administrative_law   21

Edward B. Rock - Institutional Investors in Corporate Governance (Jan 2015) :: SSRN - Oxford Handbook on Corporate Law and Governance, 2015, Forthcoming
Penn Law School -- chapter examines the role of institutional investors in corporate governance and the role of regulation in encouraging institutional investors to become active stewards. (..) what lessons we can draw from the US experience for the EU’s 2014 proposed amendments to the Shareholder Rights Directive.(...) survey how institutional investors themselves are governed and how they organize share voting. (...) 2 central questions: (a) why, over the last 25 years, have institutional investors not fulfilled the optimists’ hopes?; and (b) can the core incentive problems that subvert Institutional Investor activism be cured by regulation? The US experience [substantial deregulation led to only modest increases in shareholder activism], suggests (..) institutional investors’ relative passivity is a fundamental lack of incentives. I examine the disappointing results of the SEC’s long experiment with incentivizing mutual funds to vote their shares (...) the EU efforts are likely to be similarly disappointing. I then examine the important role that hedge funds now play in catalyzing institutional shareholders, and consider some of the risks in relying on such highly incentivized actors. -- PDF File: 26 -- saved to briefcase
chapter  books  SSRN  law-and-economics  behavioral_economics  financial_economics  financial_regulation  corporate_governance  corporate_law  corporate_finance  capital_markets  corporate_control_markets  institutional_investors  shareholders  shareholder_voting  mutual_funds  incentives  activist_investors  investors  hedge_funds  proxies  comparative_law  administrative_law  EU-law  regulation-harmonization  regulation-enforcement  fiduciaries  profit_maximization  EU-regulation 
july 2015 by dunnettreader
Jeremy Waldron - The Rule of Law in Public Law (September 2014) :: SSRN - Cambridge Companion to Public Law, Forthcoming
NYU School of Law, Public Law Research Paper No. 14-40 -- This paper explores the possibility of a conception of the rule of law that is oriented specifically to public law. It is not a conception of the rule of law that privileges private law rights (like rights of property) nor is it an abstract or anodyne conception that is supposed to apply to all areas of governance indiscriminately. Instead this is an account of the rule of law that takes the mission of public administration seriously and seeks to establish it on a footing of legality rather than managerialism, while at the same time acknowledging that sometimes private interests have to give way to the interests of the public. -- Number of Pages in PDF File: 19 -- Keywords: Dicey, discretion, public law, public administration, rule of law -- downloaded pdf to Note
chapter  SSRN  philosophy_of_law  jurisprudence  legal_theory  legal_system  public_law  administrative_law  rule_of_law  discretion  managerialism  public_interest  public_goods  rights-legal  constitutional_law  property_rights  property-confiscations  downloaded 
june 2015 by dunnettreader
Jeremy Waldron - Public Rule of Law (keynote address) :: SSRN September 2014
Inaugural Conference of International Society for Public Law, June 2014 -- NYU School of Law, Public Law Research Paper No. 14-41 -- This paper was delivered as the keynote address at the inaugural conference of the International Society for Public Law, in the Palazzo Vecchio in Florence, on 26 June, 2014. It develops an understanding of public law that takes seriously both the idea of public governance and the idea of individual parties as members of the public. And it outlines an understanding of the rule of law that matches these public-spirited conceptions. -- Number of Pages in PDF File: 22 -- Keywords: private property, public administration, public law, republicanism, rule of law -- downloaded pdf to Note
paper  SSRN  philosophy_of_law  jurisprudence  legal_theory  legal_system  common_good  public_law  public_goods  government-roles  administrative_law  administrative_agencies  government_agencies  property  property_rights  republicanism  rule_of_law  political_participation  governance  downloaded 
june 2015 by dunnettreader
Lucian A. Bebchuk, Robert J. Jackson - Shining Light on Corporate Political Spending - Georgetown Law Journal, Vol. 101, April 2013, pp. 923-967 :: SSRN (last revised August 2014)
Lucian A. Bebchuk - Harvard Law School; National Bureau of Economic Research (NBER); Centre for Economic Policy Research (CEPR) and European Corporate Governance Institute (ECGI) -- Robert J. Jackson Jr. - Columbia Law School --- The SEC is currently considering a rulemaking petition requesting that the SEC develop rules requiring that public companies disclose their spending on politics. The petition, which was submitted by a committee of ten corporate law professors that we co-chaired, has received unprecedented support, including comment letters from nearly half a million individuals. (...)the petition has also attracted opponents, including prominent members of Congress and business organizations.This Article puts forward a comprehensive, empirically grounded case for the rulemaking advocated in the petition. We present (..) evidence indicating that a substantial amount of corporate spending on politics occurs under investors’ radar screens, and that shareholders have significant interest in receiving information about such spending. We argue that disclosure of corporate political spending is necessary to ensure that such spending is consistent with shareholder interests. We discuss the emergence of voluntary disclosure practices in this area and show why voluntary disclosure is not a substitute for SEC rules. We also provide a framework for the SEC’s design of these rules. Finally, we consider and respond to ten objections that have been raised to disclosure rules of this kind. We show that all of the considered objections, both individually and collectively, provide no basis for opposing rules that would require public companies to disclose their spending on politics. -- downloaded pdf to Note
