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| commercial law reviewer 2018: Key Ideas in Commercial Law William Day, 2023-06-15 'Students will find this work stimulating, engaging and enlightening. Practitioners in commercial law will find nuanced and insightful articulations of their stock-in-trade.' Sir David Foxton, Judge in Charge of the Commercial Court This book unpacks the themes and controversies that pervade commercial law. Commercial parties trade in three things: property, services and credit. In all but the most basic of businesses, a commercial enterprise must have more than one individual empowered to transact on its behalf. The rules at the heart of commercial law are those that govern when and how a person can bargain for property, services and credit, and to acquire, dispose of, and create interests in assets. Many of these are default rules, which the parties can vary by agreement. Other rules – such as those concerning the priority of competing title claims to assets – are mandatory. Commercial law also involves the taking and allocation of two types of risk: the risk of inadequate or non-performance of agreed obligations, and the risk that counterparties will lack the means to pay what is owed. This book explores the key ideas in commercial law through these five topics: trade, transacting, title, performance risk, and credit risk. |
| commercial law reviewer 2018: Australian Commercial Law Dilan Thampapillai, Claudio Bozzi, Mark Giancaspro, George Yijun Tian, 2020-06-24 Fully revised and updated, Australian Commercial Law is indispensable for students seeking a comprehensive understanding of commercial law. |
| commercial law reviewer 2018: Routledge Handbook on Transnational Commercial Law Bruno Zeller, Camilla Baasch Andersen, 2025-02-21 This handbook, edited by Zeller and Andersen, is an indispensable contribution to the field of transnational commercial law. With an introduction by Sir Roy Goode, this book presents perspectives on legal issues of international sales transactions as perceived by world leading experts, exposing pragmatic and modern aspects of everything from drafting, to uniform laws, to dispute resolution. The book divides itself between fundamental knowledge of transnational commercial law (e.g. chapters on forum shopping, CISG, Cape Town Convention, etc.) and current and topical developments (e.g. chapters on blockchain, smart contracts, metaverse, digital assets, etc.). International or transnational trade during the past twenty years has become more and more important, outstripping domestic trade as a hallmark of economic success. Model laws developed by the United Nations and other international bodies are now being transplanted or ratified by countries, so a translational element must always be considered as part of any choice of law. Addressing a global audience, as the instruments dealt with herein apply to many states in different regions, this handbook aims not only at an undergraduate and graduate student audience but also will interest professional lawyers. |
| commercial law reviewer 2018: Stocks for All: People’s Capitalism in the Twenty-First Century Petri Mäntysaari, 2021-12-31 Public stock markets are too small. This book is an effort to rescue public stock markets in the EU and the US. There should be more companies with publicly-traded shares and more direct share ownership. Anchored in a broad historical study of the regulation of stock markets and companies in Europe and the US, the book proposes ways to create a new regulatory regime designed to help firms and facilitate people’s capitalism. Through its comparative and historical study of regulation and legal practices, the book helps to understand the evolution of public stock markets from the nineteenth century to the present day. The book identifies design principles that reflect prior regulation. While continental European company law has produced many enduring design principles, the recent regulation of stock markets in the EU and the US has failed to serve the needs of both firms and retail investors. The book therefore proposes a new set of design principles to serve contemporary societal needs. |
| commercial law reviewer 2018: Corporate Compliance on a Global Scale Stefano Manacorda, Francesco Centonze, 2021-11-25 This edited volume presents an innovative and critical analysis of corporate compliance from an interdisciplinary and international perspective. It defines the historical framework and the various roles played by corporate compliance in today's context. It questions how different cultures affect economic behaviors and under which conditions the individual choices may be directed toward law-abiding behavior. Examining corporate compliance as a tool of criminal and regulatory policy strategies in different countries and sectors, this book also aims to provide a picture of the dimension and scope of the public-private partnership, focusing on the prevention and detection of corporate crimes. It analyzes the effects of corporate compliance on the internal organization in terms of cost-benefit assessment, as well as the opportunities in technical innovation for detecting and controlling risk. |
