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2006

Entrepreneurial and Small Business Operations

Brigham Young University Law School

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Law & Entrepreneurship: Do Courts Matter?, D. Gordon Smith, Masako Ueda Mar 2006

Law & Entrepreneurship: Do Courts Matter?, D. Gordon Smith, Masako Ueda

Faculty Scholarship

In this essay, we sketch the outlines of a research agenda exploring links between courts and entrepreneurship. Our conception of law and entrepreneurship encompasses the study of positive law (including constitutions, statutes, and regulations), common law doctrines, and private ordering that relate to the discovery and exploitation of profitable opportunities by new firms. We briefly survey the economics literatures that relate to law and entrepreneurship, including the law and finance literature launched by the work of Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and Robert Vishny (LLSV). Relying on the suggestive work of LLSV and other economists who have labored …