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Stanford Journal of Law, Business & Finance
Number of Followers: 12  Subscription journalISSN (Print) 1078-8794 Published by Stanford Law School  [5 journals]
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- Justice Dealers: The Ecosystem of American Litigation Finance
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Abstract: The ways of litigation funders create multiple points of tension for the legal process and its participants, and laws on the book offer little guidance on how third-party interests should be treated. Resulting procedural and ethical dilemmas have stirred a debate among scholars who rushed to offer ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Thu, 01 Oct 2015 00:00:00 -040
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- "Generous Thieves": The Puzzle of Controlling Shareholder Arrangements in
Bad-Law Jurisdictions-
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Abstract: IntroductionDispersed shareholder ownership, in which stocks of a corporation are widely held by atomized and numerous non-controlling shareholders, has traditionally been a dominant theme in corporate governance scholarship.1 However, the dispersed shareholder ownership of the Berle and Means ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Thu, 01 Oct 2015 00:00:00 -040
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- Paternalism and Securities Regulation
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Abstract: IntroductionFederal securities regulation in the United States has always taken a distinctly non-patemalistic approach to the securities markets. The federal securities laws utilize disclosure, rather than heavy-handed substantive rules, to regulate securities transactions.1 Under the disclosure ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Thu, 01 Oct 2015 00:00:00 -040
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- The Taxation of RICs: Replicating Portfolio Investment or Eliminating
Double Taxation?-
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Abstract: IntroductionMutual funds and other regulated investment companies ("RICs")1 currently occupy a central space in American households' financial lives. In 2013, RICs managed twenty-two percent of the financial assets held by U.S. households.2 Forty-six percent of U.S. households held investments in ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Apr 2015 00:00:00 -040
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- Financial Product Complexity, Moral Hazard, and the Private Law
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Abstract: Introduction 181I. The Private Law Infrastructure of Financial Products 189A. Private Law Responses to Complexity 189B. Theory: Financial Engineering and Property 194C. Doctrine: Financial Engineering and Property 205II. Complexity and Moral Hazard 207A. Transferring Risk, Externalizing Risk 208B. ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Apr 2015 00:00:00 -040
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- Getting Residential Mortgage-Backed Securities Right: Why Governance
Matters-
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Abstract: IntroductionResidential mortgage-backed securitization (RMBS) is a type of asset-backed security in which the RMBS investor's return on its investment comes from the monthly mortgage payments received from the underlying pool of mortgages. Before securitization, mortgage lenders kept loans on their ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Apr 2015 00:00:00 -040
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- The Pattern in Securitization and Executive Compensation: Evidence and
Regulatory Implications-
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Abstract: IntroductionWhen a firm securitizes, it sells financial assets that it has originated (as "originator") to a special purpose entity (SPE) in exchange for cash. The SPE then directly or through an investment bank or other underwriter issues securities to investors.1 Securitization was historically ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Apr 2015 00:00:00 -040
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- Swap Safe Harbors in Bankruptcy and Dodd-Frank: A Structural Analysis
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Abstract: The bankruptcy code exempts a class of financial contracts from key provisions, such as the automatic stay. The primary rationale for these safe harbors, as they are called, has been that delayed terminations at major firms might transfer distress to their creditors, creating systemically risky ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Oct 2014 00:00:00 -040
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- Collective Action and the Competence of Courts: The Lessons of NML V.