article  SSRN  US_government  administrative_law  administrative_agencies  financial_system  SEC  disclosure  corporate_law  corporate_governance  corporate_finance  corporate_citizenship  campaign_finance  capital_markets  investors  political_participation  lobbying  downloaded  EF-add 
november 2014 by dunnettreader
Oct 2014 - OECD - Heads of Tax Administration agree global actions | Tax administration - OECD
24/10/2014 - The OECD/G20 Base Erosion and Profit Shifting (BEPS) Project and the move to automatic exchange of financial account information took centre stage when Heads of Tax Administration met on 23-24 October in Dublin, Ireland. Nearly forty delegations, including international and regional tax organisations, participated in the Ninth Meeting of the OECD Forum on Tax Administration (FTA) and agreed that ever greater co-operation will be necessary to implement the results of the BEPS project and automatic exchange of information. Specifically they agreed: ** A strategy for systematic and enhanced co-operation between tax administrations; ** To invest the resources needed to implement the new standard on automatic exchange of information; and ** To improve the practical operation of the mutual agreement process. The communiqué contains links to the following publications that have just been released by the FTA: ** Increasing Taxpayers’ Use of Self-service Channels ** Working Smarter in Tax Debt Management ** Tax Compliance by Design – Achieving improved SME Tax Compliance by Adopting a System Perspective ** Measures of Tax Compliance Outcomes – A Practical Guide -- The FTA is the leading international body concerned with tax administration, bringing together the heads of tax administrations from the OECD, members of the G20 and large emerging economies.
OECD_economies  emerging_markets  OECD  G20  BEPS  international_political_economy  global_governance  taxes  tax_havens  tax_collection  MNCs  SMEs  fiscal_policy  sovereign_debt  public_finance  regulation-harmonization  regulation-enforcement  regulation-costs  transparency  cross-border  governments-information_sharing  government_finance  government_agencies  administrative_law 
november 2014 by dunnettreader
Georgetown Climate Center Resources to Help Communities Prepare for Climate Changes | Georgetown Climate Center
With the planet warming and extreme weather becoming the new normal, states and communities are seeking out resources to help them anticipate climate impacts and protect residents, homes, businesses, and public infrastructure from rising seas, heat, drought, wildfires, extreme weather, and other climate impacts. The Georgetown Climate Center strives to help communities meet these challenges by addressing the legal barriers that communities face when adapting to rising sea levels, and seeks to help localities prepare for the increased frequency, scope, and severity of heat events and extreme weather. The Center also strives to help communities spend disaster relief funds wisely by preparing for the next big storm – not just rebuilding to meet the status quo. The Georgetown Climate Center provides its clients with broad legal advice and policy options, along with strategies to adapt to each set of challenges. It also provides technical assistance to selected states and localities.
website  climate  climate-adaptation  risk-mitigation  land_use_planning  infrastructure  local_government  ocean  coastal_development  property_rights  law-and-economics  law-and-environment  administrative_law  regulation  cross-border  federalism  public_finance  public_goods  disaster  technical_assistance 
september 2014 by dunnettreader
Adaptation Tool Kit: Sea-Level Rise and Coastal Land Use | Georgetown Climate Center
The Adaptation Tool Kit explores 18 different land-use tools that can be used to preemptively respond to the threats posed by sea-level rise to both public and private coastal development and infrastructure, and strives to assist governments in determining which tools to employ to meet their unique socio-economic and political contexts. To this end, the tool kit also provides policymakers with a framework for decision making. Each tool is analyzed by (1) the type of power exercised to implement it (planning, regulatory, spending, or tax and market-based tools); (2) the policy objective that it facilitates (protection, accommodation, planned retreat, or preservation); and (3) the type of existing or potential land uses that the tool can be used to adapt (critical infrastructure, existing development, developable lands, and non-developable lands). A top level analysis of the trade-offs between tools—the economic, environmental, and social costs and benefits, and the legal and administrative feasibility of implementing each tool—is also provided. -- didn't download
local_government  land_use_planning  infrastructure  climate  ocean  coastal_development  regulation-environment  incentives  property_rights  administrative_agencies  administrative_law  law-and-economics  law-and-environment  environment  risk-mitigation  climate-adaptation  technical_assistance  political_economy 
september 2014 by dunnettreader
Summary Report on the mapping of contingency measures | ESMA - Nov 2011
