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Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean 2012 UIC School of Law

Student Loans, Politics, And The Occupy Movement: Financial Aid Rebellion And Reform, 46 J. Marshall L. Rev. 105 (2012), Kamille Wolff Dean

UIC Law Review

No abstract provided.


Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke 2012 Northwestern Pritzker School of Law

Chuaigh Ár Lá – Debt Of A Gaelsman: Ireland’S Sovereign Debt Crisis, National And International Responses, James Croke

Northwestern Journal of International Law & Business

How did a small island nation on the periphery of Europe go from the pauper of the European Union, to a paragon of a market economy, and back to fiscal ruin within the space of twenty years? Ireland was the poorest nation in the European Economic Community (EEC) in 1988. In the late 1980’s and early 1990’s it undertook structural reforms to fundamentally reshape its economy, the result was a booming economy throughout the mid-to-late 1990’s and early 2000’s, primarily fueled by exports and foreign direct investment. Rather than continue on a sustained, but slower, growth path in the 2000’s, …


Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal 2012 Northwestern Pritzker School of Law

Contingent Capital In European Union Bank Restructuring, Christoph K. Henkel, Wulf A. Kaal

Northwestern Journal of International Law & Business

The uncoordinated reorganization and resolution of Systemically Important Financial Institutions in different countries pose many challenges. Contingent capital provides a viable alternative for the efficient restructuring and resolution of failing financial institutions. Contingent Capital provides a mechanism for internalizing banks’ failure costs and helps return distressed financial institutions to solvency. This article offers a comparative perspective on bank resolution and restructuring in the European Union, Switzerland, the United Kingdom and Germany and shows that Contingent Capital could play a substantial role in bank restructuring.


The Human Rights And Wrongs Of Foreign Direct Investment: Addressing The Need For An Analytical Framework, David Shea Bettwy 2012 US Chamber of Commerce

The Human Rights And Wrongs Of Foreign Direct Investment: Addressing The Need For An Analytical Framework, David Shea Bettwy

Richmond Journal of Global Law & Business

No abstract provided.


The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana 2012 University of Maryland Francis King Carey School of Law

The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana

Maryland Journal of International Law

No abstract provided.


Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke 2012 Klehr Harrison Harvey Branzburg LLP

Mezzanine Finance And Preferred Equity Investment In Commercial Real Estate: Security, Collateral & Control, Jon S. Robins, David E. Wallace, Mark Franke

Michigan Business & Entrepreneurial Law Review

This article will review both the genesis and the rise in popularity of preferred equity and mezzanine debt, examine their legal and structural differences, and provide some exposition as to how these financing techniques work from security, collateral and control standpoints. We do not undertake in this article to address the differences in tax and accounting treatment between mezzanine loans and preferred equity investments both for either the mezzanine lender or preferred equity investor on the one hand, or for the mezzanine borrower or the common equity investor, on the other hand. In deciding upon which structure to use, transaction …


The Meaning Of The Market Myth, Benjamin Means 2012 University of South Carolina School of Law

The Meaning Of The Market Myth, Benjamin Means

Michigan Business & Entrepreneurial Law Review

This Book Review contends that the perfectly rational market may be a myth, not just in the sense of a false or over-simplified account of reality, but also in the deeper, anthropological sense of cultural explanation. Part I describes how rational-market theories were developed by financial economists and applied to Wall Street, sometimes without adequate appreciation for the difference between simplified economic models and real-world behavior. Part II contends that if the rational-market theory has met with acceptance that outstrips its empirical support, the favorable reception may be explained in part by the theory’s congruence with broader normative views about …


A Very Quiet Revolution: A Primer On Securities Crowdfunding And Title Iii Of The Jobs Act, Thaya Brook Knight, Huiwen Leo, Adrian A. Ohmer 2012 CrowdCheck, Inc.

A Very Quiet Revolution: A Primer On Securities Crowdfunding And Title Iii Of The Jobs Act, Thaya Brook Knight, Huiwen Leo, Adrian A. Ohmer

Michigan Business & Entrepreneurial Law Review

This essay introduces the complex regulatory regime that governs the public sale of all securities, no matter how small the offeror. It is intended as a rudimentary roadmap for the start-up or its counsel and will, hopefully, help to illuminate the traps for the unwary while providing an overview of the regulatory universe in which securities crowdfunding will operate.


Private Equity In Brazil: Industry Overview And Regulatory Environment, Shannon Guy 2012 University of Michigan Law School

Private Equity In Brazil: Industry Overview And Regulatory Environment, Shannon Guy

Michigan Business & Entrepreneurial Law Review

The overall goal of this note is to paint a picture of the current state of the private equity industry in Brazil and the existing regulations which must be obeyed to participate as a private equity investor. Part II of this note provides a brief history of the private equity industry in Brazil, discusses recent investor interest in the growing area, and introduces the main regulatory bodies in Brazil. Part III explains several specific rules that govern a private equity investment by breaking down the “life” of a private equity investment into four stages: (1) setting up the private equity …


Venture Capital Investments In China: The Use Of Offshore Financing Structures And Corporate Relocations, Jing Li 2012 Tilburg University

Venture Capital Investments In China: The Use Of Offshore Financing Structures And Corporate Relocations, Jing Li

Michigan Business & Entrepreneurial Law Review

Based on an analysis of the relevant Chinese laws and regulations governing the corporate governance structure of venture capital (“VC”)-invested firms, as well as a discussion on the feasibility of employing different alternatives to make direct and indirect VC investments in Chinese portfolio firms, this article studies a hand-collected sample consisting of the twenty-nine VCbacked Chinese portfolio firms that have been financed and listed from 1990 to 2005 in order to empirically show how these investments were actually made in practice. The findings show that twenty-three out of the twentynine firms received their VC investments in various offshore holding entities, …


Some Suggestions For Tax Reform, Michael C. Durst 2012 Villanova University Charles Widger School of Law

Some Suggestions For Tax Reform, Michael C. Durst

Villanova Law Review (1956 - )

No abstract provided.