Argentina-
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Abstract: The Second Circuit decision in NML Capital v. Argentina, in which the court up-ended settled understanding of a common provision of sovereign debt contracts, has garnered a great deal of attention for its implications for Argentina, the sovereign bond market, and debt restructuring. This Article ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Oct 2014 00:00:00 -040
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- Market Efficiency and the Problem of Retail Flight
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Abstract: In 1950, 91% of common stock in the U.S. was owned directly by individual investors. Today, that percentage stands at only 23%. The mass exodus of retail investors and their investment dollars has negative implications not only for capital formation and investor protection, but also for market ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Oct 2014 00:00:00 -040
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- Answering the Call to Reinvent Legal Education: The Need to Incorporate
Practical Business and Transactional Skills Training into the Curricula of
America's Law Schools-
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Abstract: I. IntroductionIn his seminal article, Value Creation by Business Lawyers: Legal Skills and Asset Pricing, Professor Ronald Gilson offers an insightful and persuasive argument that value creation has to be the central function of a business lawyer.1 He writes, "If what a business lawyer does has ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Wed, 01 Oct 2014 00:00:00 -040
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- Disclosure of Franchise Disputes
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Abstract: The Amended FTC Franchise Rule requires franchisors to disclose material litigation and arbitration actions in Item 3 of their Franchise Disclosure Documents. The Amended Rule expanded the scope of the disclosure obligation so that most, if not all, franchisor-initiated actions must be disclosed in ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Apr 2014 00:00:00 -040
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- A Corporate Governance Perspective on the Franchisor-Franchisee
Relationship+-
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Abstract: The franchisor-franchisee relationship is unique in that it has characteristics of both an arm's length business transaction as well as an ongoing business relationship. As time goes by, however, the interests of the parties may diverge. It is in the franchisees' interest to make their individual ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Apr 2014 00:00:00 -040
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- Revitalizing the Case for Good Cause Statutes: The Role of Review Sites
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Abstract: Good cause statutes (GCSs) require franchisors to show "good cause" (i.e., a material breach of the franchise contract) before terminating contractual relations with a franchisee. These have long been debated in franchise law, with some states adopting them, others rejecting them, and proponents of ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Apr 2014 00:00:00 -040
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- With the Best of Intentions: Observations on the International Regulation
of Franchising-
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Abstract: While its wots go far deeper, modern franchising as we know it today is a product of post- World War II America. That era was marked by an upsurge in interest in being one 's own boss but with the greater likelihood of success, which flowed from acquiring a license to operate a business under a ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Apr 2014 00:00:00 -040
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- Assessing Awuah V. Coverall North America, Inc.: The Franchisee as a
Dependent Contractor-
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Abstract: Franchisees ordinarily are considered to be independent contractors, not employees. While the franchisee works in a particular industry, such as hotels or fast-food, the franchisor usually is viewed as a licensor engaged in the business of franchising, not - as a legal matter - working in its ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Apr 2014 00:00:00 -040
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- Corporate "Care" and Climate Change: Implications for Bank Practice and
Government Policy in the United States and Australia-
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Abstract: The recent global financial crisis (GFC) precipitated a regulatory conundrum about how best to regulate banks. This Article takes a seemingly tangential approach to this conundrum: it investigates whether and how voluntary corporate action on climate change presents a redemptive opportunity for ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Oct 2013 00:00:00 -040
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- It Is Time for the United States to Implement a Patent Box Tax Regime to
Encourage Domestic Manufacturing-
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Abstract: In order to curb the outsourcing of industries and jobs, the United States must provide better incentives to encourage manufacturers to operate domestically. The United States is at a strategic disadvantage vis-à-vis many other industrialized nations that attract industry and jobs by taxing income ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Oct 2013 00:00:00 -040
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- Hedge Fund Governance
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Abstract: This Article provides the first comprehensive scholarly analysis of the internal governance of hedge funds. Hedge fund governance consists of the funds' underlying legal regime and the practices they adopt in response to lacking permanent capital and to reduce agency costs. Hedge fund governance is ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Oct 2013 00:00:00 -040
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- Untangling the Money Market Fund Problem: A Public-Private Liquidity Fund
Proposal-
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Abstract: The 2008 Financial Crisis dramatically highlighted the systemic vulnerabilities of the multi-trillion dollar Money Market Mutual Fund (MMF) industry, which developed over the last 40 years as a vital part of the U.S. financial system. Yet, more than 5 years on, the problem of what to do with MMFs ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Tue, 01 Oct 2013 00:00:00 -040
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- A Fiduciary Standard as a Tool for Dark Pool Subscribers
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Abstract: I. IntroductionDark pools of liquidity are receiving increasing attention from the media and regulators. As a trading venue mainly for large institutional investors, dark pools offer liquidity and protection from front-running and other predatory tactics used by high-speed trading outfits that ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Apr 2013 00:00:00 -040
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- The Evolution of Partnerships in China from the Perspective of Asset
Partitioning-
