CARlA BODO Board Member of the Cultural Information and Research Centres liaison in Europe (CIRCLE) and Director of the Observatory for the Performing Arts at the Department of the Performing Arts of the Italian Prime Minister's Office, Roma The relation between the public and the private sector in the field of culture, the central theme of this publication, was thoroughly debated during the 1997 CIRCLE Round Table in Amsterdam. It was not the first time CIRCLE addressed this issue. In 1988 CIRCLE'S Bureau was invited to participate in a seminar in Budapest on The State, the Market and Culture. I will never forget the emotional impact of Sacha Rubinstein's demonization of state sup port and his apotheosis of the role of the market in the cultural field in Russia. So, in ad vance of actual events, we suddenly had a premonition of what was going to happen, ofthe turmoil which was about to radically change the socio-political scene of Central and East ern Europe. Six years later, in 1994, we met again in Budapest for a Conference on The Distribu tion of Roles between Government and Arts Councils, Associations and Foundations."

Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflict between capital and labour. Yet, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been largely overlooked by socio-legal scholars. This book remedies that neglect. It compares English and American insolvency laws to identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. It shows how corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

In the next wave of conduct regulation in financial markets, from 2021 conduct regulators in the UK and elsewhere expect firms to produce evidence on how they are improving behaviour and culture. Facing this, many practitioners are anxious that their current reporting and management information (MI) are irrelevant to meeting as-yet unclear regulatory expectations. This book provides the insights and tools firms need to report on culture, securing both enhanced business value and the regulator's approval. Culture is now seen as a key contributor to good governance, feeding into existing discourse on environmental, social and governance (ESG) factors and the emerging dialogue on 'non-financial (mis)conduct', but conventional measures of business quality are unfit for the new reporting agenda. Culture Audit in Financial Services follows the arc of 'behavioural regulation' to examine what the regulator really wants, before offering guidance on how culture audit differs from conventional auditing, how to put the latest pure-research findings to work, and the key features of well-designed conduct and culture reports. Written by an impartial author and a variety of contributors with extensive experience working with practitioners, regulators, and many of the world's finest academic initiatives, this book is filled with practical, grounded advice on how best to approach this new challenge and avoid infractions.

With the extension of activities by banks and building societies, it is now difficult to demarcate between them. The differences that do still exist are largely due to the historical development of building societies and the purposes for which they were established. Many of the restrictions imposed on building societies have now been removed, but many prefer the freedom afforded to banks and have sought to register themselves under the Banking Act 1987. This book examines the law relating to banks and building societies, highlighting the differences in the regulation process and activities of the two institutions. It takes a close look at the extent to which they are both governed by the same systems of law, particularly in respect of banker and customer relationships.

This is a history-though, intentionally, a brief history-of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field's relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field-Ronald Coase, Guido Calabresi, and Richard Posner-and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.

The growth of financial markets has clearly outpaced the development of financial market regulations. With growing complexity in the world of finance, and the resultant higher frequency of financial crises, all eyes have shifted toward the current inadequacy of financial regulation. This book expertly examines what this episode means for Asia's financial sector and its stability, and what the implications will be for the region's financial regulation. By focusing on legal and institutional frameworks, the book also elaborates on various issues and challenges in terms of how financial liberalization can maximize the benefits and minimize the risks of crisis. The book will appeal to academics, students, and policymakers across a diverse range of fields including: international finance and trade, economics, Asian studies, development, and development economics.

This book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest - a combination of statutes and case law - has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine - the policy against wagering, the prevention of moral hazard and the doctrine's relationship with the indemnity principle - still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.

Over the past few years, an increasing number of cases have come to light in which securities transactions were erroneously concluded at non-market prices, i.e. so-called mistrades . The examination considers the rights of those involved in mistrades to nullify the transactions."

This book defines and identifies the so-called "financial war on terror." It provides a critical review of the impact of counter-terrorist financing strategies and measures in a number of jurisdictions as well as those enacted by international organizations.

The book analyses the measures introduced by the United Nations, including the UN sanctions against terrorists and the operation of its anti-terrorist sanctions committees. The Special Recommendations of the Financial Action Task Force are also considered. Detailed commentary of the counter-terrorist financing measures of the European Union and the Council of Europe is included. Particular attention is paid to the Framework Decisions on Combating Terrorism, the Council Common Positions on Combating Terrorism and the EU Anti-Terrorism Sanctions Regime.

The book then goes onto to review the measures put in place in the US following September 11th 2001. The roles of the of the Department of Treasury, the Financial Crimes Enforcement Network and the Office of Foreign Assets Control are assessed along with the merger of its anti-money laundering and counter-terrorist financing policies. Looking to the UK Nicholas Ryder considers the UK s history of implementing counter-terrorist financing measures which were used against terrorist groups in Northern Ireland. He then goes on to explore the evolution of the UKs counter-terrorist financing measures to the recent measures against Islamic terrorist groups. The book also explores the counter-terrorist financing measures adopted in Switzerland and the impact of the financial war on terror in Saudi Arabia. The book highlights the levels of compliance in each of the selected jurisdictions with the requirements of the "financial war on terror."

Offering a much-needed legal analysis of the measures enacted under the "financial war on terror" this book is a valuable resource for those researching in law, terrorism studies, criminal justice, and finance."

