Law Commons^™

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …

Where Did Mill Go Wrong? Why The Capital-Managed Rather Than The Labor-Managed Enterprise Is The Predominant Organizational Form In Market Economies, 73 Ohio State L.J. 219 (2012, Justin Schwartz

Justin Schwartz

In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is more efficient. Empirical research, however, overwhelmingly contradicts this. But employees almost never even attempt to organize worker cooperatives. I …

Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii

William Alan Nelson II

The Supreme Court’s recent decision in Citizens United v. FEC allows companies to spend unlimited sums from their treasuries on advertisements that promote or oppose political candidates. This issue has taken the main stage in American politics, especially with the current Republican primary race and the Presidential election in November. This article discusses how shareholders may use derivative claims of corporate waste to challenge independent political expenditures that they believe are detrimental to the corporation. The article begins by discussing the history of the corporate waste doctrine and looks at the standard for pleading a claim of corporate waste. The …

Dodd-Frank, Securitization, And The Subprime Mortgage Crisis, Stephen P. Hoffman

Stephen P. Hoffman

There are few things more constant in life than the rise and fall of financial markets. When markets crash, however, we are forced to restore them while learning from our mistakes. In the wake of the recent subprime mortgage crisis, Congress has drastically but deservedly overhauled the regulation of financial markets in order to not only prevent such disasters in the future, but to help restore financial stability more quickly if and when they do occur. In this Paper, I provide a background of the events leading up to the most devastating financial crisis since the Great Depression, focusing on …

El Individuo Y La Comunidad. Aeon J. Skoble, Mario Šilar

Mario Šilar

No abstract provided.

El Fracaso: Su Utilidad Personal Y Social, Mario Šilar

Mario Šilar

No abstract provided.

What's Good In Theory May Be Flawed In Practice: Potential Legal Consequences Of Poor Implementation Of A Theoretical Sample, Melanie S. Williams, A. Lynn Phillips, G. Michael Phillips

Melanie S. Williams

The article discusses the problem of the use in litigation of statistical sampling. Sample-based research is increasingly used in cases as diverse as products liability, antitrust, intellectual property, and criminal law, among others. Sample-based research provides objective evidence upon which decisions, damages and liability may rest. Despite its importance, however, statistical evidence is often misused and misunderstood by attorneys who may be unfamiliar with the underlying form of analysis. The paper explores common errors when using litigative samples, comments upon best practices for the use in law of sample-based research, and demonstrates the importance of sound statistical sampling and data …

Sub S Valuation: To Tax Effect, Or Not To Tax Effect, Is Not Really The Question, Glen M. Vogel

Glen M Vogel

There were approximately 4 million Subchapter S corporations in 2008, with around 7 million shareholders. Because these companies are not publicly traded, their valuation in estate tax matters, divorces, shareholder disputes and other cases can present difficult issues for courts. In particular, the impact on the valuation of these companies of their “pass-through” tax status has been controversial since 1999, with different courts adopting different solutions. This article explains the nature of the issue, and presents a financial model for understanding the differential impact of taxes on the values of S and C corporations. The paper analyzes key court decisions …

The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky

ELLIOTT LIPINSKY

The Federal Transit Administration (FTA) is a branch of the U.S. Department of Transportation that administers federal funds and provides technical assistance for the support of locally operated public transit systems. MARTA / Atlanta metro area are part of FTA Region IV (the Southeast). FTA would be involved, for instance, in financing the federal grant monies discussed above. But actual regulation of operations (i.e., what MARTA does each day, or what MARTA will plan to do regionally) is more closely regulated by Georgia agencies.

Until recently, the Atlanta metropolitan area had no powerful central agency to coordinate regional transit. The …

Sovereign Investment: Concerns And Policy Reactions

Karl P. Sauvant

The volume provides a holistic examination and interdisciplinary analysis of issues relating to foreign direct investment by sovereign wealth funds (SWFs) and state-owned enterprises (SOEs). SWFs currently hold over $5 trillion worth of funds. SOEs control more than $2 trillion in foreign assets. What rules and procedures do – and should -- govern sovereign investment? The editors address these and other questions in a collection of essays by leading authorities from the IMF, academic institutions, law firms, multinational enterprises, and think tanks. Together, they analyze how sovereign investment has helped to limit the effects of the current global economic crisis, …

Yearbook On International Investment Law And Policy, 2011-2012

Karl P. Sauvant

Karl P. Sauvant, ed., Yearbook on International Investment Law and Policy, 2011-2012 (New York: Oxford University Press, 2012).

Fdi Perspectives: Issues In International Investment, 2nd Edition

Karl P. Sauvant

This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.

Should Ad Hoc Committees Have Fiduciary Duties?: Judicial Regulation Of The Bankruptcy Market, David L. Perechocky

David L Perechocky

This article is the first to substantively and directly address the question of whether informal creditor groups in bankruptcy cases could and should have fiduciary duties to other creditors. The rise of activist investors and claims traders in bankruptcy proceedings has significantly changed the bankruptcy process, to much controversy. One particularly contentious topic is the growing presence of informal, or “ad hoc,” creditor groups. Proponents argue that these groups are beneficial by enabling creditors to work together efficiently and effectively, but critics view their actions as disruptive and often unfair to other creditors. A recent decision in the Washington Mutual …

The Bonds That Tie: Will A Performance Bond Require That A Surety Deliver A Certified Green Building?, Darren Prum, Lorilee Medders

Darren A. Prum

In 2006, the city of Washington, D. C. passed landmark legislation that introduced green building requirements for various types of structures into the jurisdiction over a five-year period. A noteworthy aspect of the legislation directed construction projects within the district to purchase green performance bonds up to $3 million to guard against a privately owned project’s failure to meet its green building aspirations. In essence, this law placed the burden of guaranteeing compliance with the government’s policy upon the contractors and sureties of a green building project.

