Lessons from Cambodia
This is a little off-topic, but it’s something I gotta say. Last month I visited Tuol Sleng Genocide Museum in Phnom Penh and came away deeply impressed with the importance of confronting the consequences of abandoning civilians to ruthless and lawless regimes. The linked website has a picture of a sign at the school converted ... Lessons from Cambodia
The criminalization of Lance Armstrong
Today’s WSJ says that federal prosecutors are going after Lance Armstrong in connection with his alleged use of performance-enhancing drugs based on documents from a private arbitration case. The article notes that “Mr. Armstrong has repeatedly denied doping allegations and has not been charged with any wrongdoing” and that “[u]sing performing-enhancing techniques in sports is ... The criminalization of Lance Armstrong
The Dell rule
More than three years ago I provided this “corporate crime primer”: The Apple Rule provides for an exception from corporate criminal liability when a popular business executive is accused of, or presides over a company that is accused of, misconduct. “Popular” is defined as “liked by journalists.” * * * By contrast, when an “unpopular” ... The Dell rule
Elizabeth Warren on fact, law and theory
Since Professor Warren is much in the news lately, I thought it was time to reprise my post on her from almost four years ago. Also read the comments. Enjoy.
Mad Men returns
I’ve described Mad Men as a wonderful illustration of my theory about how business is portrayed in film (here it’s television, but much of the theory still holds): [A]rtists are inclined to view business as not just different from but antithetical to what they do. Artists (at least modern artists) are into self-expression. In other ... Mad Men returns
The pressures on prosecutors
Tomorrow’ WSJ has an interesting story that sheds light both on why we haven’t seen prosecutions from the recent financial crisis, and why we saw so many before that. The story discusses the decision not to prosecute AIG’s Joe Cassano – the “man who crashed the world.” I discussed this decision last April, noting how ... The pressures on prosecutors
Battling the mistrust-makers
My contribution to Forbes.com’s special feature on The Trust Gap. I discuss the mistrust industry, particularly including journalists and politicians, and its contribution to the weakening of capitalism.
Bad and good news for law students
Most of what we hear about the lawyer market tracks current employment figures at law firms. Everybody knows they’re down. Today’s WSJ discusses laid-off lawyers who have found it so bad they’re leaving law altogether and going into things like comedy. But then it’s bad all over, so this may be about the economy. Well, ... Bad and good news for law students
Dodd-Frank and unemployment
Perhaps we should thank Dodd-Frank for one thing – its contribution to the sticky unemployment problem. Mary Schapiro says the SEC will need to add 800 people to implement financial reform, which she says promises to be “logistically challenging and extremely labor intensive.” And the SEC did find some money to fund these positions. The ... Dodd-Frank and unemployment
More on Dodd-Frank
Continuing on the Conglomerate Dodd-Frank forum, I have posts on the federalization of insurance regulation and on the provocative question of whether there is anything in D-F worth keeping.
Conglomerate forum on Dodd-Frank
It’s up. Here’s my first post (hint, it’s not favorable).
Congress enables a start-up
The WSJ reports on the sad state of venture capital: [F]und raising has now come to a near halt. Thomson Reuters estimates U.S. venture-capital funds raised just $1.9 billion in the second quarter. By comparison, in the same period of 2000, the peak year, funds raised $33 billion. In 2009, just 170 funds raised new ... Congress enables a start-up
