Richard M. Buxbaum

Institutional investors and corporate governance

The volume contains 23 articles by international experts, both scholars and practioners dealing with the development of institutional investors (such as banks, insurances, investment companies, pension funds etc.), their investment and voting policies, the impact on managements of the companies concerned and related issues. The consequences of the international development on capital markets as well as policy implications for the respective national legislations are treated.

The computer and the law

“The law is very much concerned with continuity and predictability; consequently it inevitably seeks to draw analogies between a new innovation and existing doctrine.”

A Legal History of International Reparations

We have witnessed an increasing interest in reparations over the past decade, an interest derived from episodes both domestic and international, ranging historically from the legacy of slavery in the United States to events occurring these past ten years in Iraq and the Horn of Africa.1 One principal event, which not only generated most of the reparations activities and discourse of the past half-century but which has also been the subject of much of the litigation and negotiations of the most recent period, is the German payment of reparations arising out of World War II atrocities. 2 German reparations have also been at the center of the single most critical and controversial evolution of public international law in the past century; namely, the movement from state-centered to societaland individual-centered rights and obligations. This evolution has its substantive focus in the field of international human rights, and its procedural focus in the increasingly contested primacy of state reparations over direct individual claims for compensation and restitution. Both issues arose in and are illuminated by the history of German reparations and compensation or restitution payments.

Antitrust Regulation within the European Economic Community

* Member of the New York Bar. The author gratefully acknowledges his appreciation to Sol M. Linowitz, Esq., of the Rochester, New York, Bar, for his constant guidance and assistance in the preparation and revision of this article. 1. See generally Symposium on Extraterritorial Effects of the U.S. Antitrust Laws, 11 A.B.A. SECTION OF ANTITRUST LAW 65 (1957). More recent comprehensive discussions include BREWSTER, ANTITRUST AND AMERICAN BUSINESS ABROAD chs. 4, 11 (1958);

Sovereign Debtors Before Greece: The Case of Germany

This article tells a story about the impact of wars and their aftermath on property relations. It uses as a case study the fate of German public-sector and private-sector bonds issued during the Weimar Era and caught up in the turmoil of the 20th Century.

Federalism and Corporate Litigation

It is moving on towards half a century now since Mestmacker s Verwaltung, Konzerngewalt und Rechte der Aktionare appeared. It was among the first significant postwar studies of modern corporation law in a comparative context and one that productively used his comparative mastery of American law in ways that in turn were influential in shaping the terms of reference for the 1965 reform of the Aktiengesetz . Two topics dominated his study: the treatment of conflict-of-interests transactions by managers and controlling shareholders, and the application of appropriate principles of corporation law to the affiliatedenterprise system, the Konzern . On both counts the book repays reading today; at the same time, because of the clarity of its conception and organization, it encourages the reader to reflect on what a Habilitand of today might bring back from a similar intellectual voyage.