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Full-Text Articles in Law

The Inherent Instability Of The Financial System, Kim De Glossop Sep 2012

The Inherent Instability Of The Financial System, Kim De Glossop

The Journal of Business, Entrepreneurship & the Law

The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …


"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu Sep 2012

"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu

The Journal of Business, Entrepreneurship & the Law

Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation and the word-of-mouth referrals of their colleagues. In subsequent selections of a law firm, these factors are transplanted by past results. Firm expertise and cost …


The Quest For Financial Regulatory Reform: Will A Uniform Fiduciary Standard Guide The Way?, Bonnie M. Treichel Jan 2012

The Quest For Financial Regulatory Reform: Will A Uniform Fiduciary Standard Guide The Way?, Bonnie M. Treichel

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Rural Banking: Designing An Effective Legal Framework For Microfinance, Ian Davis Jan 2012

Rural Banking: Designing An Effective Legal Framework For Microfinance, Ian Davis

The Journal of Business, Entrepreneurship & the Law

Approximately 1.2 billion people live in extreme poverty, surviving on less than $1 per day. In emerging markets, commercial banks generally serve only ten to twenty percent of the population, excluding eighty to ninety percent of the population from the formal financial sector. Many in this "un-banked" population could benefit from access to financial services. In most developing countries, rural financial markets are based partially on a foundation of law and partially on a non-legal foundation of extra-legal (and sometimes illegal) activities. These legal and non-legal foundations directly influence the operation of rural financial institutions. This comment will discuss the …


"The Subprime Crisis: Why One Bad Turn Leads To Another" At Pepperdine University School Of Law, Richard A. Epstein Jan 2012

"The Subprime Crisis: Why One Bad Turn Leads To Another" At Pepperdine University School Of Law, Richard A. Epstein

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim Jan 2012

Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Is There A Dual Banking System?, Carl Felsenfeld, Genci Bilali Jan 2012

Is There A Dual Banking System?, Carl Felsenfeld, Genci Bilali

The Journal of Business, Entrepreneurship & the Law

There is a fierce controversy being waged today about the status of the historic dual banking system in American law. National banks (banks chartered by the national government) derive their powers from federal law. States, on the other hand, assert that they should be able to control certain aspects of national bank operations such as consumer protection written as state law. While the national banks acknowledge that states do have certain areas where they may control national bank activities--much contract law, for example, which is essentially state law--the national banks also assert a high level of authority--preemption--over the states where …


Social Enterprise: Doing Well By Doing Good, Muhammad Yunus Jan 2012

Social Enterprise: Doing Well By Doing Good, Muhammad Yunus

The Journal of Business, Entrepreneurship & the Law

No abstract provided.