Law and Finance

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The Law and Finance of Share Repurchases in Europe (with Amedeo De Cesari), Journal of Corporate Law Studies (2012)

This paper analyses the impact of the EU market abuse law on share repurchases. We...

 

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Comparative Law and Finance: Past, Present and Future Research (with Simon Deakin), Journal of Institutional and Theoretical Economics (JITE) (2010)

“Comparative law and finance” codes how well the laws of different countries protect certain interests,...

 

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Law and Financial Development: What We are Learning from Time-Series Evidence (with John Armour, Simon Deakin, and Viviana Mollica), BYU Law Review (2009)

The legal origins hypothesis is one of the most important and influential ideas to emerge...

 

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Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis (with John Armour, Simon Deakin, Prabirjit Sarkar, and Ajit Singh), Journal of Empirical Legal Studies (2009)

We test the law matters and legal origin claims using newly created datasets measuring legal...

 

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Legal Origins: Reconciling Law & Finance and Comparative Law, McGill Law Review (2007)

Law and finance scholars have increasingly relied upon comparative law in the last few years....

 

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What Does Not Work in Comparing Securities Laws: A Critique on La Porta et al.'s Methodology, International Company and Commercial Law Review (2005)

The articles by La Porta et al. are some of the most-cited pieces in economics,...

 

Corporate Law

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The Protection of Creditors of a European Private Company (SPE) (with Leif Herzog and Erik Rosenhäger), European Business Organization Law Review (EBOR) (2011)

Soon we can expect a new type of company: the European Private Company (Societas Privata...

 

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Private Enforcement of Directors’ Duties: Derivative Actions as a Global Phenomenon (2010)

When directors are in breach of their duties, it seems natural to give shareholders a...

 

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The Evolution of Ownership Disclosure Rules Across Countries (with Michael Schouten), Journal of Corporate Law Studies (2010)

This paper examines the evolution of the duty to disclose major share ownership across countries....

 

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Convergence in Corporate Governance: A Leximetric Approach, The Journal of Corporation Law (2010)

Has there been convergence of corporate governance systems? There has been a great deal of...

 

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The Web of Creditor and Shareholder Protection: A Comparative Legal Network Analysis, Arizona Journal of International and Comparative Law (2010)

How different are common law and civil law legal systems? This question has occupied legal...

 

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The European Private Company (SPE): An Attractive New Legal Form of Doing Business? (with Leif Herzog and Erik Rosenhäger), Butterworths Journal of International Banking and Financial Law (2009)

The Draft Regulation on a European Private Company (Societas Privata Europaea, SPE), which was proposed...

 

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Convergence in Shareholder Law (2008)

On the one hand, it can be argued that the increasing economic and political interdependence...

 

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Legal Liability of Directors and Company Officials Part 2: Court Procedures, Indemnification and Insurance, and Administrative and Criminal Liability (with Bernard S. Black, Brian R. Cheffins, Martin Gelter, Hwa-Jin Kim, and Richard Nolan), Columbia Business Law Review (2008)

This Article contains chapters 8-9, 11-13, and the Conclusion of a World Bank-sponsored Report, prepared...

 

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Shareholder Protection Around the World ('Leximetric II'), Delaware Journal of Corporate Law (2008)

This article analyzes how shareholder protection has developed in 20 countries from 1995 to 2005....

 

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Diversity in Shareholder Protection in Common Law Countries (with Priya Lele), DICE Report - Journal for Institutional Comparisons (2007)

Previous research often emphasised the similarity of shareholder protection in common law (or English legal...

 

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Legal Liability of Directors and Company Officials Part 1: Substantive Grounds for Liability (with Bernard S. Black, Brian R. Cheffins, Martin Gelter, Hwa-Jin Kim, and Richard Nolan), Columbia Business Law Review (2007)

This Article is an excerpt from a World Bank-sponsored Report, prepared in December 2006, to...

 

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Report to Russian Center for Capital Market Development: Comparative Analysis on Legal Regulation of the Liability of Members of the Board of Directors and Executive Organs of Companies (with Bernard S. Black, Brian R. Cheffins, Martin Gelter, Hwa-Jin Kim, Richard Nolan, and Linia Prava), U of Texas Law, Law and Econ Research Paper No. 110 (2007)

This Report was prepared, with support by the World Bank, for the Russian Center for...

 

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SEVIC: Beyond Cross-Border Mergers, European Business Organization Law Review (EBOR) (2007)

In SEVIC, the European Court of Justice (ECJ) held that the refusal of a national...

 

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Shareholder Protection: A Leximetric Approach (with Priya Lele), Journal of Corporate Law Studies (2007)

In this paper we build a new and meaningful shareholder protection index for five countries...

 

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Shareholder Protection Across Countries - Is the EU on the Right Track?, DICE-Report - Journal for Institutional Comparisons (2006)

Since the beginning of the new century harmonisation of company law has once again been...

 

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Judicial Federalism in the ECJ's Berlusconi Case: Towards More Credible Corporate Governance and Financial Reporting? (with Martin Gelter), Harvard International Law Journal (2005)

The objective of this note is to analyze the importance of three joint cases -...

 

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The Case Against Harmonisation of Shareholder Rights, European Business Organization Law Review (EBOR) (2005)

This article discusses the plans of the European Commission to harmonise shareholder rights in the...

 

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The European Directive on Cross-Border Mergers: An International Model?, Columbia Journal of European Law (2005)

In 2005 the European Union adopted a Directive on Cross-Border Mergers, which Member States have...

 

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The Impact of the European Company (SE) on Legal Culture, European Law Review (2005)

After 30 years of debate, the law on the European Company (Societas Europaea, SE) has...

