The Archives

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

Showing results for:  “premium natural and organic”

Delaware uncorporate law evolves an escape from Dodd-Frank

It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so.  Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties.  This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank

Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences.  A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons

Taxing big uncorporations

A few days ago Paul Caron summarized moves toward corporate taxation of pass-through entities with more than $50 million gross receipts, adding links to prior posts on this subject. Today’s WSJ echoes this story, quoting Sen. Max Baucus, Senate Finance Chair: “We’re talking about business income here. Why not have the large pass-throughs … pay ... Taxing big uncorporations

Barnett v. Barnett on Antitrust

Tom Barnett (Covington & Burling) represents Expedia in, among other things, its efforts to persuade a US antitrust agency to bring a case against Google involving the alleged use of its search engine results to harm competition.  In that role, in a recent piece in Bloomberg, Barnett wrote the following things: “The U.S. Justice Department ... Barnett v. Barnett on Antitrust

WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

A Washington Post editorial last week reached the surprising conclusion that a series of vertical and horizontal acquisitions that led to a firm owning about 40% of the gas stations in the District of Columbia was procompetitive.  The editorial apparently concluded that the vertical integration efficiencies were more important than the adverse horizontal effects.  The ... WAPO Concludes that Vertical Efficiencies Trump Horizontal Market Power

The return of privlic equity

It’s been over four years since the heyday of the last boom when I first discussed what I called “privlic equity” in an article about Blackstone’s proposed IPO. So here we are post-bust, and according to the WSJ, they’re baack: Apollo Global Management LLC became a public company in late March. Last year, KKR & ... The return of privlic equity

The next Silicon Valley?

Don’t laugh.  It’s got a major international airport, cheap housing, major league sports and culture. It’s close to a world class university, great natural areas and another country. The urban pioneers who enriched other cities are increasingly priced out of them, and are mobile.  State and local politicians must actually improve the place in order ... The next Silicon Valley?

Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies

One of the things that I hope to spend more time doing now that I have returned to the blogosphere is open-source article writing.  By that I mean blogging about an article idea and updating it as I progress.  Some say it’s a bad plan…people might steal your ideas, or maybe you expose yourself to ... Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies

Remembering Larry: My Friend, Mentee and a Great Intellect

In 1986, when I set out to develop a Law and Economics-oriented law school at George Mason University, I knew that I had a “secret weapon”, the list of about 450 law professors who had by then attended the Law and Economics Center’s Economics Institutes for Law Professors.  I did not have a large budget, ... Remembering Larry: My Friend, Mentee and a Great Intellect

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

The effect of Van Gorkom and 102(b)(7)

Yaniv Grinstein and and Stefano Rossi have an interesting paper, Good Monitoring, Bad Monitoring, on the effect of corporate law, and specifically of the famous Delaware case Smith v. Van Gorkom and the Delaware legislature’s subsequent “fix” of that result.  Here’s the abstract: We estimate the value of monitoring in publicly traded corporations by exploiting ... The effect of Van Gorkom and 102(b)(7)

New Yorker captions and the law

For years I’ve been trying to win the New Yorker caption contest.  After repeated failure I’ve finally decided my problem is that I’m not a typical New Yorker reader.  Which means that I read the Wall Street Journal. So now the WSJ has a story (who will read it?) on other people who have had ... New Yorker captions and the law