A Trending Use Of Insulation And A Temporary Way Out, 4 J. Marshall Global Mkt. L.J. 51 (2016),
2016
UIC School of Law
A Trending Use Of Insulation And A Temporary Way Out, 4 J. Marshall Global Mkt. L.J. 51 (2016), Jennifer Leung
John Marshall Global Markets Law Journal
In order to understand the constitutionality of the SEC’s administrative process, Part II of this Article begins with a history of Article II’s Appointments Clause. Part III describes the competing theories resulting from a circuit split, specifically Hill v. Securities & Exchange Commission and Bebo v. Securities Exchange Commission. Part IV of this Article then evaluates the impact of the Appointments Clause on the Dodd-Frank Act and discusses the consequences of raising meritless constitutional questions that jeopardize the intent of the Dodd-Frank Act. Subsection IV.A. explains the exhaustion doctrine and subsection IV.B. explores Congress’s intent of implementing the Dodd-Frank Act, …
Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States, 15 J. Marshall Rev. Intell. Prop. L. 228 (2016),
2016
UIC School of Law
Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States, 15 J. Marshall Rev. Intell. Prop. L. 228 (2016), Daria Kim
UIC Review of Intellectual Property Law
The article addresses specifics of trade secret protection under international investment law. As a particular example, it analyzes protection of pharmaceutical regulatory data against the background of the growing public policy campaign for broader access to clinical trial data and the recent unprecedented practice of the European Medicines Agency of disclosing clinical dossiers submitted for drug marketing approval. Given the significant role of foreign direct investment in the global pharmaceutical industry and substantial, exponentially increasing costs incurred by drug originator companies in conducting clinical trials, the prospect of investor-state dispute over data disclosure does not appear purely hypothetical. The question …
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities,
2016
Osgoode Hall Law School of York University
Corruption And Development: The Need Of International Investigations With A Multijurisdictional Approach And The Involvement Of Multilateral Development Banks With National Authorities, Juan Ronderos, Michelle Ratpan, Andrea Osorio Rincon
Osgoode Legal Studies Research Paper Series
The authors argue that while both Multilateral Development Banks (MDBs) and national governments have mechanisms to fight corruption, the outcomes of these enforcement mechanisms diverge. MDBs are interested in the causes and effects of corruption from a development perspective and, as such, tend to sanction Small and Medium Enterprises and individuals, while national governments are focused on a more punitive outcome, targeting larger multinational corporations. The article examines the enforcement objectives articulated in national legislation, namely the American Foreign and Corrupt Practices Act and its Canadian counterpart (the CFPOA) as well as several Canadian cases, on the one hand, and …
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016),
2016
John Marshall Law School
Treating The New European Disease Of Consumer Debt In A Post-Communist State: The Groundbreaking New Russian Personal Insolvency Law, 41 Brook. J. Int'l L. 655 (2016), Jason J. Kilborn
UIC Law Open Access Faculty Scholarship
This article examines the tumultuous transition from restrictive Communism to the debt-fueled consumer economy of modern Russia. In particular, it surveys Russia’s legal response to severe debt distress, situating it in the context of nearly one thousand years of historical development. Effective 1 October 2015, Russia finally joined most of its European neighbors in adopting a personal bankruptcy law, with characteristics that reflect both evolving international best practices and a series of lessons not learned. This article offers the first detailed exposition in English of the two steps forward represented by this new law, as well as an evaluation of …
Undermining Bitcoin,
2016
University of Washington School of Law
Undermining Bitcoin, Sam Hampton
Washington Journal of Law, Technology & Arts
In March 2014, the IRS issued a notice detailing the tax treatment the agency would apply to virtual currencies such as Bitcoin. Although applauded by some as a step towards legal legitimacy for this new technology, the IRS’s position severely undermines the transactional utility of virtual currencies. Using tax rules established for traditional property transactions frustrates one of virtual currencies’ principal purposes: its use as a medium of exchange. Tax compliance requires calculation and payment of capital gains tax, which necessitates documentation of all acquisitions and dispositions of virtual currencies. This tax treatment will likely discourage the use of these …
Friends With Benefits: Analyzing The Implications Of United States V. Newman For The Future Of Insider Trading,
2016
American University Washington College of Law
Friends With Benefits: Analyzing The Implications Of United States V. Newman For The Future Of Insider Trading, Tebsy Paul
American University Business Law Review
No abstract provided.
