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This Article presents a new theory of fiduciary relationships. Using legal analysis, legal theory and the results of an unprecedented global survey of professional fiduciaries, I show that fiduciary relationships are not now fundamentally different from contractual relationships. I then show how...
Persistent link: https://www.econbiz.de/10012969972
Non-possessory secured transactions are key components of market economies. National and international legal reform projects have been advanced to further their use and broaden access to credit. Yet reforms appear to be limited by practical obstacles posed by national legal categories. This...
Persistent link: https://www.econbiz.de/10012970175
This country report aims at providing an overview of the business law reforms required by the Cyprus Memorandum of Understanding (hereinafter ‘MoU'). It will focus on the most important provisions of the Cyprus MoU, which demand various business law reforms. Thus, readers will acquaint...
Persistent link: https://www.econbiz.de/10013003223
Following the Supreme Court's decision in Murphy v. National Collegiate Athletic Association, states can legalize sports gambling for the first time in more than 25 years. The advent of legalized gambling has sports leagues clamoring for compensation from states that authorize wagers on the...
Persistent link: https://www.econbiz.de/10012849743
A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...
Persistent link: https://www.econbiz.de/10012850505
After an unexpectedly slow start, the Trump Administration's deregulatory push finally gained momentum in late 2017. In the field of student lending, this slowdown affected the Department of Education (DOE), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice (DOJ)....
Persistent link: https://www.econbiz.de/10012851447
When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...
Persistent link: https://www.econbiz.de/10012851448
With debts rising faster than new graduates' starting salaries, a student debt crisis has the potential to haunt the nation much in the way the mortgage crisis did ten years ago. Beginning in 2016, a new mood dampened the federal bureaucracy's regulatory pace. The DOE, led by Secretary Elisabeth...
Persistent link: https://www.econbiz.de/10012851449
There is little empirical evidence showing how innovation by small and medium enterprises (SMEs) is impacted by tax policies, especially SMEs from developing countries. We explore how targeted policies of corporate tax (firm-specific) and value-added tax (product-specific) in China impact their...
Persistent link: https://www.econbiz.de/10012852036