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Outputs (382)

The Process and Potential of Familialisation of Property Law (2013)
Presentation / Conference Contribution
Hayward, A. (2013, December). The Process and Potential of Familialisation of Property Law. Paper presented at Trusts of the Family Home and the Frontiers of Family Property: Domestic and Comparative Perspectives, Modern Law Review Seminar Series, Durham Law School

Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation (2013)
Journal Article
Mukwiri, J. (2013). Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation. European law review, 38(6), 829-847

One of the objectives of the Takeover Directive is to reinforce the single market by enabling the free movement of capital throughout the European Union. This requires takeover rules to be in harmony with capital movement rules, yet both 2007 and 201... Read More about Free Movement of Capital and Takeovers: a case-study of the tension between primary and secondary EU legislation.

Introduction (2013)
Book Chapter
Akseli, N. (2013). Introduction. In N. Akseli (Ed.), Availability of credit and secured transactions in a time of crisis (1-7). Cambridge University Press

Public and Private: Neither Deep Nor Meaningful? (2013)
Book Chapter
Lucy, W., & Williams, A. (2013). Public and Private: Neither Deep Nor Meaningful?. In K. Barker, & D. (. Jensen (Eds.), Private law : key encounters with public law (45-88). Cambridge University Press

Enforcement of Corporate Conduct under the Equitable Maximisation and Viability Principle (2013)
Journal Article
Attenborough, D. (2013). Enforcement of Corporate Conduct under the Equitable Maximisation and Viability Principle. Legal Studies, 33(4), 650-678. https://doi.org/10.1111/lest.12002

Legal academics and practitioners have engaged in intense elaboration and defence of differing perspectives about the appropriate standard of corporate conduct, and unresolved debates surrounding this contemporary legal issue have proved intractable.... Read More about Enforcement of Corporate Conduct under the Equitable Maximisation and Viability Principle.

International constitutionalism and the state: A rejoinder to Vlad Perju (2013)
Journal Article
O'Donoghue, A. (2013). International constitutionalism and the state: A rejoinder to Vlad Perju. International Journal of Constitutional Law, 11(4), 1052-1055. https://doi.org/10.1093/icon/mot054

The transplantation of a legal governance form from one order to another is always fraught with difficulty. Perju’s Reply asks critical questions regarding the characterization of future global governance and most particularly the use of constitution... Read More about International constitutionalism and the state: A rejoinder to Vlad Perju.

International Constitutionalism and the State (2013)
Journal Article
O'Donoghue, A. (2013). International Constitutionalism and the State. International Journal of Constitutional Law, 11(4), 1021-1045. https://doi.org/10.1093/icon/mot048

International constitutionalization presents a challenge to the traditional international legal order and particularly the role of the state. The state is currently in a period of flux within international law. Constitutionalization presents one poss... Read More about International Constitutionalism and the State.

Takeovers and incidental protection of minority shareholders (2013)
Journal Article
Mukwiri, J. (2013). Takeovers and incidental protection of minority shareholders. European Company and Financial Law Review, 10(3), 432-460. https://doi.org/10.1515/ecfr-2013-0432

One of the features of takeover law is the protection of minority shareholders. This article examines the extent at which the protection of minority shareholders is an objective of EU law, comparing certain provisions in the Takeover Directive with t... Read More about Takeovers and incidental protection of minority shareholders.

Derivative claims and ratification: Time to ditch some baggage (2013)
Journal Article
Riley, C. (2013). Derivative claims and ratification: Time to ditch some baggage. Legal Studies, 34(4), 582-608. https://doi.org/10.1111/lest.12028

The reform of the common law ‘derivative action’, by the statutory ‘derivative claim’ in Pt 11 of the Companies Act 2006, was long overdue. Many of the common law's most intractable problems, however, lay not with the derivative action itself, but ra... Read More about Derivative claims and ratification: Time to ditch some baggage.

Ordoliberal Lessons for Economic Stability: Different Kinds of Regulation, Not More Regulation (2013)
Journal Article
Siems, M., & Schnyder, G. (2014). Ordoliberal Lessons for Economic Stability: Different Kinds of Regulation, Not More Regulation. Governance, 27(3), 377-396. https://doi.org/10.1111/gove.12046

Since the Global Financial Crisis of 2008 the term “ordoliberalism” has experienced a marked revival. This discussion tends to focus on the need for more state intervention. Yet this misrepresents the core ideas of ordoliberalism because its main con... Read More about Ordoliberal Lessons for Economic Stability: Different Kinds of Regulation, Not More Regulation.

The Vacuous Concept of Shareholder Voting Rights (2013)
Journal Article
Attenborough, D. (2013). The Vacuous Concept of Shareholder Voting Rights. European Business Organization Law Review, 14(2), 147-173. https://doi.org/10.1017/s1566752912001115

The shareholder empowerment debate in corporate law is premised upon a reoccurring assumption that, historically, there has been an erosion of shareholder rights. This article contends that this premise is inaccurate and that shareholder rights have... Read More about The Vacuous Concept of Shareholder Voting Rights.

Securitisation, the Financial Crisis and the need for effective risk retention (2013)
Journal Article
Akseli, O. (2013). Securitisation, the Financial Crisis and the need for effective risk retention. European Business Organization Law Review, 14(1), 1-27. https://doi.org/10.1017/s1566752912001024

Securitisation is an important financing technique. Following the financial crisis, reform activities in relation to pitfalls of securitisation have been underway. Particularly, a significant debate globally raged following the financial crisis about... Read More about Securitisation, the Financial Crisis and the need for effective risk retention.