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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > General
In this updated edition, author Nicola Jentzsch provides an in-depth analysis of the economics and regulation of financial privacy. You get a comparative overview of credit reporting systems in the US and in the 27 member states of the European Union. This is the "most in-depth study of the history and economics of credit reporting to date," according to David Medine, former Associate Director of the U.S. Federal Trade Commission.
Challenges facing central bankers are expertly examined and analyzed. The book explores monetary policy and financial crisis as well as insolvency, collective action clauses, international mediation, and management of central banks. The author has worked as an economist at the Monetary and Economic Department of the Bank for International Settlements and as an international mediator for the Secretariat of the G10 Ministers and Governors.
'This is a most useful book which nicely combines theory and practice. In it the authors provide a framework which helps us better understand the nature of modern financial crises and how monetary and regulatory policies interact in delivering price and financial stability. Certainly worth reading by academics, policymakers and all those interested in deepening their knowledge of how modern financial systems work in both good and bad times.' - Jose Vinals, Standard Chartered, UK 'This collection of papers is a remarkable tour de force. Goodhart and Tsomocos have made pioneering steps toward understanding the causes of financial crises and showing how the financial system can be regulated to reduce and mitigate them. A must-read for anyone interested in financial stability.' - Doyne Farmer, University of Oxford, UK 'Today almost everyone realizes the crucial importance of liquidity, a painful lesson taught by the global financial crisis. This collection records that Goodhart and Tsomocos were early and persistent voices, initially in the wilderness but now almost mainstream, showing the way forward by clothing old wisdom in new modelling.' - Perry G. Mehrling, Columbia University, US Charles Goodhart and Dimitrios P. Tsomocos examine the interaction of monetary and regulatory policy to achieve the important goals of price and financial stability. Their focus is on the relationship between liquidity and default in the post-crisis context, with special emphasis on macroprudential regulation. Exploring how financial stability can be continually assessed and measured, Financial Regulation and Stability discusses the interrelationships between liquidity and default. Without default there would be no concern about liquidity. But the financial crisis was not just a liquidity problem, it requires a general equilibrium model. The authors' model delineates all the potential interrelationships between the real and financial sectors of the economy, with special emphasis on the interaction between liquidity and default. Economists and central bankers will greatly benefit from the practical advice offered in this book to aid financial stability. Advanced students of financial economics will also find this a vital read to understand the consequences of the 2007-8 financial crisis in more depth and the lessons to be learnt.
The years from 2000 to 2010 were bookended by two major economic
crises. The bursting of the dotcom bubble and the extended bear
market of 2000 to 2002 prompted Congress to pass the Sarbanes-Oxley
Act, which was directed at core aspects of corporate governance. At
the end of the decade came the bursting of the housing bubble,
followed by a severe credit crunch, and the worst economic downturn
in decades. In response, Congress passed the Dodd-Frank Act, which
changed vast swathes of financial regulation. Among these changes
were a number of significant corporate governance reforms.
In most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics. The Handbook begins with a section devoted to legal issues surrounding the US's ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union. This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading. Contributors: K. Alexander, S.M. Bainbridge, L.N. Beny, S.F. Diamond, J. Fisch, J.M. Heminway, M.T. Henderson, N.C. Howson, H. Huang, K. Kendall, S.H. Kim, T.A. Lambert, K. Langenbucher, D.C. Langevoort, H.G. Manne, M. Nelemans, A. Padilla, A.C. Pritchard, J.M. Ramseyer, M.C. Schouten, H.N. Seyhun, A.F. Simpson, J.W. Verret, G. Walker
Economic theory indicates that financial markets play a prominent role to the efficient allocation of resources in the modern world. Financial markets can fulfil this role if they enjoy the confidence of investors and are free of abuse. The financial frauds associated with the collapse of Enron and the major crises in world leading corporations such as WorldCom, Adelphia, Tyco, and the 'Wall Street financial scandals' have shown that fraud, manipulation, and insider dealing retain a catastrophic presence in modern financial markets. Proper deterrence of market abuse is necessary not only for the effective operation of modern financial markets, but also for regaining investor confidence. This book analyses the mechanics and regulation of two of the most harmful market practices in the modern financial world: insider dealing and market manipulation, which together comprise the offence of market abuse. Avgouleas examines the UK and EC regimes from an interdisciplinary perspective, also making extensive and critical use of US case law. He emphasizes the economic analysis of anti-fraud manipulation regulations and their effects upon market welfare and explores the possible deterrent benefits of civil law remedies.