| commercial law reviewer 2018: Regulating the Crypto Economy Iris H-Y Chiu, 2021-10-21 This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy. |
| commercial law reviewer 2018: Encyclopedia of Sustainable Management Samuel Idowu, René Schmidpeter, Nicholas Capaldi, Liangrong Zu, Mara Del Baldo, Rute Abreu, 2023-11-21 This encyclopedia is the most comprehensive and up-to-date source of reference for sustainability in business and management. It covers both traditional and emerging concepts and terms and is fully international in its scope. More than 700 contributions of internationally renowned experts provide a definitive access to the knowledge in the area of sustainable and responsible management. All actors in the field will find reliable and up to date definitions and explanations of the key terms and concepts of management in this reference work. The Encyclopedia of Sustainable Management represents all aspects of management and business conduct. It takes sustainability as a management concept that gives due credit to the complexity and diverging constraints in which businesses and corporations act today, and it emphasizes and focuses approaches that help ensure that today's management decisions and actions will be the basis for tomorrow's prosperity. |
| commercial law reviewer 2018: Civic Engagement in Australian Democracy Sarah Murray, Lachlan Umbers, 2025-05-13 The Australian democratic system has long been regarded as one of the most stable and predictable in the world, with an entrenched two-party duopoly, compulsory voting ensuring high levels of electoral participation and relatively high levels of satisfaction with the democratic process. Yet the ways Australians engage with, and participate in, their democracy have shifted substantially in recent times. While a record proportion of Australians are now on the electoral roll, less than 1% belong to a political party, and the share of Australians that have always voted for the same party in Federal elections has declined from 72% in 1967 to 37% in 2022. Turnout in the 2022 Federal Election fell below 90% for the first time since the introduction of compulsory voting in 1924. Over 50% of voters cast their ballots early in 2022, up from around 10% in 2004. The advent of social media has afforded Australians a range of opportunities for political engagement but has also given rise to serious concerns surrounding the dissemination of misinformation. And Australians have also recently been afforded several historically rare opportunities for direct participation in the lawmaking process – particularly, the 2017 same-sex marriage plebiscite and the 2023 referendum on the Aboriginal and Torres Strait Islander Voice to Parliament. These developments give rise to a wide range of deep, difficult questions for Australian democracy, many of which have been under-explored. What, for instance, does the failure of the referendum on the Aboriginal and Torres Strait Islander Voice to Parliament mean for Australian democracy? What sorts of opportunities ought to be afforded to Australians for direct participation in government? How might climate change impact Australian democracy in the coming decades? How might the rise in early voting impact the character of Australian democracy? What opportunities do Australians have for engagement in civic life, and what obstacles do they face in exercising them? This edited collection brings together specialists in the democratic process to consider such questions, alongside many others. Moreover, the collection is uniquely interdisciplinary, insofar as the contributors are drawn from a diverse range of fields – law, philosophy, political science and sociology. The chapters each help bring us a broader understanding of civic participation in Australian democracy, in order that we might evaluate the status quo, and gauge where it might be headed, in the future. |
| commercial law reviewer 2018: Free Movement and the Energy Sector in the European Union Sirja-Leena Penttinen, 2020-04-27 This book analyses the case-law of the European Court of Justice on free movement in the energy sector. Sirja-Leena Penttinen provides a comprehensive review of the interpretation and application of the free movement provisions in the energy sector by the European Court of Justice (ECJ), which allow for cross-border energy trade (free movement of goods) and energy investments (free movement of capital). Through detailed analysis of ECJ case-law, Penttinen tracks the development of the legislative framework at EU level in response to the growth of the energy sector, as well as exposing the various political and economic nuances at play. In addition, she sheds light on the dynamic relationship between the EU Member States and their regulatory autonomy, the EU legislator, the Commission and the Court in the establishment of the EU internal energy market. Taking a coherent, systematic approach, this volume will be of great interest to scholars of EU law and energy policy, as well as policymakers and professionals working in this sector. |
