Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008,
2010
University of Michigan School of Law
Judicial Independence And Company Law In The Shanghai People's Courts, 1992-2008, Nicholas C. Howson
Book Chapters
This chapter draws on a detailed study of corporate law adjudication in Shanghai from 1992 to 2008. The purpose of the study was to better understand the demonstrated technical competence, institutional autonomy, and political independence of one court system in the People's Republic of China ("PRC") in a sector outside of the criminal law. The study consisted of a detailed examination and comparison of full-length corporate law opinions for more than 200 reported cases, a 2003 Shanghai High Court opinion on the 1994 Company Law (describing a decade of corporate case outcomes), a 2007 report on cases implementing the Company …
Citizens United And The Corporate Form,
2010
University of Michigan Law School
Citizens United And The Corporate Form, Reuven S. Avi-Yonah
Articles
In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This Article argues that by viewing Citizens Unitedthrough the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict …
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel,
2010
University of Michigan Law School
Reflections On Section 5 Of The Ftc Act And The Ftc's Case Against Intel, Daniel A. Crane
Articles
The Federal Trade Commission’s (“FTC’s”) unprecedented enforcement action against Intel raises profound issues concerning the scope of the FTC’s powers to give a construction to Section 5 of the FTC Act that goes beyond the substantive reach of the Sherman Act. While I have urged the FTC to assert such independence from the Sherman Act, this is the wrong case to make a break. Indeed, if anything, Intel poses a risk of seriously setting back the development of an independent Section 5 power by provoking a hostile appellate court to rebuke the FTC’s effort and cabin the FTC’s powers in …
Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State,
2010
University of Michigan Law School
Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas C. Howson
Articles
In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …
Between Formulary Apportionment And The Oecd Guidelines: A Proposal For Reconciliation,
2010
University of Michigan Law School
Between Formulary Apportionment And The Oecd Guidelines: A Proposal For Reconciliation, Reuven S. Avi-Yonah
Articles
In the last 30 years, a debate has been raging in international tax circles between advocates of the OECD Transfer Pricing Guidelines and the arm’s length standard (ALS) they embody, on the one hand, and advocates of formulary apportionment (FA) on the other. After the adoption of the 1995 regulations and the new OECD Guidelines, the debate became quieter for a while, because everyone was waiting to see whether the issue had been resolved. However, while there have been few decided cases, it is clear by now that the transfer pricing problem is as bad as it ever was. That …
Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006,
2010
Fordham Law School
Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006, Rodney D. Chrisman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Quantitative Proof Of Reputational Harm,
2010
Fordham Law School
Quantitative Proof Of Reputational Harm, Meiring De Villiers
Fordham Journal of Corporate & Financial Law
No abstract provided.
Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation
,
2010
Fordham Law School
Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation , Sarah Pei Woo
Fordham Journal of Corporate & Financial Law
No abstract provided.
Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia,
2010
Fordham Law School
Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia, Eleonora Gerasimchuk
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public ,
2010
Fordham Law School
A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public , Jeff Goetz
Fordham Journal of Corporate & Financial Law
No abstract provided.
I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act,
2010
Fordham Law School
I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act, Jeffrey E. Ouijano, Rodney P. Mock
Fordham Journal of Corporate & Financial Law
No abstract provided.
In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard,
2010
Fordham Law School
In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker
Fordham Journal of Corporate & Financial Law
No abstract provided.
Symposium: The Regulation Of Investment Funds,
2010
U.S. Securities and Exchange Commission
Symposium: The Regulation Of Investment Funds, Andrew J. Donohue, Paul N. Roth, Mattew B. Siano, J.W. Verret
Fordham Journal of Corporate & Financial Law
Symposium: The Regulation Of Investment Funds
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York,
2010
Fordham Law School
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley
Fordham Journal of Corporate & Financial Law
No abstract provided.
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers,
2010
Fordham Law School
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov
Fordham Journal of Corporate & Financial Law
No abstract provided.
Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions,
2010
Fordham Law School
Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions, W. R. Koprowski, Steven J. Arsenault, Michael Cipriano
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Short History Of Tontines,
2010
Fordham Law School
A Short History Of Tontines, Kent Mckeever
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law,
2010
Fordham Law School
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
Fordham Journal of Corporate & Financial Law
No abstract provided.
Commentary: The Federalization Of Nonprofit Regulation And Its Discontents,
2010
Elisabeth Haub School of Law at Pace University
Commentary: The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The Internal Revenue Service, at the instigation of the Senate Finance committee-the Service's primary congressional overseer-has commenced a corporate governance initiative by issuing announcements and guidelines, as well as providing educational advice as to how charities' internal affairs should be ordered. The Service also has revised the Form 990 Annual Information Return, a publicly available document, so that it contains mandatory corporate governance questions.2 Nonprofit organizations traditionally have been creatures of state law and overseen by state agencies and regulators.3 What is unique about the corporate governance initiative is the Service's admission that it lacks express statutory authority for this …
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative,
2010
Elisabeth Haub School of Law at Pace University
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The Internal Revenue Service, the primary federal regulator of charities, has initiated a corporate governance initiative. The intervention by the Internal Revenue Service into an area traditionally the preserve of state nonprofit corporate law has little relationship to issues of tax compliance. This corporate governance initiative has been accomplished in the face of IRS acknowledgement that it has no statutory authority relating to these issues. Yet, the power of the Service to recognize tax exempt status and the method it has used to ensure it vision of correct corporate governance practices through a series of questions when an organization applies …
