This Article highlights the role of capture in providing a normative foundation for regulatory review of administrative action, which at the federal level is conducted by the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB). It also...

Since the EU passed the PSD II, countries across the world have or are contemplating a new framework to govern data sharing among different players in financial markets—a trend called ‘Open Banking’ that requires or encourages banks to share consumer-permissioned banking data with third...

At the end of 2018, the European Parliament and Council adopted Directive (EU) 2019/1, often referred to as the 'ECN+ Directive', which, among other things, contains provisions ensuring the independence of the competition authorities of the EU Member States (national competition authorities or...

Regulation is often casually conceived of as functioning like a binary on/off switch: as if an area, issue, or industry is either regulated or not. While this binary model of regulation can be useful, it also decontextualizes regulatory decisions from their position in time, and thus obscures...

An address to the Ōtara community, delivered on 5 May 2010. The address provides an overview of the Law Commission’s review of New Zealand’s liquor laws. It discusses a range of issues identified during consultation with the Ōtara community, including the density of alcohol outlets in...

When things go wrong, it is always good to find someone to blame. As the credit crisis started to unfold in 2007, credit rating agencies (“CRAs”) emerged as the villain – or scapegoat, one might say – for commentators and regulators alike. To sum up, observers accused CRAs of doing a...

Recently, in CIBC World Markets Inc. v. R. (“CIBC case”), the Chief Justice of the Tax Court of Canada (“TCC”) was faced with an issue that was novel to Canada's consumption tax jurisprudence. Can a GST registrant retrospectively change its method for allocating input taxes between its...

This paper outlines and examines the taxation implications (primarily income tax) for residents of the United Kingdom (UK) and Australia also citizens and permanent residents of the United States (US) who are employed overseas. In addition to identifying specific taxation implications for...

Frequently, practitioners encounter client queries relating to the ‘value' of their intangible asset (including, but not limited to, identifiable intangible assets other than intellectual property and goodwill, intellectual property such as trademarks, patents, copyright or indeed goodwill)....