| commercial law reviewer 2018: Business Law and Economics for Civil Law Systems Rousseau, Stéphane, Mackaay, Ejan, Larouche, Pierre, Parent, Alain, 2021-11-19 Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators. |
| commercial law reviewer 2018: Regulatory Insights on Artificial Intelligence Findlay, Mark, Ford, Jolyon, Seah, Josephine, Thampapillai, Dilan, 2022-06-10 This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. |
| commercial law reviewer 2018: Court-Supervised Restructuring of Large Distressed Companies in Asia Wai Yee Wan, 2022-07-28 This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike. |
| commercial law reviewer 2018: The Routledge Handbook of FinTech K. Thomas Liaw, 2021-06-14 The Routledge Handbook of FinTech offers comprehensive coverage of the opportunities, challenges and future trends of financial technology. This handbook is a unique and in-depth reference work. It is organised in six thematic parts. The first part outlines the development, funding, and the future trends. The second focuses on blockchain technology applications and various aspects of cryptocurrencies. The next covers FinTech in banking. A significant element of FinTech, mobile payments and online lending, is included in the fourth part. The fifth continues with several chapters covering other financial services, while the last discusses ethics and regulatory issues. These six parts represent the most significant and overarching themes of FinTech innovations. This handbook will appeal to students, established researchers seeking a single repository on the subject, as well as policy makers and market professionals seeking convenient access to a one-stop guide. |
| commercial law reviewer 2018: Mediation and Commercial Contract Law Maryam Salehijam, 2020-12-10 There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses. |
| commercial law reviewer 2018: Beyond Shareholder Value P. M. Vasudev, 2021-05-28 This timely and engaging book examines how maximizing shareholder value has played a dominant role in corporate governance over recent decades, and analyzes the resulting effect on share prices in the stock markets. Alongside the rise in corporate power and deepening economic inequality, the author investigates corporate law reform as a corrective remedy. |
| commercial law reviewer 2018: Understanding the Blockchain Economy Chris Berg, Sinclair Davidson, Jason Potts, 2019 Blockchains are the distributed ledger technology that powers Bitcoin and other cryptocurrencies. But blockchains can be used for more than the transfer of tokens – they are a significant new economic infrastructure. This book offers the first scholarly analysis of the economic nature of blockchains and the shape of the blockchain economy. By applying the institutional economics of Ronald Coase and Oliver Williamson, this book shows how blockchains are poised to reshape the nature of firms, governments, markets, and civil society. |
| commercial law reviewer 2018: The Digital Republic Jamie Susskind, 2022-07-05 From one of the leading intellectuals of the digital age, The Digital Republic is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? A Financial Times “Book to Read” in 2022 Not long ago, the tech industry was widely admired, and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly. The Digital Republic charts a new course. It offers a plan for the digital age: new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand. |
| commercial law reviewer 2018: The Oxford Handbook of Hedge Funds Douglas Cumming, Sofia Johan, Geoffrey Wood, 2021-10-26 The Oxford Handbook of Hedge Funds provides a comprehensive overview of the hedge fund industry from a global perspective, bringing together insights from theoretical and applied research. The book seeks to both introduce the industry and what it does to scholars and practitioners new to the area, and to provide more advanced insights to those with extensive expertise in the area. The handbook explains the main context in which hedge funds operate, how the raise capital, and their structure and governance. It evaluates the main factors that have affected the operation of hedge funds, including competition from mutual funds, the market environment, and financial regulation, explains key concepts such as hedge fund flows, and core issues of practice, such as hedge fund manager fees. This volume provides insights into the principle head fund strategies and how these have changed over the years. The behavioural dimensions of hedge fund behaviour are evaluated, as are fintech's consequences. The volume evaluates the effects of hedge funds on the firms they invest in, in terms of internal governance, strategy and practice. Furthermore, it explores a range of ethical issues around the operation of hedge funds, how they fit within the wider political economy, and changes in hedge fund regulation and taxation strategies. |
| commercial law reviewer 2018: Abuse of Companies Hanne S. Birkmose, Mette Neville, Karsten Engsig Sørensen, 2019-09-05 Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable. |
