University of California, Irvine: UCI Law Scholarly Commons

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    Teaching Corporate Finance

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    With projections that the demand for legal services will remain relatively flat in the post-crisis period, legal service providers are placing greater emphasis on business and client development, and increasingly expect such efforts from their newest associates. As language and culture can be the bridge or barrier to communication, lawyers who can speak the language and understand the business of clients will be in the best position to meet such expectations. Here, we explore the role of corporate finance education in the law school curriculum in providing the requisite immersion and language instruction for corporate lawyers in training

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    Climate Change and the Evolution of Property Rights

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    Vultures, Hyenas, and African Debt: Private Equity and Zambia

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    A 2007 U.K. court case involving Donegal, a private equity fund, and the Republic of Zambia, has contributed to an ongoing debate about the operation of so-called vulture funds in African and other developing countries. Donegal sued Zambia for more than fifty-five million U.S. dollars in connection with a debt owed by Zambia to Romania for Zambia’s acquisition of agricultural machinery from Romania pursuant to a credit agreement dated April 17, 1979. Donegal acquired the Zambian debt from Romania in 1999 at some eleven percent of face value. Although the Donegal court explicitly limited its scrutiny to the legal questions raised by the case rather than questions of morality and humanity, the moral and ethical considerations connected with the activities of vulture investors are significant. This is particularly true in Africa, which in the post-colonial period has experienced poor economic performance in both absolute and relative terms, as well as significant and even increasing levels of poverty. Poverty has exacerbated political instability in Africa. African institutional, political, and economic contexts have bearing on the operation of so-called \u27vulture funds\u27, which are typically private equity or hedge funds that seek to profit by repurchasing debt at a discount and then collecting from the debtor country at face value or an even higher amount. Commercial transactions such as the Donegal-Zambia relationship should be considered in light of the realities of such contexts

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    Artere Urbane: Tre Diversi Esperimenti Nelle Citta Americane (Urban Freeway Decisions: Different Outcomes and Explanations in Three American Cities)

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    Using three case studies, Syracuse New York, Memphis Tennessee and, Interstate 105 in Los Angeles, I trace the changing regulatory environment for decision-making on interstate highway construction within inner cities in the United States. Syracuse saw construction before the evolution of a modern environmental, historical, transportation and housing law; in Memphis the freeway was stopped by citizen actions resulting in judicial interpretations of federal highway law; and the Los Angeles resolution was molded by a consent decree entered after a law suit brought by a new public interest law firm

    The Enforcement-Compliance Paradox: Lessons About Matching Regulatory Priorities to Compliance Motivations from Pesticide Regulation in China

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    Studying amoral cost benefit analysis, legitimacy and capacity to obey the law this paper seeks to understand why Chinese farmers obey or break pesticide rules.. It uses data gathered through intensive local level fieldwork including interviews with 31 pesticide experts and officials and 119 vegetable farmers in the central China. The paper uncovers an enforcement-compliance paradox: a situation where law enforcement is prioritized exactly on those rules least likely broken and the regulated actors most likely to comply. It finds two explanations. First, enforcement policy simply may not be aware which rules and regulated actors have more compliance even when there is limited deterrence. Second, technocratic risk-averse enforcement policy may be oriented at those rules and actors where violation (theoretically) results in the largest damages, not at those rules more likely broken and actors more likely to break them

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