The Archives

Everything written by Larry Ribstein on law, economics, and more

Securities prices and current events

When teaching efficient markets I like to have fun speculating about the limits of the theory.  The third edition of my casebook (Ribstein & Letsou, Business Associations), had a New Yorker cartoon which showed executives looking out their high-rise window at attacking flying saucers and remarking: “Drat! I suppose the market has already discounted this, ... Securities prices and current events

More on Gupta-gate

I first addressed what I call “Gupta gate” a week ago in a post on “the SEC’s shrinking credibility.” There I noted: Guptagate is the SEC’s decision on March 1, the eve of its big Rajaratnam case, to file an administrative order against Rajat K. Gupta, former Goldman Sachs and P & G director, for ... More on Gupta-gate

Law school apps down

The WSJ reports: The number of law-school applicants this year is down 11.5% from a year ago to 66,876, according to the Law School Admission Council Inc. The figure * * * is the lowest since 2001 at this stage of the process. * * * Prospective law students increasingly are aware of the grim ... Law school apps down

AALS unincorporated business section call for papers

CALL FOR PAPERS AALS Section on Agency, Partnerships, LLCs and Unincorporated Associations 2012 AALS Annual Meeting Washington, D.C. The AALS Section on Agency, Partnerships, LLCs and Unincorporated Associations will hold a program during the AALS 2012 Annual Meeting in Washington, D.C. on the subject of Using Unincorporated Business Entities for Non-Business or Non-Profit Purposes.  Business ... AALS unincorporated business section call for papers

Lawyers and the invention of the barometer

Stephen Baker, writing in yesterday’s WSJ: Watson doesn’t “know” anything, experts say. * * * This is all enough to make you feel reinvigorated to be human. But focusing on Watson’s shortcomings misses the point. It risks distracting people from the transformation that Watson all but announced on its “Jeopardy!” debut: These question-answering machines will ... Lawyers and the invention of the barometer

The continuing mystery of the Gupta case

Friday I wondered whether the SEC’s hurried decision to administratively charge former Goldman director Gupta with insider trading suggested it was “in league with Justice to patch a gaping hole in its case against R by tainting a key witness.”  Then I updated with John Carney’s story that Justice actually opposed the SEC over these ... The continuing mystery of the Gupta case

Congressmen as securities traders

With all of the attention being given to insider trading by hedge funds and malfeasance by corporate executives, it’s worth reminding ourselves that the politicians who seek to impose discipline are themselves no angels. An important study published seven years ago revealed that U.S. senators were reaping returns from stock trading that strongly suggested they ... Congressmen as securities traders

Fuld, Mozilo and Raj

The WSJ reports that the investigation of Lehman’s collapse “has hit daunting hurdles that could result in no civil or criminal charges ever being filed against the company’s former executives.” The problem is that, despite Lehman’s examiner’s conclusion that Lehman used tricks (the famous Repo 105) to “paint a misleading picture of its financial condition,” Linklaters ... Fuld, Mozilo and Raj

The SEC’s shrinking credibility

Peter Henning discusses “the SEC under fire”, specifically Beckergate, which I’ve already discussed, and Guptagate, which I’ve been mulling since Sorkin’s Dealbook column last Monday. Henning observes that “the questions being asked could undermine the agency’s credibility as an effective regulator of the securities markets.” As for Beckergate, Henning notes (in addition to the issues ... The SEC’s shrinking credibility

The SEC’s internal controls problems

The WSJ discusses yesterday’s testimony by SEC chair Mary Schapiro.  Former SEC GC David Becker, you’ll recall, had a family interest in a Madoff account but nevertheless was allowed to work on Madoff issues, including recommending Madoff victim payouts that directly affected the Becker family. Ms. Schapiro said the incident had taught her to be ... The SEC’s internal controls problems

An executive MBA in law

The Canadians show the way: The year-long program, which runs in the evenings and on weekends, will examine the impact of globalization on laws, legal institutions and capital markets. * * * “This is a way for people to engage, in a more in-depth way academically, those issues they’re facing at work.” * * * ... An executive MBA in law

Paul Rubin joins TOTM

You may have noticed the newest member of the TOTM Team.  We’re very proud to welcome Paul Rubin, Samuel Candler Dobbs Professor of Economics at Emory University and one of the leading figures in law and economics.   Paul has written seminal articles on, among other subjects, the forces shaping the common law, franchising, and ... Paul Rubin joins TOTM