Offshore Accounts: Insider's Summary Of Fatca And Its Potential Future, J. Richard Harvey Jr. 2012 Villanova University Charles Widger School of Law

Offshore Accounts: Insider's Summary Of Fatca And Its Potential Future, J. Richard Harvey Jr.

Villanova Law Review (1956 - )

No abstract provided.


Back To The Future: Applying The Collateral Bars Of Section 925 Of The Dodd-Frank Act To Previous Bad Acts, Chad Howell 2012 University of Maryland Francis King Carey School of Law

Back To The Future: Applying The Collateral Bars Of Section 925 Of The Dodd-Frank Act To Previous Bad Acts, Chad Howell

Journal of Business & Technology Law

No abstract provided.


Tax Competition And The Case Of Bank Secrecy Rules: New Trends In International Tax Law, Linneu de Albuquerque Mello 2012 University of Michigan Law School

Tax Competition And The Case Of Bank Secrecy Rules: New Trends In International Tax Law, Linneu De Albuquerque Mello

SJD Dissertations

The current integration of world markets has led to an increase in the competition for businesses in addition to the competition for passive investments that already existed. In addition, the current financial crisis led countries to search for additional sources of revenue in order to work within their budget constraints. As tax is an area where such competition is more visible, it has also generated an effort – mainly from industrialized countries and international organizations – to curb tax practices deemed harmful to world economy. Bank secrecy rules and lack of transparency are aspects of these "harmful" tax practices. This …


The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini 2012 John Marshall Law School

The Global Subprime Crisis As Explained By The Contrast Between American Contracts Law And Civil Law Countries' Laws, Practices And Expectations In Real Estate Transactions: How The Lack Of Informed Consent And The Absence Of The Civil Law Notary In The United States Contribute To The Global Crisis In Subprime Mortgage Investments, 11 J. Int'l Bus. & L. 133 (2012), Celeste M. Hammond, Ilaria Landini

UIC Law Open Access Faculty Scholarship

No abstract provided.


Impacts And Implementation Of The Basel Accords: Contrasting Argentina, Brazil, And Chile, Kristina Bergess 2012 Claremont McKenna College

Impacts And Implementation Of The Basel Accords: Contrasting Argentina, Brazil, And Chile, Kristina Bergess

CMC Senior Theses

This thesis explores the impacts of implementing the Basel Accords on the stability of the banking sector and greater economy, and will particularly focus on Basel II. This study contrasts three Latin American governments that have implemented the Basel Accords. Because Chile's and Brazil's banking sectors have been more successful in implementing the Basel Accords, they will be used as model cases to provide the context to analyze Argentina’s banking sector. The results of this thesis reveal that in order for Argentina to stabilize its banking sector and become a stronger international financial player, it must not only improve the …


More Money, More Problems: How Oklahoma’S Novel Approach To Ponzi Scheme Clawbacks In Oklahoma Department Of Securities Ex Rel. Faught V. Blair Means More Uncertainty For Investors, Elizabeth Blair Wozobski 2012 University of Oklahoma College of Law

More Money, More Problems: How Oklahoma’S Novel Approach To Ponzi Scheme Clawbacks In Oklahoma Department Of Securities Ex Rel. Faught V. Blair Means More Uncertainty For Investors, Elizabeth Blair Wozobski

Oklahoma Law Review

No abstract provided.


How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong 2012 University of Oklahoma College of Law

How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong

Oklahoma Law Review

No abstract provided.


Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax 2012 California Western School of Law

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Indiana Law Journal

This Essay proposes that the rules governing financial conflicts of interest for scientists within the National Institutes of Health apply to scientists at Academic Medical Centers because scientists at both places receive federal funding. The rules governing financial conflicts of interest within the National Institutes of Health are stricter than the rules at Academic Medical Centers. The cornerstone of financial conflicts of interest rules at Academic Medical Centers is disclosure, which is inadequate. This Essay builds on previous work calling for significant changes to rules addressing financial conflicts of interest, and it promotes changes by calling for the application of …


Behaviorally Informed Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir 2012 University of Michigan Law School

Behaviorally Informed Regulation, Michael S. Barr, Sendhil Mullainathan, Eldar Shafir

Book Chapters

Policy makers typically approach human behavior from the perspective of the rational agent model, which relics on normativc, a priori analyses. The model assumes people make insightful, well-planned, highly controlled, and calculated decisions guided by considerations of personal utility. This perspective is promoted in the social sciences and in professional schools and has come to dominate much of the formulation and conduct of policy. An alternative view, developed mostly through empirical behavioral research, and the one we will articulate here, provides a substantially difierent perspective on individual behavior and its policy and regulatory implications. According to the empirical perspective, behavior …


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