The Macroprudential Quandary: Unsystematic Efforts To Reform Financial Regulation,
2016
Duke Law School
The Macroprudential Quandary: Unsystematic Efforts To Reform Financial Regulation, Kern Alexander, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
The Political Economy Of Corporate Financial Regulatory Legislation, 49 J. Marshall L. Rev. 679 (2016),
2016
UIC School of Law
The Political Economy Of Corporate Financial Regulatory Legislation, 49 J. Marshall L. Rev. 679 (2016), Michael Patrick Wilt
UIC Law Review
This article will discuss corporate financial regulatory legislation and its enforcement at the federal level in light of interest group politics and will seek to develop a better understanding of how federal corporate financial regulatory legislation is enacted by examining legislative history. The goal of this article is to provide an overview of the legislative history of two important laws (the Foreign Corrupt Practices Act and the Sarbanes Oxley Act) and how interest group politics affected their passage. “Business” interests (in general) are different from the interests of the accounting industry, and both interest groups will be considered. Unlike most …
Contingent Constitutionality, Legislative Facts, And Campaign Finance,
2016
Barry University
Contingent Constitutionality, Legislative Facts, And Campaign Finance, Michael T. Morley
Faculty Scholarship
No abstract provided.
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus,
2016
Barry University
Lack Of Marketability And Minority Discounts In Valuing Close Corporation Stock: Elusiveness And Judicial Synchrony In Pursuit Of Equitable Consensus, Stephen J. Leacock
Faculty Scholarship
No abstract provided.
Regulating The U.S. Treasury Market,
2016
Florida International University College of Law at Miami
Financial Stability, Financial Services, And The Single Market,
2016
University of Miami School of Law
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Articles
No abstract provided.
Economic Ideology And The Rise Of The Firm As Criminal Enterprise,
2016
University of Missouri - Kansas City, School of Law
Economic Ideology And The Rise Of The Firm As Criminal Enterprise, June Carbone, William K. Black
Faculty Works
No abstract provided.
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation,
2016
University of Nevada, Las Vegas -- William S. Boyd School of Law
Hurrah For The Consumer Financial Protection Bureau: Consumer Arbitration As A Poster Child For Regulation, Jean R. Sternlight
Scholarly Works
Drawing on economic, psychological and philosophical considerations, this Essay considers whether consumers should be "free" to "agree" to contractually trade their opportunity to litigate in a class action for the opportunity to bring an arbitration claim against a company. The Essay suggests that by looking at the CFPB's regulation through these three lenses, one sees that the regulation is desirable—even a poster child—for the potential value of regulation when market forces are not sufficient to protect individual or public interests.
Preserving The Corporate Superego In A Time Of Activism: An Essay On Ethics And Economics,
2016
Columbia Law School
Preserving The Corporate Superego In A Time Of Activism: An Essay On Ethics And Economics, John C. Coffee Jr.
Faculty Scholarship
This essay focuses on the impact of recent changes in corporate governance on ethical behavior within the public corporation. It argues that a style of corporate behavior – one characterized by a risk tolerant, even reckless, pursuit of short-term profits and a disregard for the interests of non-shareholder constituencies – is attributable in significant part to recent changes in corporate governance, including the rise of hedge fund activism, greater use of incentive compensation, and the appearance of blockholder directors. It then surveys feasible responses intended to strengthen the role of the boards as the corporation’s conscience and superego. Given the …
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip,
2016
Osgoode Hall Law School of York University
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten
Osgoode Legal Studies Research Paper Series
In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, I outline key flaws in this proposal, including language buried in the text that significantly undermines the EC's proposed provisions on the investment court system (ICS) and on the right to regulate.
Electronic Verification Of Wire Payment Orders,
2016
Osgoode Hall Law School of York University
Electronic Verification Of Wire Payment Orders, Benjamin Geva
Osgoode Legal Studies Research Paper Series
Over the years, albeit less so in connection with consumer accounts, the bank's absolute liability became subject to exceptions. Particularly, bypassing a classical text explicitly to the contrary, it had been recognized that a customer's fault can lead to the forgery of the customer's own signature and hence to forgery losses.
From Paper To Electronic Order: The Digitalization Of The Check In The Usa,
2016
Osgoode Hall Law School of York University
From Paper To Electronic Order: The Digitalization Of The Check In The Usa, Benjamin Geva
Osgoode Legal Studies Research Paper Series
This article explores the various stages in the check payment in which electronic transmission has replaced physical delivery. Part I discusses converting the check into an electronic entry at a point of sale of goods and services. Part II addresses the electronic presentment of a check. Part III deals with the possible conversion of the check from paper to electronic, and vice versa, within the interbank check collection system. Interbank exchange of check images is the subject of Part IV. Part V addresses the electronic order that operates like a check but that has never been in a paper format. …
Best Practice For The Uniform Treatment Of Wire Payments,
2016
Osgoode Hall Law School of York University
Best Practice For The Uniform Treatment Of Wire Payments, Benjamin Geva
Osgoode Legal Studies Research Paper Series
Like any method of payment, the wire transfer may be either an "on-us" or interbank payment. In Canada, as long as they are between large banks, interbank wire payments are processed through the Canadian Payments Association's ("CPA") Large Value Transfer System ("LVTS").
Banking, Payments And Negotiable Instruments: 2015-16,
2016
Osgoode Hall Law School of York University
Banking, Payments And Negotiable Instruments: 2015-16, Benjamin Geva
Osgoode Course Casebooks
Course Number 2420