This study traces the history of the law of bills and notes in England from medieval times to the period in the late eighteenth and early nineteenth centuries when bills played a central role in the domestic and international financial system. It challenges the traditional theory that English commercial law developed by incorporation of the concept of negotiability and other rules from an ancient body of customary law known as the law merchant. Rogers shows that the law of bills was developed within the common law system itself, in response to changing economic and business practices. This account draws on economic and business history to explain how bills were actually used and to examine the relationship between the law of bills and economic and social controversies.
Over the last decade, the U.S., UK Israel and other states have begun to use Unmanned Aerial Vehicles (UAVs) for military operations and for targeted killings in places like Pakistan, Yemen and Somalia. Worldwide, over 80 governments are developing their own drone programs, and even non-state actors such as the Islamic State have begun to experiment with drones. The speed of technological change and adaptation with drones is so rapid that it is outpacing the legal and ethical frameworks which govern the use of force. This volume brings together experts in law, ethics and political science to address how drone technology is slowly changing the rules and norms surrounding the use of force and enabling new, sometimes unprecedented, actions by states. It addresses some of the most crucial questions in the debate over drones today. Are drones a revolutionary form of technology that will transform warfare or is their effect merely hype? Can drone use on the battlefield be made wholly consistent with international law? How does drone technology begin to shift the norms governing the use of force? What new legal and ethical problems are presented by targeted killings outside of declared war zones? Should drones be considered a humane form of warfare? Finally, is it possible that drones could be a force for good in humanitarian disasters and peacekeeping missions in the near future? This book was previously published as a special issue of The International Journal of Human Rights.
Everyone deserves to be able to retire with dignity, but this core feature of the social contract is in jeopardy. Companies have swerved away from pensions, and most of the workforce has woefully inadequate retirement savings. If we don't act to fix this broken system, rates of impoverishment for senior citizens threaten to skyrocket, and tens of millions of Americans reaching retirement age in the coming decades will be forced to delay retirement and will experience a dramatic drop in their standard of living. In Rescuing Retirement, Teresa Ghilarducci and Tony James offer a comprehensive yet simple plan to help workers save for retirement, increase retirement savings by earning higher returns, and guarantee lifelong income for everyone. Built on people's own money in individual Guaranteed Retirement Accounts, the plan requires no new taxes, no more bureaucracy, and no increase in the deficit. Speaking to Americans' growing anxiety about their ability to retire, Rescuing Retirement provides answers to anyone wanting to understand the growing movement to protect a period of life once considered a deserved time of rest and creativity and offers a practical guide to the future of secure retirement.
Im Zuge der Finanzkrise ist die Europaische Wirtschafts- und Wahrungsunion (WWU) tiefgreifend umgestaltet worden. Die WWU war zuvor stark hinkend: Eine vollendete Wahrungsunion war auf eine nur schwach koordinierte Wirtschaftspolitik gestutzt. Die Finanzkrise hat den Willen gestarkt, entschiedene Schritte in Richtung einer echten Wirtschaftsregierung ("economic governance") zu setzen. Die "neue WWU" weist noch zahlreiche Bruchstellen auf. An anderen Stellen wird weiter gebaut. Insgesamt zeigt die WWU mittlerweile aber einen weit starkeren Integrationsgrad. Den EU-Mitgliedstaaten wird einerseits eine groessere Haushaltsdisziplin abverlangt, andererseits aber auch mehr wechselseitige Solidaritat. In diesem Sammelwerk nehmen namhafte Experten eine Bestandsaufnahme zur WWU vor und verweisen auf die sich abzeichnenden Entwicklungslinien der neuen europaischen Finanzarchitektur. Ausfuhrlich analysiert wird die einschlagige Rechtsprechung von EuGH und BVerfG. Behandelt werden Six-Pack, Fiskalpakt und ESM. Die Analyse erfolgt sowohl aus europarechtlicher, voelkerrechtlicher und verfassungsrechtlicher Perspektive als auch aus wirtschaftswissenschaftlicher und politikwissenschaftlicher Warte.
