The Archives

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

Dodd-Frank’s regulatory vacuum

There’s been a lot of talk about the regulatory impact on job-creation.  Add this: the regulatory vacuum resulting from an absence of rules under Dodd-Frank. A WSJ article notes that More than 100 new derivatives requirements in the law take effect on July 16, even though regulators have yet to issue final rules in the ... Dodd-Frank’s regulatory vacuum

Say on pay as Arab Spring

Did you know that shareholders in US corporations are like oppressed citizens of corrupt governments?  Or that “say on pay” is their Arab Spring? If not, you haven’t been reading Gretchen Morgenson.  Better that you read Christine Hurt’s excellent critique of Morgenson’s latest screed.

Betting against the market on lawsuits

Ted Frank’s making a big play on Wal-Mart.  He’s very confident that Wal-Mart v. Dukes will result in a reversal of the class certification in the enormous multi-billion dollar class action against it. But the things that make me confident in that result—the briefs, the tenor of the oral argument, the language in AT&T Mobility ... Betting against the market on lawsuits

California regulation

PoL tips a Mercury News story about California regulation: Carl’s Jr. is halting expansion in California and moving its headquarters to Texas. The California permitting process can take up to two years; combined with other regulations, it costs an extra $250,000 more to open a restaurant in California than in Texas. Some details from the ... California regulation

Gretchen Morgenson’s latest scandal

Gretchen Morgenson (with Louise Story), in today’s front-page NYT “newsatorial” reports on and complains about the fact that the SEC’s civil case against Goldman’s Fabrice Tourre (“Fabulous Fab”) in connection with the Abacus deal has not been accompanied by other civil and criminal prosecutions.  The story notes that Tourre worked closely with others at Goldman ... Gretchen Morgenson’s latest scandal

More on federalism and immigration

I recently discussed the Supreme Court’s latest decision not to preempt an Arizona law imposing tough sanctions on firms that employ illegal aliens. I concluded it was a close case but that there was a policy argument for the Court’s result based on Erin O’Connor and my theory of regulatory coordination.  Employment laws like Arizona’s ... More on federalism and immigration

Licensing witches

From the NYT, via MR, comes the latest licensing news:  Salem witches are complaining that relaxing the limit on witches’ licenses has led to an oversupply of this ancient profession. One witch, a former accountant, says “It’s like little ants running all over the place, trying to get a buck. Many of them are not ... Licensing witches

The uncorporate solution to corporate cash hoarding

Jason Zweig wrote Saturday in the WSJ about how companies are hoarding their cash. Microsoft, Cisco, Google, Apple and J & J “added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor’s ... The uncorporate solution to corporate cash hoarding

Immigration, preemption and regulatory coordination

The Supreme Court has issued yet another preemption opinion in Chamber of Commerce v. Whiting.  The federal Immigration Reform and Control Act makes it unlawful to employ a known unauthorized alien and preempts state sanctions “other than through licensing and similar laws.” The majority held this didn’t preempt Arizona’s broad definition of license to include such ... Immigration, preemption and regulatory coordination

Nevada and the market for corporate law

I’m just catching up with this Board Member article about Delaware’s new competitor, Nevada. It notes that Nevada’s share of the out-of-state incorporation market rose from 4.6% in 2000 to 6% in 2007.  Part of this may be due to lower fees than Delaware. But that can’t be the full explanation because all states are ... Nevada and the market for corporate law

TOTM is tops

We make three top-blogs lists:  Top ten economics blogs, Top 30 blogs to help you learn economics, and top 50 law blogs.

From bankruptcy practice to claims trading

Am Law Daily reports (HT Dealbook) that a top Weil Gotshal bankruptcy partner left to join Claims Recovery Group LLC, which trades distressed claims against bankrupt entities.  CRG’s website says that it offers creditors holding claims against bankrupt entities an opportunity to receive cash for their claims without the time and expense associated with a lengthy ... From bankruptcy practice to claims trading