The main conclusion is that it is unlikely that CESR [now ESMA] Members can address a crisis situation on a common or comparable legal basis and accordingly act in a coordinated way in a crisis. The availability of powers for members in a crisis with respect to the different areas of securities regulation is diverse; the nature and scope of Members’ contingency powers as well as the legal conditions governing their exercise are differing. Members are more prepared to address those crisis situations that have a connecting point with the existing EU Directives. Many Members reported that they can apply powers contained in provisions implementing EU Directives in a crisis situation by assuming that the crisis might meet the conditions required for a "regular" application of such provisions implementing EU Directive. In cases that do not meet the conditions for the regular use of such provisions based on EU-law the basis for supervisory action according to certain powers remains sometimes unclear. In order to enable ESMA and its members to effectively fulfil their functions and roles in a crisis, steps seem to be necessary in order to vest Competent Authorities with a suitable tool to address future situations that constitute or might lead to a crisis.
report  financial_system  financial_crisis  financial_regulation  market_integration  EU  ESMA  regulation-harmonization  regulation-enforcement  cross-border  administrative_law  EU-law  downloaded 
september 2014 by dunnettreader
Home -- European Securities and Markets Authority - ESMA [formerly CESR]
ESMA’s mission is to enhance the protection of investors and reinforce stable and well functioning financial markets in the European Union. ESMA, as an independent EU Authority, achieves this mission by building a single rule book for EU financial markets and ensuring its consistent application and supervision across the EU. ESMA contributes to the supervision of financial services firms with a pan-European reach, either through direct supervision or through the active co-ordination of national supervisory activity. -- successor agency as of January 2011 to the Committee of European Securities Regulators
website  government_agencies  administrative_agencies  administrative_law  EU  Europe  capital_markets  financial_regulation  regulation-harmonization  rating_agencies  equity-corporate  derivatives  markets-structure  market_integration  clearing_&_settlement  cross-border  corporate_finance  NBFI  disclosure  accounting  corporate_governance 
september 2014 by dunnettreader
Lilian Richieri Hanania - The UNESCO Convention on the Diversity of Cultural Expressions as a Coordination Framework to Promote Regulatory Coherence in the Creative Economy :: SSRN June 7, 2014
"The UNESCO Convention on the Diversity of Cultural Expressions as a Coordination Framework to Promote Regulatory Coherence in the Creative Economy" -- Université Paris I Panthéon-Sorbonne -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/03. **--** [The paper looks at] business convergence in creative industries from the perspective of cultural diversity. It is based on the premise that the recognition of the creative and innovative component of the so-called “creative industries” or the “creative economy” confirms the need for non-economic factors and particularly cultural concerns to be taken into account in regulatory efforts addressing those industries. It examines the way new technologies and business convergence may affect the “trade and culture debate” vis-à-vis the WTO, and how the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CDCE) may respond in a relevant manner to those challenges. Despite its weakly binding language, the CDCE contains principles, objectives and rules that set a comprehensive framework for policy “related to the protection and promotion of the diversity of cultural expressions” at the national, regional and international levels. -- By prioritizing policy and regulatory coordination, ... the main elements enshrined in the CDCE should be employed to contribute to greater coherence ...vis-à-vis the WTO and other IOs. - Number of Pages: 23 - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  UN  UNESCO  diversity  culture  cultural_change  culture_industries  creative_economy  trade-policy  trade-agreements  international_organizations  WTO  development  sustainability  regulation-harmonization  administrative_agencies  administrative_law  convergence-business  globalization  downloaded  EF-add 
september 2014 by dunnettreader
Rostam J. Neuwirth - The Creative Industries as a New Paradigm for Business and Law: Of 'Smart Phones' and 'Smarter Regulation' :: SSRN June 13, 2014
University of Macau - Faculty of Law, E32 -- Fourth Biennial Global conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/05. **--** From a macroeconomic perspective, the historical evolution of trade and commerce has been closely entangled in a two-way or paradoxical relationship with the evolution of laws, where one is inextricably linked to the other and both mutually influence each other. At the microeconomic level, the same can be said about the relationship between businesses or industries and their underlying technologies. Recent changes, and notably the accelerated pace by which we recognize change, has led to a widespread trend of “convergence”. Convergence has been recognised in different contexts, namely in languages, technologies, and industries as well as regulatory matters. The objective of this article is thus to first trace and describe convergence from a linguistic, technological and industrial perspective. Subsequently, in order to ponder the future regulatory challenges in the regulation of global trade under the aegis of the World Trade Organization (WTO), it will focus on the question of whether technological and industrial convergence should be met by a similar trend towards regulatory convergence through regulatory harmonisation. Put differently, it will critically evaluate the present situation of regulatory divergence in the form of regulatory diversity and regulatory competition with a view of contributing to the debate of improving global trade regulation in the 21st century. - Number of Pages: 21 -- didn't download
