Category Archives: Economic Crisis

Library Highlights: International Law

Semiotics of International Law: Trade and Translation
Evandro Menezes de Carvalho
F86 K213 .C36713 2011
From the Publisher: Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challeng-es. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or inter-pret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – , want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law can-not be separated from the linguistic issue.

International Tax Law: A Legal Research Guide
Christopher C. Dykes
K103.T3 D95 2011
From the Publisher: This book presents an overview of the different aspects of international tax law as well as how to locate the various primary and secondary sources, including model tax conventions, bilateral tax treaties, and customary law. It also covers international taxation from the U.S. perspec-tive, and explores researching international tax law through online databases, using free sources as well as subscription services. Will be useful for law firms, tax professionals, law librarians, and all oth-ers interested in researching international tax law.

The New Global Law
Rafael Domingo
KZ3410 .D66 2010
From the Publisher: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious ‘democratic deficit’ of internation-al institutions highlight the need for an innovative and truly global legal system, one that permits hu-manity to reorder itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world’s peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the develop-ment of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Guide to ICSID Arbitration
Lucy Reed, Jan Paulsson, Nigel Blackaby
K3834 .R44 2011
From the Publisher: The International Centre for Settlement of Investment Disputes (ICSID) has be-come the leading arbitration institution for the resolution of investor-state disputes. Today, any com-pany considering an investment in a foreign country and any financing entity playing a role in the in-vestment must be aware of ICSID and the growing matrix of bilateral investment treaties (BITs) and multilateral treaties (MITs), most notably, the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), providing access to ICSID. Familiarity with the regime and jurispru-dence of ICSID arbitration is essential for any international investment lawyer, whether focused on transactions or disputes. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish.

International White Collar Crime: Cases and Materials
Bruce Zagaris
KZ3410 .F38 2010
From the Publisher: Contemporary transnational criminals take advantage of globalization, trade lib-eralization, and emerging new technologies to commit a diverse range of crimes, and to move money, goods, services, and people instantaneously for purposes of pure economic gain and/or political vio-lence. This book captures the importance of transnational business crime and international relations by examining the rise of international economic crime and recent strategies in the United States and abroad to combat it. The book is organized into three main sections. The first part discusses substan-tive crimes, particularly tax, money laundering, and counter-terrorism financial enforcement; transna-tional corruption; transnational organized crime; and export control and economic sanctions. The se-cond part discusses procedural aspects of international white collar crime, namely extraterritorial ju-risdiction, evidence gathering, extradition, and international prisoner transfer. The third part discusses the role of international organizations, including the United Nations, the World Bank Group, Interpol, and economic integration groups.

Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines
Hiroko Yamane
K1401.A41994 Y36 2011
From the Publisher: Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the bene-fits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R&D) and social protection are inadequate, whereas the cost of innovation is high. To-day, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation.
This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, includ-ing its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies.

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Library Highlights: Law & Economics

The Economic Approach to Law
Thomas J. Miceli
K487.E3 M528 2009
From the Publisher: [This book] provides an introductory treatment of law and economics, revealing how economic principles explain the structure of the law, and how they can help make the law more efficient. To that end, the author focuses on unifying themes in the field—rather than exhaustively covering legal topics—and thus provides a more analytical treatment of the subject. The second edition includes current research into the economics of common law areas, such as torts, contracts, and property law. The revised text also offers a new chapter that explores how economics can be applied to anti-trust law, as well as added material on intellectual property. This edition features an expanded suite of exercises and problems at the end of each chapter to encourage students to “do” law and economics.

Theoretical Foundations of Law and Economics
edited by Mark D. White
K487.E3 T48 2009
From the Publisher: The economic approach to law, or ‘law and economics’, is by far the most successful application of basic economic principles to another scholarly field, but most of the critical appraisal of the field has been scattered among law reviews and economics journals. Theoretical Foundations of Law and Economics is the first original, book-length examination of the methodology and philosophy of law and economics, featuring new essays written by leading legal scholars, philosophers, and economists. The contributors take issue with many of the key tenets of the economic approach to law, such as its assumption of rational behavior, its reliance on market analogies, and its adoption of efficiency as the primary goal of legal decision-making. They discuss the relevance of economics to the law in general, as well as to substantive areas of the law, such as contracts, torts, and crime.

