Banking and Finance Law Commons^™

One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie

Cardozo Law Review

No abstract provided.

Unprofitable Lending: Modern Credit Regulation And The Lost Theory Of Usury, Brian M. Mccall

Cardozo Law Review

No abstract provided.

The Best Pharmaceuticals For Children Act And The Pediatric Research Equity Act-Helping Or Hurting America's Children?, Lisa Jerles

Cardozo Public Law, Policy & Ethics Journal

The note examines the effectiveness of the Best Pharmaceuticals for Children Act (BPCA) and the Pediatric Research Equity Act (PREA), which were enacted to address the lack of pediatric-specific drugs and devices. While these laws have improved the availability of pediatric treatments, they face significant challenges, including short authorization periods, loopholes exploited by pharmaceutical companies, and ethical concerns related to clinical trials. The 2007 reauthorization and the addition of the Pediatric Medical Device Safety and Improvement Act have partially addressed these issues but highlight the need for further reforms to ensure safer and more effective pediatric care.

Disaster Basics: The Life Cycle Of A Disaster And The Role Of Conflict Resolution Professionals, Linda Baron

Cardozo Journal of Conflict Resolution

When things go wrong, we call it a problem and mediators may be called in to help parties affected by the problem work things out. When things go terribly wrong, we call it a disaster, and conflict resolution professionals can use their experience, abilities, and skills to help the individuals, families, businesses, communities, and public agencies in the aftermath.

Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin

Cardozo Journal of Conflict Resolution

All of us have been affected by disasters, either directly or indirectly. Although natural and manmade disasters have occurred throughout history, the size and scale of future disasters will surely reach regional, national and international proportions. Indeed, there is now and forevermore a disaster industry, in which Alternative Dispute Resolution (ADR) professionals will certainly play an important role.

Is The Market For Ceos Rational?, Charles M. Yablon

Articles

The article challenges the arms-length bargaining model of CEO compensation, arguing that managerial power, social dynamics, and psychological factors significantly influence compensation decisions. It critiques both the managerial power thesis and the arms-length bargaining model, advocating for a more nuanced understanding that incorporates these non-economic influences. CEO compensation is not solely tied to performance but is shaped by boards' overconfidence, cognitive biases, and the cult of the CEO, leading to inefficient pay structures that often fail to align with shareholder interests.

Predatory Structured Finance, Christopher L. Peterson

Cardozo Law Review

No abstract provided.

Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …

U.S. Sentencing Guidelines And Export Control Laws: How To Equate A Credit Card Transaction With A Violation Of National Security Controls Or Selling 400 Grams Of Heroin, J. Triplett Mackintosh, Danielle R. Voorhees

Cardozo Public Law, Policy & Ethics Journal

The article critiques the application of section 2M5.1 of the U.S. Sentencing Guidelines (USSG) to criminal violations of the Office of Foreign Asset Control (OFAC) regulations, arguing that such application is overly broad and misaligned with the severity of offenses. It contends that treating minor transactions with embargoed countries as equivalent to national security threats or terrorism support is inappropriate, as these regulations often involve malum prohibitum offenses that are not inherently malicious.

The World Bank And The Ideology Of Reform And Development In International Economic Development Discourse, Joel M. Ngugi

Cardozo Journal of International and Comparative Law

Is the current development reform agenda, especially the one operationalized by the World Bank, Ideological? If so, does it matter? These are the two questions that animate this article. In answering both questions in the affirmative, the article first demonstrates how the current development reform agenda is Ideological. It then discusses why and how it matters that the development reform agenda is Ideological. First, the article argues that Ideological rendering of the development reform agenda effectively weakens the ability of Third World countries to articulate their economic and foreign policies in ways that would benefit their citizenry the most. Second, …

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

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

Cardozo Law Review

No abstract provided.

Moral Hazard And The Initial Public Offering, Christine Hurt

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Securitization Post-Enron, Steven L. Schwarcz

Cardozo Law Review

No abstract provided.

Chuck And Steve's Peccadillo, James J. White

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.

Cardozo Law Review

No abstract provided.

Secured Lending And Its Uncertain Future, Douglas G. Baird

Cardozo Law Review

No abstract provided.

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

Articles

No abstract provided.

Between The Two Fears, Juliet Flower Maccannell

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies

Cardozo Law Review

No abstract provided.

A Repo Opera: How Criimi Mae Got Repos Backwards, Jeanne L. Schroeder

Articles

The article argues that repurchase agreements (repos) should be treated as true sales rather than secured loans under bankruptcy law to maintain financial market stability. It critiques the *In re Criimi Mae* court for misapplying the "Debtors Equity Test," which assesses whether the seller retains meaningful property rights. The analysis emphasizes the need for clear legal standards to prevent misclassification and ensure market certainty.

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.

Ambiguity And Income Taxation, Terrence R. Chorvat

Cardozo Law Review

No abstract provided.

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.