Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Accountability; Corporate Governance; "Wenze" Accountability; China; Chinese Corporate Governance; Anglo-American Corporate Governance; "Guanxi" (personal connections/ relationships); Cultural Factors and Elements; Cultural Sensitivity; State Owned Enterprises (SOE); Corporate Strategy; Profit Distribution; Decentralization; Hybrid Corporate Governance Model; "Renqing" (reciprocity); Gift Giving; "Mianzi" (face); "Xinren" (trust); Confucianism; G20/OECD's Principles of Corporate Governance; Transparency; Relationology; Cultural Derivatives; Two-Tier Board System; Board Ethics; Information Accuracy; Justification and Explanation Followed by Questioning and Evaluation; Imposition of Consequences; Positive Values; Negative Problems; Harmonious Business Environment (1)
- 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)
- Management (1)
- Microfinance; Latin America; TMR Guidelines; Small Business; micro-entrepeneurs; Association of Supervisors of Banks of the Americas; ASBA; Basel Committee for Banking Supervision; BCBS; Consultative Group to Assist the Poor; CGAP; Prudential Regulations; PR; Non-Prudential Regulations; NPR; Debt Collection (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)
-
- 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)
- Social Capital; Social Network; Board of Directors; Corporate Governance; Director and Board Performance; Independent Directors; Hong Kong; Board Structures; Monitory Function and Liability; OECD Principles of Corporate Governance; Diversity of Views; Sarbanes-Oxley Act; Hong Kong's 2012 Code of Corporate Governance Practices; Definition of "Independent"; Social Capital Theories; "Investment in social Relations with Expected Returns in the Marketplace"; Solidarity Benefits of Closure; Structural Hole theory; Control Advantage; Law and Sociology; Cohesive Model; Minimum Performance Model; "Closeness Centrality"; "Betweenness Centrality"; Normative Implications of Social Capital; Regulatory Technology (RegTech); Stock Exchange of Hong Kong (SEHK); Cheung Kong Holdings (CKH); China Mobile Limited (China Mobile); NodeXL; Family Controlled Firms; State Owned Entities (SOE); Maximum Performance Model; Disintgrated Model (1)
- The Structure of Scientific Revolutions; Equity Market Regulation; Epistemological Foundations; Operative Paradigms; Securities and Exchange Commission (SEC); Thomas S. Kuhn; Self-Regulatory Paradigml Micro-Intervention Paradigm; Equity Structure Advisory Committee; Modern Securities Trading; Financial Regulation; New York Stock Exchange (NYSE); Securities Act of 1933; Securities and Exchange Act of 1934; "Paperwork Crisis"; 1995 Order of investigation against the National Association of Securities Dealers (NASD); Order Handling Rules; New Deal Legislation; Arsene Pujo; Louis Brandeis; Charles Evan Hughes Report; The Pecora Committee; Other People's Money and How the Bankers Use It; Disclosure Rules; Secondary Market Trading; Maloney Act of 1938; Over-the-Counter Market; Self-Regulatory Organizations (SROs); National Market System (NMS); Subpoena Power; NASD 21(a) Report; Regulation of Electronic Trading Systems; Regulation of Alternative Trading Systems; Exchange Registration; Fair and Orderly Markets; NASDAQ; Universal Industry Self-Regulator; Financial Industry Regulatory Authority (FINRA) (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
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 …
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Exploiting Latin American Microfinance Deregulation: One Borrower At A Time, Karlamaria Cabral
Brooklyn Journal of Corporate, Financial & Commercial Law
Microfinance seeks to eradicate poverty through the economic growth and development that results when seed capital is given to microenterprises. In 2015, Latin America’s microfinance loan portfolio totaled $40 billion USD and included more than twenty-two million borrowers. Due to the current state of microfinance in the region—abusive lending practices and betraying the original goal and purpose of eradicating poverty—this Note advocates for a regional regulatory body, such as the Latin American Microfinance Association, that would develop and assist Latin American countries to implement model legal frameworks that increase client protection, create licensing requirements, establish interest rate caps, and recognize …
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 …
A Bridge Too Far: A Critical Analysis Of The Securities And Exchange Commission's Approach To Equity Market Regulation, John Polise
Brooklyn Journal of Corporate, Financial & Commercial Law
Using the framework articulated by Thomas S. Kuhn in his book, The Structure of Scientific Revolutions, this Article traces the evolution of equity market regulation in terms of its epistemological foundations and operative paradigms. It examines the SEC’s growth from a more passive partner with the securities industry to being an aggressive and perhaps overly intrusive arbiter of equity market operations. This Article identifies two distinct paradigms of securities regulation—the “Self-Regulatory Paradigm” and the “Micro-Intervention Paradigm.” The Self-Regulatory Paradigm and the Micro-Intervention Paradigm are not compatible, and this Article explains how the intellectual dissonance between them ultimately allowed the Micro-Intervention …
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article examines how a director’s social capital might affect his or her behavior, the board’s performance, and corporate governance, as well as the potential normative implications of the director’s social network. We argue that the quality of board performance could be improved where the social network closure within the board is high and there are many non-redundant contacts beyond the board. Network closure can improve trust and collaboration within a board, while external contacts may benefit a company with more diverse sources of information. Moreover, different network positioning leads to the inequality of social capital for directors. With more …
Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao
Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao
Brooklyn Journal of Corporate, Financial & Commercial Law
Accountability is an essential aspect of corporate governance and it has been argued that the “wenze” system of accountability in China comes very close to the accountability systems developed in Anglo-American corporate governance. This Article examines the role of cultural factors, namely guanxi and its derivatives, in corporate governance in China to determine what effect, if any, these cultural factors have on the operation and development of the “wenze” system in large listed companies. The Article specifically considers whether the cultural elements affect accountability, and if so, how and to what extent. It also explores whether these cultural factors are …