French Business Law in Translation Professor George Bermann '75 LL.M. (with P. Kirch) (Juris Publishing, Huntington, N.Y., 2004)
This publication is an entirely new translation of major French legal texts, directed specifically to the business community and to legal practitioners and members of the legal academy who deal with business law issues concerning France. In a French setting, transactional work invariably involves not only fundamental contractual concepts set out in the Civil Code, but also securities law, intellectual property, competition, tax and labor law considerations, all covered in this book. Other sections (there are 15 in all) an introduction to the constitution of France and the European treaties, consumer protection, labor law and environmental law. The selection of translated material enables the reader to understand the fundamentals of each area of law, as conceived by the legislator, the French government and, in certain cases, independent regulatory authorities.
While the WTO has developed ground rules for international commerce and provided technical assistance for developing nations, General Agreement on Tariffs and Trade (GATT) remains a central document, with many of its provisions referred to in the various agreements of the 148-member global organization.
In his volume, Commentaries on the GATT/WTO Agreements, Prof. Mavrodis, who served from 1992-96 at the GATT legal service, examines relevant case law that allows him to both elaborate on and to diminish ambiguities inherent in the primary law. His commentary is divided into four parts: tackling the core disciplines, rules, exceptions, and remaining provisions of the GATT, including an analysis of the degree of sovereignty that nations lose in joining the WTO and the gains that are ensured from resulting cooperation. For international trade law scholars and legal historians, the texts of the 1947 and 1994 GATT agreements have been included as appendices.
Professor Jeffrey Gordon and Mark Roe, eds. (Cambridge University Press, New York, 2004)
Corporate governance is on the reform agenda throughout the world. Is the Anglo-American model of shareholder capitalism destined to become the global corporate governance standard or will important differences persist? Well-known scholars address this question with sophisticated political economy analysis geared to the legal frameworks. Another issue addressed in this volume is the Enron scandal, which has stirred up an urgent round of questions about corporate governance. This book offers valuable insights into the question of whether the scandal will stop a convergence that was in the works.
Prof. Gordon, who edited this book with former Columbia Professor Mark Roe (now at Harvard Law School), contributes a chapter titled "The International Relations Wedge in the Corporate Convergence Debate." In it, he argues that overall commitments to the project of transnational economic and political integration will account for the pace of convergence (or persistence of differences) in corporate governance and that shareholder capitalism has particular advantages for the convergence project because it is better suited to the control of economic nationalism.
Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals
Curtis J. Milhaupt, ed. (Columbia University Press, New York, 2003)
The dynamic tension between global markets and domestic institutions fuels the debate on corporate governance reform now raging in virtually every region of the world. Investors pursuing high returns and diversification, entrepreneurs seeking capital, and managers endeavoring to restructure troubled enterprises now routinely face transaction counter-parties who operate within different legal and political systems and who rank social priorities quite differently. This discord frames the agenda of the contributors to this volume edited by Prof. Milhaupt.
The scholars examine such issues as the possible convergence of corporate governance practices around the world, national variations in the quality of corporate law, and the fiduciary responsibilities corporate managers around the world owe to their shareholders. Among the book’s many insights is the contention that “globalization” and “global markets” are misleading terms, because they mask the local quality of much of the activity occurring within those rubrics. The case studies in this book focus on markets in France, Germany, Italy, Japan, Korea, Taiwan, and the transition economies of Eastern Europe.
Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules Professor Curtis J. Milhaupt ‘89 (with Mark D. West ’93) (Oxford University Press, 2004)
In this book, Profs. Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. The book – which analyzes the role of formal rules (law and regulations) and informal rules (norms, practices, and shared beliefs) – demonstrates that despite outward appearances of a decade of stagnation in Japan, these rules are changing significantly. The evidence suggests that in the mix of formal and informal rules that govern Japanese firms and set the incentive structure for other economic actors, law is gaining in importance. The book examines the areas of corporate governance and finance, mergers and acquisitions, financial regulation, and markets for everything from venture capital to legal talent and organized crime. The book’s emphasis on the centrality of institutions, institutional change, and responses to change portray an economy far different from those provided by previous accounts. The authors supply a wealth of previously unexplored data on the Japanese economy and legal system, and demonstrate the importance of a sound incentive roadmap for the country’s economic recovery and transition
The Columbia Business Law Review
Columbia Business Law Review is the first legal periodical at a national law school to be devoted solely to the publication of articles focusing on the interaction of the legal profession and the business community. The review publishes three issues yearly, which involve students in the editing of leading articles in business law, as well as the production of student-written notes. Columbia Business Law Review is governed by an administrative board consisting of third-year student editors. The staff of the review consists of law students selected on the basis of academic performance during the first year of law school and writing ability as demonstrated through the writing competition held annually after the spring term. Second-year staff members assist in the substantive production of the review in addition to researching and writing a student note on a business-related topic developed with the assistance of a third-year editor. The note and other responsibilities effectively train members to perform accurately both scholarly and practical legal research. For more information, please visit the review's web site at http://www.columbia.edu/cu/cblr/.
Contact Info: Katherine Robbins, Editor in Chief 212-854-1605 kad95@columbia.edu
