Recent developments in Canada's securities markets highlight their national character and call for a fresh consideration of the question of federal securities regulation. Developments in the constitutional case law have changed the legal context, such that the trade and commerce and the peace,...

The international financial crisis of 2007 and 2008 exposed some crucial deficiencies in the European deposit protection arrangements as set out in the 1994 Directive. The recent financial turmoil once again highlighted the importance of deposit protection to contribute to financial stability...

In analyzing the advantages and disadvantages that result from providing employees with a role in corporate governance, we cannot rely solely on empirical research. In the end, we must engage in an honest discussion of the political issues involved - issues that do not lend themselves to precise...

This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

Theory can have profound effects on practice, some intended and desirable, others unintended and undesirable. That's the story of the influence the field of law and economics has had on the domain of law and accounting. That influence comes primarily from agency theory and modern finance theory,...

Mutual fund companies selectively advertise their better performing funds. However, investors respond to advertised performance data as if those data were unselected (i.e., representative of the population). We identify the failure to discount selected or potentially selected data as selection...

Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. While derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late these instruments are also used by...

National governments have been forced to use an extraordinary amount of public resources and techniques to contain the global financial crisis (“the crisis”). This Article analyzes the role of the U.K. Tripartite Authorities in dealing with the crisis - both the “ordinary” measures, such...

As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor's business, they are naturally at greater risk of...

Law enforcement has a vested interest in catching alleged money launderers. Suspicious Activity Reports (SARs) filed by financial institutions are a useful tool in this endeavor and can potentially direct law enforcement to criminal enterprises. But SARs are just that — reports of suspicious...