Reclaim This! Getting Credit Seller Rights In Bankruptcy Right,
2014
The University of Arizona James E. Rogers College of Law
Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff
University of Richmond Law Review
No abstract provided.
Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs,
2014
Fordham University School of Law
Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra Kavame Eroglu
Faculty Scholarship
The introduction of International Financial Reporting Standards (“IFRS”) has been debated in the United States since at least the accounting scandals of the early 2000s. While publicly traded firms around the world are increasingly switching to IFRS, often because they are required to do so by law or by their stock exchange, the Securities Exchange Com-mission (“SEC”) seems to have become more reticent in recent years. Only foreign issuers have been permitted to use IFRS in the United States since 2007. By contrast, the EU has mandated the use of IFRS in the consolidated financial statements of publicly traded firms …
Inmates For Rent, Sovereignty For Sale: The Global Prison Market,
2014
Washington University in St. Louis School of Law
Inmates For Rent, Sovereignty For Sale: The Global Prison Market, Benjamin Levin
Scholarship@WashULaw
In 2009, Belgium and the Netherlands announced a deal to send approximately 500 Belgian inmates to Dutch prisons, in exchange for an annual payment of £26 million. The arrangement was unprecedented, but justified as beneficial to both nations: Belgium had too many prisoners and not enough prisons, whereas the Netherlands had too many prisons and not enough prisoners. The deal has yet to be replicated, nor has it triggered sustained criticism or received significant scholarly treatment. This Article aims to fill this void by examining the exchange and its possible implications for a global market in prisoners and prison space. …
On The Usefulness Of A Flat Economics To The World Of Faith,
2014
Texas A&M University School of Law
On The Usefulness Of A Flat Economics To The World Of Faith, Andrew P. Morriss
Faculty Scholarship
Is economics unduly flat? Perhaps, sometimes. But part of the power of economics comes from the parsimony of its approach to human nature. If and when we search for more complex approaches, we will need to understand the tradeoffs involved in choosing between that power and simplicity and the alternatives. Rather than deepening our economics with faith, it may be that we are better off using a relatively flat economics to enrich religious understandings.
Transparency In International Economic Relations And The Role Of The Wto,
2014
American University Washington College of Law
Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i, Matthew D'Orsi
Contributions to Books
No abstract provided.
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property,
2014
Golenbock Eiseman Assor Bell & Peskoe LLP
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Criminal Law Pays: Penal Law's Contribution To China's Economic Development,
2014
Vanderbilt University Law School
Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis
Vanderbilt Journal of Transnational Law
China's rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China's economic development since the launch of the reform period has occurred directly alongside the development of its criminal law, but the academic literature has failed to ask what role criminal law plays in China's impressive growth. This Article argues that not only has the People's Republic of China leadership historically used criminal law in service of economic ends but also, going forward, criminal …
Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group,
2014
Seoul National University; University of Michigan Law School
Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim
Articles
Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …
The Margin Of Appreciation In International Investment Law,
2014
University of Michigan Law School
The Margin Of Appreciation In International Investment Law, Julian Arato
Articles
Investment treaties tend to say nothing, or only very little, about the appropriate standard of review for arbitrating disputes between sovereign states and foreign investors. Most treaties do not address whether states should be afforded any deference in their own assessment of their treaty obligations. Neither do they specify the converse, that state action must be strictly reviewed. They are simply silent – and their silence has been interpreted in innumerable ways by different tribunals. This interpretive chaos has generated calls for a unified approach – one that would resolve the uncertain and fragmented status quo, while being sufficiently flexible …
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation,
2014
Benjamin N. Cardozo School of Law
Fair Or Foul? Major League Baseball's Use Of A Tortious Interference Lawsuit As A Means Of Investigation, Michael S. Beck
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge,
2014
McGill University
Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young
Reports & Public Policy Documents
As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …
Public Utility And The Low-Carbon Future,
2014
University of Colorado Law School
Public Utility And The Low-Carbon Future, William Boyd
Publications
Substantial reductions in global power sector emissions will be needed by midcentury to avoid significant disruption of the climate system. Achieving these reductions will require greatly increased levels of financing, technological innovation, and policy reform. In the United States, the scale and complexity of the overall challenge have raised important questions regarding prevailing regulatory and business models, with much scrutiny directed at the traditional practice of public utility regulation. Recognizing the many valid criticisms leveled against public utility regulation and the important questions raised about the viability of traditional utility business models, particularly in the face of substantial growth in …
Classcrits Mission Statement,
2014
University of Colorado Law School
Classcrits Mission Statement, Justin Deystone, Angela P. Harris, Martha Mccluskey, Athena Mutua, James Pope, Ann Tweedy
Publications
No abstract provided.
