Publication & Articles 2011

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International Competition Law – A Concept With Different Dimensions [ Volume 1 – 2011 ]

6 December 2011

The concept of international competition law has gained common usage in the academic world and more in specific in the English literature on competition law. With the publication of books like International Competition Law[1] and Emerging Principles of International Competition Law,[2] a trend has been set in the development of a new discipline within competition law. The former work describes international competition...

The Moral Content of “White Collar” Crime: Insider Trading, “Cheating” & The Tsutsumi Case [ Volume 1 – 2011 ]

6 December 2011

Insider trading – the trading of publicly listed securities based on material, non-public information – has long been the source of controversy and debate amongst Anglo-American criminal law scholars. On the one hand, are those who regard the criminal sanction as being necessary and appropriate on the grounds that such transactions are (i) economically harmful (mainly because they undermine investor confidence...

Assessing Comity as a Form of Market Deference [ Volume 1-2011 ]

1 June 2011

The Transformation of International Comity by Professor Paul recounts the evolution of the comity doctrine from seventeenth century Europe through the United States (U.S.) Supreme Court interpretations in the eighteenth century to its current conception.[i] As the concern of the U.S. has changed so too has the notion of comity.[ii] Originating as a doctrine of deference to foreign sovereigns, it evolved into a doctrine...

Legal Endowments: Rethinking the Importance of Legal History to Corporate Governance [ Volume 1-2011 ]

30 May 2011

In recent years the economics literature has been alive with discussion on the importance of the historical origins of legal systems to various economics outcomes.[i] Much of this has looked specifically at the relationship between “legal origins” and the ownership structure of corporations in different countries. Relying on the traditional comparative law distinctions between systems, the main writers in the field, La Porta...