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Articles 1 - 30 of 61
Full-Text Articles in Law
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos
Michael Diathesopoulos
In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …
Delaware Meeting Requirements: An Overview Of Delaware-Specific Issues For Stockholders' Meetings, Megan Shaner, John Zeberkiewcz
Delaware Meeting Requirements: An Overview Of Delaware-Specific Issues For Stockholders' Meetings, Megan Shaner, John Zeberkiewcz
Megan Wischmeier Shaner
No abstract provided.
Panelist, Oecd Conference On Intangibles, Hugh Ault
Panelist, Oecd Conference On Intangibles, Hugh Ault
Hugh J. Ault
No abstract provided.
Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner
Restoring The Balance Of Power In Corporate Management: Enforcing An Officer's Duty Of Obedience, Megan Wischmeier Shaner
Megan Wischmeier Shaner
No abstract provided.
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Compliance Requirements For Chinese Automobile Market Players, Tao Liang
Tao LIANG
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Foreign Investment Catalogues And Investment Environment In China, Tao Liang
Tao LIANG
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley
Lawrence Soley
Our next panel discusses the corporatization of communication.
The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev
The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev
Nikola S Georgiev
The relationship between Trade Law and Human Rights of Workers – the proposition to incorporate a Social Clause into the World Trade Organisation
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Directors Insuring Against Criminal Ohs Wrongdoing – The Common Law Position, Neil J. Foster
Neil J Foster
This paper considers the question of whether it is possible for company officers, who are fixed with personal liability for criminal occupational health and safety offences, to insure against such liability. It will also touch on related issues to do with indemnities being provided by companies. The paper focuses on the “common law” world, with particular reference to the UK and Australia.
Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield
Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield
Kent Greenfield
No abstract provided.
Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic
Committee Capture? An Empirical Analysis Of The Role Of Creditors' Committees In Business Reorganizations, Michelle Harner, Jamie Marincic
Michelle M. Harner
The number of businesses experiencing financial distress increased significantly during the past several years. The number of Chapter 11 reorganization cases likewise rose. And many of these business failures were spectacular, leaving little value for creditors and even less for shareholders. Consequently, how the business debtor’s limited asset pie is divided and who gets to allocate the pieces are very relevant and important questions.
The U.S. Bankruptcy Code generally contemplates the appointment of a committee of the debtors’ unsecured creditors to serve as a fiduciary for all general unsecured creditors and as a statutory watchdog over the debtor and its …
Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai
Demand And Supply Forces In The Market For Law Interplaying Through Jurisdictional Competition: Basic Theories And Cases, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
Inspired by corporate charter competitions in the 19th-century U.S. and contemporary Europe as well as the negative impact of the Sarbanes-Oxley Act of 2002 on the U.S. cross-listing market, this article draws positive lessons from the above stories that demand and supply forces underlying jurisdictional competition constrains regulating jurisdictions from disregarding business demands and from imposing excessive regulation, and that jurisdictional competition brought about by mobility or exit would push for legal flexibility. Through the positive arguments developed in this article, regulatory jurisdictions in East Asia could, to an extent, understand the true costs and benefits of regulation in the …
The Checks And Balances Of Good Corporate Governance, John Lessing
The Checks And Balances Of Good Corporate Governance, John Lessing
John Lessing
Good corporate governance requires a range of regulatory checks and balances - or mechanisms - to be effective. If one mechanism fails, the system will fail like a chain with a weak link. This article provides an overview and brief explanation of the main checks and balances a country needs to have a good corporate governance system. It is of particular relevance to countries with transition economies. However, it is also important in developed countries as recent corporate collapses and failures in the financial system have illustrated.
The Sec's Revolving Door And The Problem Of Institutional Corruption, Renee Jones
The Sec's Revolving Door And The Problem Of Institutional Corruption, Renee Jones
Renee Jones
No abstract provided.
Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault
Panelist, Max Planck Insitute For Taxation Advisory Board, Hugh Ault
Hugh J. Ault
No abstract provided.
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
Kent Greenfield
No abstract provided.
Transfer Pricing, Hugh Ault
Transfer Pricing, Hugh Ault
Hugh J. Ault
Chaired meeting of 45 governmental and academic specialist
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert J. Rhee
Robert Rhee
This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.
