In the book’s Foreword, Veta T. Richardson, President and Chief Executive Officer of the Association of Corporate Counsel (ACC), welcomes this needed resource – “The cumulative experience and wealth of knowledge that Professors Steinberg and Yeager brought to the table as co-authors have proven invaluable, and resulted in a wonderful collaboration. I am confident that this new book will quickly become a “go-to” reference for all those who seek a more in-depth understanding of the in-house practice of law.”
Contributors. Yuriko Furuhata, Aaron Gerow, Mark Hansen, Marilyn Ivy, Takeshi Kadobayashi, Keisuke Kitano, Akihiro Kitada, Thomas Looser, Anne McKnight, Ryoko Misono, Akira Mizuta Lippit, Miryam Sas, Fabian Schäfer, Marc Steinberg, Tomiko Yoda, Alexander Zahlten
Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups. This book thus provides a qualified defense of regulatory government. Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's "roadless" policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
Both practitioners in the field and parties affected by a Ponzi scheme can benefit from the comprehensive coverage of issues in The Ponzi Book. Several chapters are dedicated to increasingly common fraudulent transfer claims (clawbacks) and preference claims arising in Ponzi schemes, along with the defenses that investors, brokers and others can assert to those claims. The book also includes a detailed discussion of a broad array of litigation claims that can be pursued against any type of defendant with culpability or liability due to its involvement in a Ponzi scheme. Separate chapters are dedicated to each of the complicated legal issues of deepening insolvency, standing, and in pari delicto as they arise in Ponzi litigation. Since Ponzi schemes usually involve related criminal proceedings, the book also covers Fifth Amendment and other privilege issues as well as a detailed analysis of what happens to competing claims for assets in parallel insolvency and criminal proceedings.
For those seeking to recover assets, several chapters discuss prejudgment remedies available to freeze assets, contempt proceedings, and service issues both internationally and domestically. The ultimate end game for claimants and those administering the unwinding of a Ponzi proceeding is the claims and allowance and distribution process, and this book offers a sophisticated review of differing approaches and methodologies available in the claims review process.
Finally, the highlights of recent changes in the tax laws relative to tax relief for Ponzi victims are covered to raise awareness of these issues for victims and their tax advisors.
This bookprovides an overview of the legal requirements of a cash pool system in 15 different countries enables the reader to get an idea of the chances and risks which will accompany the cash pool system involving the jurisdictions of his choice reflects from a company and insolvency law perspective how to assess the legitimacy of necessary up- and downstream loans, questions of capital maintenance and a potential liability for losses alerts the reader to crucial requirements, provisions and points, which are most important to deal with in the chosen configuration for the cash pool system
Readership: Business and bank lawyers, in-house law departments of companies, banks' legal departments.
• The New Minimal Cities, by Michelle Wilde Anderson
• The Separation of Funds and Managers: A Theory of Investment Fund Structure and Regulation, by John Morley
• The Moral Impact Theory of Law, by Mark Greenberg
• Pretrial Detention and the Right to Be Monitored, by Samuel R. Wiseman
• Stop Ignoring Pork and Potholes: Election Law and Constituent Service, by Joshua Bone
• An Offense-Severity Model for Stop-and-Frisks, by David Keenan & Tina M. Thomas
• Open Carry for All: Heller and Our Nineteenth-Century Second Amendment, by Jonathan Meltzer
• Regulating Sexual Orientation Change Efforts: The California Approach, Its Limitations, and Potential Alternatives, by Jacob M. Victor
• In Need of Correction: How the Army Board for Correction of Military Records Is Failing Veterans with PTSD, by Rebecca Izzo
• Let the Burden Fit the Crime: Extending Proportionality Review to Sex Offenders, by Erin Miller
Quality ebook edition features linked notes, active Contents, active URLs in notes, and full presentation of original tables and images.
"Governance Reform and the Judicial Role in Municipal Bankruptcy," by Clayton P. Gillette & David A. Skeel, Jr.
"Professional Speech," by Claudia E. Haupt
"Casey and the Clinic Closings: When 'Protecting Health' Obstructs Choice," by Linda Greenhouse & Reva B. Siegel
"Returning to Common-Law Principles of Insider Trading After United States v. Newman," by Richard A. Epstein
The student contributions are:
Note, "Will Putting Cameras on Police Reduce Polarization?," by Roseanna Sommers
Note, "Federal Questions and the Domestic-Relations Exception," by Bradley G. Silverman
Comment, "Toward an Efficient Licensing and Rate-Setting Regime: Reconstructing § 114(i) of the Copyright Act," by Joseph Pomianowski
Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.
Contents for this issue include:
National Security Federalism in the Age of Terror
By Matthew C. Waxman
By Nita A. Farahany
Elective Shareholder Liability
By Peter Conti-Brown
Note, Harrington’s Wake: Unanswered Questions on AEDPA’s Application to Summary Dispositions
Comment, Boumediene Applied Badly: The Extraterritorial Constitution After Al Maqaleh v. Gates