The Archives

Everything written by Keith Sharfman on law, economics, and more

Bankruptcy versus Probate

I suppose that I ought to say something about the Anna Nicole Smith case that was argued today in the Supreme Court, given that I participated in the case (together with 14 other bankruptcy scholars) by filing an amicus brief on Anna Nicole’s side. For all the talk about how arcane the case is (see, ... Bankruptcy versus Probate

Google User Privacy

I have some questions about Google’s reluctance to turn over user search data to the government. (For background on this story, see here.) 1. Why does Google gather this data to begin with? Wouldn’t the best way to protect user privacy be not to save this information in the first place? Why does Google need ... Google User Privacy

Directors’ Duties in Failing Firms

Larry Ribstein over at Ideoblog has written (together with coauthor Kelli Alces) an important new paper concerning the fiduciary duties of directors of failing firms. Conventional wisdom (as often stated in law review articles and judicial dicta) is that director fiduciary duties, though generally owed to shareholders, shift from shareholders to creditors when the firm ... Directors’ Duties in Failing Firms

Vanderbilt’s New PhD Program in Law & Economics

Brian Leiter and David Bernstein report an exciting development: Vanderbilt Law School is starting a new PhD program in “law and economics.� See the official announcement here. The program will be headed by Kip Viscusi and Joni Hersch, two well-regarded law and economics scholars who are joining the Vanderbilt faculty from Harvard Law School. One ... Vanderbilt’s New PhD Program in Law & Economics

Should Lexis and Westlaw License Google PageRank?

A few days ago, I proposed an analogy between blog entries and law review articles. I noted that searching the blogosphere is similar to searching the law review databases in Lexis or Westlaw in the sense that search results of both types are largely content-driven rather than reputation-based. Only relevant content, not past popularity, can ... Should Lexis and Westlaw License Google PageRank?

Blogs, Law Reviews, and the Economics of Superstars

Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars