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Asian Capitalism and the Regulation of Competition explores the implications of Asian forms of capitalism and their regulation of competition for the emerging global competition law regime. Expert contributors from a variety of backgrounds explore the topic through the lenses of formal law, soft law and transnational regulation, and make extensive comparisons with Euro-American and global models. Case studies include Japan, China and Vietnam, and thematic studies include examinations of competition law's relationship with other regulatory terrains such as public law, market culture, regulatory geography and transnational production networks.
This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.
Money for Nothing: How the Failure of Corporate Boards Is Ruining American Business and Costing Us Trillionsby John Gillespie David Zweig
A Bank of America director questioned the CEO's $76 million pay package in a year when the bank was laying off 12,600 workers and found herself dropped from the board without notice a few months later. According to their employment agreements -- approved by boards -- 96 percent of large company CEOs have guarantees that do not allow them to be fired "for cause" for unsatisfactory performance, which means they can walk away with huge payouts, and 49 percent cannot be fired even for breaking the law by failing in their fiduciary duties to shareholders. The General Motors board gave CEO Rick Wagoner a 64 percent pay raise -- to $15.7 million -- in 2007, when the company lost $38.7 billion. The company went bankrupt two years later at a cost of $52 billion to shareholders and another $13.4 billion to all taxpayers. If you own stock -- and 57 million U.S. households do -- every cent of these outrages comes out of your pocket, thanks to boards of directors who are supposed to represent your interests. Every customer, employee, and taxpayer is also being hurt and American business is being imperiled. In the most recent economic collapse, almost all attention has focused on the greed, recklessness, or incompetence of CEOs rather than the negligence of boards, who ought to be held equally, if not more, accountable because the CEOs theoretically work for them. But the world of boards has become an entrenched insiders' club -- virtually free of accountability or personal liability. Too often, corporate boards act as enabling lapdogs rather than trustworthy watchdogs, costing us trillions. Money for Nothing exposes the glaring flaws in this dysfunctional system, including directors who are selected by the CEOs they are meant to hold accountable; compensation consultants who legitimize outrageous pay; accountants and attorneys who see no evil; legal vote buying; rampant conflicts of interest; and much more. Using their extensive original reporting and interviews with high-level insiders, John Gillespie and David Zweig -- both Harvard MBAs with thirty-plus years of Fortune 100 experience at investment banks and media companies -- expose what happened, or failed to happen, in the boardrooms of companies such as Lehman Brothers, General Motors, Bear Stearns, and Countrywide and how it has resulted in so much financial devastation. They reveal how the byzantine yet indestructible web of power and money has brought on collapse after collapse, with fig-leaf reforms that feebly anticipate last year's scandal, but never next year's. Money for Nothing shows how the game is played, and how you can help to demand real change in a badly broken system.
Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes. Drawing on empirically rich case studies, contributors explore the limits of law and legal institutions in resolving land disputes and reveal insights into how key actors in East Asia understand land disputes. Their studies reveal promising dispute resolution practices and point to the likely ways that states will deal with land disputes in the future.
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