Finance Law And The Courts

Law and courts are often neglected in finance. The discipline is so permeated by economic analysis - the enforcement of its rules so based on regulatory authorities - that it often seems more natural to speak of financial regulation rather than financial law, de-emphasizing the role of courts. Authored by leading experts in commercial law, Finance, Law, and the Courts goes beyond this limited perspective. The book demonstrates that law and courts are essential in providing finance with the certainty it needs to operate, and the elasticity it needs to evolve. As explored in Part I of the book, these benefits result from law's status as an interpretative construct formed by rules and principles, a construct shaped by a need for consistency. When principles collide, courts are often called to solve "hard cases", and in doing so the Law of Finance evolves. Examining such hard cases, Parts II and III analyze courts' roles in influencing finance's key concepts and principles. For Public Law this includes the impact of sovereign immunity, separation of powers or individual rights on the justiciability of financial acts, central banks' mandates, and the interplay between regulatory concepts and fundamental rights. For Private Law, these include the foundations of liability for misstatements, the validity and interpretation of financial contracts, and creditor-creditor conflict. The book further explores the interplay between specialist and generalist courts and other bodies in Part IV, concluding with a case for limited specialization of finance justice in the EU. Offering a comprehensive legal treatment of finance's regulatory sources, this book is an unparalleled resource for law academics, practitioners, and policymakers seeking to better understand the complex financial cases that they may encounter.

Finance, Law, and the Courts offers a comprehensive legal treatment of finance's regulatory sources and complex problems. Drawing from European and US case law, the book demonstrates that law and the courts provide finance with the certainty it needs to operate and the elasticity it needs to evolve.

Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.

The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines

The third edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. It has been fully updated to reflect developments in the law and the markets. One of the book's distinctive features is its equal coverage of both the equity and debt sides of corporate finance law, and it seeks, where possible, to compare and contrast the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter provides a critical analysis of the present law to enable the reader to understand the difficulties, risks and tensions in this area, and the attempts by the legislature, regulators and the courts, as well as the parties involved, to deal with them. The book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.

The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

Campaigns, Congress, and Courts presents a political history of the passage, judicial interpretation, and administration of federal campaign finance law from 1907 to the present. The volume focuses on the post-Watergate years and analyzes the ideological and partisan conflicts which shape congressional and public debate over how, or whether, to regulate political money. The book opens with an account of the first law, then moves to the Watergate period while explaining the background of the 1970's reforms. Subsequent chapters examine the origin and passage of legislation through case studies, focusing on congressional debates and roll call votes; analyze the arguments of reformers and their opponents in court battles over these laws; demonstrate how the press and public opinion effect the legislative climate; assess the creation of the Federal Election Commission, its quasi-judicial role, and the political cross pressures to which it is subject; and explain the rise of labor and business PACs.