The Oxford Handbook of Pensions and Retirement Income is the only comprehensive review available of the latest research, policy-related tools, analytical methods and techniques, and major theoretical frameworks and principles of pension and retirement income. Featuring over forty contributions from leading academic and professional experts, the handbook draws on research from a range of academic disciplines to reflect on the implications for current and future provision of pension and retirement income of demographic ageing, the changing financial circumstances of nation states, and globalization. An indispensable desk reference for researchers and practitioners in the area, it is also essential for policymakers and those with broad interests which include this very important area. Contributors: William C. Apgar, Camila Arza, Anthony Asher, Vickie L. Bajtelsmit, Armando Barrientos, Rob Bauer, Gary Burtless, John Y. Campbell, Gordon L. Clark, Adam Creighton, E Philip Davis, Johan J. De Deken, Zhu Xiao Di, Richard Disney, Bernhard Ebbinghaus, Robin Ellison, Ewald Engelen, Gosta Esping-Andersen, Teresa Ghilarducci, Tryggvi Thor Herbertsson, Roy P.M.M. Hoevenaars, Tony Hope, Yu-Wei Hu, Paul Johnson, Andre Laboul, Florence Legros, David McCarthy, Warren McGillivray, Carmelo Mesa-Lago, Marilyn Moon, Alicia H. Munnell, John Myles, David Neumark, Naohiro Ogawa, J. Michael Orszag, Hanam S. Phang, John Piggott, Eduard Ponds, James Poterba, Neha Sand, Steven Sass, Julian Savulescu, Tom B.M. Steenkamp, Annika Sunden, Noriyuki Takayama, Patricia Thane, Ian Tonks, Bart van Riel, Steven F. Venti, Luis M. Viceira, Noel Whiteside, Geoffrey Whittington, David A. Wise, and Juan Yermo.
Beginning 30 years ago American citizens were allowed to own and exchange gold in any form, something they had not been able to do for the previous 40 years. Restrictions on gold began with a series of actions intended to buttress the collapsing economy of the 1930s, including executive and legislative action forbidding the private ownership of and trading in gold and abrogating "gold clauses" in contracts--obligations payable in gold or in dollars measured by gold. All of these actions were subsequently upheld by the U.S. Supreme Court. They have profound implications for us today. This book provides a full and thoughtful consideration of all these issues, including the economic and legal history of the events of the 1930s, the effects of those events on government and private practices since that time, the economics of gold clauses and other indexing devices, and the anticipated impact of the legalization of gold ownership. It includes chapters by James M. Buchanan and T. Nicolaus Tideman, Milton Friedman, Harry G. Johnson, Ralph K. Winter, and Gerald T. Dunne, as well as discussions by Allan Meltzer, Karl Brunner, Armen Alchian, Lester Chandler, and David Meiselman among others. The diverse points of view represented make this book valuable to a broad spectrum of people concerned with the relationship between legal and economic policy; with the role of money in times of depression or inflation; and with the importance of gold itself in international and domestic economic systems. It will be important to economists concerned with international trade, macroeconomics, monetary economics; legal scholars concerned with problems of constitutional law, international trade, and the theory of contracts; and to that large group of people who are interested in precious metal that has long been central to human affairs. "Henry G. Manne" is dean and university professor emeritus at George Mason University. He has published many books and articles and is an Honorary Life Member of the American Law and Economics Association. He is considered an expert in insider trading, legal education, law and economics. "Roger LeRoy Miller" is associated with the Institute for University Studies in Arlington, Texas. Some of his most recent books include "Money, Banking and Financial Markets" (with David D. VanHoose), "Business Law Today: The Essentials" (with Gaylord A. Jentz) and "Economics Today."