Penalty Default Licenses: A Case For Uncertainty,
2014
University of Colorado Law School
Penalty Default Licenses: A Case For Uncertainty, Kristelia A. García
Publications
Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article suggests that uncertainty can actually be used to increase efficiency in the marketplace. In the music industry, the battle over terrestrial performance rights--that is, the right of a copyright holder to collect royalties for plays of a sound recording on terrestrial radio--has raged for decades. In June 2012, in a deal that circumvented the statutory license for sound recordings for the …
For-Profit Public Enforcement,
2014
Duke Law School
For-Profit Public Enforcement, Margaret H. Lemos, Max Minzner
Faculty Scholarship
This Article investigates an important yet undertheorized phenomenon: financial incentives in public enforcement. Each year, public enforcers assess billions of dollars in penalties and other financial sanctions for violations of state and federal law. Why? If the awards in question were the result of private lawsuits, the answer would be obvious. We expect that private enforcers—the victims of law violations and their fee-seeking attorneys—will attempt to maximize financial recoveries. Record recoveries come as no surprise in private class actions, for example. But dollar signs are harder to explain in the context of public enforcement. Unlike private attorneys, public enforcers are …
Everything Must Stay In Place - President Business, The Lego Movie,
2014
New York Law School
Everything Must Stay In Place - President Business, The Lego Movie, Tamara Belinfanti
Other Publications
No abstract provided.
Actavis, The Reverse Payment Fallacy, And The Continuing Need For Regulatory Solutions,
2014
University of Michigan Law School
Actavis, The Reverse Payment Fallacy, And The Continuing Need For Regulatory Solutions, Daniel A. Crane
Articles
The Actavis decision punted more than it decided. Although narrowing the range of possible outcomes by rejecting the legal rules at the extremes and opting for a rule of reason middle ground, the opinion failed to grapple with the most challenging issues of regulatory policy raised by pharmaceutical patent settlements. In particular, it failed to clearly delineate the social costs of permitting and disallowing patent settlements, avoided grappling with the crucial issues of patent validity and infringement, and erroneously focused on “reverse payments” as a distinctive antitrust problem when equally or more anticompetitive settlements can be crafted without reverse payments. …
The Tax Reform Road Not Taken – Yet,
2014
Columbia Law School
The Tax Reform Road Not Taken – Yet, Michael J. Graetz
Faculty Scholarship
The United States has traveled a unique tax policy path, avoiding value added taxes (VATs), which have now been adopted by every OECD country and 160 countries worldwide. Moreover, many U.S. consumption tax advocates have insisted on direct personalized taxes that are unlike taxes used anywhere in the world. This article details a tax reform plan that uses revenues from a VAT to substantially reduce and reform our nation’s tax system. The plan would (1) enact a destination-based VAT; (2) use the revenue produced by this VAT to finance an income tax exemption of $100,000 of family income and to …
Measuring Benchmark Damages In Antitrust Litigation,
2014
Columbia Law School
Measuring Benchmark Damages In Antitrust Litigation, Justin Mccrary, Daniel L. Rubinfeld
Faculty Scholarship
We compare the two dominant approaches to estimation of benchmark damages in antitrust litigation, the forecasting approach and the dummy variable approach. We give conditions under which the two approaches are equivalent and present the results of a small simulation study.
Value Creation By Business Lawyers In The 21st Century,
2014
Columbia Law School
Value Creation By Business Lawyers In The 21st Century, Ronald J. Gilson
Faculty Scholarship
It’s a delight to be here. When I started working on Value Creation by Business Lawyers – or when I was in law school – we could have held today’s meeting in a telephone booth. There was nothing even remotely in the curriculum. Victor Brudney and Marvin Chirlestien’s Corporate Finance book was still in mimeograph form – note the dated technology reference. David Herwitz’s Business Planning book had been around for a while, but it was strictly legal. And that exhausted it. What I take the greatest pleasure from is the fact that a number of years later, enough to …
