The Archives

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

Showing results for:  “ribstein”

Who is the 99%?

Todd Henderson insightfully observes that it’s a collection of well-organized 1%’s.

Poets vs. capitalists

Eric Felten writing in yesterday’s WSJ, observes the hypocrisy of the poets who withdrew from competition for the T.S. Eliot Poetry Prize because it was funded by a financial firm. “Hedge funds are at the very pointy end of capitalism” sniffed one self-described “anti-capitalist in full-on form.” The anarchist vegan correctly observed that the funder’s ... Poets vs. capitalists

The ineffectiveness of internal controls reporting

We have heard much about the costs of internal controls reporting under SOX 404. Proponents argue that the fraud reduction is worth the costs.  One might question this in light of anecdotes like all the missing cash at MF Global (and many other post-SOX securities fraud suits where auditors and executives had signed off on ... The ineffectiveness of internal controls reporting

The global threat to U.S. law

A lot of ink has been spilled about the technology threat to traditional law practice. But U.S. law firms need also to worry about lawyers elsewhere in the world.  The WSJ reports that Beijing-based King & Wood is planning to join with Australian firm Mallesons Stephen Jaques to form Hong Kong-based verein King & Wood ... The global threat to U.S. law

Some Links

Professor Bainbridge properly gives candidate Gingrich the treatment Professor Ribstein dished out to Professor Krugman on private equity Jury deliberates in $1B antitrust lawsuit against Microsoft (USA Today) Clock stops on EU review of Google-Motorola acquisition (BNA) Analyst argues that killing the AT&T-T-Mobile transaction will pose risks for investors as the former searches for others ... Some Links

Fish on law teaching

Stanley Fish opines on the NYT’s recent criticisms of legal education (HT Leiter): The expert practitioner is expert in part because when he listens to a client or walks into a courtroom the field of action is already configured for him by an internalized understanding of what could possibly be at stake in proceedings like ... Fish on law teaching

Preempting state securities laws

States can be a wonderful laboratory and platform for jurisdictional competition.  But sometimes the laboratory seems to belong to Dr. Frankenstein and then federal law must step in to bring order. Biff Campbell thinks Reg D has failed its intended purpose and the reason is state law.  Here’s part of the abstract: Regulation D * ... Preempting state securities laws

Are partners employees under the discrimination laws?

The WSJ Law Blog reports that New York Supreme Court Justice Marcy Friedman held that a former Holland & Knight partner wasn’t an employee under city and state anti-discrimination laws and therefore wasn’t entitled to age discrimination protection for his expulsion at age 55.  Per the Law Blog’s summary, the ex-“partner” argued that he was ... Are partners employees under the discrimination laws?

Abolishing corporate personhood: still stupid

Doug Mataconis criticizes efforts in Congress to overrule Citizens United by abolishing corporate personhood (HT Bainbridge). I’ve already addressed this issue, noting among other things that “the loss of personhood would not have the slightest effect under Citizens United” because that case reasoned that the speaker’s identity is irrelevant.  In any event, I pointed out ... Abolishing corporate personhood: still stupid

The EU and jurisdictional competition for hedge fund regulation

The NYT reports: When he rejected a new European accord on Friday that would bind the continent ever closer, Prime Minister David Cameron seemingly sacrificed Britain’s place in Europe to preserve the pre-eminence of the City, London’s financial district. The question now is whether his stance will someday seem justified, even prescient. Mr. Cameron refused ... The EU and jurisdictional competition for hedge fund regulation

Hot off the press: Law’s Information Revolution

You’ve seen the blog posts (e.g., here) and the working paper.  Now you can get the published article here.  Let me know if you want a reprint.

Delawyering the Corporation

My paper from Wisconsin’s in-house counsel symposium (symposium discussed here, paper previewed here) is now available on SSRN. The paper is Delawyering the Corporation.  Here’s the abstract: This article shows how in-house lawyers’ role has evolved to address the high cost of legal services and the traditional information asymmetry between lawyers and clients. The first ... Delawyering the Corporation