The Global Financial Crisis And The Governance Of Financial Institutions, John H. Farrar
The Global Financial Crisis And The Governance Of Financial Institutions, John H. Farrar
John H. Farrar
The global financial crisis has presented many regulatory challenges as jurisdictions struggle to effectively address systemic risk. This article, which constituted a plenary address at the Corporate Law Teachers Association Conference, 2010, traverses the range of regulatory measures that have been implemented in the corporate governance and prudential risk management fields with a focus upon developments in Australia, New Zealand and the United Kingdom.
Climate Change, Corporate Strategy, And Corporate Law Duties, Perry E. Wallace
Climate Change, Corporate Strategy, And Corporate Law Duties, Perry E. Wallace
Perry Wallace
Although greenhouse-gas management now ranks among the world’s great challenges, this status did not obtain instantly—or easily. Today, however, reservations about the validity of global warming as a major threat are fading. They are fading, appropriately, as rapidly as some ice sheets and glaciers are melting. Indeed, the steady flow of new, compelling evidence joins an already considerable base of scientific, economic, and other certainties about the subject. The result of this evolution in climate-change certainty has been major change of global dimensions. In notable ways, the structures and the functions of governmental, economic, and social institutions around the world …
Barriers To Effective Risk Management, Michelle Harner
Barriers To Effective Risk Management, Michelle Harner
Michelle M. Harner
“As long as the music is playing, you’ve got to get up and dance. We’re still dancing.”** This now infamous quote by Charles Prince, Citigroup’s former Chief Executive Officer, captures the high-risk, high-reward mentality and overconfidence that permeates much of corporate America. These attributes in turn helped to facilitate a global recession and some of the largest economic losses ever experienced in the financial sector. They also represent certain cognitive biases and cultural norms in corporate boardrooms and management suites that make implementing a meaningful risk culture and thereby mitigating the impact of future economic downturns a challenging proposition. The …
Barriers To Effective Risk Management, Michelle M. Harner
Barriers To Effective Risk Management, Michelle M. Harner
Michelle M. Harner
“As long as the music is playing, you’ve got to get up and dance. We’re still dancing.”** This now infamous quote by Charles Prince, Citigroup’s former Chief Executive Officer, captures the high-risk, high-reward mentality and overconfidence that permeates much of corporate America. These attributes in turn helped to facilitate a global recession and some of the largest economic losses ever experienced in the financial sector. They also represent certain cognitive biases and cultural norms in corporate boardrooms and management suites that make implementing a meaningful risk culture and thereby mitigating the impact of future economic downturns a challenging proposition. The …
Barriers To Effective Risk Management, Michelle M. Harner
Barriers To Effective Risk Management, Michelle M. Harner
Michelle M. Harner
“As long as the music is playing, you’ve got to get up and dance. We’re still dancing.”** This now infamous quote by Charles Prince, Citigroup’s former Chief Executive Officer, captures the high-risk, high-reward mentality and overconfidence that permeates much of corporate America. These attributes in turn helped to facilitate a global recession and some of the largest economic losses ever experienced in the financial sector. They also represent certain cognitive biases and cultural norms in corporate boardrooms and management suites that make implementing a meaningful risk culture and thereby mitigating the impact of future economic downturns a challenging proposition. The …
China's Approval Regime On Outbound Investment, Tao Liang
China's Approval Regime On Outbound Investment, Tao Liang
Tao LIANG
Procuring "Justice"?: Citizens United, Caperton V. Massey, And Partisan Judicial Elections, André Douglas Pond Cummings
Procuring "Justice"?: Citizens United, Caperton V. Massey, And Partisan Judicial Elections, André Douglas Pond Cummings
andré douglas pond cummings
In recent years, two inextricably connected issues have received a great deal of attention in both United States political discourse and in the legal academic literature. One issue of intense legal debate and frustration has been that of judicial recusal, including an examination of the appropriate standards that should necessarily apply to judges that seem conflicted or biased in their role as neutral arbiter. A second issue that has spawned heated commentary and great dispute over the past decade is that of campaign finance law, including examination of the role that powerful and wealthy benefactors play in American electioneering. Both …
Roundtable On Restructuring Financial Regulation, Renee Jones
Roundtable On Restructuring Financial Regulation, Renee Jones
Renee Jones
No abstract provided.
Delaware's Response To The Financial Crisis, Renee Jones
Delaware's Response To The Financial Crisis, Renee Jones
Renee Jones
No abstract provided.