in communities through linkages, working with local partners who understand US regulations, and attention to CSR, China’s firm can …

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Foreign Direct Investment From Emerging Markets: The Challenges Ahead Jan 2010

Foreign Direct Investment From Emerging Markets: The Challenges Ahead

Karl P. Sauvant

Foreign direct investment from emerging markets is an increasingly important phenomenon; firms from developed countries alone no longer undertake this activity. This volume provides the latest scholarship on this subject from eminent contributors from around the world. This volume demonstrates the importance of rigorous analysis to understand the dilemmas, the controversies, the disputes, and the policy issues that need to be considered in connection with this new phenomenon. In the wake of the financial crisis, it is more critical than ever for those involved in FDI research and policy to understand these issues.

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New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, Cristie L. Ford Jan 2010

New Governance In The Teeth Of Human Frailty: Lessons From Financial Regulation, Cristie L. Ford

Cristie L. Ford

New Governance scholarship has made important theoretical and practical contributions to a broad range of regulatory arenas, including securities and financial markets regulation. In the wake of the global financial crisis, question about the scope of possibilities for this scholarship are more pressing than ever. Is new governance a full-blown alternative to existing legal structures, or is it a useful complement? Are there essential preconditions to making it work, or can a new governance strategy improve any decision making structure? If there are essential preconditions, what are they? Is new governance “modular” – that is, does it still confer benefits …

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Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie L. Ford Jan 2010

Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie L. Ford

Cristie L. Ford

This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the …

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The Unintended Consequences Of Low H-1b Visa Caps: Brain Blocking, Brain Diversion, And Racial Discrimination Against Asian Technology Professionals, Jeffrey L. Gower Jan 2010

The Unintended Consequences Of Low H-1b Visa Caps: Brain Blocking, Brain Diversion, And Racial Discrimination Against Asian Technology Professionals, Jeffrey L. Gower

Jeffrey L Gower

American business interests face increasing difficulties as they attempt to compete against global technology-based industries. As the U.S. educational system produces interests face increasing difficulties as they attempt to compete fewer technology workers, many firms look to foreign countries such as India, China, or other Asian countries that have an abundance of skilled professionals. The U.S. Congress created the H-1B visa program in 1990 for educated skilled foreign workers, and manipulated the yearly cap on several occasions. Limits were as high as 195,000 as recently as 2003, but were reduced to 65,000 by 2009. The result of placing a low …

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The Unconstitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Deth Sao, Amar Gupta Jan 2010

The Unconstitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Deth Sao, Amar Gupta

Deth Sao

The current health care crisis in the United States compels a consideration of the crucial role that telemedicine could play towards deploying a pragmatic solution. The nation faces rising costs and difficulties in access to and quality of medical services. Telemedicine can potentially help to overcome these challenges, as it can provide new cost-effective and efficient methods of delivering health care across geographic distances. The full benefits and future potential of telemedicine, however, are constrained by overlapping and often inconsistent and inadequate regulatory frameworks, as well as the repertoire of standards imposed by state governments and professional organizations. Proponents of …

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Green Building Contracts: Considering The Roles Of Consequential Damages & Limitation Of Liability Provisions, Darren Prum, Stephen Del Percio Jan 2010

Green Building Contracts: Considering The Roles Of Consequential Damages & Limitation Of Liability Provisions, Darren Prum, Stephen Del Percio

Darren A. Prum

The green building market continues to grow, but so do the corresponding legal risks which are only now being explored by scholars and practitioners. Lurking in the shadows behind any green building risk management strategy is how consequential damages - damages which may flow from a party's breach of a design, construction, or consulting contract - should be allocated among project stakeholders. This allocation is particularly critical on green building projects, whose unique and novel nature can create an increased potential for consequential damages. For example, green building tax credits, premium rents, and even energy savings might fall within the …

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What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael Jan 2010

What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

If a patient must pay a bribe to obtain life-saving surgery, does the doctor’s solicitation of a bribe represent a violation of the victim’s human rights? This paper explores the ways in which anti-corruption practitioners can look to various provisions in human rights law in order to prevent or prosecute corruption-related offences. We use Kosovo as a case study because its constitution gives direct effect to the major international human rights conventions. We find -- using Kosovo as a case study -- that some types of corruption lead to separately prosecutable human rights offences. We also find that pre-existing violations …

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What Do We Know About Corruption (And Anti-Corruption) In Customs?, Bryane Michael, Nigel Moore Jan 2010

What Do We Know About Corruption (And Anti-Corruption) In Customs?, Bryane Michael, Nigel Moore

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

What are the lessons from anti-corruption programmes in Customs agencies over the last 20 years? The data suggest that many of the usual activities -- like codes of conduct and posters do not work. Internal inspectorates, and particularly internal audit, has a large effect on reducing corruption. A review of the literature and best practice presented.

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Do Customs Trade Facilitation Programmes Help Reduce Customs-Related Corruption?, Bryane Michael, Frank Ferguson, Alisher Karimov Jan 2010

Do Customs Trade Facilitation Programmes Help Reduce Customs-Related Corruption?, Bryane Michael, Frank Ferguson, Alisher Karimov

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Customs-related corruption costs World Customs Organisation (WCO) members at least $2 billion in customs revenue each year. Using recent data only about bribe payers’ actual experiences in paying bribes, we show that trade facilitation would only help reduce corruption and improve efficiency – in a large number of customs agencies -- if the customs agency’s director undertakes a big-bang approach to reform. We also find support for the corruption clubs theory – that customs agencies in the process of reform are either moving toward OECD levels of integrity and efficiency; or they are sliding toward a “red zone” group of …

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Foreign Under-Investment In Us Securities And The Role Of Relational Capital, Bryane Michael Jan 2010

Foreign Under-Investment In Us Securities And The Role Of Relational Capital, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Over 70 academic papers attempt to explain why foreigners invest in US securities. All ignore the vital role of the US broker-dealer. Macroeconomic factors like a trade balance or corporate governance may guide foreign investors toward certain markets. But US broker-dealers provide information to foreign investors and execute the actual trades. We hypothesize that particular foreign investors under-invest in US securities because of a lack of relational capital with US broker-dealers. We find that broker-dealer marketing intensity in foreign markets partly explains foreigners’ decisions to invest in US securities. We also estimate “pent-up” demand for US securities in developing countries …

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The Size And Structure Of Government, Bryane Michael, Maja Popov Jan 2010

The Size And Structure Of Government, Bryane Michael, Maja Popov

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Does government size and structure adapt to changes in government’s organisational environment (particularly to uncertainty and complexity) as predicted by organisational theory? We find – using a range of statistical analyses – support for each of the major theories of organisation adaptation (the contingency-based view, resource-based view, and rational choice view). We find that both government size and structure change – holding other factors constant – for changes in the uncertainty and complexity of governments’ organisational environments. We find seven clusters of governments which adapt their organisational sizes differently in response to changes in the uncertainty and complexity of their …

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