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Bankruptcy and Insolvency  

Robert M. Lawless and Elizabeth Warren

Print publication date:
Nov 2010
Online publication date:
Sep 2012
This article assesses the state of empirical legal research and chronicles the field's history focusing on bankruptcy. This article begins with a discussion of what might have attracted ... More

Comparative Law and Economic Analysis of Law  

Florian Faust

Print publication date:
Mar 2019
Online publication date:
May 2019
This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it ... More

Comparative Sales Law  

Peter Huber

Print publication date:
Mar 2019
Online publication date:
May 2019
The story of comparative law in the field of sales contracts is inextricably linked to Ernst Rabel. Rabel not only prepared the basis for any comparative study of the modern law of sales ... More

Conduct of Business Regulation  

Andrew Tuch

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter examines conduct of business (COB) regulation, which governs the conduct of financial intermediaries in providing financial products and services. It considers financial ... More

The Consumer Interest and the Financial Markets  

Dimity Kingsford-Smith and Olivia Dixon

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter examines the paradox underlying the regulation of consumer interest in financial markets. It explains how consumer interest in financial markets is shaped by the ... More

Creating Poverty  

Jason Beckett

Print publication date:
Jun 2016
Online publication date:
Nov 2016
This chapter argues that poverty is created, maintained, and regulated. Global poverty occupies a unique position as both the ‘blind spot’ and raison d’être of an international legal ... More

Cross-Border Supervision of Financial Institutions  

Douglas W. Arner

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter discusses regulation and supervision of financial institutions operating across borders. The cross-border supervision of internationally active financial institutions raises a ... More

Death, Taxes, and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law  

Thomas Horsley

Print publication date:
Jul 2015
Online publication date:
Mar 2015
This chapter examines the provisions of the Treaty on the Functioning of the European Union regulating capital movements both within the internal market and between Member States and third ... More

Disclosure and Financial Market Regulation  

Luca Enriques and Sergio Gilotta

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter examines the debate over mandatory disclosure (MD) to the general public as a regulatory technique for financial markets, with emphasis on issuers of securities. It begins by ... More

Economic Development, Financial Systems, and the Law  

Colin Mayer

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter examines evidence on the structure of ownership, control, and financing of corporate sectors in developed countries to draw lessons for economic development and the ... More

Economic Relations and Integration  

Frank Schimmelfennig

Print publication date:
Nov 2016
Online publication date:
Nov 2017
This chapter deals with issues of regional economic integration in a comparative perspective. It is divided into two parts: a conceptual and a theoretical part. The conceptual part starts ... More

The Economics of Fiduciary Law  

Richard R.W. Brooks

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the treatment of fiduciary law in the field of law and economics. It begins with a typology of three theoretical tracts that accounts for loyalty in economics: the ... More

Enforcement and Sanctioning  

Iain MacNeil

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter deals with enforcement and sanctioning as part of financial regulation. It examines issues such as the role of private enforcement in supplementing public enforcement, the ... More

The Evolution of Theory and Method in Law and Finance  

Simon Deakin

Print publication date:
Aug 2015
Online publication date:
Nov 2015
This Chapter traces the evolution of theories and methods in law and finance following the financial crisis in 2008. It begins by analysing the notion of financial (and other) markets as ... More

Fiduciary Law and Financial Regulation  

Howell E. Jackson and Talia B. Gillis

Print publication date:
May 2019
Online publication date:
May 2019
This chapter explores the application of fiduciary duties to regulated financial firms and financial services. At first blush, the need for such a chapter might strike some as surprising ... More

Fiduciary Principles in Banking  

Andrew F. Tuch

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines fiduciary principles in banking law, focusing on both commercial and investment banking. It considers when fiduciary duties exist and what they require, the range of ... More

Fiduciary Principles in Bankruptcy and Insolvency  

John A. E. Pottow

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines fiduciary duties in bankruptcy and insolvency, focusing on the bankruptcy trustee’s duties, which are triggered by virtue of appointment in a case. It first provides ... More

Fiduciary Principles in Charities and Other Nonprofits  

Lloyd Hitoshi Mayer

Print publication date:
May 2019
Online publication date:
May 2019
This chapter provides an overview of the fiduciary principles that apply to charities and other nonprofit organizations. More specifically, it discusses the criteria that trigger a ... More

Fiduciary Principles in Investment Advice  

Arthur B. Laby

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the fiduciary principles governing investment advice. Fiduciary principles in investment advice are both straightforward and complex. They are straightforward because ... More

Fiduciary Principles in Pension Law  

Dana M. Muir

Print publication date:
May 2019
Online publication date:
May 2019
This chapter examines the underlying fiduciary principles of pension law, focusing on two forms of pension plans: defined contribution (DC) plan and defined benefit (DB) plan. It first ... More

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