Money Under Sunshine: An Empirical Study Of Trust Contracts Of Chinese Hedge Funds,
2012
Fordham Law School
Money Under Sunshine: An Empirical Study Of Trust Contracts Of Chinese Hedge Funds, Jing Li
Fordham Journal of Corporate & Financial Law
This article conducts the very first empirical study exploring the contractual arrangements of Chinese hedge funds, which are organized not as limited partnerships but as trusts. Using 139 trust contracts collected by hand, this article sheds light on the structure, covenants, and compensation mechanisms used by “sunshine funds,” the local name for hedge funds in China. It shows that, while sunshine funds do have similar contractual arrangements as typical LP-organized hedge funds, they also possess many undeniable differences due to the jurisdiction-specific characteristics of China. In particular, because of the direct involvement of trust companies, sunshine funds include certain covenants …
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite,
2012
Fordham Law School
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Fordham Journal of Corporate & Financial Law
The relationship between business organizations and the sovereign agencies that regulate them is being redefined domestically and abroad. In the context of corporate enforcement proceedings, a critical challenge is how to achieve, most effectively, the timehonored public sector objectives of punishment, deterrence, financial restitution and rehabilitation. At issue are important policy considerations and at stake are the integrity and security of the commercial marketplace. The public sector increasingly must balance the pressures of limited resources against the need to ensure that corporate citizens behave not only lawfully, but ethically and responsibly. One solution that has been adopted is the imposition …
Application Of The Concept Of Project Finance In Iraq- A Comparative And Analytical Study,
2012
Fordham Law School
Application Of The Concept Of Project Finance In Iraq- A Comparative And Analytical Study, Faris K. Nesheiwat
Fordham Journal of Corporate & Financial Law
Many scholars and experts have addressed the issue of project finance, but one area that remains without detailed examination is its legal treatment under the legal systems of developing countries. The legal concepts applied under project finance are Western and are not necessarily identical to or compatible with legal concepts in Middle Eastern countries in general or Iraq in particular. In that sense, project finance is a transplanted legal concept when examined in the Middle Eastern legal framework. Although this Paper tackles the legal and strategic issues arising from the use of project finance in Iraq, its analysis and comparative …
Private Equity Investment In The Brics,
2012
Fordham Law School
Private Equity Investment In The Brics, Andreas Woeller
Fordham Journal of Corporate & Financial Law
This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …
The Islamic Legal System In Indonesia,
2012
University of Washington School of Law
The Islamic Legal System In Indonesia, Mark E. Cammack, R. Michael Feener
Washington International Law Journal
This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-level religious official called the penghulu acted as chair and was assisted by member judges chosen from the local religious elite. The courts were authorized to decide matrimonial and inheritance disputes, but execution of the courts’ decisions required an executory decree from the civil court. The system was …
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States,
2012
University of Victoria Faculty of Law
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Cardozo Journal of International and Comparative Law
The article examines Canada's progressive stance on social issues but highlights that this progressiveness does not extend to animal rights, where Canada often lags behind the U.S. It explores legal developments challenging the traditional property status of animals, particularly in tort law and estate planning, while emphasizing that these changes are symbolic and limited to companion animals.
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?,
2012
Benjamin N. Cardozo School of Law
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner
Cardozo Journal of International and Comparative Law
The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.
The Confucian Challenge To Intellectual Property Reforms,
2012
Texas A&M University School of Law
The Confucian Challenge To Intellectual Property Reforms, Peter K. Yu
Faculty Scholarship
Written for a special issue on intellectual property and culture, this essay examines the longstanding claim that culture presents a major barrier to intellectual property reforms. In the context of Asia -- China, in particular -- that claim invokes Confucianism, a non-Western culture, to account for the region's -- or the country's -- continued struggle with massive piracy and counterfeiting problems. The claim draws on a century-old tradition of condemning Confucianism for being antithetical to Western modernity.
