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Articles 151 - 180 of 218
Full-Text Articles in Banking and Finance Law
Who Will Control Frankenstein?: The Korean Chaebol's Corporate Governance, Jeong Seo
Who Will Control Frankenstein?: The Korean Chaebol's Corporate Governance, Jeong Seo
Cardozo Journal of International and Comparative Law
In a chaebol, because a dominant family exercises control with only a small equity-holding, a sharp disparity exists between cashflow rights and voting rights. The controller reduces managerial agency costs but creates his own agency costs. Furthermore, the disparity exacerbates the controller's agency costs. Outsider shareholders' voting rights are ineffectual in eradicating this problem. Therefore, external monitoring devices over the chaebol controller are required.
Korea has relied on government regulation-including attempts to change chaebols' ownership structures-to address this problem. Unfortunately, without well-functioning capital markets, the regulation has proved ineffective. As observed in the SK scandal, a market for …
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Does Title Ix Work After School? California Applies The Three Part Test To Municipal Sports, Aaron J. Hershtal
Cardozo Journal of Equal Rights & Social Justice
The note examines the extension of Title IX gender equity requirements to municipal sports programs through California's AB 2404, addressing disparities in resource allocation and participation opportunities for girls. It argues that while AB 2404 provides critical protections and opportunities, its implementation faces challenges, including budget constraints and potential unintended consequences for male athletes. The analysis highlights the importance of addressing systemic gender discrimination in sports and the need for policymakers to balance equity with practical considerations.
Law, Discretion, Equity In The Merchant Of Venice And Measure For Measure, Daniela Carpi
Law, Discretion, Equity In The Merchant Of Venice And Measure For Measure, Daniela Carpi
Cardozo Law Review
No abstract provided.
Moral Hazard And The Initial Public Offering, Christine Hurt
Moral Hazard And The Initial Public Offering, Christine Hurt
Cardozo Law Review
No abstract provided.
The Defined Contribution Paradigm, Edward A. Zelinsky
The Defined Contribution Paradigm, Edward A. Zelinsky
Articles
Pension cognoscenti have frequently remarked on the stagnation of defined benefit pensions and the concomitant rise of defined contribution plans. I suggest that, over the last generation, something even more fundamental has occurred, something that can justly be called a paradigm shift. Americans today primarily conceive of and implement retirement savings in the form of individual accounts. Such accounts have become primary instruments of public policy, not just for retirement savings, but increasingly for health care and education as well.
The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz
The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz
Cardozo Law Review
No abstract provided.
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.
Cardozo Law Review
No abstract provided.
Secured Lending And Its Uncertain Future, Douglas G. Baird
Secured Lending And Its Uncertain Future, Douglas G. Baird
Cardozo Law Review
No abstract provided.
Securitization Post-Enron, Steven L. Schwarcz
Securitization Post-Enron, Steven L. Schwarcz
Cardozo Law Review
No abstract provided.
Chuck And Steve's Peccadillo, James J. White
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
Cardozo Journal of Conflict Resolution
Almost one hundred years ago, Roscoe Pound' warned about the decline of equity jurisprudence in the American legal system. He called this phenomenon the "decadence of equity."' Though Pound offered several causes for this decline, what we know today as "institutionalization" in the court system was the primary suspect. "The very thing that made equity a system must, in the end, prove fatal to it. In the very act of becoming a system, it becomes legalized, and in becoming merely a competing system of law insures its ultimate downfall." While Pound acknowledged that he saw some good from the "refinements" …
Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson
Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Between The Two Fears, Juliet Flower Maccannell
Between The Two Fears, Juliet Flower Maccannell
Cardozo Law Review
No abstract provided.
The Control Over The De-Identification Of Data, Benjamin Charkow
The Control Over The De-Identification Of Data, Benjamin Charkow
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Put-Call Parity And The Law, Michael S. Knoll
Put-Call Parity And The Law, Michael S. Knoll
Cardozo Law Review
No abstract provided.
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
Cardozo Law Review
No abstract provided.
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
Articles
No abstract provided.
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.
Ambiguity And Income Taxation, Terrence R. Chorvat
Ambiguity And Income Taxation, Terrence R. Chorvat
Cardozo Law Review
No abstract provided.
The Newness Of New Technology, Monroe E. Price
The Newness Of New Technology, Monroe E. Price
Cardozo Law Review
No abstract provided.
Causality And Responsibility, Glenn Shafer
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Articles
In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
Cardozo Journal of International and Comparative Law
The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.
Ziggy Stardust Reborn: A Proposed Modification Of The Bowie Bond, Adam Grant
Ziggy Stardust Reborn: A Proposed Modification Of The Bowie Bond, Adam Grant
Cardozo Law Review
No abstract provided.
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson
Cardozo Law Review
No abstract provided.
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Dormant Accounts In Swiss Banks: The Independent Committee Of Eminent Persons, Paul A. Volcker
Dormant Accounts In Swiss Banks: The Independent Committee Of Eminent Persons, Paul A. Volcker
Cardozo Law Review
No abstract provided.
The Financial Underside To The Holocaust Litigation, Robert A. Swift
The Financial Underside To The Holocaust Litigation, Robert A. Swift
Cardozo Law Review
No abstract provided.
Agency Principles And Large Block Shareholders, Deborah A. Demott
Agency Principles And Large Block Shareholders, Deborah A. Demott
Cardozo Law Review
No abstract provided.