Showing results for: “ribstein”
Sex and the business association
Should domestic relationships be modeled on corporations, partnerships or other business associations? This idea may seem attractive. As I have argued, both business and family relationships can be viewed as standard forms, which are useful for filling gaps in long-term contractual relationships. Borrowing contract-type thinking from business associations also could help break through the norm-driven ... Sex and the business association
Big Law as LPO reseller
Yesterday’s Law Blog notes a Fronterion report that legal outsourcers are facing more competition from “insourcers” setting up centers inside the U.S. The reasons include rising wages in India and falling wages in the U.S. and the U.K. so The glut of new law school graduates in 2012 will likely put offshore legal services ... Big Law as LPO reseller
Krugman on private equity
Paul Krugman, writing in Thursday’s NYT, sees Romney as a real life version of Oliver Stone’s Gordon Gekko in the film Wall Street. He characterizes Romney and his private equity ilk as job-destroyers, and argues that they should be taxed (and presumably also regulated) accordingly. He contrasts this with the supposed position of the GOP ... Krugman on private equity
Should there be default fiduciary duties in Delaware LLCs and LPs?
A recently published on-line symposium calls needed attention to Delaware Chief Justice Myron Steele’s remarkable article, Freedom of Contract and Default Contractual Duties in the Delaware Limited Partnerships and Limited Liability Companies, 46 Am. Bus. L.J. 221 (2009) (no free link available). The Chief Justice makes an argument that is guaranteed to shock traditional business ... Should there be default fiduciary duties in Delaware LLCs and LPs?
Vote for Truth on the Market in the ABA Journal Blawg 100
Editors of the ABA Journal recently selected Truth on the Market as one of the top 100 law blogs. Blogs dedicated to law have proliferated in the last few years and of the 3,500 entries in their directory, the ABA Journal placed Truth on the Market among the top six dedicated to business law. Congratulations are in order ... Vote for Truth on the Market in the ABA Journal Blawg 100
The ABA creeps sideways on non-lawyer ownership
The ABA is considering loosening the bar on non-lawyer ownership of law firms (HT Law Blog). Here’s the discussion paper. For those who are thinking that this move is meaningful, forget about it. The ABA proposal (which would still have to be approved by the ABA and then by individual states) would permit non-lawyer ownership ... The ABA creeps sideways on non-lawyer ownership
Lawyers as responsible business advisors
Katherine Franke argues that lawyers are partly responsible for the financial misdeeds protested by OWS (HT Leiter): Implicit in the OWS protests is a condemnation of an approach to lawyering that regards all legal rules simply as the price of misconduct discounted by the probability of enforcement* * * In recent years we have seen ... Lawyers as responsible business advisors
Decriminalizing agency costs
The WSJ reports on comments by former FBI official David Cardona’s on why there haven’t been more prosecutions of financial executives as a result of the recent financial crisis: “There’s been a realization and a more deliberate targeting by the Department of Justice before we launch criminally on some of these cases” * * * ... Decriminalizing agency costs
Let Congress trade!
I have previously discussed here and here the policy arguments against a broad ban on Congressional insider trading (this is apart from Steve Bainbridge’s serious problems with the proposed legislation). Now Todd Henderson and I have weighed in on Politico with more on why we should let Congress trade (while imposing strong disclosure duties). ... Let Congress trade!
The NYT on legal education again
Last week the NYT’s David Segal attacked modern legal education in what many bloggers have criticized as an overwrought and inaccurate article. I joined the chorus. Referring to my article Practicing Theory, I noted that Segal had made the often-repeated mistake of blaming legal educators for teaching too much theory and not enough practice when ... The NYT on legal education again
Law professors, amicus briefs and blogging
Richard Fallon thinks that when law professors try to influence public debate, as when they sign amicus briefs, they should know what they’re talking about. Here’s the abstract: With ever mounting frequency, law professors flood the courts with “scholars’ briefs,” in which they advise judges and Supreme Court Justices on how to resolve disputed issues ... Law professors, amicus briefs and blogging
The value of law school
Herwig Schlunk updates his analysis of the investment value of a law degree. Here’s the abstract: There continues to be an active debate on the question of whether or not law school is a good investment. I prefer to think of the question not in terms of “whether,” but in terms of “when.” In this ... The value of law school