The first half of this essay focuses on the Confucian challenge to intellectual property reforms in China. Drawing on the important distinction between …
Crosses And Culture: State-Sponsored Religious Displays In The Us And Europe,
2012
St. John's University School of Law
Crosses And Culture: State-Sponsored Religious Displays In The Us And Europe, Mark L. Movsesian
Faculty Publications
This article compares the recent jurisprudence of the US Supreme Court and the European Court of Human Rights on the question of state-sponsored religious displays. Both tribunals insist that states have a duty of religious “neutrality,” but each defines that term differently. For the Supreme Court, neutrality means that government may not proselytize, even indirectly, or appear to favor a particular church; neutrality may even mean that government must not endorse religion generally. For the ECtHR, by contrast, neutrality means only that government must avoid active religious indoctrination; the ECtHR allows government to give “preponderant visibility” to the symbols of …
Protecting Minority Shareholders In Civil And Common Law Systems: Canadian, Ukrainian And German Examples,
2012
Schulich School of Law, Dalhousie University
Protecting Minority Shareholders In Civil And Common Law Systems: Canadian, Ukrainian And German Examples, Iushchenko Igor Sergiiovych
LLM Theses
This thesis analyses minority shareholder protection in common law and civil law systems. Principally, this is done by examining closely-held corporations created under Canadian, Ukrainian and German laws. It examines minority shareholder protection by critically analyzing voting and related rights, the right to information; withdrawal from the company, expulsion right, the dissolution of a company, derivative action and direct action. The thesis also summarizes problems in the civil law system that cannot be solved in favor of minority shareholders. In addition to the above-mentioned, it provides possible solutions to the problems of minority shareholder protection in the civil law system, …
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans,
2012
Schulich School of Law, Dalhousie University
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Is Canada The New Shangri-La Of Global Securities Class Actions?,
2012
Roger Williams University School of Law
Is Canada The New Shangri-La Of Global Securities Class Actions?, Tanya Monestier
Law Faculty Scholarship
There has been significant academic buzz about Silver v. Imax, an Ontario case certifying a global class of shareholders alleging statutory and common law misrepresentation in connection with a secondary market distribution of shares. Although global class actions on a more limited scale have been certified in Canada prior to Imax, it can now be said that global classes have "officially" arrived in Canada. Many predict that the Imax decision means that Ontario will become the new center for the resolution of global securities disputes. This is particularly so after the United States largely relinquished this role in Morrison v. …
Of Wife And The Domestic Servant In The Arab World,
2012
Georgetown University Law Center
Of Wife And The Domestic Servant In The Arab World, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained …
Democracy Promotion: Done Right, A Progressive Cause,
2012
Georgetown University Law Center
Democracy Promotion: Done Right, A Progressive Cause, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
By the beginning of the Obama Administration, democracy promotion had become a rather tarnished idea, and understandably so. Like Islam or Christianity, much blood has been shed beneath its banner. It may be true that democracies don’t go to war with one another, but they certainly go to war, and their wars kill people just as dead as the wars undertaken by illiberal regimes. Anyone on the political left can tell the story: During the Cold War, the United States fought endless proxy wars and engaged in a great deal of overt and covert mischief, all in the name of …
The Penal Order: Prosecutorial Sentencing As A Model For Criminal Justice Reform?,
2012
Saint Louis University School of Law
The Penal Order: Prosecutorial Sentencing As A Model For Criminal Justice Reform?, Stephen C. Thaman
All Faculty Scholarship
This chapter traces the history of the penal order from its earliest roots through its consolidation as a normal alternative form of procedure in Germany. It compares the types of penal order procedures found in modern criminal procedure codes, and it compares penal orders with other “consensual” procedural modes that also involve considerable prosecutorial influence in determination of the level of guilt and punishment: diversion, pleas and stipulations of guilt, and abbreviated trials based on the contents of the preliminary investigation dossier. Finally, it explores whether the penal order, could eventually become a model for the consensual resolution of all …
Criminal Courts And Procedure,
2012
Saint Louis University School of Law
Criminal Courts And Procedure, Stephen C. Thaman
All Faculty Scholarship
This chapter provides both a historical and modern perspective on criminal procedure around the world.
Schedularity In U.S. Taxation, Its Effect On Tax Distribution, Comparison With Sweden,
2012
Saint Louis University School of Law
Schedularity In U.S. Taxation, Its Effect On Tax Distribution, Comparison With Sweden, Henry Ordower
All Faculty Scholarship
The United States derives from a global income tax model under which it taxes it citizens and permanent residents on all their worldwide income without regard to the source of that income. Under a pure global model, the United States would combine income and deductions in a single tax computation. Other countries including Germany and Sweden originate in schedular income tax models under which the tax system classifies income by type, matches it with deductions from the same class, and computes a separate tax on each class. Neither the United States’ global model nor Germany’s or Sweden’s schedular models are …
Why Study Islamic Legal Professionals?,
2012
University of Washington School of Law
Why Study Islamic Legal Professionals?, Clark B. Lombardi, R. Michael Feener
Washington International Law Journal
In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari‛a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class …
Open Justice: Concepts And Judicial Approaches,
2012
Allard School of Law at the University of British Columbia
Open Justice: Concepts And Judicial Approaches, Emma Cunliffe
All Faculty Publications
Recent years have seen an increase in the number and scope of non-publication orders and other limits on open justice, an increase in the number of statutes that regulate or threaten open justice, and the articulation of an Australian constitutional principle (of institutional integrity) that has the potential to protect some aspects of open justice. The purposes and values of open justice are, however, rarely examined in a comprehensive or theoretically-informed manner. This article provides a theory of open justice which accounts for its heterogeneous nature. Australian judicial approaches to the substance, limits, and constitutional dimensions of open justice are …
2012 International Advocate For Peace Award Acceptance Speech,
2012
Search for Common Ground
2012 International Advocate For Peace Award Acceptance Speech, John Marks
Cardozo Journal of Conflict Resolution
Worldwide, tens of millions of people are caught up in violent conflict, and hundreds of thousands, if not millions, die every year as a direct result. Violence has a profoundly negative impact on the whole planet, even when it occurs in remote places. Where there is violence, lives and livelihoods are shattered; economic development is blocked; human rights are abused; and the environment is devastated. Consequently, preventing violence is a necessary precursor for humanity to move forward in positive ways. Current problems-whether economic, ethnic, or environmental-are too complex and inter-connected to be settled on a violent, adversarial basis. The earth …