Following the passage of this act, confusion amongst the construction industry and sureties …

Interview With Thompson Reuters, Bryane Michael

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

Interview with Informer Magazine

Hong Kong Sponsors Should Have Little To Fear From Proposed Sfc Rules, Bryane Michael

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

New rules threaten to increase the legal liability of IPO sponsors in Hong Kong. What effect will the new rules have the IPO market in Hong Kong --- and the sponsors who prepare the new issue? We argue that the new rules -- rather than hindering the IPO market -- promise to deepen it. We review (for the lay-person) the relevant law, previoius econometric studies in the area, and provide conclusions.

The Middle Eastern Wealth Management Industry: Boon Or Bust?, Bryane Michael

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

The wealth management industry in the Middle East and North Africa (MENA) represents a roughly $800 billion opportunity. Yet, tapping this opportunity will require new strategies by the wirehouses looking to penetrate into this market. In this paper, we argue that Middle-Eastern policymakers and bankers will need to develop an indigenous wealth management industry which keeps the super-wealthy’s investments at home. Developing a local national wealth management industry requires letting in foreign competition, changing banking and securities laws, and growing local companies whose share are worth buying. We show why Turkey has succeeded in growing a nationally and internationally competitive …

Business Law Libguide, Mary Wilson

Mary Wilson

This guide provides access to resources useful for business law students.

Mortgage Product Substitution And State Anti-Predatory Lending Laws: Better Loans And Better Borrowers?

Patricia A. McCoy

Mounting foreclosures and disclosures of abusive lending practices led many states to adopt new anti-predatory lending (APL) laws. Researchers have examined the impact of such laws on credit flows and the cost of credit. This research extends the literature by examining whether the market responded to these laws by substituting different mortgage products for those restricted by APL provisions. The evidence indicates that the laws were effective in restricting loans with targeted characteristics, and that the market substituted other product types to maintain access to credit and affordability in the face of these restrictions. The laws reduced the involvement of …

The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff

Tamara R. Piety

This chapter reviews the recent decisions of the Supreme Court as they bear on attempts to combat childhood obesity through regulating marketing and concludes that attempts to regulate marketing will face substantial First Amendment obstacles in the courts.

A Critical Study On The Cooperative Research And Development Agreements Of U.S. Federal Laboratories: Technology Commercialization And The Public Interest, Wei-Lin Wang

Clovia Hamilton

No abstract provided.

Otc Market, Tiffany C. Walsh

Tiffany Walsh J.D., B.Comm.

Every private company should consider the advantages and disadvantages of going public when promoting the growth of their operations and earnings. Because of the benefits a public company can offer, a company should consider taking their company to this next stage of growth and the various avenues to do so. The most known and prestigious stock exchanges, such as NASDAQ and NYSE, are catered to larger and more established companies, however, there are trading boards available for smaller companies as well which encompass many of the large stock exchange characteristics. The over the counter (OTC) market provides an alternative for …

Sovereign Investment: An Introduction, Wouter P.F. Schmit Jongbloed, Lisa E. Sachs, Karl P. Sauvant

Karl P. Sauvant

Ohio Student Social Skills Training Program Is Very Successful, David Volosin, Oscar T. Mcknight, John Sikula

Oscar T McKnight Ph.D.

This article reports on research conducted in the Parma City Schools, Ohio by The Society for Prevention of Violence (SPV). The SPV is dedicated to reducing the prevalence of violent acts and asocial behaviors of children and adults through education. It accomplishes this mission by teaching children and adults the use of the skills necessary to build their character. Findings suggest that the SPV program improves the ability of children within class to pay attention and be organized. The greatest improved social behaviors for participants were in helping others who are having trouble; increased ability to initiate positive interactions; and, …

Compliance Audit Of Anti-Corruption Regulations: A Case Study From Carpatistan Customs, Bryane Michael

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

The principles and findings from internal government audits (aimed at generating recommendations to improve compliance with anti-corruption regulations) can greatly contribute to the wider anti-corruption literature. Internal audit techniques can overcome the weaknesses of the four predominant approaches to evaluating anti-corruption regulatory performance – the systems design approach, the ad-hoc controls studies approach, the descriptive legal analysis approach and the prescriptive manuals and handbooks approach. This paper discusses a compliance audit of anti-corruption regulations in an anti-corruption audit conducted in 2009. The audit findings and recommendations illustrate the ways that models and previous research in the social sciences can be …

Whither Turkish Capitalism?, Bryane Michael

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

Turkish families will likely cede their controlling interests in Turkey’s dominant holding companies in the upcoming decades as Wall Street clamours for a greater share of developing world profits and families enjoy the fruits of their oligopolistic labours.