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Full-Text Articles in Law
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen
Alfred C. Yen
In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.
Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia
Justice, The Bretton Woods Institutions And The Problem Of Inequality, Frank J. Garcia
Frank J. Garcia
The Bretton Woods Institutions are, together with the WTO, the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. While the normative analysis of the WTO is gaining momentum, the systematic normative evaluation of the World Bank and the International Monetary Fund is comparatively less developed. This essay aims to contribute to that nascent inquiry. How might global justice criteria apply to the ideology and operations of the Bank and Fund? Political theory offers an abundance of perspectives from which to conduct such …
U.S. Appellate Court Ruling Deals Fatal Blow To Argentina Brady Bond Debt Swap, Mark J. Calaguas
U.S. Appellate Court Ruling Deals Fatal Blow To Argentina Brady Bond Debt Swap, Mark J. Calaguas
Mark J Calaguas
No abstract provided.
Credit Derivative Destruction And Mortgage-Backed Mayhem: The End Of An Era Of Deregulation, Matt S. Klapper
Credit Derivative Destruction And Mortgage-Backed Mayhem: The End Of An Era Of Deregulation, Matt S. Klapper
Matt S Klapper
Abstract: The absence of regulation in mortgage-backed securities and over-the-counter credit derivatives markets was instrumental in fomenting the worst financial crisis since the Great Depression—referred to in this paper as the Great Panic. The antecedents of the Great Panic of 2008 are numerous. Rather than provide an exhaustive compendium of the causes of the Great Panic, the primary focus of this essay is on mortgage-backed securities, credit derivatives and the absence of regulatory oversight. This paper argues for greater transparency in these opaque securities markets as a means of reducing systemic risk and improving regulatory oversight. Mortgage-backed securities (MBS), particularly …
Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin
Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin
Benjamin A. Templin
In 2010, federal regulators and politicians became increasingly concerned over the accounting practices of Chinese companies that trade on U.S. stock exchanges. In particular, the Securities and Exchange Commission (“SEC”) targeted companies that went public through a process called the reverse merger. The instances of fraud became so widespread, regulators and commentators coined the term Chinese Reverse Merger (“CRM”) in order to describe a sector where investors assume the risk of accounting irregularities. Although CRMs must comply with international accounting standards, a weak rule of law in China has resulted in poor implementation and enforcement of its accounting regime. U.S. …
Capture In Financial Regulation" Can We Channel It Toward The Common Good?, Lawrence G. Baxter
Capture In Financial Regulation" Can We Channel It Toward The Common Good?, Lawrence G. Baxter
Lawrence G. Baxter
“Regulatory capture” is central to regulatory analysis yet is a troublesome concept. It is difficult to prove and sometimes seems refuted by outcomes unfavorable to powerful interests. Nevertheless, the process of bank regulation and supervision fosters a closeness between regulator and regulated that would seem to be conducive to “capture” or at least to fostering undue sympathy by regulators for the companies they oversee. The influence of very large financial institutions has also become so great that financial regulation appears to have become excessively distorted in favor of these entities and to the detriment of many other legitimate interests, including …