Investor's Bill of Rights
This week the Senate is scheduled to hear debate over the latest financial regulation reform bill (also known as the Dodd Bill). Part of the Dodd Bill incorporated aspects from a bill from Senator Schumer introduced last summer, against which I testified, called the “Shareholder’s Bill of Rights.” In light of this week’s momentous events, ... Investor's Bill of Rights
Elena Kagan Email on the Solomon Amendment
A story in the WSJ Today describes how Elena Kagan is likely to face opposition based on her stance against the Solomon amendment, a law which denied schools federal funding if they failed to allow military recruiters on campus. Dean Kagan, along with a number of other law school deans, challenged the law in Court ... Elena Kagan Email on the Solomon Amendment
Clerkships in Delaware for Aspiring Corporate Lawyers
Students interested in pursuing a career in corporate law often confront me about clerking in the Delaware Courts. If you’ve taken basic Business Law in law school, you know that the Delaware Supreme Court and the Delaware Court of Chancery are the source of American corporate law, owing to the fact that corporate law is ... Clerkships in Delaware for Aspiring Corporate Lawyers
Delaware and the American Association of Law Schools
I had the opportunity to present Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice at the American Association of Law Schools conference session on Business Associations in January. It was an engaging experience that I found particularly fun as I am from Louisiana and used to live in New Orleans. The audience was ... Delaware and the American Association of Law Schools
Diversity for Corporate Boards
In its latest rulemaking, the Securities and Exchange Commission has included a provision amending its rules to require the Nominating Committee of a company Board of Directors to disclose whether and how diversity is used as a factor in nominating director candidates to the Board of Directors. The new rule also includes a provision seeking comment ... Diversity for Corporate Boards
House Oversight Committee Hearing
Here is my testimony before the House Oversight Committee hearing last week regarding implications of the government as a shareholder in TARP recipients, particularly Citigroup, AIG and GM. It gave me a unique opportunity to continue discussing my Treasury Incorporated paper. I certainly hope the members took notes, although I doubt it. Nothing has been done since the last ... House Oversight Committee Hearing
Robert Rhee on Nationalization in a Time of Crisis
I have spent the better part of the year studying the consequences of government ownership in the private sector, see Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice. I recently had the opportunity to read a new paper from Robert Rhee that examines the issue from a different point of view, Nationalization of ... Robert Rhee on Nationalization in a Time of Crisis
The Incorporation Transparency Act
This post is based on a legal backgrounder I recently published with the Washington Legal Foundation, which is available here. This analysis is cross-posted from the Harvard Law School Forum on Corporate Governance and Financial Regulation. The Incorporation Transparency and Law Enforcement Assistance Act, introduced by Senators Levin, Grassley, and McCaskill and currently pending before the ... The Incorporation Transparency Act
The Federal Reserve Under Attack
The WSJ describes how Chairman Bernanke is going on the offensive in advance of his confirmation hearings, using them as an opportunity to oppose those elements of the Dodd Bill that would strip the Fed of some of its powers. However you feel about the policy debate, you’ve got to give him some credit for ... The Federal Reserve Under Attack
Hedge Funds & The SEC
Thanks so much to my new colleagues at Truth on the Market for inviting me to join an impressive group of scholars on a blog I have followed for many years now. Chairman Frank of House Financial Services has an interesting thought on how to prevent the next financial crisis. Let’s require hedge funds, along ... Hedge Funds & The SEC