The paper studies the External Commercial Borrowing policy being followed by the Government of India in order to let the Indian entities access the foreign funds. The law governing foreign exchange is Foreign Exchange Management Act, 1999 but no express mention of the ECB instruments is there,...

The influence of NGOs in international development policy and practice has grown exponentially since the end of the Cold War. These NGOs' agendas now compete with donor states' in setting the priorities for international development assistance. Indeed, many NGOs now claim that the legitimacy of...

Retirement plan sponsors in charge of $17 trillion have a choice. They can rely on luck or use discipline to properly discharge their fiduciary duties. The former may seem easy, but the costs of poor oversight easily outweigh the benefits of a ‘‘fingers crossed'' approach. Regulators have...

Economists often envision commons and anticommons as occurring from either too few or too many rights-claimants over a good. While this perspective has an intuitive appeal, it obfuscates similarities between commons and anticommons, with significant impact on proposed policy solutions. This...

The Canadian Federal Government has proposed a new private-sector retirement savings scheme to address the widely-recognized under-saving of Canadian employees for retirement. The proposed scheme emphasizes voluntariness in a choice architecture associated with the “nudge” approach to...

Based upon the Telecommunications Law Indicators for Comparative Studies (TLICS) model, this article builds upon the federalism as an institutional variable used in comparative analyses from the perspective of the information revolution category and dependence of economic development upon ICT....

Only in American law is West not primarily a geographical term. When we lawyers think of West we tend to think first of West Publishing Company – the preeminent source of printed law books since before we were born and of electronic law databases in recent years. But despite its importance to...

The financial crises together with the globalization have reinforced the role of international financial standard-setters especially in the rule-making process. The standards and principles issued by these organizations are essentially soft law which is not legally binding, but is implemented...

Corporate off-balance sheet transactions that used special-purpose entities (“SPEs”) facilitated the expansion of structured finance during the years leading up to the Great Recession. Specifically, SPEs conferred bankruptcy remote, liquidity, leverage and interest rate risk benefits on...

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...