The Return of Depression Economics and the Crisis of 2008
Paul Krugman
HB3716 .K77 2009
From the Publisher: Our newest Nobel Prize-winning economist shows how today’s crisis parallels the events that caused the Great Depression—and explains what it will take to avoid catastrophe. In 1999, in The Return of Depression Economics, Paul Krugman surveyed the economic crises that had swept across Asia and Latin America, and pointed out that those crises were a warning for all of us: like diseases that have become resistant to antibiotics, the economic maladies that caused the Great Depression were making a comeback. In the years that followed, as Wall Street boomed and financial wheeler-dealers made vast profits, the international crises of the 1990s faded from memory. But now depression economics has come to America: when the great housing bubble of the mid-2000s burst, the U.S. financial system proved as vulnerable as those of developing countries caught up in earlier crises and a replay of the 1930s seems all too possible.

In this new, greatly updated edition of [this book], Krugman shows how the failure of regulation to keep pace with an increasingly out-of-control financial system set the United States, and the world as a whole, up for the greatest financial crisis since the 1930s. He also lays out the steps that must be taken to contain the crisis, and turn around a world economy sliding into a deep recession. Brilliantly crafted in Krugman’s trademark style–lucid, lively, and supremely informed–this new edition of The Return of Depression Economics will become an instant cornerstone of the debate over how to respond to the crisis.

Capacitas: Contract Law and the Institutional Preconditions of a Market Economy
edited by Simon Deakin and Alain Supiot
K840 .C36 2009
From the Publisher: One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and contextspecific.

The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, ‘capacity’ is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy.

Meltdown: A Free-market Look at Why the Stock Market Collapsed, the Economy Tanked, and Government Bailouts will Make Things Worse
Thomas E. Woods Jr.
HB3722 .W66 2009
From the Publisher: The media tells us that “deregulation” and “unfettered free markets” have wrecked our economy and will continue to make things worse without a heavy dose of federal regulation. But the real blame lies elsewhere. In Meltdown, bestselling author Thomas E. Woods Jr. unearths the real causes behind the collapse of housing values and the stock market—and it turns out the culprits reside more in Washington than on Wall Street. And the trillions of dollars in federal bailouts? Our politicians’ ham-handed attempts to fix the problems they themselves created will only make things much worse. Woods, a senior fellow at the Ludwig von Mises Institute and winner of the 2006 Templeton Enterprise Award, busts the media myths and government spin. He explains how government intervention in the economy—from the Democratic hobby horse called Fannie Mae to affirmative action programs like the Community Redevelopment Act—actually caused the housing bubble. Most important, Woods, author of the New York Times bestseller The Politically Incorrect Guide™ to American History, traces this most recent boom-and-bust—and all such booms and busts of the past century—back to one of the most revered government institutions of all: the Federal Reserve System, which allows busy-body bureaucrats and ambitious politicians to pull the strings of our financial sector and manipulate the value of the very money we use. Meltdown also provides a timely history lesson to counter the current clamor for a new New Deal. The Great Depression, Woods demonstrates, was only as deep and as long as it was because of the government interventions by Herbert Hoover (no free-market capitalist, despite what your high school history teacher may have taught you) and Franklin D. Roosevelt (no savior of the American economy, in spite of what the mainstream media says). If you want to understand what caused the financial meltdown—and why none of the big-government solutions being tried today will work—Meltdown explains it all.

