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Articles 1 - 30 of 48
Full-Text Articles in Law
The Challenge Of Regulatory Excellence, Cary Coglianese
The Challenge Of Regulatory Excellence, Cary Coglianese
All Faculty Scholarship
Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …
Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen
Protecting One's Own Privacy In A Big Data Economy, Anita L. Allen
All Faculty Scholarship
Big Data is the vast quantities of information amenable to large-scale collection, storage, and analysis. Using such data, companies and researchers can deploy complex algorithms and artificial intelligence technologies to reveal otherwise unascertained patterns, links, behaviors, trends, identities, and practical knowledge. The information that comprises Big Data arises from government and business practices, consumer transactions, and the digital applications sometimes referred to as the “Internet of Things.” Individuals invisibly contribute to Big Data whenever they live digital lifestyles or otherwise participate in the digital economy, such as when they shop with a credit card, get treated at a hospital, apply …
Hedge Fund Activism, Poison Pills, And The Jurisprudence Of Threat, William W. Bratton
Hedge Fund Activism, Poison Pills, And The Jurisprudence Of Threat, William W. Bratton
All Faculty Scholarship
This chapter reviews the single high profile case in which twentieth century antitakeover law has come to bear on management defense against a twenty-first century activist challenge—the Delaware Court of Chancery’s decision to sustain a low-threshold poison pill deployed against an activist in Third Point LLC v. Ruprecht. The decision implicated an important policy question: whether a twentieth century doctrine keyed to hostile takeovers and control transfers appropriately can be brought to bear in a twenty-first century governance context in which the challenger eschews control transfer and instead makes aggressive use of the shareholder franchise. Resolution of the question …
Antitrust Balancing, Herbert J. Hovenkamp
Antitrust Balancing, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust litigation often confronts situations where effects point in both directions. Judges sometimes describe the process of evaluating these factors as “balancing.” In its e-Books decision the Second Circuit believed that the need to balance is what justifies application of the rule of reason. In Microsoft the D.C. Circuit stated that “courts routinely apply a…balancing approach” under which “the plaintiff must demonstrate that the anticompetitive harm…outweighs the procompetitive benefit.” But then it decided the case without balancing anything.
The term “balancing” is a very poor label for what courts actually do in these cases. Balancing requires that two offsetting effects …
Antitrust And Information Technologies, Herbert J. Hovenkamp
Antitrust And Information Technologies, Herbert J. Hovenkamp
All Faculty Scholarship
Technological change strongly affects the use of information to facilitate anticompetitive practices. The effects result mainly from digitization and the many products and processes that it enables. These technologies of information also account for a significant portion of the difficulties that antitrust law encounters when its addresses intellectual property rights. In addition, changes in the technologies of information affect the structures of certain products, in the process either increasing or decreasing the potential for competitive harm.
For example, digital technology affects the way firms exercise market power, but it also imposes serious measurement difficulties. The digital revolution has occurred in …
The Insurability Of Claims For Restitution, Christiopher C. French
The Insurability Of Claims For Restitution, Christiopher C. French
University of Pennsylvania Journal of Business Law
No abstract provided.
The Manner In Which Corporate Law And Financial Regulations Are Made, Supawich Sirikanchana, Sharareh Zand
The Manner In Which Corporate Law And Financial Regulations Are Made, Supawich Sirikanchana, Sharareh Zand
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Notable Governance Failures: Enron, Siemens And Beyond, Michael Primbs, Clara Wang
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Executive Compensation, Moritz Reinhard, Daniel Velazquez Escobar
Comparative Corporate Governance and Financial Regulation
No abstract provided.