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  WTO  regulation  administrative_agencies  administrative_law  technocracy  accountability  public_policy  legal_culture  regulation-harmonization  technology  technology_transfer  economic_culture  creative_economy  political_participation  globalization  global_system  manufacturing  production  change-social  EF-add 
september 2014 by dunnettreader
Gregory Shaffer - How the WTO Shapes the Regulatory State :: SSRN August 14, 2014
University of California, Irvine - School of Law -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/29. *--* The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This chapter provides a new framework for assessing the broader regulatory implications of the WTO within nation states, as opposed to viewing the WTO as a form of global governance above the nation state. It first examines seven types of changes required for national law and legal practice, which affect how the state raises revenue, how the state spends it, and the principles the state applies to regulation. The chapter then assesses four broader dimensions of regulatory change catalyzed by WTO rules: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The chapter presents what we know to date and a framework for conducting further empirical study. - Number of Pages: 43 -- Keywords: WTO, World Trade Organization, Regulation, Regulatory governance, Market liberalization - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  WTO  regulation  administrative_agencies  administrative_law  technocracy  accountability  public_policy  legal_culture  legal_theory  lawyers  political_participation  business-and-politics  norms-business  markets_in_everything  markets  neoliberalism  free_trade  democracy  downloaded  EF-add 
september 2014 by dunnettreader
Fola Adeleke - Investor-State Arbitration and the Public Interest Regulation Theory :: SSRN June 16, 2014
University of the Witwatersrand - School of Law -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/12. *--* When South Africa decided late last year to terminate a number of bilateral investment agreements with European Union countries, it did so at a time when global regulatory governance has come under scrutiny for their disposition to the domestic economic policies of states and the idea of state sovereignty in the regulation of its own economic affairs is fast declining. The prevailing global regulatory governance regime institutionalizes neo-liberalism which has given birth to various economic institutions and rules including bilateral investment treaties (BITs). The policy interest behind BITs is to some extent the suspension of domestic regulation in the governance of foreign investment. With this suspension in place, the regulatory sphere is filled by a supra-national regime that is rigid and restrains state conduct. In this paper, I intend to apply the emerging legal framework of global administrative law (GAL) to investor state arbitration in order to dispel the resistance towards this dispute settlement mechanism found in BITs for its perceived inability to adequately handle disputes that deal with public interest issues that fall outside standard investment protection but are relevant to the resolution of the investment dispute. I propose the application of domestic law concepts in an international sphere and make the argument that a statutory interpretation based on administrative law principles anchors the BIT regime to the domestic policy space of states and builds up the much needed legitimacy for investor state arbitration. The focus of GAL on the procedural elements of administrative law enables the implementation of substantive norms of liberalized trade which also promotes the rule of law, encourage a broader range of social and economic actors to scrutinize decision making and promote a democratic element in global regulatory governance. This democratic element includes public participation, greater transparency as well as an interpretive approach founded on GAL principles. - Pages in PDF File: 52 -- Keywords: Bilateral Investment Treaties (BITs), Global Administrative Law (GAL), Deference, Public Interest, Investment Arbitration - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  South_Africa  EU  global_governance  global_economy  international_political_economy  international_finance  administrative_law  dispute_resolution  arbitration  neoliberalism  treaties  FDI  common_good  investment-bilateral_treaties  democracy  nation-state  national_interest  political_participation  business-and-politics  emerging_markets  investor-State_disputes  downloaded  EF-add 
september 2014 by dunnettreader
FOIA in a Holder World: Cloudy with a Chance of Rain
A little over a year ago, Attorney General Eric Holder issued a memorandum requiring agencies to administer FOIA with a “clear presumption of openness.”  This changed the playing field considerably, at least on paper.  Under the prior Administration’s policy,  agencies could disclose information only after “full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated.”  By contrast, the current Administration told agencies to err on the side of disclosure even where an exemption applied and to consider partial disclosure if it could not make full disclosure of a record.  The Holder memo explained that the DOJ would defend a denial of a FOIA request only if an agency “reasonably foresees that disclosure would harm an interest protected by a statutory exemption.”  (The Ashcroft memo declared its commitment to defending FOIA denials unless they lacked a sound legal basis).  At the time, FOIA guru Dan Metcalfe, impressed with President Obama’s “transformative” commitment to transparency, noted that the real issue was how agencies put the memo into practice.