This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statutes, and the regulators and market participants involved. In addition to a general summary of the topic, this volume provides detailed explanations of the process for registering securities, exemptions from registration, secondary distributions, and the underwriting process.Scholars and students of financial law, banking and regulatory law will find this book a useful resource, as will attorneys, compliance professionals, risk-mitigation professionals and corporate leaders. Contributors: B. Black, L.A. Blau, R.C. Campos, P. Evans, J. Fanto, J. Gabilondo, Z.J. Gubler, T.L. Hazen, W.A. Kaal, A.B. Laby, M. Liston, J. MacLeod Heminway, M.Q. Paz

From a single product offering in 1963, the Islamic financial services industry has grown to an estimated $1.6 trillion in assets. Products must comply with profit and risk-sharing criteria and regulations preventing banks from venturing into activities with high risk and excessive uncertainty. This timely volume analyses these matters and considers the range of new products, discussing both conceptual and practical dimensions.The expert contributors examine why an ethical foundation is important and why the system requires well-thought-out regulations to ensure outcomes that protect the community's well-being. The volume explores in detail the nature of Islamic banking products and their risk elements, how the system differs from conventional banking in theory and practice, and how Islamic financial institutions are rated and regulated. It also connects Islamic finance to the mainstream theoretical literature on financial intermediation whilst exploring its differences. Offering a detailed examination of the risk and regulation of Islamic banking products, this unique volume will be of great interest to Islamic and Western universities with courses in Islamic studies and finance. Islamic research centers and training institutes, central banks and Islamic regulatory agencies will also find this a valuable resource. Contributors: M. Ariff, M.A.M. Ayob, O.I. Bacha, Z. Hassan, M. Iqbal, A. Kaleem, M.A Laldin, Y.K.Leng, M.K.Lewis, A. Mirakhor, S. Mohamad, M.Z. Othman, S.P. Parashar, V. Promwichit, M. Safari, M.T. Skully, R. Zaman

Tax Havens for International Business is a special management report that shows how the establishment of a tax haven operation, in any of many locations worldwide, can save more money than any internal tax-shelter programme. This volume provides a comprehensive, step-by-step plan that simplifies the myriad complexities surrounding the formation and incorporation of branch offices and subsidiary companies within such tax havens as the Bahamas, Bermuda, the Cayman Islands, Greece, Hong Kong, Luxembourg, Malta, The Netherlands, Panama, Puerto Rico, and Switzerland. In addition, it presents detailed information on each tax haven's economic, legal, political, cultural and geographical aspects, which must be considered if such an enterprise is to operate successfully.

This volume contains essays and discussions from the Conference of the Association of German Constitutional Law Instructors held October 7 - 10, 2009 in Graz.

This book has been written while the author was a member of the long-term research program "Internationalization of the Economy" (Sonderforschungsbereich 178) at the University of Konstanz. Its subject, the harmonization of commodity taxes in the European Community's internal market, has been intensely - and controversially - debated among both economists and legal scholars. The interdisciplinary contacts in the research program have contributed to the shape of the present study, even though the analysis is confined to the economic aspects involved. lowe sincere thanks to my academic teacher, Professor Bernd Genser, who con- stantly supported this work with both general advice and detailed comments and who created within his research unit a stimulating and cooperative environment. Professor Albert Schweinberger shared some of his expertise on trade issues with me and made a number of valuable suggestions. I am also grateful to Professor Hans- Jurgen Vosgerau for his successful efforts to create favorable working conditions, and for support on several occasions. I have further benefitted from discussions with both members and non-members of the research program in Konstanz. Helpful comments and suggestions were re- ceived from Max Albert, Professor John Chipman, Karl-Josef Koch, Professor Wil- helm Kohler, Jurgen Meckl, Gunther Schulze, Professor John Whalley, and Professor Wolfgang Wiegard. Stefan Menner introduced to me the legal perspective on tax har- monization and helped me to overcome at least some of the barriers of specialization.

In Taxes on Knowledge in America, Randall P. Bezanson explores the extent to which the publication and distribution of current public information is effected by economic exactions. The book begins with a brief overview of the English history and experience with knowledge taxes, before turning to a discussion of knowledge taxes in America from colonial times to the present. In addition to covering traditional printed publications, Bezanson looks at recent developments in broadcast and cable telecommunications, devotes a chapter to the history of the postal system, and gleans insight from three benchmark Supreme Court decisions. Bezanson provocatively concludes that knowledge is common property and knowledge taxes should be measured by their impact on the diversity of ideas and availability of information throughout society.

For decades, the public company has played a dominant role in the American economy. Since the middle of the 20th century, the nature of the public company has changed considerably. The transformation has been a fascinating one, marked by scandals, political controversy, wide swings in investor and public sentiment, mismanagement, entrepreneurial verve, noisy corporate "raiders" and various other larger-than-life personalities. Nevertheless, amidst a voluminous literature on corporations, a systematic historical analysis of the changes that have occurred is lacking. The Public Company Transformed correspondingly analyzes how the public company has been recast from the mid-20th century through to the present day, with particular emphasis on senior corporate executives and the constraints affecting the choices available to them. The chronological point of departure is the managerial capitalism era, which prevailed in large American corporations following World War II. The book explores managerial capitalism's rise, its 1950s and 1960s heyday, and its fall in the 1970s and 1980s. It describes the American public companies and executives that enjoyed prosperity during the 1990s, and the reversal of fortunes in the 2000s precipitated by corporate scandals and the financial crisis of 2008. The book also considers the regulation of public companies in detail, and discusses developments in shareholder activism, company boards, chief executives, and concerns about oligopoly. The volume concludes by offering conjectures on the future of the public corporation, and suggests that predictions of the demise of the public company have been exaggerated.