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The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The Law Market and U.S. law firms

According to an article in Corporate Counsel (HT Law Blog), a recent survey suggests U.S. law firms are losing international business to the Brits: About 53 percent of the companies use English law for international work, while only 34 percent use U.S. law. When asked to name law firms they would consider for multijurisdictional deals ... The Law Market and U.S. law firms

Why lawyers?

This is the real topic of Kenneth Anderson’s brief and more modestly titled Do Lawyers and Law Professors Have Any Comparative Advantages in Opining on Financial Regulation Reform? A Brief Essay. Anderson wonders whether “the skills of the lawyer and law professor are, at most, those of scribe seeking clearly to write down policy positions ... Why lawyers?

A Federal Reserve Worth Its Weight in…; or, A Gold Standard for the Modern Era

The Federal Reserve has been working with other international banking regulators in the Basel III process to alter bank capital reserves so that they are no longer pro-cyclical and based on unrealistic assumptions about economic growth during bull markets.  The Fed now urges that banks need to hold reserves on a counter-cyclical basis.  When times ... A Federal Reserve Worth Its Weight in…; or, A Gold Standard for the Modern Era

The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws

In an earlier post on the CARE Act, I highlighted the fact that the law would essentially immunize state laws regulating the distribution and sale of beer, wine and liquor wholesalers from challenge under the Commerce clause and the Sherman Act.  For more details on the CARE Act, see the earlier post, but the bottom ... The CARE Act and State Regulation of Alcohol Distribution: The Competitive and Social Effects of Post and Hold Laws

More on getting rid of LLC fiduciary duties

I have frequently discussed the ongoing jurisprudential drama in Delaware on how firms can avoid fiduciary duties. The basic setup here is that Delaware allows LLCs and other unincorporated firms to completely eliminate fiduciary duties. But they have to do it carefully. Here’s my most recent discussion of the state of play on what that ... More on getting rid of LLC fiduciary duties

The unexpected expected consequences of financial reform

The LA Times expresses surprise that Goldman Sachs will come out quite well from financial reform. Who did they think was calling the shots in Congress? Consumers? Investors? How badly were accountants, the culprits in the last financial meltdown, hurt by Sarbanes-Oxley? Most notably, the LA Times is shocked Goldman is not actually going to ... The unexpected expected consequences of financial reform

Food for thought, but don’t believe the label

“People who read food labels such as the Nutrition Facts Panel, ingredient lists or serving size are more likely to have healthier diets than those who do not read labels, according to a new study appearing in the August issue of the Journal of the American Dietetic Association.”  So reads the opening line of a ... Food for thought, but don’t believe the label

The (deficit) spender of last resort

Todd posts below about the $26 billion bill before the US House today as a gift to teachers (or perhaps more accurately, teachers unions) and school bureacrats. In reality, only $10 billion of the funds is specifically slated to rehire laid off teachers and some other public employees. The other $16 billion is to fund ... The (deficit) spender of last resort

Proxy Access At Long Last, & Introducing PA Defense # 5: Whitemail

Reports indicate that the SEC is going to vote on proxy access August 25.  The vote will be 3-2 in favor of proxy access.  The SEC first considered a proxy access rule in 2003 but never voted on it.  Prof. Harvey Goldschmid, now at Columbia Law and then a Commissioner at the SEC, was the central ... Proxy Access At Long Last, & Introducing PA Defense # 5: Whitemail

Union-boss compensation

There are hundreds and hundreds of academic articles in law, finance, economics, business, and other social sciences discussing the issue of executive compensation broadly and down to the smallest detail. There are none — actually, one working paper in draft form on one issue — that I can find on the issue of how much ... Union-boss compensation

Will an m & a boom save Big Law?

John Carney thinks a recent notable move of prominent banking partners from Latham to Milbank might signal that “debt financing for takeovers is about to take off,” just as it did when the same team moved from Skadden to Latham in 2004. This would also be consistent “with corporate cash piling up to record levels.” ... Will an m & a boom save Big Law?

Paul Krugman spouting nonsense

In this morning’s New York Times, Professor Paul Krugman laments the state of America, and, as a remedy, proposes . . . surprise! . . .  more government spending. He writes: “When we save a schoolteacher’s job, that unambiguously aids employment; when we give millionaires more money instead, there’s a good chance that most of ... Paul Krugman spouting nonsense