Accidental Corporate Social Norms,
2024
University of Houston - Main
Accidental Corporate Social Norms, David Kwok
American University Business Law Review
Corporations deliberately attempt to shape social norms through advertising, publicity, and political contributions. This paper considers the threat of corporations’ accidental influence on social norms and expectations. When corporations have accidents, we frequently focus on direct harms: an oil platform may catch fire and explode, leading to environmental and human losses. These accidents may also impact social norms, though. If users stay with a dominant social networking firm despite repeated data privacy breaches, for example, people might come to accept a lack of data privacy. Dominant firms may inadvertently facilitate rapid reshaping of societal expectations. Judicial recognition of this threat …
Clothes Captioning: The Demand For A Sustainable Fashion Industry And The European Union’S Push For Digital Product Passports,
2024
American University Washington College of Law
Clothes Captioning: The Demand For A Sustainable Fashion Industry And The European Union’S Push For Digital Product Passports, Grace Baer
American University Business Law Review
First, this Comment will provide background on the demand for transparency on the fashion industry, its response, and the regulatory framework proposed by the EU. Then, Part III will argue that the ESPR and the SSCT fall short of meeting the EU’s objectives because their requirements, as applied to textiles, are too stringent; their enforcement and effect on trade partners too disparate; and the risk of businesses’ intellectual property too high. In Part IV, this Comment will recommend that the EU strengthen its proposals by providing guidance on enforcement, equal treatment of small and medium-sized enterprises (“SMEs”) in the textile …
Rediscovering Adam Smith: An Inquiry In The Rule Of Law, Competition, And The Future Of The Federal Trade Comission,
2024
American University Washington College of Law
Rediscovering Adam Smith: An Inquiry In The Rule Of Law, Competition, And The Future Of The Federal Trade Comission, Melissa Holyoak, Christopher G. Mufarrige
American University Business Law Review
It is my privilege to be here to celebrate the 40th anniversary of the Competitive Enterprise Institute (³CEI´), along with the 300th birthday of Adam Smith. For decades, CEI has been at the vanguard of free-market advocacy, and it is wonderful to combine CEI's anniversary with a celebration of Adam Smith. I will start with a standard disclaimer: The views I express today are my own. They do not necessarily represent those of the Federal Trade Commission (FTC or ³Commission´) or any other commissioner.
U.S. Securities And Exchange Commission And The "Deep Administrative State": A Case Study Of Its Esg Rules,
2024
Florida International University College of Law
U.S. Securities And Exchange Commission And The "Deep Administrative State": A Case Study Of Its Esg Rules, Jerry W. Markham
American University Business Law Review
This study examines the highly controversial “environmental, social, and governance” (ESG) rules that were adopted by the Securities and Exchange Commission (SEC) in 2024. Those rules require large public companies to disclose their policies for dealing with climate change and report their greenhouse gas emissions. Critics charge that those rules are the product of a “deep state” administrative agency that is operating outside the checks and balances imposed by the Constitution on other government actors. The study relates the background for these deep state concerns and the constitutional and statutory restraints that were intended to prevent the development of such …
Hollywood's Triple Threat: Writers, Actors, And Antitrust Regulators Take On The Streaming Giants,
2024
American University Washington College of Law
Hollywood's Triple Threat: Writers, Actors, And Antitrust Regulators Take On The Streaming Giants, Remy S. Farkas
American University Business Law Review
In the summer of 2023, Hollywood froze when actors, writers, and crew took to the picket lines. Their gripe: the recent mega mergers by media conglomerates. The Writers Guild Association and Screen Actors Guild American Federation of Television and Radio Artists joined forces to protest recent acquisitions by Disney, Amazon, and Netflix; these companies vertically integrated within the industry, which allowed them to exploit workers, limit content, and raise prices for consumers. In the same summer, the Department of Justice and Federal Trade Commission released Draft Merger Guidelines, which included thirteen new guidelines for evaluating whether a merger violates antitrust …
State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize,
2024
American University Washington College of Law
State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize, Caitlyn Lindstrom
American University Business Law Review
Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where Indians believe that states are violating legislation or regulations prohibiting state taxation, the Court follows the Bracker balancing test, an interest balancing test that weighs state, federal, and tribal interests. As with most balancing tests, this test lacks strict guidance on how to properly weigh certain …
Growing Tensions: Consumer Privacy And Corporate Disclosures,
2024
University of Oklahoma College of Law
Growing Tensions: Consumer Privacy And Corporate Disclosures, Megan Wischmeier Shaner
Faculty Articles
