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Full-Text Articles in Law

The Dividends Of Good Governance, Riccardo Pelizzo, Rick Stapenhurst Dec 2013

The Dividends Of Good Governance, Riccardo Pelizzo, Rick Stapenhurst

riccardo pelizzo

this analysis reveals that corruption is a luxury that developing countries cannot afford. countries with lower levels of corruption are all more developed, regardless of how development is measured


Land Appreciation Charges & Cover-Up Attempt By Awho, Chandra Nath Nov 2013

Land Appreciation Charges & Cover-Up Attempt By Awho, Chandra Nath

Chandra Nath

AWHO was established as a Society under the Rule of Law expressly for the welfare of its members and NOT established as a foray by Army Headquarters into Real Estate business in a thriving real estate market at this particular stage in the country’s economy. We, the people, still believe that our obligations as proud Indians and more importantly, as proud veterans, are not just to ourselves, but to all posterity for creating a Society of equals and not divide ourselves into “Rulers” (powerful, autocratic and ever ready to exploit the powerless) and powerless “Subjects”. This paper explores how AWHO …


Challenges For China's Outward Fdi, Karl P. Sauvant Oct 2013

Challenges For China's Outward Fdi, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "Challenges for China's Outward FDI,” op. ed., China Daily, 31 October 2013.


Assessing Risk, Liability And Asset Management Investments Among U.S. And Foreign Banks: Bank Of America, Wells Fargo, And Wachovia, Valencia Tamir Johnson Dr. Sep 2013

Assessing Risk, Liability And Asset Management Investments Among U.S. And Foreign Banks: Bank Of America, Wells Fargo, And Wachovia, Valencia Tamir Johnson Dr.

Valencia T Johnson

In recent years, banks have had a positive and negative impact on assessing risk, liability and asset management from other competitors such as Bank of America, Wells Fargo and Wachovia. There have been many recent discussions about the U.S. and International banking management and investments. The Federal Reserve and the U.S. Exchange Commission are finding ways to evaluate the negative and positive behaviors exhibited by other financial institutions, which has an impact on the global economy, and in regards to financial management and investments. This article explains the important of assessing the risk and compliance management in financial banking and …


Goliath Versus Goliath In Hight-Stakes Mbs Litigation, Bradley T. Borden, David J. Reiss Sep 2013

Goliath Versus Goliath In Hight-Stakes Mbs Litigation, Bradley T. Borden, David J. Reiss

Bradley T. Borden

The loan-origination and mortgage-securitization practices between 2000 and 2007 created the housing and mortgage-backed securities bubble that precipitated the 2008 economic crisis and ensuing recession. The mess that the loan-origination and mortgage-securitization practices caused is now playing out in courts around the world. MBS investors are suing banks, MBS sponsors and underwriters for misrepresenting the quality of loans purportedly held in MBS pools and failing to properly transfer loan documents and mortgages to the pools, as required by the MBS pooling and servicing agreements. State and federal prosecutors have also filed claims against banks, underwriters and sponsors for the roles …


Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz Aug 2013

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …


Russia With “More Than Justice”, Yuliya Kostelova Jul 2013

Russia With “More Than Justice”, Yuliya Kostelova

Yuliya Kostelova

No abstract provided.


A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz Jun 2013

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …


Demanda De Institucionales Por Emisiones De Medianas Empresas, John Pineda Galarza May 2013

Demanda De Institucionales Por Emisiones De Medianas Empresas, John Pineda Galarza

John Pineda Galarza

En abril de 2013 se concretó la primera emisión de papeles comerciales en el ámbito del Mercado Alternativo de Valores (MAV) la cual fue un éxito pues se logró una demanda de 3 a 1, sin embargo los inversionistas institucionales brillaron por su ausencia. En el presente artículo, se analizan los principales desincentivos que tienen inversionistas institucionales como las AFP para invertir en instrumentos emitidos por medianas empresas, planteando en ese sentido algunos temas pendientes en relación con el MAV.


Personal Letter From A Reader, Symphony Music May 2013

Personal Letter From A Reader, Symphony Music

Symphony Music

Reader's response highlighting the emotional costs of the bank's mortgage servicing behavior.


The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S Feb 2013

The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S

Joseph Wawa Raphael Futakamba s

This paper examines the impact of media reporting to crime and criminal court proceeding in Tanzania in the light of exercising the legitimate right to freedom of expression by the press, on one hand and the accused rights to presumption of innocence and fair trial on the other hand. The purpose of the discussion revolves around the effect of prejudicial crime reporting to the criminal suspects/accused and available remedies within the legal system. It also, looks upon the court practices and the law in dealing with interference with the course of justice. The paper also analyses the rights of the …


The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek Feb 2013

The International Trafficking In Arms Regulations: Precluding Innovation In Academic Spacecraft Engineering — Or Are They?, Jeremy Straub, Joe Vacek

Jeremy Straub

Government regulations and uncertainty about their enforcement can be a significant barrier to innovation. In business, it is undesirable to consume time and other resources developing a product that cannot be sold or which requires navigating significant bureaucracy for each sale. In academ-ia, where limited funding is available prior to the submission of a grant pro-posal and receipt of an award, proposal-stage compliance costs can derail a project long before it begins. This paper reviews the International Traffick-ing in Arms Regulations (ITAR) and their impact on spacecraft research in academia, private research labs and industry. It reviews the exemptions available, …


Discrimination In The Work Place On The Increase, Jamie Knop Jan 2013

Discrimination In The Work Place On The Increase, Jamie Knop

Jamie Knop

As we all know, unemployment rates are on the increase at the moment. Conversely, what many of us don’t know is that when the economy is poor, claims for discrimination in the workplace subsequently increase.


