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Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton 2010 Syracuse University

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

College of Law Faculty - Scholarship

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance 2010 University of Michigan Law School

Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance

Michigan Technology Law Review

A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at ...


Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan 2010 University of Ottawa

Identity, Effectiveness, And Newness In Transjudicialism's Coming Of Age, Mark Toufayan

Michigan Journal of International Law

This Article attempts to expose and problematize the ideological connections and normative commitments between these theoretical explanations of effectiveness and the pragmatic process-oriented proposals made in the 1990s when the United Nations was searching for ways to renew the discipline of international human rights law while avoiding the dual risks of politicization and Third World normative fragmentation. The liberal theory of effective supranational adjudication was the culmination of decade-long efforts by American liberal internationalists to provide a theoretical basis for and programmatic proposals towards achieving a more "effective" international human rights regime. Their theory aims at structuring the interface between ...


The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton 2010 Melbourne Law School

The Inherent Jurisdiction Of Wto Tribunals: The Select Application Of Public International Law Required By The Judicial Function, Andrew D. Mitchell, David Heaton

Michigan Journal of International Law

This Article explores whether World Trade Organization (WTO) panels and the Appellate Body (WTO Tribunals) have the power to apply certain rules of public international law by reason of their judicial character, and because the application of these rules is necessary for the proper exercise of their judicial function. In other words, it seeks to answer the following questions: Do WTO Tribunals have inherent jurisdiction? And, if so, what are some of the rules applicable under and limitations on this jurisdiction?


Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser 2010 Brooklyn Law School

Blended Enterprise And The Dual Mission Dilemma, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer 2010 Brooklyn Law School

Organizational Liability And The Tension Between Corporate And Criminal Law, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Governing And Financing Blended Enterprise, Dana Brakman Reiser 2010 Brooklyn Law School

Governing And Financing Blended Enterprise, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


Commentary: The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman 2010 Elisabeth Haub School of Law at Pace University

Commentary: The Federalization Of Nonprofit Regulation And Its Discontents, James J. Fishman

Pace Law Faculty Publications

The Internal Revenue Service, at the instigation of the Senate Finance committee-the Service's primary congressional overseer-has commenced a corporate governance initiative by issuing announcements and guidelines, as well as providing educational advice as to how charities' internal affairs should be ordered. The Service also has revised the Form 990 Annual Information Return, a publicly available document, so that it contains mandatory corporate governance questions.2 Nonprofit organizations traditionally have been creatures of state law and overseen by state agencies and regulators.3 What is unique about the corporate governance initiative is the Service's admission that it lacks express ...


Why Culture Matters In International Institutions: The Marginality Of Human Rights At The World Bank, Galit A. Sarfaty 2010 Allard School of Law at the University of British Columbia

Why Culture Matters In International Institutions: The Marginality Of Human Rights At The World Bank, Galit A. Sarfaty

Faculty Publications

Why do international organizations (IOs) behave as they do? Scholarship in international law and international relations reflects an emerging interest in IOs, yet it overemphasizes the role of states in shaping how IOs behave and make policy. Understanding institutional behavior and change requires an ethnographic analysis of the internal dynamics of IOs, including their formal and informal norms, incentive systems, and decision-making processes. This Article analyzes the organizational culture of one particularly powerful international institution - the World Bank - based on ethnographic fieldwork at the Bank over four years. It seeks to understand why the institution has not adopted a human ...


Tsa's Breach Of Sensitive Security Information, McKay Smith 2009 George Washington University Law School

Tsa's Breach Of Sensitive Security Information, Mckay Smith

McKay Smith

No abstract provided.


Setting Aside An Arbitration Award, Fernando Leila 2009 Fordham University

Setting Aside An Arbitration Award, Fernando Leila

Fernando Leila

I - Facts Most arbitration rules stipulate that the arbitral awards that result from arbitration under those agreements or rules are ‘final.’ Yet there is almost always the possibility for a party to challenge the award, whether or not the parties have agreed. According to the United Nations Commission on International Trade Law (“UNCITRAL”), a successful challenge will usually result in the award being ‘set aside,’ ‘vacated,’ or’ annulled,’ and therefore ceasing to exist, at least within the jurisdiction of the court setting it aside. To set aside an award means to 'declare the award to be disregarded in whole or ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton 2009 Syracuse University

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

A. Joseph Warburton

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


The Missing Link Of Democracy, Fernando Leila 2009 Fordham University

The Missing Link Of Democracy, Fernando Leila

Fernando Leila

The Missing Link of Democracy: The Federal Reserve Submission to the Democratic Government

“If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, (i.e., the "business cycle") the banks and corporations that will grow up around them will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered.”

Thomas Jefferson

Abstract

This paper examines the shortcomings of the Federal Reserve (the “Fed”) as an institution, its power and policy under a democratic system of government, and the consequences thereof.

America is ...


Using Podcasts To Support Students In A Land Law Class, Michael LP Lower, Keith Thomas, Annisa Ho 2009 Chinese University of Hong Kong

Using Podcasts To Support Students In A Land Law Class, Michael Lp Lower, Keith Thomas, Annisa Ho

Michael LP Lower

This paper describes the experience of creating and using podcasts to support student learning of land law for JD and LL.M. students in Hong Kong. Podcasting involves preparing a series of audio or video broadcast files for download onto a digital media player by students. Four different types of podcast were prepared for the law class in question. Some were simply podcasts, while others were embedded in PowerPoint slides and converted into flash files using ‘Authorpoint’. Together, the podcasts sought to give students an introduction/ review of the main topics and of the problem questions discussed in class.

The ...


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