Gatekeepers PDF Download

Author: John C. Coffee
Publisher: Oxford University Press, USA
ISBN: 0199288097
Category : Business & Economics
Languages : en
Pages : 398

View

Book Description
John Coffee traces the evolution of the four main gatekeeping professions: auditors, lawyers, securities analysts and credit-rating agencies, in the wake of corporate governance disasters, such as Enron and WorldCom.

Author: Philip Meyer
Publisher: Oxford University Press
ISBN: 0199875413
Category : Law
Languages : en
Pages : 257

View

Book Description
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

Author: Eric Matlin
Publisher:
ISBN: 9780991246229
Category :
Languages : en
Pages :

View

Book Description
The text of not dead yet is as detailed as it needsto be and as concise as it can be. In order to minimize the boredom factor inherent in any book ever written on estate planning, the 24 chapters are interwovenwith a graphic novel story featuring a hero, estate planning nightmares, a disruption of the time-spacecontinuum, the hero's estate planning epiphany and a happily-ever-after ending.

Author: Tim Bowley
Publisher: Bloomsbury Publishing
ISBN: 1509952233
Category : Business & Economics
Languages : en
Pages : 243

View

Book Description
This book explores the regulatory challenges of public company shareholder activism. Around the world, policy makers, practitioners and academics debate how best to regulate shareholder activism. Using Australia as a case study, the book examines key issues raised by this debate. With a market structure and legal settings that are conducive to activism, Australia makes an ideal case study and provides a fresh comparative perspective on the regulatory debate about shareholder activism, which tends to be dominated by US-focused analysis and commentary. The book presents empirical evidence which reveals that Australian activism is a significant and multifaceted phenomenon, undertaken by different types of activists pursuing varying strategies and supported by a range of complementary market developments. The book uses this evidence to develop comparative insights and explore internationally topical issues, including: - activists' willingness to use interventionist governance rights; - the role of intermediaries such as proxy advisers in facilitating activism; - institutional investor stewardship; and - the risks of collective shareholder activism. This book provides an important comparative perspective on the topic of shareholder activism. It is an essential resource for policy makers, practitioners and academics interested in the regulatory implications of shareholder activism.

Author: Cornelia Woll
Publisher: Princeton University Press
ISBN: 0691253528
Category : Political Science
Languages : en
Pages : 248

View

Book Description
The geopolitics of American law enforcement and how it changed corporate criminal accountability in other countries Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalization and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In this book, Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets. Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.

Author: Jeremy Gould
Publisher: Taylor & Francis
ISBN: 0429581645
Category : Law
Languages : en
Pages : 251

View

Book Description
This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.

Author: Iris H.-Y. Chiu
Publisher: Edward Elgar Publishing
ISBN: 1800379307
Category : Law
Languages : en
Pages : 449

View

Book Description
This Research Handbook is a one-stop resource on global capital markets and the laws that regulate them. Featuring contributions from leading global experts, the Research Handbook delves into a range of issues including investment products such as equity finance; sustainable finance; fintech; impact investing; and private equity. It also provides analysis on institutional and procedural issues such as large and small companies' capital formation, the roles of institutional shareholders and information providers, and the practices and regulation of financial trading markets.

Author: Edward Royce
Publisher: Rowman & Littlefield
ISBN: 1538167573
Category : Social Science
Languages : en
Pages : 309

View

Book Description
Poverty is a serious problem in the United States, more so than commonly imagined, and more so than in other industrialized nations. Most Americans adhere to an individualistic perspective: they believe poverty is largely the result of people being deficient in intelligence, determination, education, and other personal traits. Poverty and Power, Fourth Edition challenges this viewpoint, arguing that poverty arises from the workings of four key structural systems—the economic, the political, the cultural, and the social—and ten obstacles to economic justice, including unaffordable housing, inaccessible health care, and racial and gender discrimination. The author argues that a renewed war on poverty can be successful, but only through a popular movement to bring about significant change in the workings of American economic, political, and cultural institutions. New to this Edition Enhanced conversation on why the cultural theory of poverty has such a strong appeal to the American public develops students’ critical thinking skills (Chapter 3) New segment on the influence of job seekers’ physical appearance on hiring decisions showing that success is not simply a matter of education, skills, and training (Chapter 4) New data on the “job availability problem” explains in detail why the monthly headline unemployment number is misleading, and new content on the 2021 upsurge of quits on the part of American workers portrays efforts on the part of ordinary people to improve their lives (Chapter 5) New content on how corporations have become increasingly assertive political players explores the dramatic increase in corporate lobbying efforts, the rise of billionaire political activists, and the creation of a powerful conservative political infrastructure in the United States (Chapter 6) Greater attention to racially segregated and resource-deprived Black communities covers the extraordinary hardships experienced by the residents of these areas, while a new section on the geographical isolation of the affluent discusses how isolation affects wealthy people’s beliefs and perceptions about poverty and what policies they deem acceptable (Chapter 8)

Author: Iris H-Y Chiu
Publisher: Bloomsbury Publishing
ISBN: 1509935754
Category : Law
Languages : en
Pages : 365

View

Book Description
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.

Author: Christopher Whelan
Publisher: Bloomsbury Publishing
ISBN: 1509957014
Category : Law
Languages : en
Pages : 357

View

Book Description
This book uses real-world examples, case studies, and commentary from practitioners to reveal the many and varied strategies American and English lawyers use to protect truth. It shows how they tackle their conflicting duties, and highlights the 'tragic choices' lawyers everywhere routinely make through their 'power of decision'. What emerges are new ways of understanding the critical role lawyers play in society – and their professional responsibilities. 'Truth is so precious it should always be protected by a bodyguard of lies.' Churchill said this about wartime deception plans, but lawyers' clients may think their truth - especially an 'inconvenient truth' - is so precious it too should be protected. Lawyers are 'bodyguards of lies' when they use so-called 'tricks of the trade' not only to keep clients' secrets but to construct a reality that is far from real. But should they? Lawyers have a divided loyalty. The book presents a unique and fascinating account of what happens when lawyers' duties to clients conflict with their duties to the legal system, and looks in detail at the ethical codes and laws that regulate their conduct.