41,098 research outputs found

    Global Risks 2012, Seventh Edition

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    The World Economic Forum's Global Risks 2012 report is based on a survey of 469 experts from industry, government, academia and civil society that examines 50 global risks across five categories. The report emphasizes the singular effect of a particular constellation of global risks rather than focusing on a single existential risk. Three distinct constellations of risks that present a very serious threat to our future prosperity and security emerged from a review of this year's set of risks. Includes a special review of the important lessons learned from the 2011 earthquake, tsunami and the subsequent nuclear crisis at Fukushima, Japan. It focuses on therole of leadership, challenges to effective communication in this information age and resilient business models in response to crises of unforeseen magnitude

    Party finance reform as constitutional engineering? The effectiveness and unintended consequences of party finance reform in France and Britain

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    In both Britain and France, party funding was traditionally characterized by a laissez faire approach and a conspicuous lack of regulation. In France, this was tantamount to a 'legislative vacuum'. In the last two decades, however, both countries have sought to fundamentally reform their political finance regulation regimes. This prompted, in Britain, the Political Parties, Elections and Referendums Act 2000, and in France a bout of 'legislative incontinence' — profoundly transforming the political finance regime between 1988 and 1995. This article seeks to explore and compare the impacts of the reforms in each country in a bid to explain the unintended consequences of the alternative paths taken and the effectiveness of the new party finance regime in each country. It finds that constitutional engineering through party finance reform is a singularly inexact science, largely due to the imperfect nature of information, the limited predictability of cause and effect, and the constraining influence of non-party actors, such as the Constitutional Council in France, and the Electoral Commission in Britain

    Sarbanes-Oxley and the Search for Accountable Corporate Governance

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    Sarbanes-Oxley and the Search for Accountable Corporate Governance

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    Overregulation of Health Care: Musings on Disruptive Innovation Theory

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    Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector

    Business in the World of Water

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    The book aims to: 1) clarify and enhance understanding by business of the key issues and drivers of change related to water; 2) promote mutual understanding between the business community and non-business stakeholders on water management issues; and 3) support effective business action as part of the solution to sustainable water management. The report poses three scenarios about the possible future of water in 2025 which serve as catalysts for exploration into how businesses can contribute to sustainable water management

    Overregulation of Health Care: Musings on Disruptive Innovation Theory

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    Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector

    The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis

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    U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative steps, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; and thus regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its existence, that the safe harbor necessarily reflects the most appropriate treatment of derivatives transactions under bankruptcy and insolvency law or the treatment most likely to minimize systemic risk

    The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis

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    U.S. bankruptcy law grants special rights and immunities to creditors in derivatives transactions, including virtually unlimited enforcement rights. This article argues that these rights and immunities result from a form of path dependence, a sequence of industry-lobbied legislative steps, each incremental and in turn serving as apparent justification for the next step, without a rigorous and systematic vetting of the consequences. Because the resulting “safe harbor” has not been fully vetted, its significance and utility should not be taken for granted; and thus regulators, legislators, and other policymakers—whether in the United States or abroad—should not automatically assume, based on its existence, that the safe harbor necessarily reflects the most appropriate treatment of derivatives transactions under bankruptcy and insolvency law or the treatment most likely to minimize systemic risk
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