Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....

Canadian mining in Guatemala has been associated with violence and death. Opposition to an INCO mine in the El Estor region in the 1960's resulted in the assassination of two law professors, and another activist has been killed in 2009. In the San Marcos region of Guatemala, two deaths are...

For those concerned with nature and role of the business firm in economy and society, these are challenging times. Past and ongoing financial crises and scandals have focused attention on the system of regulation, governance and disclosure in a way many may never have imagined and few welcomed....

Many inventions can be legally protected either by patent or by trade secrecy, and a conventional wisdom exists on how to select between them. This Article adds to that literature by showing that corporations should have an inherent preference for trade secret over patent for reasons relating to...

Italian Abstract: Il lavoro espone un'analisi gius-economica di alcune caratteristiche del sistema delle garanzie vigente in Italia. Specifica attenzione è dedicata agli istituti del privilegio, del pegno e dell'ipoteca, in ragione del particolare peso che essi rivestono nei rapporti bancari....

Modern law sets “public” local government law apart from “private” business entities law. Although intuitive, this distinction ignores legal history and, even more troublingly, the contemporary practices of local governments. Due to distressed finances and a political atmosphere favoring...

This chapter sets the scene for the analysis contained in the author's book: Law and Development: An Institutional Critique, Edward Elgar Publishing, 2018.. It discusses the reasons for the interest in the relationship between the law and economic development beginning with a review of different...

For capital markets to function, political institutions must support capitalism in general and the capitalism of financial markets in particular. Yet capital markets' shape, support, and extent are often contested in the polity. Powerful elements — from politicians to mass popular movements...

While other countries dismantled their segmented housing finance systems and linked housing finance to capital markets through deregulated depositories, the US linked housing finance to capital markets through depository deregulation and securitization. Elsewhere securitization has not...

Strong financial markets are widely thought to propel economic development, with many in finance seeing legal tradition as fundamental to protecting investors sufficiently for finance to flourish. Kenneth Dam, in the Law-Growth Nexus, finds that the legal tradition view inaccurately portrays how...