Law, Technology & Communications – New Acquisitions

Deep Economy: The Wealth of Communities and the Durable Future
Bill McKibben
HD75 .M353 2008
ThomCat | Amazon.com

Water on Wall Street
Frank Partnoy
HG6024.U6 P37 2009
ThomCat | Amazon.com

FORECITE California: Latest Developments in CALCRIM and CALJIC
Thomas Lundy
KFC1171 .F67 2006
ThomCat

Good Capitalism, Bad Capitalism, and the Economics of Growth and Prosperity
William J. Baumol, Robert E. Litan, Carl J. Schramm
HB501 .B372 2007
ThomCat  | Amazon.com

Intangible Cultural Heritage and Intellectual Property: Communities, Cultural Diversity and Sustainable Development
edited by Toshiyuki Kono
K3791 .I55 2009
ThomCat | Amazon.com

The International Politics of Judicial Intervention: Creating a More Just Order
Andrea Birdsall
KZ4017 .B57 2009 (New Book Shelf)
ThomCat | Amazon.com

Issues in Competition Law and Policy
Wayne Dale Collins
KF1649 .I87 2008
ThomCat | Amazon.com

The Market, the State, and the Export-Import Bank of the United States, 1934-2000
William H. Becker, William M. McClenahan, Jr.
HG3754.U5 B43 2008
ThomCat | Amazon.com

The Match King: Ivar Kreuger, the Financial Genius Behind a Century of Wall Street Scandals
Frank Partnoy
HD9660.M473 S864 2009
ThomCat | Amazon.com

The Necessary Evil of Preventive Detention in the War on Terror: a Plan for a More Moderate and Sustainable Solution
Stephanie Cooper Blum
KF9430 .B48 2008 (New Book Shelf)
ThomCat | Amazon.com

Political Determinants of Corporate Governance: Political Context, Corporate Impact
Mark J. Roe
HD2741 .R64 2006
ThomCat | Amazon.com

Take the Money and Run: Sovereign Wealth Funds and the Demise of American Prosperity
Eric C. Anderson
HG4910 .A713 2009
ThomCat | Amazon.com

Trade and Investment Rule-making: The Role of Regional and Bilateral Agreements
edited by Stephen Woolcock
HF1418.7 .T723 2006
ThomCat | Amazon.com

Varieties of Capitalism: The Institutional Foundations of Comparative Advantage
edited by Peter A. Hall and David Soskice
HB501 .V355 2001
ThomCat | Amazon.com

New Acquisitions

so_damn_much_moneySo Damn Much Money
JK 1118 .K35 2009

The life story of Washington lobbyist Gerald Cassidy is used to “illuminate how Washington has changed over the past three decades” in this bleak but informative book. Kaiser, an associate editor at the Washington Post, traces the ascendance of Cassidy, from his rough childhood in the 1950s to the incorporation of his lobbying firm, a pioneer in winning congressional earmarks for its clients, which Cassidy cofounded with Kenneth Schlossberg in 1975. The relationship between the two partners was dissolved in 1984, but Cassidy continued to build what became one of the most powerful and wealthy firms in the industry before it slipped from its vanguard status in the last few years. The author also lays out a larger history of influence peddling in federal politics, stretching back to the Civil War era, and examines the evolution of today’s “permanent campaigns.” The author’s gestures to a broader historical narrative-often in alternating chapters-sometimes distract from his nuanced examination of the rise and decline of Cassidy and Associates, but Kaiser manages to vividly elaborate the firm’s history while placing it in the context of a degenerating political culture.

©2009 Publishers Weekly.

great_financial_crisisThe Great Financial Crisis: Causes and Consequences
HB 3722 .F66 2009

In this timely and thorough analysis of the current financial crisis, Foster and Magdoff explore its roots and the radical changes that might be undertaken in response. With a foray into the Great Depression of the 1930s, they move to the present situation, born out of the housing bubble, the wider explosion of debt and the problem of financialization of capital. They survey the long-term implications and the larger political-economic aspects of the crisis to propose that the crisis raises questions that are primarily political rather than economic. They suggest that society will eventually conclude that our fatally unstable political-economic structure should be replaced with one of social use rather than private gain-a more humane order geared to collective needs. This book makes a valuable contribution to the ongoing examination of our current debt crisis, one that deserves our full attention.

