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Comparative and Foreign Law

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Articles 451 - 480 of 689

Full-Text Articles in Law and Economics

Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker Nov 2014

Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker

Georgia Journal of International & Comparative Law

No abstract provided.


German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson Nov 2014

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.


Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley Oct 2014

Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Framework For Private Sector Development In A Transitional Economy: The Case Of Poland, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller, Peter G. Ianachkov, Daniel T. Ostas Oct 2014

The Legal Framework For Private Sector Development In A Transitional Economy: The Case Of Poland, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller, Peter G. Ianachkov, Daniel T. Ostas

Georgia Journal of International & Comparative Law

No abstract provided.


Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy Oct 2014

Understanding The Islamic Prohibition Of Interest: A Guide To Aid Economic Cooperation Between The Islamic And Western Worlds, Hesham M. Sharawy

Georgia Journal of International & Comparative Law

No abstract provided.


The Connection Between A Property-Based Legal System And National Prosperity: Example From A Divided Germany Reunified, O. Lee Reed, Florian A. Stamm Oct 2014

The Connection Between A Property-Based Legal System And National Prosperity: Example From A Divided Germany Reunified, O. Lee Reed, Florian A. Stamm

Georgia Journal of International & Comparative Law

No abstract provided.


Mercosur: The Common Market Of The Twenty-First Century?, Rafael A. Porrata-Doria Sep 2014

Mercosur: The Common Market Of The Twenty-First Century?, Rafael A. Porrata-Doria

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm Sep 2014

A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm

Georgia Journal of International & Comparative Law

No abstract provided.


The Privatization Challenge In Guyana, Elizabeth A. Reid Sep 2014

The Privatization Challenge In Guyana, Elizabeth A. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


Which Patent Systems Are Better For Inventors?, James Bessen, Grid Thoma Sep 2014

Which Patent Systems Are Better For Inventors?, James Bessen, Grid Thoma

Faculty Scholarship

International comparisons of patent systems are essential to harmonization treaties and to analyze economic growth. Yet these comparisons often rely on little but conventional wisdom. This paper develops an empirical method to compare the economic strength and quality of patent systems by using renewal analysis of matched patents in different countries (same patent family). Comparing patents on the same inventions filed at the EPO for Germany and in the US, we find that the German patents generate substantially greater market power than their US equivalents, especially for small inventors. Also, the average US patent has relatively lower economic value (“quality”).


U.S.-China Trade: Opportunities And Challenges - Keynote Address, Theodore W. Kassinger Sep 2014

U.S.-China Trade: Opportunities And Challenges - Keynote Address, Theodore W. Kassinger

Georgia Journal of International & Comparative Law

No abstract provided.


From Mandela And Mlk To Beecom And The Sba: Laying The Groundwork For Equality Through Business Development Programs In South Africa And The United States, Daniel M. Ludlam Sep 2014

From Mandela And Mlk To Beecom And The Sba: Laying The Groundwork For Equality Through Business Development Programs In South Africa And The United States, Daniel M. Ludlam

Georgia Journal of International & Comparative Law

No abstract provided.


Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera Sep 2014

Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union's Competence In International Trade After The Treaty Of Lisbon, Youri Devuyst Sep 2014

The European Union's Competence In International Trade After The Treaty Of Lisbon, Youri Devuyst

Georgia Journal of International & Comparative Law

No abstract provided.


Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory Sep 2014

Germany And The U.S. Present: A Roadmap For Protecting State Sovereignty In The European Stability Mechanism, Matthew Gregory

Georgia Journal of International & Comparative Law

No abstract provided.


Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, Mason F. Reid Sep 2014

Health Care For Low-Income Classes In An Individual Mandate System: Lessons The United States Can Learn From Switzerland, Mason F. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Government Should Play In The American Recovery And Reinvestment Act 2009, Jungmi Bang Aug 2014

The Role Government Should Play In The American Recovery And Reinvestment Act 2009, Jungmi Bang

Maurer Theses and Dissertations

The purpose of this research is to determine the most effective way to administer an economic stimulation act and what role the government should play. More specifically, the paper will discuss administrative problems and limitations, such as the government’s possible disengagement from the real market stake holders’ assessment in the ARRA and will provide possible solutions to eliminate or minimize those defects. Ultimately, the research seeks to satisfy the real market stake holders’ expectation by analyzing the pros and cons of the ARRA, and by comparing Korea’s administrative approach to adopting an economic stimulation plan in the real market with …


The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In Jul 2014

The Controversy Of Trade In Tobacco And Protection Ofpublic Health, A Study Of Tobacco Control Measures Andimpacts On Trademark Practice: The Stricter, The Better?, Nattapong Suwan-In

Indonesian Journal of International Law

This paper investigates the anticipated trademark problems may result from tobacco control regulations, particularly the warning label requirements implemented in WTO members and the stricter regulation of plain packaging promulgated in Australia (“tobacco measures”). Following the adoption of the Framework Convention on Tobacco Control (“FCTC”) in May 2003 (enforce by February 2005), member countries tend to seek for possibilities to implement and use stricter approach to achieve their public health policy. As the core concept and main goal of WTO is trade liberalization, regardless of types of goods traded among members, whereas the stricter restriction on trademark use means the …


Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern May 2014

Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern

Georgetown Law Faculty Publications and Other Works

Cross-border bank resolution efforts focus on burden-sharing between bank owners, private creditors and the public. There is little talk of burden-sharing among governments, despite the rich history of governments trying to stick one another with the cost of financial conglomerate failures. There is an unspoken fear that acknowledging the need to allocate losses among governments would undermine post-crisis pledges of No More Bailouts. This symposium essay argues for making government stakes in private financial firms more transparent, and for using the contingent public share as a key to loss allocation among governments in cross-border banking crises.


Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton Mar 2014

Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton

Seattle University Law Review

Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …


The Timing And Source Of Regulation, Frank Partnoy Mar 2014

The Timing And Source Of Regulation, Frank Partnoy

Seattle University Law Review

The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …


Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon Mar 2014

Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon

Seattle University Law Review

Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …


Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper Mar 2014

Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper

Seattle University Law Review

This Article considers the historical basis for the shift from defined benefit plans to defined contribution plans, the structural and practical shortcomings of defined contribution plans, alternate pension models, and adjustments to existing retirement plan models that may offer a degree of protection to plan contributors. Like the United States, Australia is now realizing the limitations of a defined contribution retirement system insofar as it relates the provision of reliable retirement income for a population with increasing life expectancy. Unlike defined contribution plans, defined benefit plans provide a benefit based typically on time served and a predetermined proportion of either …


Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon Mar 2014

Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon

Seattle University Law Review

The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …


Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals Jan 2014

Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals

The Journal of Business, Entrepreneurship & the Law

This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …


Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr. Jan 2014

Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.

Journal of Business & Technology Law

No abstract provided.


Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, Anu Bradford Jan 2014

Exporting Standards: The Externalization Of The Eu's Regulatory Power Via Markets, Anu Bradford

Faculty Scholarship

This Article examines the unprecedented and deeply underestimated global power that the EU is exercising through its legal institutions and standards, and how it successfully exports that influence to the rest of the world. Introducing the notion of “the Brussels Effect,” the Article shows how market forces alone are sufficient to convert EU standards into global standards. Without the need to use international institutions or seek other nations’ cooperation, the EU has a strong and growing ability to promulgate regulations that become entrenched in the legal frameworks of developed and developing markets alike, leading to a notable “Europeanization” of many …


Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim Jan 2014

Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim

Articles

Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …


Household Regulation And European Integration: The Family Portrait Of A Crisis, Philomila Tsoukala Jan 2014

Household Regulation And European Integration: The Family Portrait Of A Crisis, Philomila Tsoukala

Georgetown Law Faculty Publications and Other Works

This article develops a theoretical framework for analyzing the regulation of the household and its effects on the economy. Incorporating insights from family economics, comparative family law, legal realism, political economy and feminism, it describes the array of different legal regimes that can affect household composition and function. The article then analyzes the case of Greece using this framework. It argues that the role of households organized as families was a central element in the Greek debt crisis, overlooked by scholars and policymakers alike. It identifies the host of legal regimes that helped consolidate families as the main providers of …


Export Controls: A Contemporary History, Bert Chapman Dec 2013

Export Controls: A Contemporary History, Bert Chapman

Libraries Faculty and Staff Presentations

Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.