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Articles 1321 - 1350 of 1440
Full-Text Articles in Business Organizations Law
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii
Richmond Journal of Global Law & Business
The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Richmond Journal of Global Law & Business
On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…
Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak
Emergence Of A Private Banking Sector In The Czech Republic, Phillip M. Stupak
Richmond Journal of Global Law & Business
No abstract provided.
Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning
Reforming Business Entity Law To Stimulate Economic Growth Among The Marginalized: The Modern South African Experienc, Johan J. Henning
Kentucky Law Journal
No abstract provided.
Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal
Business Law Reform In South Africa: The Right Path, The Right Reason, Allan W. Vestal
Kentucky Law Journal
No abstract provided.
Pragmatic Reform: Lessons From The South African Experiment, J. William Callison
Pragmatic Reform: Lessons From The South African Experiment, J. William Callison
Kentucky Law Journal
No abstract provided.
Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael
Business Law Reform In The United States: Thinking Too Small?, Douglas C. Michael
Kentucky Law Journal
No abstract provided.
Secured Debt And The Likelihood Of Reorganization, Clas Bergström, Theodore Eisenberg, Stefan Sundgren
Secured Debt And The Likelihood Of Reorganization, Clas Bergström, Theodore Eisenberg, Stefan Sundgren
Cornell Law Faculty Publications
Theory suggests that secured creditors may increasingly oppose a debtor’s reorganization as the value of their collateral approaches the amount of their claims. If reorganization occurs and the value of the firm appreciates, the secured creditor receives only part of the gain. But if the firm’s value depreciates, the secured creditor bears all of the cost. Secured claimants, thus, often have more to lose than to gain in reorganizations. This study of Finnish reorganizations filed in districts that account for most of the country’s reorganizations finds that creditor groups most likely to be well-secured are most likely to oppose reorganization. …
The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner
The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Villanova Law Review (1956 - )
No abstract provided.
An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young
An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young
UIC Law Review
No abstract provided.
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook
International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook
UIC Law Review
No abstract provided.
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Northwestern Journal of International Law & Business
Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …
The Globalization Of Corporate And Securities Law: An Introduction To A Symposium, And An Essay On The Need For A Little Humility When Exporting One's Corporate Law, Franklin A. Gevurtz
The Globalization Of Corporate And Securities Law: An Introduction To A Symposium, And An Essay On The Need For A Little Humility When Exporting One's Corporate Law, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Stakeholder Protection In Germany And Japan, Mark J. Loewenstein
Stakeholder Protection In Germany And Japan, Mark J. Loewenstein
Publications
This Essay considers the stakeholder debate in the context of the German and Japanese legal systems. Although, nominally, corporations in those countries must operate in the interests of shareholders, in fact nonshareholder constituencies have considerable influence on corporate decision makers. Of equal importance, weak securities markets and ineffective or nonexistent legal protections for shareholders are also important factors in strengthening the position of nonshareholder constituencies and freeing directors to consider their interests. Thus, the stakeholder debate is more of an issue in the United States and Britain, where more shareholder-centic models flourish.
A Property Theory Perspective On Russian Enterprise Reform, Michael Heller
A Property Theory Perspective On Russian Enterprise Reform, Michael Heller
Book Chapters
Why have Russian enterprises performed so poorly since privatization? This is a problem with many answers, each independently sufficient: the bleak mix includes vacillating macroeconomic policy, endemic corruption, a corrosive tax structure, poor human capital, and so forth. Even well-performing companies must hide good results because visible profits or dividends provoke confiscatory taxation and mafia visits. In such a difficult environment, the rule of law generally, and corporate governance in particular, may seem not to count. Macroeconomic implosions dwarf subtle distinctions in corporate dividend rules or minority voting rights.
Do Norms Matter?: A Cross-Country Evaluation, John C. Coffee Jr.
Do Norms Matter?: A Cross-Country Evaluation, John C. Coffee Jr.
Faculty Scholarship
This Article starts with the recognition that the average private benefits of control vary significantly across countries. But why? The simplest explanation ascribes this variation to differences in law between jurisdictions: for example, the law of jurisdiction X could privilege controlling shareholders by allowing them to extract benefits from their corporation in the form of above-market salaries or non-pro-rata payments in connection with self-dealing transactions. But, this explanation cannot fit all cases. To illustrate, if the substantive law is essentially similar between two jurisdictions while the private benefits of control appear to be significantly different, then some other explanation must …
Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott
Transatlantic Perspectives On Partnership Law: Risk And Instability, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt
Competition Laws Of The European Union In The Face Of The New Single Currency Market, 33 J. Marshall L. Rev. 715 (2000), Rebecca Schoenfeldt
UIC Law Review
No abstract provided.
Corporate Governance Lessons From Russian Enterprise Fiascos, Merritt B. Fox, Michael A. Heller
Corporate Governance Lessons From Russian Enterprise Fiascos, Merritt B. Fox, Michael A. Heller
Articles
This Article draws on a rich array of deviant behavior in Russian enterprises to craft lessons for corporate governance theory. First, Professors Fox and Heller define corporate governance by looking to the economic functions of the firm. Based on this definition, they develop a typology that comprehensively shows all the channels through which bad corporate governance can inflict damage on a country's real economy. Second, they explain the causes of Russian enterprise fiascoes by looking to the particular initial conditions prevailing at privatization-untenable firm boundaries and insider allocation of firm shares-and the bargaining dynamics that have followed. This focus offers …
Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch
Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch
LLM Theses and Essays
The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …
International Joint Ventures Between France And The United States, Alexis Desreumaux
International Joint Ventures Between France And The United States, Alexis Desreumaux
LLM Theses and Essays
This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
Jehovah's Witnesses V. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status In Germany To Satisfy The "Meaning And Purpose Of Corporation Status" Test, Scott Kent Brown Ii
BYU Law Review
No abstract provided.
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
Washington International Law Journal
In 1947, Japan enacted the Act Concerning Prohibition of Monopolization and Maintenance of Fair Trade ("AMA"), known to some as the "Economic Constitution of Japan" because of its fundamental role in structuring Japan's economy. Among the most profound legislative provisions the 1947 AMA introduced to Japanese economic law are an absolute prohibition on pure holding companies and strict regulations upon stockholding by certain other types of companies. The legislature established these provisions as part of a plan to de-concentrate excessive economic power then wielded in the Japanese economy by large integrated enterprise complexes known as the zaibatsu. Fifty years …
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
The 1997 Deregulation Of Japan's Holding Companies, Andrew H. Thorson, Frank Siegfanz
Washington International Law Journal
In 1947, Japan enacted the Act Concerning Prohibition of Monopolization and Maintenance of Fair Trade ("AMA"), known to some as the "Economic Constitution of Japan" because of its fundamental role in structuring Japan's economy. Among the most profound legislative provisions the 1947 AMA introduced to Japanese economic law are an absolute prohibition on pure holding companies and strict regulations upon stockholding by certain other types of companies. The legislature established these provisions as part of a plan to de-concentrate excessive economic power then wielded in the Japanese economy by large integrated enterprise complexes known as the zaibatsu. Fifty years …
Potential Disregard Of The Corporate Entity & U.S. Subsidiary Invocation Of Japanese Parent's Treaty Rights, Eric K. Kawabata
Potential Disregard Of The Corporate Entity & U.S. Subsidiary Invocation Of Japanese Parent's Treaty Rights, Eric K. Kawabata
Washington International Law Journal
U.S. corporate subsidiaries of Japanese parent companies enjoy the same advantages of incorporation (e.g., liability limited to the amount of investment) and the same legal protections extended to domestically-held U.S. corporations (e.g., access to courts and various legal remedies). Thus, it would be a natural and logical assumption that U.S. subsidiaries of Japanese parent companies are required to comply with U.S. law in the same manner as domestically-held corporations. However, some U.S. subsidiaries, by asserting that they are, in reality, inseparable from their Japanese parent companies, have been allowed to avail themselves of exceptions to U.S. law under the U.S.-Japan …
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
Budweiser Or Budweiser, 32 J. Marshall L. Rev. 1251 (1999), Jitka Smith
UIC Law Review
No abstract provided.
Transatlantic Misunderstandings: Corporate Law And Societies, Caroline Bradley
Transatlantic Misunderstandings: Corporate Law And Societies, Caroline Bradley
University of Miami Law Review
No abstract provided.
Corporate Governance Reform In Russia: The Effectiveness Of The 1996 Russian Company Law, Gregory Wolk
Corporate Governance Reform In Russia: The Effectiveness Of The 1996 Russian Company Law, Gregory Wolk
Washington International Law Journal
During Post-Soviet privatization, widespread abuses of power in Russian corporations contributed to the economic malaise in that country. These abuses are attributed to the domination of firms by senior management. In January 1996, the Russian Company Law went into effect with very strong protections for minority shareholders as a means to curb these abuses. This Comment analyzes the effectiveness of the Russian Company Law in this regard over the past three years. It concludes that the law has been moderately successful given the extremely hostile conditions at the time of enactment, and thus, it is a model for other transitional …