| commercial law reviewer 2018: Frontier Capital Markets and Investment Banking Temitope W. Oshikoya, Kehinde Durosinmi-Etti, 2019-05-28 This book discusses the role of capital markets and investment banking in Nigeria, the largest frontier market economy in the world by both population size and gross domestic product. Offering a systematic framework combining conceptual principles with real practice, the book enables the reader to gain useful insight into how capital markets and investment banking work in the real world of a frontier market. The book provides a synopsis of the economic attractiveness, financial systems intermediation and capital markets, as well as the regulatory framework within a frontier market. It explores capital raising through equity and underwriting and private equity, paying particular attention to putting capital to work on mergers and acquisitions, project and infrastructure finance and real estate finance. Furthermore, it analyses asset management, pension industry and securities trading in a frontier market. The authors use detailed case studies from Nigeria to illustrate the operations of investment banking in frontier markets. The cases, tables and charts serve as useful illustrations of the topics under discussion. With the authors’ combined experience of more than 50 years as economists, finance and investment professionals and in executive leadership positions in the financial services industry, this book will interest the academic community, professionals in the financial industry, retail and institutional investors interested in frontier markets, development practitioners in international organizations and policy makers including securities and capital market regulators. |
| commercial law reviewer 2018: Corporate Governance and Statutory Derivative Actions Lang Thai, 2023-09-22 This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the United Kingdom, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a 20-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book is also useful for countries that already have their local variants of the statutory derivative action that are considering revising their existing provisions. This book provides insights and suggestions for lawmakers, judges, litigation practitioners and corporate law and litigation researchers worldwide in reforming their existing model. |
| commercial law reviewer 2018: Laws on Corporate Social Responsibility and the Developmental Trend in Vietnam Nguyen Binh An, Phan Thong Anh, 2023-01-20 This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc. Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR. |
| commercial law reviewer 2018: Regulating Blockchain Philipp Hacker, Ioannis Lianos, Georgios Dimitropoulos, Stefan Eich, 2019-08-29 Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation. |
| commercial law reviewer 2018: Conceptualizing the Regulatory Thicket Shen Wei, 2020-10-18 This book examines the regulatory framework, regulatory objectives, regulatory logics, regulatory instruments, regulatory failures, and regulatory responses in China’s financial market after the global financial crisis. The book provides an in-depth analysis of China’s contemporary financial regulatory system, focusing on risks, regulation, and policies in practice. By drawing on public and private interest theories relating to financial regulation, the book contends that the controlled development of the banking sector, and the financial sector generally, has transformed China’s banks into more market-oriented institutions and increased public sector growth. However, China’s financial market and financial regulation have some inherent weaknesses and deficiencies. This book also offers insights into how this can be improved or adapted to minimize systemic risks in China’s financial sector. This book tries to prove that financial regulation is not just a vehicle for maintaining efficient financial markets but a primary tool through which the Chinese government achieves its political and economic objectives. More fundamentally, according to the law and finance theory, strong market and vibrant judicial systems are needed to further modernize China’s financial markets and market economy. The book will be a useful reference for anyone interested in learning from the Chinese experience. |
| commercial law reviewer 2018: Challenges and Opportunities of Corporate Governance Transformation in the Digital Era Kuznetsov, Mikhail Yevgenievich, Nikishova, Maria Igorevna, 2019-12-27 While corporate governance has been a successful concept throughout the centuries, it is in question whether this concept can remain sustainable in the digital era and during a time of technological and managerial disruption. Under the pressure of new economic, social, and ecologic challenges, it is vital to understand how this concept needs to transform. Challenges and Opportunities of Corporate Governance Transformation in the Digital Era is an essential reference source that discusses concepts, trends, and forecasts of corporate governance and examines its transformation under the pressure of new technologies and economic changes. Featuring research on topics such as corporate identity, e-commerce, and cost management, this book is ideally designed for corporate leaders, managers, executives, business professionals, consultants, professors, researchers, and students. |
