twitterfacebooklinkedinrss

Volume 2 – Issues 1 & 2

Implication of U.S. Venture Capital Theories for the Korean Venture Ecosystem | Author: Kab Lae Kim

Implication of U.S. Venture Capital Theories for the Korean Venture Ecosystem | Author: Kab Lae Kim

This study comprehensively analyzes both the implicit contract theory and the venture capital cycle theory. Using the U.S. venture capital theories as the framework, this study diagnoses the fundamental problem of the Korean venture policy. Ultimately, this study suggests a market-friendly venture promotion policy based on private ordering among market players and a virtuous cycle of venture capital supported by active IPO markets. Download Full Article
read more →
The Unsuitability of the “Suitability Rule”: Why FINRA’s Current Interpretation of Conduct Rule 2310 Undermines Investor “Holding Claim” Entitlements in Contemporary Markets | Authors: Laurence A. Steckman and Robert E. Conner

The Unsuitability of the “Suitability Rule”: Why FINRA’s Current Interpretation of Conduct Rule 2310 Undermines Investor “Holding Claim” Entitlements in Contemporary Markets | Authors: Laurence A. Steckman and Robert E. Conner

This article's thesis is that FINRA Conduct Rule 2310, FINRA's “suitability rule,” should be interpreted to govern all broker-customer communications that constitute non-trivial investment advice regarding portfolio composition, not just buy, sell or exchange communications, per current interpretation (the “BSE Interpretation”). Because acting on advice to hold a security (a “Holding Claim”) can affect risk just as significantly as a recommendation to buy, sell or exchange one, the BSE Interpretation leaves a large body of…
read more →
Too Much of a Good Thing: How Much Should Hedge Funds Be Required to Disclose? | Author: Daniel Etlinger

Too Much of a Good Thing: How Much Should Hedge Funds Be Required to Disclose? | Author: Daniel Etlinger

This Article critically evaluates these arguments before ultimately concluding that 13Fs are critical to monitoring the security markets and informing investors. Part I reviews the construction and application of 13(f). This part will first discuss the legislative history and intent behind Rule 13(f) before discussing how Congress, courts and the SEC have constructed 13(f). Part II then provides a general overview of hedge funds and their peculiar position within the existing regulatory framework. Part III…
read more →
Is There a Dual Banking System? | Authors: Carl Felsenfeld and Genci Bilali

Is There a Dual Banking System? | Authors: Carl Felsenfeld and Genci Bilali

There is a fierce controversy being waged today about the status of the historic dual banking system in American law. National banks (banks chartered by the national government) derive their powers from federal law. States, on the other hand, assert that they should be able to control certain aspects of national bank operations such as consumer protection written as state law. While the national banks acknowledge that states do have certain areas where they may…
read more →
Federal Patent Takings | Author: Christopher S. Storm

Federal Patent Takings | Author: Christopher S. Storm

This Paper explores the relationship between real and intellectual property and proposes a framework for analyzing takings of patent rights under the Fifth Amendment. Part II introduces the Takings Clause and the Patent Clause, highlighting the judicial debate regarding whether patent rights are “private property” within the scope of the Fifth Amendment. Next, Part III begins with a primer on Fifth Amendment jurisprudence, explaining the possessory and regulatory takings doctrines and how they apply to…
read more →
  • 1
  • 2