Now, just over a year later, we have some evidence regarding the Holder memo’s efficacy.  The National Security Archive at GWU recently released an audit of federal agencies’ administration of FOIA since this Administration issued its transparency directive.  As the audit entitled “Sunshine and Shadows: The Clear Obama Message For Freedom of Information Meets Mixed Results” noted, while some progress has been made in increasing transparency, more pressure and leadership is needed to that end.  For instance, “[a]ncient requests — as old as 18 years — still persist in the FOIA system” and only four of the 90 agencies show increases in releases and decreases in denials.

The audit’s most significant findings involved agencies’ actual response to the Holder memo, either by explicitly changing their internal policies or training employees.  The good news: 38 out of 90 agencies did something.  Thirteen agencies have implemented concrete changes in practice as a result of the memo; 14 have made changes in staff training; and 11 agencies circulated and discussed the memo.  The bad news: 52 agencies either told the auditors that they have no records that demonstrate how they implemented the Holder memo (35) or provided no response at all (17).

Without training and discussion of the Holder memo’s impact, agency employees will likely continue past practices.  This may indeed be the case as there isn’t a clear upward trend in disclosure as compared to the past.  While four agencies showed an increased rate of disclosure and a decreased rate of withholdings, five agencies released less and withheld more than they did a year ago and 18 of the 28 agencies that handle more than 90 percent of FOIA requests governmentwide had a mix of increased or decreased releases or withholdings.  Of course, this could be just a matter of having enough time to get the backlog cleaned up and then turning in earnest to training staff.   Senators Leahy and Cornyn have introduced legislation to bring this process along, at least in terms of agency responsiveness to FOIA requests.  Their proposed Faster FOIA Act would establish an advisory panel to examine agency backlogs in processing requests.  On a broader level, many aspects of this Administration aren’t as different from the previous one as one might suspect and so it is interesting to think about this issue in terms of the President’s broader transparency agenda.  But as to this specific issue, it will be interesting to see if the Holder memo is as transformative in practice as it is in theory.
Administrative_Law  from google
april 2010 by dlw
Go FOIA yourself…you might be surprised
I have a love/hate relationship with FOIA. I need it and can’t live without it. For those who do original primary research, it’s an essential tool. But it is also painfully slow, hit or miss, unpredictable, and frustrating.

It also turns out that FOIA research may make you the subject of FBI scrutiny. The FBI approaches disclosure of information (predictably) like a security agency.

Author and attorney Alexander Charns wrote a very interesting book entitled Cloak and Gavel (1992), which concerned the history of the Supreme Court and its interactions with the FBI. Pursuant to one of his FOIA requests seeking historical records about Hoover abuses of power, the FBI inadvertently released to him an internal FBI memorandum that described him, his research, and the type of information he was provided.  Apparently, such memoranda on FOIA requesters are not uncommon. They are called “high visibility memoranda” and are created by the FBI FOIA section to “anticipate and minimize negative publicity resulting from FOIA releases.” A former student who recently worked with FOIA shared that she too was aware of similar memoranda maintained by the government. Apparently this practice continues.

Laying aside any question about the FBI’s authority to prepare such memoranda (perhaps based on Google research or other Internet-based information), does the FBI appreciate how the maintenance of memoranda about FOIA requesters plays with the public? I won’t hold out great hopes for more information transparency from the Obama administration, but perhaps it could at least get the FBI to lay off on the domestic FOIA surveillance?

Update (3-29-2010): This article just ran today in the Boston Globe’s online edition on the subject of the FBI, the release of documents held in the FBI’s “Special File Room,” and their availability through a volunteer group called governmentattic.org. H/T Michael Ravnitzky
Administrative_Law  Government_Secrecy  Law_School_(Scholarship)  Privacy  from google
march 2010 by dlw

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