The Archives

The collection of all scholarly commentary on law, economics, and more

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Law & Liturgy

I love Ethan Leib’s interesting idea of reading the legal pronouncements of Jewish liturgy in light of later legal developments–and vice versa. Ethan suggests creatively that an allusion to the liturgy of Yom Kippur (the Jewish day of atonement) may be found in Cardozo’s famous opinion in Jacob & Youngs v. Kent: “The willful transgressor ... Law & Liturgy

Interest Rates and Antitrust

Today’s Israeli newspapers have an interesting story about a multibillion dollar antitrust suit that an Israeli manufacturing firm has brought against Israel’s three major banks. The complaint alleges that the banks price colluded on rates, charging identically in five distinct rate categories: a uniform prime rate always 1.5% above the central bank’s; a uniform risk ... Interest Rates and Antitrust

New article on Board vs. Shareholder power

Lynn Stout from UCLA School of Law just posted a paper on SSRN entitled “The Mythical Benefits of Shareholder Control.” The article is forthcoming in the Virginia Law Review. Here’s the abstract: In ‘The Myth of the Shareholder Franchise‘ [also forthcoming in the Virginia Law Review], Professor Lucian Bebchuk argues that the notion that shareholders ... New article on Board vs. Shareholder power

New Paper on Option Backdating

Speaking of option backdating, David Walker from Boston University School of Law has just posted a new working paper on SRRN entitled “Some Observations on the Stock Option Backdating Scandal of 2006.” Here’s the abstract: The corporate stock option backdating scandal has dominated business page headlines during the summer of 2006. The SEC is currently ... New Paper on Option Backdating

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

Welcome to the Consumer Law & Policy Blog

The CL&P Blog, which is sponsored by the Consumer Justice Project, is up and running and promises: “[A]nalysis of the latest judicial decisions, commentary on current research and scholarship in consumer law, and discussion of a wide range of topics, such as consumer class actions, mandatory binding arbitration, predatory lending, debt collection, identity theft, and ... Welcome to the Consumer Law & Policy Blog

Are Dr. Miles' Days Numbered?

Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a ... Are Dr. Miles' Days Numbered?

Glaxo and the Value of Litigation Reserves

Experts opined yesterday on the announcement of GlaxoSmithKline’s $3.4 BILLION (*BILLION*) settlement with the IRS over litigation related to Glaxo’s transfer pricing.  Transfer pricing, as defined by the WSJ: “That practice, called “transfer pricing,” is the art of attaching a monetary value to trademarks, patents, research and other intangibles that one arm of a multinational company ... Glaxo and the Value of Litigation Reserves

DC Cracks Down on Price Gougers

After a year long investigation, Michael Giberson (of the excellent Knowledge Problem) points to the DC Attorney General’s announcement that a single retailer has agreed to pay a fine of $897.61 without admitting any wrongdoing.  Yes, 900 bucks.  Unfortunately, the lesson that the DC Attorney General has learned from this year long investigation was not ... DC Cracks Down on Price Gougers

Thoughts on AFSCME v. AIG

As discussed here, here and here, the Second Circuit recently rejected the SEC’s interpretation of Rule 14a-8(i)(8) which allows a company to exclude a shareholder proposal from its proxy materials “[i]f the proposal relates to an election for membership on the company’s board of directors . . . � (see AFSCME v. AIG, 2006 WL ... Thoughts on AFSCME v. AIG

Mike Madison on the future of legal scholarship

It occurs to me that pretty much the only “must-read” posts I find are at Larry’s blog.  Sensibly enough, as he is the . . . what do they call it . . . “blogfather” of this blog.  But once in a while a post shows up elsewhere that cries for (positive) attention.  Today that post comes from ... Mike Madison on the future of legal scholarship

Where's the outrage?

I don’t have much to add to Larry’s post about Eliot Spitzer’s persecution (and non-prosecution) of AIG and Maurice Greenberg, or to Larry’s ongoing crusade against the criminalization of agency costs.  But I just can’t resist registering my outrage.  How can this sort of thing not make your blood boil?  Other than a few lonely voices ... Where's the outrage?