Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- And Economic Stability Act; Puerto Rico; US Virgin Islands; Debt Default; Financial Oversight and Management Board for Puerto Rico; Creditor Action; Chapter 9; Title III; Chapter 11 (1)
- Book review (1)
- Chris Brummer (1)
- Dodd-Frank; Whistleblowing; Regulation; Regulatory Cycle (1)
- FCPA (1)
-
- Financial engineering (1)
- Global economic diplomacy (1)
- Global economic system (1)
- Global financial crisis (1)
- Global trade (1)
- International economic regulation (1)
- International financial regulation (1)
- International organizations (1)
- Jurisprudence (1)
- Law and Economics (1)
- Legal History (1)
- Management (1)
- Minilateralism (1)
- Multilateralism (1)
- Municipal Bankruptcy; Bankruptcy Code; Chapter 9; Chapter 11; Tenth Amendment; US Constitution; Property Law; Debtor; Creditor; Federalism; Fincncial Restrucuturing; State Sovereignty; Public Bankruptcy; Municipal debtor-creditor law; Municipal Finance; (1)
- Non-governmental entities (1)
- Ockham’s razor (1)
- Pregancy Discrimination Act; Parental Leave; Parental Leave Policy; Title VII; Men; Parental Leave for Men; Title VII Claim; EEOC; Parental Bonding Leave; Employment Discrimination; Pregnancy-Related Disability Leave; Childbirth; Estee Lauder; JP Morgan; Family Medical Leave Act; Disability Period; Caregiver Leave; Primary Caregiver; Secondary Caregiver (1)
- Private Prisons Information Act; Freedom of Information Act; History of Privatized Correctional Services; Corrections Corporation of America; GEO Group; Management and Training Corporation; Disclosure; Corruption; Prison Conditions; Private Prison; Transparency; Public Oversight; Federal Outsourcing to Private Prisons; Contract Prisons; (1)
- Pubic Bankruptcy; Bankruptcy Clause; Article I; Section 8; Clause 4; United States Constitution; Uniform Bankruptcy Law; PROMESA; Puerto Rico Oversight (1)
- Public Bankruptcy; Sovereign Debt; Debt Restructuring; Sovereign Debt Restructuring; International Law; Collective Action Clause; International Capital market Association; National Debt; Debt Default; Greece; International Monetary Fund; Sovereign Debt Restructuring Mechanism; United Nations Conference on Trade and Development; UNCTAD; IMF; SDRM; (1)
- The Foreign Corrupt Practices Act (1)
- Transnational Law (1)
- World Trade Organization (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Dads Are Parents, Too: Why Amending The Pregnancy Discrimination Act Is Necessary For Courts To Determine If A Parental Leave Policy Violates Title Vii, Krista Gay
Brooklyn Journal of Corporate, Financial & Commercial Law
To attract millennials desiring a work-life balance, large companies have begun to offer new parent leave to both male and female employees and commonly offer longer leave to women than men. Although a company may offer pregnancy disability leave to women without offering similar leave to men, if the company classifies the leave as parental bonding leave, it must be offered equally. If it is not, as highlighted by recent lawsuits against JP Morgan and Estée Lauder, a Title VII claim can arise. Historically, courts have had difficulty deciding if such a policy does in fact violate Title VII, because …
Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham
Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of …
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Private Prisons And The Need For Greater Transparency: Private Prison Information Act, Libbi L. Vilher
Brooklyn Journal of Corporate, Financial & Commercial Law
Private prisons are not subject to the same regulations as government prisons. Particularly, private prisons are exempt from the requirements set forth in the Freedom of Information Act and its state equivalents, which provide that the public has an enforceable right to request certain records from government agencies. Numerous efforts made by members of Congress to enact the Private Prison Information Act, a bill that would subject private prisons to disclosure laws found in the Freedom of Information Act, have been unsuccessful. Such efforts to strip the veil of secrecy that shades private prisons from public scrutiny are especially important …
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …
Promesa And The Bankruptcy Clause: A Reminder About Uniformity, Stephen J. Lubben
Promesa And The Bankruptcy Clause: A Reminder About Uniformity, Stephen J. Lubben
Brooklyn Journal of Corporate, Financial & Commercial Law
The Bankruptcy Clause—Article I, Section 8, Clause 4—provides that “The Congress shall have power . . . [t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States . . . .”[1] But Congress has just enacted a bankruptcy law that applies to a single American territory. In early May 2017, Puerto Rico and one affiliated entity filed a petition under this new law. In late May, the Employees Retirement System commenced a case, along with the Puerto Rico Highway and Transportation Authority. Other Puerto Rican sub-entities are expected to follow. I use this short …
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law
Municipal bankruptcies are unpredictable. There are several reasons for this statement— municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy process, has many gaps. Congress constructed the modern chapter 9 on a foundation of corporate bankruptcy law, a foundation whose roots—corporate finance—are significantly different from the rules governing municipal finance. In this Article, Professor Moringiello aims a spotlight on the property roots of private bankruptcy law and compares them to the promissory and statutory roots of municipal finance law …
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …