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Full-Text Articles in Contracts

A People's History Of Collective Action Clauses, W. Mark C. Weidemaier, Mitu Gulati Dec 2012

A People's History Of Collective Action Clauses, W. Mark C. Weidemaier, Mitu Gulati

W. Mark C. Weidemaier

For two decades, collective action clauses (CACs) have been part of the official-sector response to sovereign debt crisis, justified by claims that these clauses can help prevent bailouts and shift the burden of restructuring onto the private sector. Reform efforts in the 1990s and 2000s focused on CACs. So do efforts in the Eurozone today. CACs have even been suggested as the cure for the US municipal bond market. But bonds without CACs are still issued in major markets, so reformers feel obliged to explain why they know better. Over time, a narrative has emerged to justify pro-CAC reforms. It …


Sovereign Debt After Nml V. Argentina, W. Mark C. Weidemaier Dec 2012

Sovereign Debt After Nml V. Argentina, W. Mark C. Weidemaier

W. Mark C. Weidemaier

The conventional wisdom is that sovereigns repay their debts not because they fear litigation but because they wish to preserve their reputation in the capital markets or because they have some other incentive to repay. The ongoing case of NML Capital v. Argentina has the potential to shatter this consensus. A panel of the US Court of Appeals for the Second Circuit has approved a novel injunction, which requires Argentina to make full payment to holdouts who declined to participate in its post-2001 debt restructuring if the country intends to pay restructuring participants. The decision has caused market turmoil and …


Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein Dec 2012

Taxing Missy: Operation Gold And The 2012 Proposed Olympic Tax Elimination Act, Kathryn Kisska-Schulze, Adam Epstein

Adam Epstein

The purpose of this article is to explore the legal and tax environment surrounding the August 1, 2012 bill referred to as the Olympic Tax Elimination Act (OTEA) which was introduced in the U.S. Senate to exempt from gross income the prize money earned by U.S. Olympians from the United States Olympic Committee (USOC) for earning a gold, silver or bronze medal. The OTEA came at a time when American economic growth has been stagnant, and income tax issues became a hotly contested political debate for the 2012 Presidential election. The article explores how tax issues have weaved their way …


Missouri Sports Law, Adam Epstein Dec 2012

Missouri Sports Law, Adam Epstein

Adam Epstein

The purpose of this paper is to present a brief perspective and overview on how individuals and teams associated with the state of Missouri have had an impact on sports law in general. This article synthesizes Missouri-related cases and decisions, demonstrating that the legal issues are quite broad and varied in this area of the law. Some represent significant state and federal sports law cases including those that have been initiated in or traveled through Missouri via the Eighth Circuit Court of Appeals.


Surveying Colorado Sports Law, Adam Epstein Dec 2012

Surveying Colorado Sports Law, Adam Epstein

Adam Epstein

The purpose of this article is to provide an overview and explore some of the major sports law cases that have emanated from within the four corners of the state of Colorado or maneuvered through Denver’s Tenth Circuit Court of Appeals. Colorado is a prime location for a wide range of cutting edge cases, decisions, discussions and events which have an impact on the relationship between sports and the law among the professional, amateur and recreational environments. Legal issues at Colorado-based educational institutions appear to have an affinity for and history of exposing and challenging the authority of NCAA policies.