| commercial law reviewer 2018: The Patent-Competition Interface in Developing Countries Thomas K. Cheng, 2021-12-16 This book proposes an approach to the patent-competition interface for developing countries. It puts forward a theoretical framework after canvassing relevant policy considerations and examines the many reasons why patent protection is not essential for generating innovation incentives in developing countries. These include the tendency of the patent system to overcompensate innovators, the availability of other appropriation mechanisms for innovators to monetize their innovations, and the lack of appropriate technological capacity in many developing countries to take advantage of the incentives generated by the patent system. It also argues that developing countries with a small population need not pay heed to the impact of their patent system on the incentives of foreign innovators. It then proposes a classification of developing countries into production countries, technology adaptation countries, and proto-innovation countries and argues that dynamic efficiency considerations take on different meanings for developing countries depending on their technological capacities. For the vast majority of developing countries bereft of meaningful innovation capacity, foreign technology transfer is the main vehicle for technological progress. The chief dynamic policy consideration for these countries is hence incentives for technology transfer instead of innovation incentives. There are three main means of voluntary technology transfer: importation of technological goods, foreign direct investment, and technology licensing. Competition law regulation of patent exploitation practices interacts with these three means of technology transfer in different ways and an appropriate approach to the patent-competition interface for these countries needs to take these into account. Distilling all these considerations, the book proposes a development stage-specific approach to the patent-competition interface for developing countries. The approach is then applied to a number of patent exploitation practices, including unilateral refusal to deal, patent tying, excessive pricing for pharmaceuticals, reverse payment settlements, and restrictive licensing practices. |
| commercial law reviewer 2018: Public and Private Enforcement of Securities Laws Michael Legg, 2022-02-10 This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction. |
| commercial law reviewer 2018: Research Handbook on Shareholder Inspection Rights Randall S. Thomas, Paolo Giudici, Umakanth Varottil, 2023-05-09 Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection. |
| commercial law reviewer 2018: Corporate Criminal Liability and Sanctions Michala Meiselles, Nicholas Ryder, Arianna Visconti, 2024-09-18 This edited collection sheds light on the evolution of corporate financial crime, exploring a myriad of offenses ranging from money laundering and fraud to market manipulation and bribery. Considering and assessing the models used in national law to determine the culpability of corporations, this book compares the different schemes used to address financial and other organisational crimes committed by these entities. Through a combination of history, law, and global perspectives, its chapters dissect landmark cases and provide detailed analyses of money laundering, fraud, market manipulation, manslaughter, and legislative responses in various locations around the world. This comparative approach offers a unique lens, exploring diverse jurisdictions and shedding light on global patterns of corporate wrongdoing. By critically assessing the challenges of prosecuting economic crimes on a large scale, the collection proposes innovative solutions, including the introduction of ‘failure to prevent’ offences. Corporate Criminal Liability and Sanctions: Current Trends and Policy Changes is a valuable resource for academics, professionals, and anyone intrigued by the ever-evolving realm of white-collar and corporate wrongdoing. It will appeal to scholars across the fields of law, criminology, sociology, and economics, as well as those professionally engaged in preventing and investigating corruption and in developing or enforcing regulation, such as solicitors, barristers, businessmen, and public servants. |
| commercial law reviewer 2018: Transnational Business Governance Interactions Stepan Wood, Rebecca Schmidt, Errol Meidinger, Burkard Eberlein, Kenneth W. Abbott, 2019-12-27 From agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood effects. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors. |
| commercial law reviewer 2018: The Regulation of Social Media Influencers Catalina Goanta, Sofia Ranchordás, 2020-05-29 In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing. |
