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OBLB categories

  • Brexit
  • Commercial Law
19 Jan 2021
7 min to read

Walking Solo – A New Path for the Conflict of Laws in England

Andrew Dickinson, St Catherine's College

The belated conclusion of the UK-EU Trade and Cooperation Agreement did not dampen the impact of the UK’s departure from the European Union on judicial co-operation in civil matters between the UK’s...

OBLB categories

  • Corporate Governance
19 Jan 2021
4 min to read

Importing Activists: Determinants and Consequences of Increased Cross-border Shareholder Activism

Mark G. Maffett | Anya Nakhmurina | Douglas J. Skinner

In a recent working paper, we look at what drives shareholder activism around the world, with a focus specifically on the role of corporate governance reforms. While shareholder activism has been a...
Featured

OBLB categories

  • COVID-19
  • Commercial Law
18 Jan 2021
1 min to read

Online Event Series: ‘Supporting Distressed Businesses in the COVID-19 Crisis’—The View from the UK

OBLB Editors

This year policymakers around the globe have scrambled to intervene in response to an anticipated wave of business bankruptcies flowing from COVID-19 trading disruption. A range of policies have been...

OBLB categories

  • Financial Regulation
18 Jan 2021
3 min to read

Considering the Possibility of a Central Bank Digital Currency in India

Poornima Advani

Earlier this year, the Indian Supreme Court overturned the central bank's decision to ban cryptocurrency in the country. The Reserve Bank of India (RBI) continues to be averse to accepting crypto-...

OBLB categories

  • Corporate Finance
  • Financial Regulation
15 Jan 2021
3 min to read

The Institutional Investors’ Role in Stakeholder Capitalism

Giovanni Strampelli

Institutional investors are increasingly facing pressure from their clients and others to focus more on ensuring that their investments promote corporate sustainability. Such expectations are...

OBLB categories

  • Financial Regulation
14 Jan 2021
3 min to read

Beware of the Spider: Exchange Traded Funds and the Short-Sale Ban

Egle Karmaziene | Valeri Sokolovski

ETFs, broadly defined as exchange-traded portfolios of assets, have proven to be among the most successful financial innovations of recent history. Since the introduction of the first ETF in the...

OBLB categories

  • Commercial Law
13 Jan 2021
4 min to read

How Can States Effectively Regulate Social Media Platforms?

Israr Khan

The advent of social media has revolutionized the 21st century, making significant changes to internet communication. This post looks into the shortcomings of social media such as Facebook, Twitter,...

OBLB categories

  • Competition/ Antitrust
12 Jan 2021
4 min to read

Artificial Intelligence and Unfair Competition – Unveiling an Underestimated Building Block of the AI Regulation Landscape

Stefan Scheuerer

For quite some time, artificial intelligence (in the following: AI) has been at the centre of attention of IP and competition law scholars. Yet, the role unfair competition law (in the following: UCL...

OBLB categories

  • Corporate Finance
  • Corporate Governance
  • M&A
11 Jan 2021
3 min to read

A Law and Economics Analysis of the European Takeover Directive: What about Enforcement?

Paul P Momtaz

A vast literature studies the role of institutions, such as regulation, for economic outcomes. An implicit assumption in many theoretical and empirical studies in the field is that the law is...
Featured

OBLB categories

  • Brexit
08 Jan 2021
10 min to read

Eleven Types of post-Brexit EU Law

Pavlos Eleftheriadis, Mansfield College

The United Kingdom and the European Union agreed on Christmas Eve a new Trade and Cooperation Agreement. This treaty has replaced the rules of the single market in the UK (with the exception of...

OBLB categories

  • Corporate Governance
07 Jan 2021
3 min to read

Lessons from India’s Struggles with Corporate Purpose

Afra Afsharipour

The escalating debate over corporate purpose is not confined to Western developed economies. Rapidly developing economies like India are similarly grappling with how to define and develop a legal...

OBLB categories

  • Corporate Finance
  • Corporate Governance
06 Jan 2021
4 min to read

Viewing Artificial Persons in the AI Age Through the Lens of History

Susan Watson

With talk of driverless companies and bots substituting for human beings on company boards either in part or completely, the spectre of a future controlled by entities devoid of human beings is upon...

OBLB categories

  • Corporate Governance
05 Jan 2021
3 min to read

The Push towards Corporate Guidelines

Asaf Eckstein

In recent years, corporate scholars and policymakers have devoted a great deal of attention to explore how large institutional investors, mainly mutual funds, lack capabilities and incentives to...

OBLB categories

  • Competition/ Antitrust
  • Corporate Finance
  • Corporate Governance
  • M&A
05 Jan 2021
3 min to read

Interventions by Common Owners

Nathan Shekita

The topic of common ownership has received substantial attention from both academics and policymakers in recent years. Broadly defined, common ownership exists when investors hold partial and...

OBLB categories

  • Corporate Governance
04 Jan 2021
3 min to read

Proxy Advisors As Issue Spotters

Douglas Sarro

When institutional investors hire proxy advisors to prepare reports on matters up for vote at the public companies in which they invest, are they interested in acquiring a bottom-line recommendation...
23 Dec 2020
1 min to read

Season's Greetings to Our Readers and Authors

OBLB Editors

We wish all our readers and authors a happy and peaceful Holiday Season! The blog will resume publications on 4 January 2021. The OBLB Editors
Featured

OBLB categories

  • Commercial Law
23 Dec 2020
4 min to read

Education for the Provision of Technologically Enhanced Legal Services

Václav Janeček, St Edmund Hall | Rebecca Williams, Pembroke College | Ewart Keep, Department of Education

Legal professionals increasingly rely on digital technologies when they provide legal services. The most advanced technologies such as artificial intelligence (AI) promise great advancements of legal...

OBLB categories

  • Corporate Finance
  • Corporate Governance
22 Dec 2020
3 min to read

Keep Your ‘Invisible Hands’ to Yourself: Freeing the Corporation from the Cult of the ‘Efficient Market’

David C. Donald

At the turn of the last century, a fantastic characterization of stock exchange efficiency looked to a powerful, supernatural force referred to simply as ‘the market’, which was an oracle of true...

OBLB categories

  • Commercial Law
22 Dec 2020
4 min to read

Corporate Human Rights?

Andreas Kulick

Human rights are human rights. Granting them not only to human beings but also to corporations seems like a perversion—not only because corporations have neither body nor soul but also because...

OBLB categories

  • Commercial Law
  • Competition/ Antitrust
21 Dec 2020
3 min to read

Reconceptualising patentee rights by the HCA: Australian contract law to the rescue

Samar Ashour

For years, the extent of patent rights of a patentee after sale of a patented product has been the subject of much judicial debate. This is especially so as the resolution of this issue required the...
Featured

OBLB categories

  • Commercial Law
21 Dec 2020
3 min to read

Augmented Lawyering

John Armour, Faculty of Law | Mari Sako, Saïd Business School | Richard Parnham, Saïd Business School

Legal services are traditionally provided by highly-skilled humans—that is, lawyers. During the past two decades, the costs of legal services have risen sharply but productivity has not. At the same...

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