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Abstract: Two of the world's leading corporate law scholars, Henry Hansmann and Reinier Kraakman, recently shook the foundation of organizational law theory by suggesting that the genius behind modern business organizations was a concept that they have coined "asset partitioning." Specifically, they argue ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Apr 2013 00:00:00 -040
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- Intellectual Property Wrongs
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Abstract: I. IntroductionIntellectual property has become a pervasive presence in society. Seeping into every nook and cranny of American life, intellectual property casts a protective haze over everything from the words of an email,' to the shape of a phone,2 to the sequence of genes3. In our ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Apr 2013 00:00:00 -040
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- Improving Contract Quality: Modularity, Technology, and Innovation in
Contract Design-
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Abstract: The combination of cost-cutting pressures and technology advances are triggering a major transformation of the core practices of business law. Developments in automated contract drafting and management have spurred the entry of low-cost competition, beginning with the production of standardized ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Apr 2013 00:00:00 -040
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- Partnership Law and the Single Entity Defense
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Abstract: The Supreme Court has held that a single business entity cannot conspire with itself to restrain trade in violation of the antitrust laws. But this single entity defense raises two closely related questions. First, can conspirators escape liability by the simple expedient of forming a corporation ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- What's in a Name: Mezzanine Debt versus Preferred Equity
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Abstract: Mezzanine loans and preferred equity interests are forms of investment in commercial properties; they are favored by investors, particularly institutional investors, who want a fixed, or at least floored, return and priority as to both their return on and return of investment. In its most common ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- It Takes a Village: Municipal Condemnation Proceedings and Public/Private
Partnerships for Mortgage Loan Modification, Value Preservation, and Local
Economic Recovery-
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Abstract: Respected real estate analysts forecast that the U.S. is now poised to experience a renewed round of home mortgage foreclosures over the coming six years. Up to eleven million underwater mortgages will be affected. Neither our families, our neighborhoods, nor our state and national economies can ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- "You Don't Miss Your Water 'Til Your River Runs Dry": Regulating
Industrial Supply Shortages after "China Raw Materials"-
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Abstract: Global industrial production depends on stable access to raw inputs. Food price volatility has emerged as a major concern for Group of Twenty Finance Ministers and Central Bank Governors (G20), while we are hearing new calls for bringing global disciplines to resource cartels like the Organization ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- The Double Liar Dilemma in Business Negotiations
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Abstract: "[T]he liar's punishment is, not in the least that he is not believed, but that he cannot believe anyone else." - George Bernard Shaw1 The double liar dilemma is a perplexing issue that courts face when shaping the law that governs contract negotiation. In essence, the dilemma is whether a lie by ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- The Adequate Procedures Defense under the UK Bribery Act: A British Idea
for the Foreign Corrupt Practices Act-
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Abstract: Introduction On July 1, 2011, the United Kingdom's new anti-bribery law, the UK Bribery Act ("Bribery Act came into force.1 The Bribery Act, one of the most comprehensive international laws governing both domestic and foreign bribery, has been viewed as a broader and tougher foreign anti-bribery ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- Reducing Systemic Risk: The Role of Money Market Mutual Funds as
Substitutes for Federally Insured Bank Deposits-
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Abstract: In the wake of the events of September 2008, money market mutual funds have made significant changes to the way they invest. Those changes have been driven by business and investment needs as well as by substantial revisions to the regulatory framework in which funds operate. Yet, some ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Mon, 01 Oct 2012 00:00:00 -050
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- Rethinking 363 Sales
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Abstract: Rather than go through the traditional Chapter 11 reorganization process, insolvent companies increasingly seek to sell all or substantially all of their assets under the authority of section 363 of the Bankruptcy Code. Such 363 sales offer certain advantages over reorganizations; they can be ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Sun, 01 Apr 2012 00:00:00 -050
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- Federalizing Fiduciary Duty: The Altered Scope of Officer Fiduciary Duty
Following Orderly Liquidation under Dodd-Frank-
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Abstract: Introduction The financial crisis of 2008 ushered in a new era of regulatory reform in the United States. The failure of several large banks prompted Congressional scrutiny of the U.S. bank regulatory system. Many critics highlighted the government's failure to intervene to prevent Lehman Brothers' ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Sun, 01 Apr 2012 00:00:00 -050
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- Is Imposing Liability on Credit Rating Agencies a Good Idea': Credit
Rating Agency Reform in the Aftermath of the Global Financial Crisis-
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Abstract: Introduction Credit Rating Agencies (CRAs) have an important function in the global economy. Ideally, they provide valuable information that enhances investors' ability to make investment decisions. As such, they have an obligation to ensure that the ratings they assign are accurate. In addition, ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Sun, 01 Apr 2012 00:00:00 -050
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- Control Share Acts, Closed-End Funds, and the Battle for Corporate Control
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Abstract: This Article explores the economic and public policy harms that arise when closed-end funds assume antitakeover defenses, an issue at the heart of a recent no-action letter issued by the U.S. Securities and Exchange Commission. It argues that, in the case of closed-end funds, state antitakeover ... (Publication: Stanford Journal of Law, Business & Finance)
PubDate: Sun, 01 Apr 2012 00:00:00 -050
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