| commercial law reviewer 2018: Corporate Group Legitimacy Peter Underwood, 2024-08-01 This book focuses on the legitimacy of corporate power wielded by corporate groups, integrating legal doctrine, economic analysis, and theoretical approaches. It reassesses how corporate groups can maintain legitimacy whilst exercising corporate power. Corporate groups are a prominent commercial feature of many jurisdictions and present unique challenges. The book argues that when analysed through the lens of corporate social responsibility, a legitimacy deficiency emerges. This arises from a lack of historical debate, diluted control mechanisms, and inflated growth, utilising unique features of the corporate group. It explores how the magnified power of the corporate group presents acute challenges for corporate legitimacy. Data is utilised alongside current examples of corporate groups which identify structural architectural patterns. It explores new technologies such as Artificial Intelligence and blockchain as ways of attaining legitimacy. It presents methods of attaining legitimacy for the continued wielding of power to be held within corporate groups. This book spans several research interests under the corporate law umbrella. It will be of interest to traditional black letter company lawyers. Additionally, it will be of interest to those who have an interest in business and those who are interested in the role of technology. |
| commercial law reviewer 2018: Capitalism and Crises Colin Mayer, 2023-12-12 The world is encountering multiple crises - climate, droughts, floods, energy, food, and pandemics, to name a few. We have a problem, this is the solution. Capitalism and Crises is about how capitalism can fix them - how it can solve not cause them. The reason why it has caused them is that we have misconceived the nature of our capitalist system. We have failed to understand the key institution at the heart of it - business - and as a result we have allowed it to cause as well as solve problems. This book describes why this has happened and what needs to change to address it: it will take you through how the capitalist system operates, where it fails and why, and it will demonstrate that at the core of the problem is the key driver of capitalism and that is profit - the way in which we resource and reward those who run the system. Currently, profit comes from causing as well as solving problems. It must not, if we are to prevent the problems. Drawing on history, philosophy, psychology, and biology as well economics, law, and finance, Mayer describes what has gone wrong, what needs to change, and how to fix it. He sets out the big challenges that capitalism must address and how it should set about doing that, and discusses how financial institutions should be at the heart of this, and how the public sector can work with the private on a common purpose of solving problems and creating shared prosperity. Capitalism and Crises provides an inspiring and motivational roadmap of how we as practitioners, policymakers, consumers, employees, communities, students, and citizens of the world can together tackle the challenges of the 21st century - to flourish and survive. |
| commercial law reviewer 2018: Deposit Insurance in China Ningyao Ye, 2025-03-31 This book examines and compares the rationale, design, and implementation of deposit insurance in the US, the UK, and China, with the aim of finding an effective solution for China's nascent deposit insurance scheme by learning from the US and UK models. Deposit insurance, a pillar of the financial safety net that protects insured deposits and serves as a guarantee against losses on insured accounts, has become increasingly important in bank resolution. Using a comparative and interdisciplinary approach, this book examines the legal and regulatory issues surrounding deposit insurance schemes in three jurisdictions – the US, the UK, and China. It offers a timely analysis of the operating mechanisms and implications of deposit insurance during the global financial crisis. It also provides an in-depth doctrinal analysis of the US, the UK, and China's deposit insurance laws. Based on these discussions, the author proposes suggestions for reforming China's deposit insurance system and practice. The title will appeal to scholars and students of banking and banking law as well as legal and financial practitioners in the fields of commercial law and banking and financial regulation. |
| commercial law reviewer 2018: Full Disclosure Beverley McLachlin, 2019-04-30 #1 NATIONAL BESTSELLER SHORTLISTED FOR THE ARTHUR ELLIS AWARDS From the former Chief Justice of Canada comes a riveting thriller starring Jilly Truitt, a rising, young defense attorney faced with a case that hits close to home. When everyone has something to hide, the truth is the only defense. There’s nothing Jilly Truitt likes more than winning a case, especially against her former mentor, prosecutor Cy Kenge. Jilly has baggage, the residue of a dark time in a series of foster homes, but that’s in the past. Now she’s building her own criminal defense firm and making a name for herself as a tough-as-nails lawyer willing to take risks in the courtroom. When the affluent and enigmatic Vincent Trussardi is accused of his wife Laura’s murder, Jilly agrees to defend him, despite predictions