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

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"Let the Market Handle It"

Economists, free-marketeers, and law and econ types are often accused of invoking this phrase as a knee-jerk reaction to regulations of all shapes and sizes. The position is sometimes attacked as overly simplistic, based upon an unjustified faith in markets, or just plain lazy. On this score, Don Boudreaux (Cafe Hayek, GMU) has a must-read ... "Let the Market Handle It"

Prince and NBA star in breach of contract/lease dispute

The Smoking Gun is reporting that Prince and Utah Jazz forward Carlos Boozer are involved in a property dispute over a leased West Hollywood mansion. Apparently, Prince performed unauthorized modifications to the property owned by the C Booz Multifamily I LLC. The suit alleges design updates including “painting the exterior of the [house] with purple ... Prince and NBA star in breach of contract/lease dispute

Venture Capital Pre-Emptive Financing

Today’s W$J has an article on venture capital “pre-emptive financing,� a term I had not heard before. As the article describes: Pre-emptive financing happens when a venture capitalist seeks out a promising start-up business and offers it money out of the blue, before the company tries to raise a second or third round of cash. ... Venture Capital Pre-Emptive Financing

Globetrotters Update

Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments. ... Globetrotters Update

Splitting CEO and Board Chair Roles

According to a recent NYT article (click here), 29% of S&P 500 companies have split their CEO and Board Chair roles, up from 21% five years ago. The reasons for doing so are varied: Some, like Disney, were forced by shareholders to decouple the roles. Others, like Dell, did so to give a hard-working president ... Splitting CEO and Board Chair Roles

I look pretty young but I'm just backdated, yeah

The WSJ this weekend has a long piece on the issue of stock option backdating, “The Perfect Payday.” Here’s the tagline: Some CEOs reap millions by landing stock options when they are most valuable. Luck–or something else? It’s an interesting article, much of which is devoted to debunking the assertion that backdating of options grants ... I look pretty young but I'm just backdated, yeah

CEOs, Shareholders, and Preferences for Risk

Mark Cuban, owner of the Dallas Mavericks and co-owner of Landmark Theatres, has been blogging about equity-based CEO compensation and the problems it purportedly creates. Cuban’s theory is that paying CEOs in company stock does not tend to align their interests with those of shareholders; instead, it leads CEOs to pursue excessively risky business ventures. ... CEOs, Shareholders, and Preferences for Risk

More on universities

My post on universities/Zittrain/Harvard generated an excellent comment from Mike Madison. Here is my comment to Mike’s post: I suppose at the end of the day and over a few glasses of scotch I would largely agree with your characterization of my position. I do believe that norms exist and can be beneficial, and that ... More on universities

"Hofstra-gate?" Revisited

Matt Bodie, of Hofstra and Prawfsblawg, is “a little outraged” at the NCAA tournament selection committee’s failure to invite Hofstra to the big dance.  But what really gets Matt is that: George Mason, a team that Hofstra beat twice, is going instead.  George Mason had a slightly tougher out of conference schedule, but it has ... "Hofstra-gate?" Revisited

NYSE Files Registration Statement

As expected, NYSE Group filed an S-1 registration statement today for the resale of shares received by former seat-holders in the NYSE/Archipelago merger that closed last week. The registration statement is for $100 million of common stock but according to this article, the amount will likely be revised upward. The NYSE will not receive any ... NYSE Files Registration Statement

What I Did on My Blog Vacation

So I’ve been a little absent from the blog lately. Sorry about that. I have a decent excuse. As our law prof readers know, but others might not, this is prime article submission season. The conventional wisdom is that it’s best your get your article into the hands of newly minted law review editors right ... What I Did on My Blog Vacation

Reimbursement Proposal for Short-Slate Proxy Contests

The American Federation of State, County and Municipal Employees (“AFSCMEâ€?) has submitted the following Rule 14a-8 proposal to American Express, Citigroup and Bank of New York (ht: Corporate Governance Blog): RESOLVED, that shareholders of ________ urge the board of directors (the “Board”) to amend the bylaws to provide procedures for the reimbursement of the reasonable ... Reimbursement Proposal for Short-Slate Proxy Contests