 

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The Rules on Conflict of Laws in the European Takeover Directive, European Company and Financial Law Review (2004)

The rules on conflict of laws are the cornerstones of the new European Directive on...

 

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Convergence, Competition, Centros and Conflicts of Law: European Company Law in the 21st Century, European Law Review (2002)

In this article it is submitted that European company law will change remarkably. The conflict-of-law...

 

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Shareholders, Stakeholders and the Ordoliberalism, European Business Law Review (2002)

It is often said that a company should be expected to trouble itself with nothing...

 

Comparative Law

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Networks, Dialogue or One-Way Traffic? An Empirical Analysis of Cross-Citations between Ten European Supreme Courts (with Martin Gelter), Maastricht European Private Law Institute (M-EPLI) Working Paper (2011)

Today, according to Anne Marie Slaugther, "judges see each other not only as servants and...

 

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Language, Legal Origins, and Culture before the Courts: Cross‐Citations between Supreme Courts in Europe (with Martin Gelter), Fordham Law Legal Studies Research Paper (2010)

Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked...

 

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Citation Patterns of the German Federal Supreme Court and the Court of Appeal of England and Wales, King's Law Journal (2010)

This paper presents citation statistics on decisions of the Court of Appeal of England and...

 

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How Do Legal Rules Evolve? Evidence From a Cross-Country Comparison of Shareholder, Creditor and Worker Protection (with John Armour, Simon Deakin, and Priya Lele), American Journal of Comparative Law (2009)

Much attention has been devoted in recent literature to the claim that a country’s ‘legal...

 

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Comparative Law - Who is the Elephant in the Room? (Book Review of 'Comparative Law: A Handbook', Örücü and Nelken, eds.), Edinburgh Law Review (2008)

In the last two years three important comparative law handbooks have been published (“Comparative Law:...

 

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The Adjudication of the German Federal Supreme Court (BGH) in the Last 55 Years - A Quantitative and Comparative Approach, Oxford University Comparative Law Forum (2007)

Today, many law journals can be accessed electronically. This is not only convenient but it...

 

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The End of Comparative Law, Journal of Comparative Law (2007)

Following the 1900 congress in Paris, the beginning of the 20th century saw comparative law...

 

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Numerical Comparative Law - Do We Need Statistical Evidence in Law in Order to Reduce Complexity?, Cardozo Journal of International and Comparative Law (2005)

In recent times comparative law has been increasingly pursued in a numerical way (e.g., La...

 

Legal Methods

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Measuring the Immeasurable: How to Turn Law into Numbers, Does Law Matter? On Law and Economic Growth (2011)

When economists try to measure legal rules and institutions their approach is often a “just...

 

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A World Without Law Professors, Methodologies of Legal Research (2011)

Inspired by Alan Weisman’s book “The World Without Us” (2007) I analyse the thought experiment...

 

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The Taxonomy of Interdisciplinary Legal Research: Finding the Way Out of the Desert, Journal of Commonwealth Law and Legal Education (2009)

According to the 19th century jurist Julius von Kirchmann "law is like a wanderer in...

 

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Legal Originality, Oxford Journal of Legal Studies (2008)

For outsiders it is often difficult to understand what the role of academic lawyers is....

 

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Legal Adaptability in Elbonia, International Journal of Law in Context (2006)

Law has to be able to respond to new or changing circumstances. This adaptability of...

 

Contract Law

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Unevenly Formed Contracts: Ignoring the Mirror of Offer and Acceptance, European Review of Private Law (2004)

According to Article 2:211 of the Principles of European Contract Law, the rules on the...

 

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Disgorgement of Profits for Breach of Contract: A Comparative Analysis, Edinburgh Law Review (2003)

This article considers whether a contract-breaker is obliged not only to pay compensatory damages but...

 

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No Risk, No Fun? Should Spouses be Advised Before Committing to Guarantees? A Comparative Analysis, European Review of Private Law (2002)

This article deals with the question of whether a spouse who grants a security for...

 

Commercial Law

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The Financial Regulation of European Wholesale Energy and Environmental Markets (with Ivan Diaz-Rainey and John K. Ashton), USAEE Working Paper No. 11-070 (2011)

This study examines the financial risks posed by energy and environmental markets and how these...

 

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Regulatory Competition in Partnership Law, International & Comparative Law Quarterly (2009)

Regulatory competition in company law has been extensively debated in the last few decades, but...

 

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The Divergence of Austrian and German Commercial Law - What Kind of Commercial Law Do We Need in a Globalised Economy?, International Company and Commercial Law Review (2004)

This article discusses the recent reform of Austrian commercial law. This reform will replace the...

 

IT Law

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The EU Directive on Electronic Signatures - A World Wide Model or a Fruitless Attempt to Regulate the Future?, International Review of Law, Computers & Technology (2002)

The European Directive on a Community Framework for Electronic Signatures is an essential and important...

 

Labour Law

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The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes (with Simon Deakin and Priya Lele), International Labour Review (2007)

We present evidence on the evolution of labour law in five countries (the UK, USA,...

 

Securities Law

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The Reform of the EU Market Abuse Law: Revolution or Evolution? (with Matthijs Nelemans), The Maastricht Journal of European and Comparative Law (2012)

This paper discusses whether the forthcoming reform of market abuse law, as proposed by the...

 

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The Foundations of Securities Law, European Business Law Review (2009)

How does the law address topics such as the sale an trade of securities and...

 

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The EU Market Abuse Directive: A Case-Based Analysis, Law and Financial Markets Review (2008)

Since the law on market abuse in EU countries has in recent years become predominantly...