International organizations and other global governance bodies often make rules and decisions without input from many of the individuals, groups, firms, and governments that are affected by them. The standards of the Basel Committee on Banking Supervision, for instance, developed by a small number of states, govern financial markets and the safety of bank deposits in over a hundred jurisdictions. Historically, the interests of developing countries, as well as non-commercial and diffuse interests within countries, have been excluded or disregarded in global governance. Scholars and practitioners have criticised this democratic deficit and called for greater participation of such marginalized stakeholders. Against this background, international institutions have introduced a variety of reforms with the goal of increasing and facilitating the participation of these excluded stakeholders. This book brings together an expert group of scholars and practitioners to investigate the consequences of stakeholder participation reforms in the global governance of health and finance: What reforms have been introduced? Have these reforms given previously marginalized stakeholders a voice in global governance bodies? What effect have these reforms had on the legitimacy and effectiveness of global governance? To answer these questions, the book examines treaty-based intergovernmental organizations alongside newer forms of global governance such as trans-governmental regulatory networks, multi-stakeholder partnerships, and private standard setting bodies. Through a series of paired comparative analyses, the book provides insights into the experiences of large emerging and smaller or lower income developing countries (Brazil v. Argentina, China v. Vietnam, India v. the Philippines) in a diverse set of organizations, including the World Bank and the World Health Organization, the Basel Committee on Banking Supervision, the Global Fund to Fight AIDS, Tuberculosis and Malaria, the International Accounting Standards Board, Codex Alimentarius Commission and more.
A team of scholars with backgrounds in criminology, sociology, economics, business, government regulation, and law examine the historical, social, and cultural causes of the 2008 economic crisis. Essays probe the workings of the toxic subprime loan industry, the role of external auditors, the consequences of Wall Street deregulation, the manipulations of alpha hedge fund managers, and the "Ponzi-like" culture of contemporary capitalism. They unravel modern finance's complex schematics and highlight their susceptibility to corruption, fraud, and outright racketeering. They examine the involvement of enablers, including accountants, lawyers, credit rating agencies, and regulatory workers, who failed to protect the public interest and enforce existing checks and balances. While the United States was "ground zero" of the meltdown, the financial crimes of other countries intensified the disaster. Internationally-focused essays consider bad practices in China and the European property markets and draw attention to the far-reaching consequences of transnational money laundering and tax evasion schemes. By approaching the 2008 crisis from the perspective of white collar criminology, contributors build a more general understanding of the collapse and crystallize the multiple human and institutional factors preventing capture of even the worst offenders.
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Der Schuldzinsenabzug im Einkommensteuerrecht ist seit vielen Jahren ein kontrovers diskutiertes Thema im Steuerrecht. Die Rechtsprechung des BFH zum so genannten "Zwei-Konten-Modell" hat in der Praxis zu vielfaltigen Gestaltungsmodellen gefuhrt. Zur Beschrankung des Schuldzinsenabzugs bei den Gewinneinkunftsarten beschloss der Gesetzgeber im Jahre 1999 den 4 Abs. 4a EStG. Nach einer kurzen Darstellung der Rechtsprechung des BFH als Ausgangslage wird der neue 4 Abs. 4a EStG umfassend erlautert. Der Schwerpunkt der Arbeit ist die Anwendbarkeit auf Personengesellschaften. Hier wird nicht nur die Frage diskutiert, ob 4 Abs. 4a EStG - ahnlich wie bei 6 b, 6 Abs. 5 EStG - gesellschafts- oder gesellschafterbezogen anzuwenden ist, sondern auch untersucht, wie der Begriff der Einlage und Entnahme im Rahmen des 4 Abs. 4a EStG bei der UEberfuhrung bzw. UEbertragung von Wirtschaftsgutern bei Personengesellschaften auszulegen ist.
Topics covered in this book include: jurisdictions of the world, principles of world insolvency law, bank term loans and syndicated credits, international bond issues and capital markets, trusts in financial transactions, set-off and netting, payment and securities clearing systems, and security interests and title finance.
On 9 November 2005 a symposium took place on the realisation of the Takeover Directive in Europe which was attended by experts on takeover law from six Member States. Their papers are compiled in this volume.
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."
Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority. |
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