©2009 Publishers Weekly.

Library Highlights: Financial Crisis 2008-2009

Interested in learning more about what may have led to the current financial crisis?  Check out these books in our TJSL library.  To read a brief description of each book, see Library Highlights 2/15/09.

shiller_subprime_solution2The Subprime Solution: How Today’s Global Financial Crisis Happened, and What to Do about It

Robert J. Shiller

HG2040.15 .S45 2008


kindleberger_manias_panics__crashes

Manias, Panics, and Crashes: A History of Financial Crises

Charles P. Kindleberger

HB3722 .K56 2005



borges_sec_executive_compensation


SEC Executive Compensation Disclosure Rules

Mark A. Borges

KF1449 .B67 2008


hung_investory__industry_perspectivesInvestor and Industry Perspectives on Investment Advisers and Broker-Dealers

Angela K. Hung

KF1070 .I58 2008


greenspan_age_of_turbulence

The Age of Turbulence : Adventures in a New World

Alan Greenspan

HB119.G74 A3 2007



brown_credit_market__subprime_distress


Credit Market and Subprime Distress: Responding to Legal Issues

Mayer Brown
KF1050 .C74 2008

Resources on Current Economic Crisis

Interested in reading more about the federal government’s response to the current economic crisis?  Fordham Law Library has collected links to a variety of documents related to the financial crisis:

  • Emergency Economic Stability Act (EESA) 2008 legislative history documents (including transcripts of testimony by Secretary Paulson and text of the various bill drafts);
  • TARP Documents (including a list of all participating banks and the dollar amounts received, relevant IRS Notices, testimony, and other public statements);
  • TARP Programs announcements and other documents (including docs related to the Financial Stability Oversight Board, Troubled Asset Auction Program, Capital Purchase Program, Programs for Systematically Significant Failing Institutions,  Guarantee Program for Troubled Assets, and Increased Deposit Insurance)
  • FDIC Programs (including statements, testimony, rules and guidelines related to the Temporary Liquidity Guarantee Program)
  • President’s Working Group on Financial Markets (PWG) (including a policy statement, Memorandum of Understanding, and progress report)
  • Federal Reserve Programs documents (including docs related to  Commercial Paper Funding Facility (CPFF); Money Market Investor Funding Facility (MMIFF); and ABCP Money Market Mutual Fund Liquidity Facility (AMLF))
  • The Mortgage Crisis (including documents related to the HOPE for Homeowners Act and  Fannie Mae & Freddie Mac
  • A.I.G. (including press releases and the Nov. 10th Term Sheet)
  • The Auto Industry (including letters, statements, legislation, regulation, and hearing transcripts)
  • The G-20 Summit (including a Summit fact sheet, Declaration, and statements by several heads of state)

Here is a link to the webpage:  http://lawlib1.lawnet.fordham.edu/econcrisis/

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You may also want to check out the LexisNexis® Financial Crisis Practice Center and the Westlaw® Financial Crisis tab.

For LexisNexis, click on the Transactional Advisor tab and select Financial Crisis Center. You’ll find:

  • financial and popular news about the financial crisis, the credit crisis, subprime mortgages, and credit regulation;
  • text of Emergency Economic  Stabilization Act, relevant regulations and bill tracking of related bills;
  • expert commentary, backgrounders, and analysis;
  • tools for investigating distressed companies; and
  • practice area specific resources on banking and financial services, bankruptcy, commercial law, insurance, labor and employment, real estate, securities, and tax.

For Westlaw, go to Add a Tab, Add Westlaw Tabs, and select Financial Crisis. You’ll find various types of information relevant to the financial crisis, including:

  • statutes, regulations and other administrative materials;
  • case law, trial filings, and appellate briefs;
  • public records and company information;
  • news, journals, and law reviews;
  • analytical materials, including current legal analysis; and
  • recent developments, including subprime resources.