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D.C. Auction Design Malpractice?
Zipcar apparently has been the exclusive user of the 84 or so parking spaces D.C. allocates to car-sharing companies until very recently when the District’s DOT put them up for auction: The city’s department of transportation offers what are now 84 curbside parking spaces to car-sharing companies, which had up until recently been all Zipcar’s. ... D.C. Auction Design Malpractice?
Research Handbook on the Economics of Family Law
Edward Elgar has published the Research Handbook on the Economics of Family Law — available here and here or here — co-edited by myself and Lloyd Cohen. While a bit outside my normal intellectual strike zone, its an area with such a diverse and important set of topics, a lot of cool data, and application ... Research Handbook on the Economics of Family Law
Doctors and lawyers
I have spent a lot of time recently thinking about and discussing the problems with lawyer licensing and regulation and how it unnecessarily increases the costs and decreases the utility of legal services (e.g., here). I often wonder, and get asked, what about medicine? Like why are there not enough doctors or other medical practitioners? ... Doctors and lawyers
Another move to over-fiduciarize investing
The WSJ comments on a dumb proposal by the Employee Benefits Security Administration to broaden the definition of “fiduciary” to cover brokerage services with respect to retirement accounts. As the WSJ notes, For decades the finance industry has provided investors roughly two kinds of services: the “advisory” model, in which an investment professional makes trading ... Another move to over-fiduciarize investing
Popular Criticism of the Proxy Access Case
Bob Monks has a lot to say about Business Roundtable v. SEC. Some notable quotes: “The DC Circuit now has really made a reputation over four or five years of throwing out SEC regulations. Their reason for doing it is that the SEC has failed to generate cost-benefit information that conforms with their interpretation of ... Popular Criticism of the Proxy Access Case
Uncorporate Kodak!
There are reports in the press that corporations are sitting on a huge cash pile — $1.2 trillion. Apple has over 70 billion. Today’s WSJ discusses Kodak (remember film?) which is burning through money it’s collected in patent litigation in a so far futile effort to compete in selling computer printers. Since the government can’t ... Uncorporate Kodak!
Chancellor Strine on LLC law
We got our first LLC opinion from Chancellor Strine in his new position atop the Delaware Chancery Court. It’s worth close attention in its own right as a case of first impression, and as an indication of the new Chancellor’s general approach to these cases. The case is Achaian, Inc. v. Leemon Family LLC. Francis ... Chancellor Strine on LLC law
Tomorrow: Teleforum on lawyer licensing
Tomorrow, August 9, 1:00 EDT, I’ll be on the phone discussing “Grading the Bar Exam: Compulsory Licensing for Lawyers.” Sponsored by the Federalist Society Professional Responsibility and Legal Education Practice Group. To participate dial in to 1-888-752-3232. No prior registration necessary. After opening remarks, I’ll take questions from callers. Hear you there!
Government spending, cargo cults, and rules for growth
When the debate about the debt ceiling and spending gets past name-calling to real issues, it’s about the best path to growth and jobs. An example of the pro-spending view is James Surowiecki in the current New Yorker: [T]he spending cuts * * * will likely hit precisely the kind of public spending—on infrastructure, basic ... Government spending, cargo cults, and rules for growth
The arbitration (and death?) of securities class actions
Barbara Black has suggested that the time may have come to reconsider arbitration of federal securities claims against issuers (and not just brokers). And that’s only the beginning. Here’s the abstract: Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have ... The arbitration (and death?) of securities class actions
Comparative uncorporate law
Don Clarke has written a nice piece on “the past and future of comparative corporate governance.” Here’s part of the abstract: Recent years have seen the rise of comparative corporate governance (CCG) as an increasingly mainstream approach within the world of corporate governance studies. This is a function partly of an increasing international orientation on ... Comparative uncorporate law
Kathleen Casey and the power of dissent
I would like to add to Jay’s praise of departing SEC Commissioner Casey my own appreciation. I noted a couple of weeks ago the Commissioners Casey and Paredes’ influence on the DC Circuit’s proxy access decision. These Commissioners haven’t just been nay-sayers throwing down a gauntlet against regulation. Rather, they have been consistently thoughtful and ... Kathleen Casey and the power of dissent
