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Transplantation of laws from a foreign country is an explicit regulatory choice. It is a choice made by governments and influenced by local and international interest groups. This Article analyzes a complex junction where international legal transplantation encounters destructive transactional...
Persistent link: https://www.econbiz.de/10012937317
I use the global crisis of 1914 as a window onto the phenomenon of investor reaction to complex news — such as sudden political upheaval. Based on a novel database of all stocks traded on the NYSE during 1914, along with “real-time” news accounts from major newspapers, I show that NYSE...
Persistent link: https://www.econbiz.de/10012978570
What does the majority owe the minority when issues are put to a vote? This question is central to direct democracy, where voters bypass the legislature and enact law directly. Some scholars have argued that voters in direct democracy bear fiduciary-like duties because they act as...
Persistent link: https://www.econbiz.de/10012979364
post-merger R&D efforts (including lower expenditure). SIEIC is distinct from the mainstream unilateral effects theory of … analysis lies a fundamental question of competition theory: under what conditions can variations of existing economic models be … applied in merger cases? This paper is divided into three sections. In Section I, the SIEIC theory of harm is described and …
Persistent link: https://www.econbiz.de/10012852989
In recent years, financial regulators have come under increasing judicial scrutiny for conducting inadequate cost/benefit assessments in advance of significant reforms. One facet of this scrutiny is judicial skepticism towards the proper role for regulatory experimentation (and the real option...
Persistent link: https://www.econbiz.de/10013056218
This paper explores the concept of vertical restraints or restrictions. It includes references to the competition law regimes of the European Union (EU), United States (US), and the People's Republic of China, as well as the key case law. It is part of the Concurrences' Global Dictionary of...
Persistent link: https://www.econbiz.de/10013216826
Tax laws applicable to triangular mergers lack neutrality, are complex, and overlap substantially with other tax-preferred forms of corporate acquisition. Their current status is a result of both path dependency and Congress's attempt to create consistency within a framework founded upon...
Persistent link: https://www.econbiz.de/10013063845
Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...
Persistent link: https://www.econbiz.de/10012999281
In the 2007-2008 financial crisis, over-the-counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policymakers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial...
Persistent link: https://www.econbiz.de/10012864269
Some positions within an organization wield unusual impact over the entity's success. The decision makers who hire these critical performers face a daunting task: to distinguish among closely comparable finalists in a context where small differences in talent can produce enormous outcome...
Persistent link: https://www.econbiz.de/10014219758