Finance Law And The Courts
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Finance Law And The Courts
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Author : Marco Lamandini
language : en
Publisher: Oxford University Press
Release Date : 2023-11-09
Finance Law And The Courts written by Marco Lamandini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-09 with Law categories.
Law and courts are often neglected in finance. The discipline is so permeated by economic analysis - the enforcement of its rules so based on regulatory authorities - that it often seems more natural to speak of financial regulation rather than financial law, de-emphasizing the role of courts. Authored by leading experts in commercial law, Finance, Law, and the Courts goes beyond this limited perspective. The book demonstrates that law and courts are essential in providing finance with the certainty it needs to operate, and the elasticity it needs to evolve. As explored in Part I of the book, these benefits result from law's status as an interpretative construct formed by rules and principles, a construct shaped by a need for consistency. When principles collide, courts are often called to solve "hard cases", and in doing so the Law of Finance evolves. Examining such hard cases, Parts II and III analyze courts' roles in influencing finance's key concepts and principles. For Public Law this includes the impact of sovereign immunity, separation of powers or individual rights on the justiciability of financial acts, central banks' mandates, and the interplay between regulatory concepts and fundamental rights. For Private Law, these include the foundations of liability for misstatements, the validity and interpretation of financial contracts, and creditor-creditor conflict. The book further explores the interplay between specialist and generalist courts and other bodies in Part IV, concluding with a case for limited specialization of finance justice in the EU. Offering a comprehensive legal treatment of finance's regulatory sources, this book is an unparalleled resource for law academics, practitioners, and policymakers seeking to better understand the complex financial cases that they may encounter.
Finance Law And The Courts
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Author : Marco Lamandini
language : en
Publisher: Oxford University Press
Release Date : 2024-02-08
Finance Law And The Courts written by Marco Lamandini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.
The Financial Courts
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Author : Jo Braithwaite
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07
The Financial Courts written by Jo Braithwaite and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.
Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.
Conflict Of Laws And International Finance
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Author : Philip R. Wood
language : en
Publisher: Sweet & Maxwell
Release Date : 2007
Conflict Of Laws And International Finance written by Philip R. Wood and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
Legal Institutions And Financial Development
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Author : Thorsten Beck
language : en
Publisher: World Bank Publications
Release Date : 2003
Legal Institutions And Financial Development written by Thorsten Beck and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Banks and banking categories.
"Why do some countries have growth-enhancing financial systems, while others do not? Why have some countries developed the necessary investor protection laws and contract-enforcement mechanisms to support financial institutions and markets, while others have not? This paper reviews existing research on the role of legal institutions in shaping financial development"--National Bureau of Economic Research web site
Comparative Financial Law
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Author : Philip R. Wood
language : en
Publisher:
Release Date : 1995
Comparative Financial Law written by Philip R. Wood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Business & Economics categories.
Computer and Telecommunications Law Review is a specialist law journal which analyses and reports on legal and regulatory developments in the telecommunications and computer industries
Law And Finance
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Author : Thorsten Beck
language : en
Publisher: World Bank Publications
Release Date : 2002
Law And Finance written by Thorsten Beck and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Finance categories.
New research suggests that cross-country differences in legal origin help explain differences in financial development. This paper empirically assesses two theories of why legal origin influences financial development. First, the political' channel stresses that (i) legal traditions differ in the priority they give to the rights of individual investors vis- ...-vis the state and (ii) this has repercussions for the development of property rights and financial markets. Second, the adaptability' channel holds that (i) legal traditions differ in their ability to adjust to changing commercial circumstances and (ii) legal systems that adapt quickly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions. We use historical comparisons and cross-country regressions to assess the validity of these two channels. We find that legal origin matters for financial development because legal traditions differ in their ability to adapt efficiently to evolving economic conditions.
Corporate Finance Law
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Author : Louise Gullifer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-03-19
Corporate Finance Law written by Louise Gullifer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
The third edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. It has been fully updated to reflect developments in the law and the markets. One of the book's distinctive features is its equal coverage of both the equity and debt sides of corporate finance law, and it seeks, where possible, to compare and contrast the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter provides a critical analysis of the present law to enable the reader to understand the difficulties, risks and tensions in this area, and the attempts by the legislature, regulators and the courts, as well as the parties involved, to deal with them. The book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
The Law And Business Of Litigation Finance
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Author : Steven Friel
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-01
The Law And Business Of Litigation Finance written by Steven Friel and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Law categories.
The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Campaigns Congress And Courts
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Author : Robert Mutch
language : en
Publisher: Praeger
Release Date : 1988-04-27
Campaigns Congress And Courts written by Robert Mutch and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-04-27 with Political Science categories.
Campaigns, Congress, and Courts presents a political history of the passage, judicial interpretation, and administration of federal campaign finance law from 1907 to the present. The volume focuses on the post-Watergate years and analyzes the ideological and partisan conflicts which shape congressional and public debate over how, or whether, to regulate political money. The book opens with an account of the first law, then moves to the Watergate period while explaining the background of the 1970's reforms. Subsequent chapters examine the origin and passage of legislation through case studies, focusing on congressional debates and roll call votes; analyze the arguments of reformers and their opponents in court battles over these laws; demonstrate how the press and public opinion effect the legislative climate; assess the creation of the Federal Election Commission, its quasi-judicial role, and the political cross pressures to which it is subject; and explain the rise of labor and business PACs.