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Articles 1 - 3 of 3
Full-Text Articles in Law
Regulating The Invisible: The Case Of Over-The-Counter Derivatives, Colleen M. Baker
Regulating The Invisible: The Case Of Over-The-Counter Derivatives, Colleen M. Baker
Journal Articles
In this Article, I focus on the regulation of the over-the-counter (OTC) derivative markets. I argue that current reform proposals and draft legislation fall short of constructing the linked domestic and international frameworks needed to successfully regulate the OTC derivative markets. The purpose of my Article is to propose and defend such a framework. Because of the inseparability of the domestic and international aspects of this issue, I argue that in addition to increased prudential supervision and regulation, the regulation of OTC derivative markets requires interwoven domestic and international systems for regulatory cooperation. This recommendation has two parts. First, Congress …
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry
Journal Articles
This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
Private Regulation And Foreign Conduct, Adam I. Muchmore
Private Regulation And Foreign Conduct, Adam I. Muchmore
Journal Articles
Current U.S. policy on safety regulation for imported food is based largely on ex post measures. Several reform proposals seek to strengthen the ex ante component of this regulatory program. These proposals rely on one or more of three basic strategies: direct extraterritorial regulation; delegation of regulatory authority to private entities; and delegation of regulatory authority to foreign government agencies. This paper explores the ability of each strategy to respond to several principal-agent problems relevant to imported-food safety: the regulatory license problem; interest group capture; and the reality of bribery and threats in many food-exporting countries. Through the lens of …