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Delaware and the market for LLCs
Over at the Glom’s Junior Scholar Workshop Bob Lawless, Gordon Smith and I discuss Mahsen Manesh’s Delaware and the Market for LLC Law: A Theory of Contractibility and Legal Indeterminacy. This paper argues that Delaware’s lower, flatter charges for LLCs than for corporations indicate its lack of market power in the market for LLCs. Then ... Delaware and the market for LLCs
Top Ten Books in Corporate Governance
(Law Review Editors take note, my recent submission mentioned in the following post, titled: “Defending Against Shareholder Proxy Access: Delaware’s Future Reviewing Company Defenses in the Era of Dodd-Frank” is still in the process of negotiating for a permanent Law Review home, although the expedite process is getting very hot.) After two years of steadily ... Top Ten Books in Corporate Governance
Terrorism Finance Meets Business Associations
Now that TOTM blog traffic is hitting all-time highs, I thought it would be a good time to share a link to my most recently published paper, Terrorism Finance, Business Associations, and the “Incorporation Transparency Act.” It is highly critical of Senator Levin’s “Incorporation Transparency and Law Enforcement Assistance Act,” over which Senator Levin, Senator Lieberman, ... Terrorism Finance Meets Business Associations
Another judge blasts the SEC
When the SEC announced its settlement with Citigroup a couple of weeks ago, I said: The SEC has reached another peculiar settlement, this time $75 million from Citigroup, plus fines against executives. As with the Goldman settlement, Citigroup didn’t admit fraud, or even, as in that case, a mistake. Citigroup was accused of misleading investors ... Another judge blasts the SEC
Why Take Antitrust? (Fall 2010 Edition)
In what has become an annual affair, around this time of the year, I like to make the case for law students to take antitrust. Each year, the post is edited and tweaked a little bit. So, without further ado, here is this year’s edition of “Why Take Antitrust?” As the start of the new ... Why Take Antitrust? (Fall 2010 Edition)
State Antitrust Law in Action
A predatory pricing case in California under Section 17043 results in a $21 million fine awarded to one newspaper, the Bay Guardian, in a suit against a competitor, San Francisco Weekly (HT: Reason). The suit alleged that the SF Weekly was selling advertising below cost for the purpose of harming a competitor. A summary of ... State Antitrust Law in Action
The Countrywide cases
The WSJ today covers the legal battles surrounding Countrywide Financial. The story is about the effort to hang somebody for the financial crisis. It also reveals much about the problems of criminalization of corporate agency costs, the politicization of criminal justice, and financial reform. The case against Countrywide and its former ceo Angelo Mozilo is ... The Countrywide cases
The Law Market and U.S. law firms
According to an article in Corporate Counsel (HT Law Blog), a recent survey suggests U.S. law firms are losing international business to the Brits: About 53 percent of the companies use English law for international work, while only 34 percent use U.S. law. When asked to name law firms they would consider for multijurisdictional deals ... The Law Market and U.S. law firms
Why lawyers?
This is the real topic of Kenneth Anderson’s brief and more modestly titled Do Lawyers and Law Professors Have Any Comparative Advantages in Opining on Financial Regulation Reform? A Brief Essay. Anderson wonders whether “the skills of the lawyer and law professor are, at most, those of scribe seeking clearly to write down policy positions ... Why lawyers?
A Federal Reserve Worth Its Weight in…; or, A Gold Standard for the Modern Era
The Federal Reserve has been working with other international banking regulators in the Basel III process to alter bank capital reserves so that they are no longer pro-cyclical and based on unrealistic assumptions about economic growth during bull markets. The Fed now urges that banks need to hold reserves on a counter-cyclical basis. When times ... A Federal Reserve Worth Its Weight in…; or, A Gold Standard for the Modern Era
The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws
In an earlier post on the CARE Act, I highlighted the fact that the law would essentially immunize state laws regulating the distribution and sale of beer, wine and liquor wholesalers from challenge under the Commerce clause and the Sherman Act. For more details on the CARE Act, see the earlier post, but the bottom ... The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws
Do consumers need a license to shop?
A question I ask in my latest Forbes.com column.