Data privacy and data security have become key issues for legislators, regulators, and individual citizens. Roughly two-thirds of Americans believe their data is being regularly tracked, monitored, and collected by companies and the government. A majority of U.S. adults also believe their data is less secure today than five years ago, expressing concerns that they have little control over how their personal information is being used and that the entities who control their data are not responsible stewards. In the absence of comprehensive federal regulation, a continuous stream of privacy statutes have been proposed at the state level. Beginning with …
The Importance Of Protecting Depositors In The Banking Industry In Myanmar,
2024
Faculty of Law
The Importance Of Protecting Depositors In The Banking Industry In Myanmar, Hnin Shwe Sin Htet
Chulalongkorn University Theses and Dissertations (Chula ETD)
Economic shocks have been precipitated by financial instability, which has impeded economic advancement and adversely affected numerous emerging nations. The financial sector is considered indispensable to the growth of an economy due to the repercussions of financial instability. As a result, numerous nations have enhanced their regulatory and supervisory frameworks to ensure that banks operate in a stable economic environment and maintain the stability of the financial system. Furthermore, in order to bolster the prudential oversight and supervision that central banks provide, as well as their role as lenders of last resort, numerous countries have implemented deposit insurance schemes. In …
Exploring The Patentability Of Computer Software In Thailand: A Comparative Study With The Us, Eu, Japanese, And Korean Patent Laws,
2024
Faculty of Law
Exploring The Patentability Of Computer Software In Thailand: A Comparative Study With The Us, Eu, Japanese, And Korean Patent Laws, Panida Pornpattra
Chulalongkorn University Theses and Dissertations (Chula ETD)
The patentability of software or computer programs is an ongoing issue within legal and technical communities worldwide, especially with the rise of artificial intelligence and machine learning technologies. Software or computer programs in Thailand are protected as literary works under the Copyright Act B.E. 2537 (1994), where they are defined as ‘instructions, sets of instructions, or any other components used in conjunction with a computer to make the computer work or to generate a result no matter what the computer language is.' In contrast, the Thai Patent Act B.E. 2522 (1979) does not adopt this definition. Instead, it explicitly excludes …
Disciplining The Responses To Cross-Border Subsidies: The Case Study Of Eu And Us Trade Remedy Investigations Against Products From Indonesia And Thailand,
2024
Faculty of Law
Disciplining The Responses To Cross-Border Subsidies: The Case Study Of Eu And Us Trade Remedy Investigations Against Products From Indonesia And Thailand, Jia Zhen Cen
Chulalongkorn University Theses and Dissertations (Chula ETD)
The geopolitical confrontation between the United States and China extends across various levels and domains, with trade being one of the most prominent arenas. Subsidies, a longstanding source of contention in international trade, have become an even more contentious issue following China’s launch of the Belt and Road Initiative (BRI) in 2013. Traditionally, subsidies are provided by a government to its domestic producers, and WTO subsidy rules allow its Members to take countervailing measures against subsidies of their direct trading partners when those subsidies cause injury to the Member's domestic industries. However, the rise in cross-border subsidies – where governments …
Paying For Performance? Attorneys' Fees In Securities Fraud Class Actions,
2024
University of Richmond - School of Law
Paying For Performance? Attorneys' Fees In Securities Fraud Class Actions, Jessica M. Erickson
Law Faculty Publications
This Article studies whether plaintiffs’ lawyers matter in securities class actions. We use inverse propensity score weighting (IPW) to compare the results in cases led by top-tier firms against those brought by lower-tier firms. This technique addresses case selection effects by using all of the cases led by a top-tier firm and then weighting the cases led by lower-tier firms based on how similar these cases are to the cases led by top-tier firms. We do find that top-tier lawyers obtain better outcomes for shareholders in a subset of securities class actions, specifically the cases against the larger (although not …
Reimagining The Deduction For Employee Compensation,
2024
University of Richmond - School of Law
Reimagining The Deduction For Employee Compensation, Daniel Schaffa
Law Faculty Publications
U.S. businesses pay trillions of dollars in employee compensation, a substantial fraction of which is deductible for tax purposes. This deduction reduces the taxable income of businesses, ultimately lowering business tax burdens by hundreds of billions of dollars. With a few exceptions, the tax code confers the same deduction to a business for every dollar of employee compensation, regardless of whether that compensation goes to an employee earning millions or an employee earning minimum wage. This is consistent with a pure Haig-Simons income tax, under which any business expense incurred ought to be deductible dollar-for-dollar. But many, if not most, …
States, Firms, And Their Legal Fictions: Attributing Identity And Responsibility To Artificial Entities,
2024