Bepress Readership Statistics, Frank Müller-Langer Jan 2013

Bepress Readership Statistics, Frank Müller-Langer

Frank Müller-Langer

No abstract provided.


Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz Jan 2013

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …


The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz Jan 2013

The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz

Meredith-Anne Kurz

No abstract provided.


After Ten Years, Sarbanes-Oxley Might Be Statutory Overkill Jan 2013

After Ten Years, Sarbanes-Oxley Might Be Statutory Overkill

Harvey Gilmore

The start of the twenty first century brought with it some spectacular corporate accounting scandals: Enron, World-Com, Adelphia, and Tyco, to name a few. The subsequent congressional hearings investigating the accounting and ethical failures of these companies resulted in a parade of one corporate executive after another claiming they had no knowledge of the massive fraud in their firms. In response to this rapid-fire succession of corporate scandals, Congress enacted the Sarbanes-Oxley Act of 2002 (“SOX”). It is a statute first introduced by Senator Paul Sarbanes and Congressman Michael Oxley, and signed into law by President George W. Bush in …


Advancing Domestic Development Through Overseas Investment, Karl P. Sauvant, Victor Zitian Chen Jan 2013

Advancing Domestic Development Through Overseas Investment, Karl P. Sauvant, Victor Zitian Chen

Karl P. Sauvant

Strongly politically tied state-owned enterprises, tax-havens and offshore financial centers, and outward investment promotional measures characterize China’s rise to become the world’s third largest outward investor. The article furthermore discusses why the Chinese government supports outward FDI.


Improving The International Investment Law And Policy Regime: Options For The Future Jan 2013

Improving The International Investment Law And Policy Regime: Options For The Future

Karl P. Sauvant

The international investment regime faces broader challenges, as reflected especially in the discussions regarding the investor-state dispute-settlement mechanism and the quest to make the international investment regime more oriented toward sustainable development objectives and to strengthen disciplines for the behavior of multinational enterprises. A number of options of how the regime can be improved are laid out in this booklet, including engaging in fact finding processes; establishing consensus-building working groups; formulating a model international investment agreement; building specific mechanisms to improve the investment regime. and commencing intergovernmental processes. An international investment consensus-building process is advocated to facilitate the improvement of …


Inward And Outward Fdi Country Profiles, Second Edition Jan 2013

Inward And Outward Fdi Country Profiles, Second Edition

Karl P. Sauvant

The key role MNEs play in the global economy through international investment, and the changing landscape of such investment as MNEs as well as host and home economies adjust to changing conditions and objectives, make it important to understand trends and developments with respect to FDI and the policy context in which they take place. This second edition of country profiles seeks to contribute to such an understanding by bringing together, in a single collection, the country profiles on inward and outward FDI prepared as part of the Columbia FDI Profiles series. Authored and peer-reviewed by scholars from around the …


Greenbacks For Building Green: Does A Lender For Sustainable Construction Projects Need To Make Adjustments To Its Current Practices?, Darren Prum Jan 2013

Greenbacks For Building Green: Does A Lender For Sustainable Construction Projects Need To Make Adjustments To Its Current Practices?, Darren Prum

Darren A. Prum

In the development of real property, the availability of money to secure construction resources becomes an important factor for success. The construction loan plays a central role in providing funds to erect a building on real property, but a lender faces numerous exposures that might result in a loss. In evaluating a project to determine its viability and to uncover any exposure it might present, a lender will conduct an extensive underwriting review process and will use mitigation techniques through the construction loan agreement and disbursement requirements to reduce the perceived risks to an acceptable business level, for those developments …


Does Financial Market Development Explain (Or At Least Predict) The Demand For Wealth Management And Private Banking Services In Developing Markets?, Bryane Michael, Christopher Hartwell, Gary Ho Jan 2013

Does Financial Market Development Explain (Or At Least Predict) The Demand For Wealth Management And Private Banking Services In Developing Markets?, Bryane Michael, Christopher Hartwell, Gary Ho

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

How should wealth managers and private bankers find and serve the wealthy – particularly in developing countries? Several banks and consulting firms provide market sizing estimates for the number of high net worth and ultra-high net worth individuals. However, it is still an open question whether financial management services actually create wealth (or increase the number of wealthy persons). How can financial advisors know if, on a macro-level, their service offerings grow their collective assets under management and increase their prospect numbers? In this paper, we find evidence that advanced wealth management and private banking services might help grow a …


The Competition Act Of 2010: What Effect Will The Act Likely Have On The Supply And Prices Of Goods And Services In Malaysia?, Bryane Michael Jan 2013

The Competition Act Of 2010: What Effect Will The Act Likely Have On The Supply And Prices Of Goods And Services In Malaysia?, Bryane Michael

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

This presentation provides an overview of the likely effects of Malaysia's 2010 Competition Act.


What Effect Does Financial Law Have On The Wealth Management Industry (And Wealth) In Emerging Markets?, Bryane Michael Jan 2013

What Effect Does Financial Law Have On The Wealth Management Industry (And Wealth) In Emerging Markets?, Bryane Michael

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

What effect does financial law have on wirehouses' ability to gather customers and their assets in emerging markets? In this presentation, I look at the data showing the primal importance of law in explaining wealth managers' ability to gather assets. I present a synthesis of some of the research on legislative/regulatory change and the growth of the wealth management industry.


Last Of The Tai-Pans: Corporate Governance In Hong Kong, Bryane Michael Jan 2013

Last Of The Tai-Pans: Corporate Governance In Hong Kong, Bryane Michael

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

How can corporate governance facilitate investment in Hong Kong? In this presentation, I review the main findings of a longer working paper.