that the case is a sure loser and warnings from those close to her to stay away from the Trussardi family. Determined to prove everyone wrong, Jilly investigates Laura’s death, hoping to discover a shred of evidence that might give the jury a reasonable doubt. Instead, she is confronted by damning evidence and uncooperative witnesses at every turn. Someone isn’t telling the truth, but who? With her reputation and Vincent’s life on the line, Jilly tries to unravel the web of secrets surrounding Laura’s murder. As she digs deeper, she uncovers a startling revelation that will change not only the case, but her life forever. From the gritty streets of Vancouver to the fateful halls of justice, Full Disclosure is a razor-sharp thriller that pulses with authenticity and intrigue. |
| commercial law reviewer 2018: Human Rights Karin Buhmann, 2021-12-13 Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners. |
| commercial law reviewer 2018: Smart Legal Contracts Jason Allen, Peter Hunn, 2022-04-04 Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation. |
| commercial law reviewer 2018: Dark Trading Anna-Carina Salger, 2020-01-20 This timely book explores the pressing topic of dark trading. Following new EU legislation regulating financial markets (MiFID II and MiFIR), it traces the rapid development of off-market securities trading (dark trading), analyzes economic studies of this development, and positions the resulting regulatory framework of the EU over against that of the US. The study closes with proposals for reform that provide new impetus for further scientific discussion. |
| commercial law reviewer 2018: Research Handbook on Corporate Board Decision-Making Oliver Marnet, 2022-11-18 With a state-of-the-art perspective on corporate board decision-making that encourages thinking outside the box, this cutting-edge Research Handbook provides fresh insights on the meaning, value, contribution, quality and purpose of the decision-making of those charged with corporate governance. |
| commercial law reviewer 2018: Transparency of Stock Corporations in Europe Vassilios Tountopoulos, Rüdiger Veil, 2019-12-12 This edited collection explores transparency as a key regulatory strategy in European business law. It examines the rationales, limitations and further perspectives on transparency that have emerged in various areas of European law including corporate law, capital markets law and accounting law, as well as other areas of law relevant for European (listed) stock corporations. This book presents a clear and accurate picture of the recent reforms in the European transparency regime. In doing so it endorses a multi-dimensional notion of transparency, highlighting the need for careful consideration and contextualisation of the transparency phenomenon. In addition, the book considers relevant enforcement mechanisms and discusses the implications of disparate enforcement concepts in European law from both the private and public law perspectives. Written by a team of distinguished contributors, the collection offers a comprehensive analysis of the European transparency regime by discussing the fundamentals of transparency, the role of disclosure in European business law, and related enforcement questions. |
Happy National Nurses Week: Discounts and deals for healthcare …
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Happy National Nurses Week: Discounts and deals for healthcare …
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Vote for the Campbell Clinic Memphis area top returning high …
Jun 9, 2025 · Who is the Memphis area's top high school football quarterback entering the 2025 season? Vote now to decide.
Raising Cane's opens Southaven location, first of 3 in Memphis area
Jun 9, 2025 · The Commercial Appeal got a special sneak peek of the new Raising Cane's restaurant in Southaven, which opens June 10. (Yes, it's worth the hype.)
Vote for Memphis area girls high school athlete of the week for …
May 19, 2025 · Voting is open for the Campbell Clinic girls high school athlete of the week. The poll closes Thursday.
Is hemp legal in Tennessee? Gov. Lee signs bill for industry changes
Jun 2, 2025 · Tennessee's new hemp bill bans products with THCA and synthetic cannabinoids. Here's what else is included.
The Commercial Appeal
Mar 10, 2025 · GANNETT NOTICE OF COLLECTION AND PRIVACY SUPPLEMENT FOR CALIFORNIA RESIDENTS
Arris Reddick Murphy Obituary - The Commercial Appeal
Feb 1, 2025 · Arris Reddick Murphy passed away at her home in King of Prussia, PA on December 2, 2024. A memorial service will be held at 11:00 a.m. on Saturday,...
Truist Championship payout, prize money for 2025 tournament
May 5, 2025 · The PGA Tour is heading to Pennsylvania for the 2025 Truist Championship. Formerly the Wells Fargo Championship, the Truist is at Philadelphia Cricket Club, as the …
MLGW upgrading water treatment plants, checking for source of …
At a time when drinking-water problems are bubbling to the surface across the nation, Memphis utility officials are spending millions of dollars to upgrade treatment plants dating back to the …
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