Washington University in St. Louis School of Law
States, Firms, And Their Legal Fictions: Attributing Identity And Responsibility To Artificial Entities, Melissa (M.J.) Durkee
Scholarship@WashULaw
This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that …
Socially Acceptable Securities Fraud,
2024
Southern Methodist University, Dedman School of Law
Socially Acceptable Securities Fraud, Christine Hurt
Faculty Journal Articles and Book Chapters
What is a lie? Moreover, where is it a lie? Lies are bad. Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 create liability for issuer firms and individuals who make “an untrue statement of a material fact” or omit “a material fact required to be stated therein or necessary to make the statements therein not misleading.” In the ninety years since the passage of the Securities Exchange Act, however, the number of ways in which market participants may publicly disseminate statements that will be consumed by investors has exploded; does 10b-5 really apply to all these …
Corporate Governance Through Social Media,
2024
Southern Methodist University, Dedman School of Law
Corporate Governance Through Social Media, Christina M. Sautter
Faculty Journal Articles and Book Chapters
Retail investors and other stakeholders are vigorously and loudly taking positions regarding corporate governance issues on social media. They are gathering on social media to discuss which stocks to invest in and to debate and collectively act on corporate governance-related matters. Propelled by new technologies and social media, retail investor engagement has shifted away from traditional venues like corporate voting and shareholder proposals. Retail investors have opened tens of millions of new brokerage accounts since 2020. These new retail investors, primarily Millennials and GenZ’ers, are adept at using technology and naturally gather and obtain information on social media. A co-author …
Law’S Detrimental Reliance On Intermediaries,
2024
Southern Methodist University, Dedman School of Law
Law’S Detrimental Reliance On Intermediaries, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Emerging technology is law’s magic mirror. Even as law seeks to cabin the effects of emerging technology in society, when we hold emerging technology up to law, emerging technology often reflects flaws or gaps in legal constructs. Of course, rather than recognizing those flaws or gaps, law retorts back “mirror, mirror, on the wall, who is the fairest of them all?,” demanding that all other disciplines and constructs bow before law’s mighty, near-perfect reach. Often, no matter how strongly emerging technology demands that law bend, legal evolution only occurs after regulatory failures harm individuals on a massive scale. One emerging …
Esg And Securities Litigation: A Basic Contradiction,
2024
Indiana University Maurer School of Law
Esg And Securities Litigation: A Basic Contradiction, Aneil Kovvali
Articles by Maurer Faculty
Companies are increasingly expected to publicly report on not only their traditional financial results, but also environmental, social, and governance (“ESG”) issues. Trillions of dollars are being invested with ESG considerations in mind, and boosters urge that ESG investing can address environmental and social impacts that are normally ignored by managers focused on share prices. This raises the question of how companies should be punished if they lie about ESG matters. How should the traditional elements of securities fraud map onto the novel ESG context? Commentators have vigorously debated ESG’s relationship to the materiality element of securities fraud. But the …
Expropriation Of Shares Via The Corporate Constitution,
2024
Singapore Management University
Expropriation Of Shares Via The Corporate Constitution, Stephen Bull
Research Collection Yong Pung How School Of Law
Company constitutions sometimes include powers to effect compulsory share acquisitions from members. Where these are introduced into the constitution after incorporation, the amendment, like all constitutional alterations, must be able to satisfy the common law “bona fide test” in order to be valid. The content of this test has been much debated since the first cases a century ago, and differences in view have emerged from the English and Australian courts. While there is no local case law on such expropriations per se, the High Court recently confirmed for the first time the applicability in Singapore of the common law …
Book Review On From The Great Recession To The Covid-19 Pandemic By Professor Jerry W. Markham,
2024
New York Law School
Book Review On From The Great Recession To The Covid-19 Pandemic By Professor Jerry W. Markham, Ronald Filler
FIU Law Review
A review of Professor Jerry Markham's book "From the Great Recession to the COVID-19 Pandemic."
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?,
2024
University of North Carolina at Chapel Hill
Rational Investing Or Speculative Fever?: Spacs, Robinhood, And Digital Assets—Securities Markets Or Casinos?, Thomas Lee Hazen
FIU Law Review
This article focuses a recurring theme – speculation in the financial markets. The 2010-2020 decade set the stage for a new round of speculative activity starting in 2021. In the article that follows I reflect on a new wave of speculation and three current examples of speculative activity. The article concludes that regulators should be cautious about over-regulation of SPACs and gamified trading. The article also supports the regulation of digital assets (crypto currencies and NFTs) as securities.
