Fordham Journal of Corporate & Financial Law

Fordham Journal of Corporate & Financial Law is a trade journal focusing on Financial Law

Articles from Vol. 17, No. 4, 2012

Application of the Concept of Project Finance in Iraq - a Comparative and Analytical Study
ABSTRACTMany scholars and experts have addressed the issue of project finance, but one area that remains without detailed examination is its legal treatment under the legal systems of developing countries. The legal concepts applied under project finance...
Below Investment Grade and above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies
ABSTRACT"Below Investment Grade and Above the Law: A Past, Present and Future Look at the Accountability of Credit Rating Agencies" by Professor Marilyn Blumberg Cane, co-authored with Adam Shamir and Tomas Jodar is a timely and comprehensive Article...
Burning Down the House or Simply Rolling the Dice: A Comment on Section 621 of the Dodd-Frank Act and Recommendation for Its Implementation
ABSTRACTSection 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act modifies the Securities Act of 1933 to prohibit the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity of...
It's Time for a Good Hard Look in the Mirror: The Corporate Law Example
ABSTRACTThis Article asserts that the move from the industrial age to the information age represents a fundamental change to our society on such a widespread basis that the legal order must reexamine the premises about how our society functions, assessing...
Lessons from the Flash Crash for the Regulation of High-Frequency Traders*
ABSTRACTAre equity markets vulnerable to a sudden collapse if the traders who account for about half of the volume have no regulatory obligations to stabilize prices? After the "Flash Crash" of May 6, 2010, policymakers have resoundingly answered this...
Private Equity Investment in the Brics
ABSTRACTThis Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China ("BRIC"). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries...
"The End of the Beginning?": A Comprehensive Look at the U.N.'S Business and Human Rights Agenda from a Bystander Perspective
ABSTRACTWith the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General's "global compact" speech in 1999, the international legal...
The End of the Internal Compliance World as We Know It, or an Enhancement of the Effectiveness of Securities Law Enforcement? Bounty Hunting under the Dodd-Frank Act's Whistleblower Provisions
ABSTRACTIn the wake of Bernard Madoff's $65 billion Ponzi scheme and the recent economic crisis stemming largely from loosely regulated subprime lending and mortgage-backed securities, President Obama signed the Dodd-Frank Wall Street Reform and Consumer...
The New Section 1202 Tax-Free Business Sale: Congress Rewards Small Businesses That Survived the Great Recession
ABSTRACTOn September 27, 2010, President Barack Obama signed the Creating Small Business Jobs Act of 2010 ("SBJA") that contains a temporary amendment to Internal Revenue Code ("IRC") § 1202. The amendment permits original shareholders of eligible corporation...
The Unjustified Subsidy: Sovereign Wealth Funds and the Foreign Sovereign Tax Exemption
ABSTRACTThe taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles...

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