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Articles 1 - 11 of 11
Full-Text Articles in Law
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford
Faculty Publications
In this paper, I consider the case of supervisory cooperation among bank regulators where voluntary cooperation (soft law) over a period of 50 years has become hard law (regulations and directives) within the European Union. Driven by major international bank failures or financial crises, international standards for prudential supervisory cooperation among bank regulators have steadily developed and become more precise and defined since the early 1970s.
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu
Expanding Standing To Develop Democracy: Third Party Public Interest Standing As A Tool For Emerging Democracies, Aparna Polavarapu
Faculty Publications
Standing doctrine can play an outsized role in marginalized groups' ability to protect their constitutional rights. The cultural and political dynamics in developing countries routinely undermine the proper functions of the democratic system and make it unlikely that those parties most directly deprived of their rights will be heard by elected legislatures or be able to directly access courts. The vindication of their rights and the rule of law itself depend on the ability of others to litigate on their behalf. Thus, this article argues for the expansion of standing doctrine to protect the democratic ideal in emerging democracies. Using …
International Financial Reforms: Capital Standards, Resolution Regimes And Supervisory Colleges, And Their Effect On Emerging Markets, Duncan E. Alford
International Financial Reforms: Capital Standards, Resolution Regimes And Supervisory Colleges, And Their Effect On Emerging Markets, Duncan E. Alford
Faculty Publications
This paper focuses on the relevance to emerging economies of three major financial reforms following the global financial crisis of 2007–2009: (1) the improved capital requirements intended to reduce the risk of bank failure (“Basel III”), (2) the improved recovery and resolution regimes for global banks, and (3) the development of supervisory colleges of cross-border financial institutions to improve supervisory cooperation and convergence. The paper also addresses the implications of these regulatory reforms for Asian emerging markets.
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Faculty Publications
No abstract provided.
The Full Story Of U.S. V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of U.S. V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Faculty Publications
No abstract provided.
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis
Faculty Publications
No abstract provided.
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Law On The Books Vs. Law In Action: Under-Enforcement Of Morocco’S Reformed 2004 Family Law, The Moudawana, Ann M. Eisenberg
Faculty Publications
Morocco shares cultural, religious, and linguistic roots with more conservative countries in the region, yet the Moroccan government has interpreted similar traditions to yield the starkly different stance that gender equality is desirable. Morocco’s Moudawana, the 2004 legislation on family law with provisions largely derived from Islamic sources, confers unprecedented rights on Moroccan women. Part I of this Note evaluates the Moudawana in light of its break with traditional Shari’a, alongside its fidelity to other Islamic law principles in giving Moroccan women unprecedented rights. While the new Moudawana has provisions addressing inheritance, children’s rights, and assets within a marriage, this …
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Supervisory Colleges: The Global Financial Crisis And Improving International Supervisory Coordination, Duncan E. Alford
Faculty Publications
No abstract provided.
Book Review: Protection Of Foreign Investment In Context: Nigeria's Investment Laws, Treaties, And Petroleum Agreements, Duncan E. Alford
Book Review: Protection Of Foreign Investment In Context: Nigeria's Investment Laws, Treaties, And Petroleum Agreements, Duncan E. Alford
Faculty Publications
No abstract provided.
European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford
European Union Legal Materials: An Infrequent User's Guide, Duncan E. Alford
Faculty Publications
No abstract provided.
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Faculty Publications
No abstract provided.