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Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly
Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly
BYU Law Review
No abstract provided.
Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser
Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser
BYU Law Review
No abstract provided.
Preparing Multinational Companies For Transfer Pricing Audits Of Intangibles, Thomas C. Pearson
Preparing Multinational Companies For Transfer Pricing Audits Of Intangibles, Thomas C. Pearson
Brigham Young University International Law & Management Review
No abstract provided.
Monitoring A Game Of Winks, Nods, And Risk: Derivatives Regulation In The E.U. And Poland, Robert F. Schwartz
Monitoring A Game Of Winks, Nods, And Risk: Derivatives Regulation In The E.U. And Poland, Robert F. Schwartz
Brigham Young University International Law & Management Review
No abstract provided.
Outsourcing Information Technology To India: Explaining Patterns Of Foreign Direct Investment And Contracting In The Software Industry, Michael J. Meehan
Outsourcing Information Technology To India: Explaining Patterns Of Foreign Direct Investment And Contracting In The Software Industry, Michael J. Meehan
Brigham Young University International Law & Management Review
No abstract provided.
The "Branding Effect" Of Contracts, D. Gordon Smith
The "Branding Effect" Of Contracts, D. Gordon Smith
Faculty Scholarship
In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within a larger …
Law & Entrepreneurship: Do Courts Matter?, D. Gordon Smith, Masako Ueda
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 …