The Role Of Private Litigation, Benedict Heil, Benjamin Lee
The Role Of Private Litigation, Benedict Heil, Benjamin Lee
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Executive Compensation: Mannesmann V. Disney - A Case Study, Do Hee Jeong, Maurice Weidhaas
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Gender Diversity On Corporate Boards: The Competing Perspectives In The U.S. And The Eu, Tyler Winters, Madhuri Jacobs-Sharma
Gender Diversity On Corporate Boards: The Competing Perspectives In The U.S. And The Eu, Tyler Winters, Madhuri Jacobs-Sharma
Comparative Corporate Governance and Financial Regulation
No abstract provided.
Interpreting The Anti-Retaliation Provision Of The Dodd-Frank Act, Zizi Petkova
Interpreting The Anti-Retaliation Provision Of The Dodd-Frank Act, Zizi Petkova
University of Pennsylvania Journal of Business Law
No abstract provided.
Fixing Lawyers’ Mistakes: The Court’S Role In Administering Delaware’S Corporate Statute, John W. Noble
Fixing Lawyers’ Mistakes: The Court’S Role In Administering Delaware’S Corporate Statute, John W. Noble
University of Pennsylvania Journal of Business Law
No abstract provided.
Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase
Recovery Of Damages For Lost Profits: The Historical Development, Robert M. Lloyd, Nicholas J. Chase
University of Pennsylvania Journal of Business Law
No abstract provided.
The Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine
The Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine
University of Pennsylvania Journal of Business Law
No abstract provided.
Specialized Juries For Patent Cases: An Empirical Proposal, Joshua L. Sohn
Specialized Juries For Patent Cases: An Empirical Proposal, Joshua L. Sohn
University of Pennsylvania Journal of Business Law
No abstract provided.
Shareholder Exit Signs On American And European Highways: Under Construction, Raluca Papadima, Mihaela Gherghe, Radu Văleanu
Shareholder Exit Signs On American And European Highways: Under Construction, Raluca Papadima, Mihaela Gherghe, Radu Văleanu
University of Pennsylvania Journal of Business Law
No abstract provided.
Regulating The Moneychangers, Jerry Markham
Regulating The Moneychangers, Jerry Markham
University of Pennsylvania Journal of Business Law
No abstract provided.
Social Enterprise Governance, Alina S. Ball
Social Enterprise Governance, Alina S. Ball
University of Pennsylvania Journal of Business Law
No abstract provided.
Sanctionable Practices At The World Bank: Interpretation And Enforcement, Michael S. Diamant, Christopher W.H. Sullivan, Jason H. Smith
Sanctionable Practices At The World Bank: Interpretation And Enforcement, Michael S. Diamant, Christopher W.H. Sullivan, Jason H. Smith
University of Pennsylvania Journal of Business Law
No abstract provided.
Manipulative Games Of Gifts By Corporate Executives, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun
Manipulative Games Of Gifts By Corporate Executives, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun
University of Pennsylvania Journal of Business Law
No abstract provided.
Real Liabilities For Fantasy Sports: The Modern Inadequacies Of Our Archaic Legal Framework, Elizabeth Steyngrob
Real Liabilities For Fantasy Sports: The Modern Inadequacies Of Our Archaic Legal Framework, Elizabeth Steyngrob
University of Pennsylvania Journal of Business Law
No abstract provided.
Pricing Mechanisms In Mergers And Acquisitions: Thinking Inside The Box, Adam Tsao
Pricing Mechanisms In Mergers And Acquisitions: Thinking Inside The Box, Adam Tsao
University of Pennsylvania Journal of Business Law
No abstract provided.
Penn Restructuring Institute & Government Participation In Resolution Processes: An Introduction, Stephen E. Hessler, David A. Skeel Jr.
Penn Restructuring Institute & Government Participation In Resolution Processes: An Introduction, Stephen E. Hessler, David A. Skeel Jr.
University of Pennsylvania Journal of Business Law
No abstract provided.
Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.
Governmental Intervention In An Economic Crisis, Robert K. Rasmussen, David A. Skeel Jr.
University of Pennsylvania Journal of Business Law
No abstract provided.
Government As Rescue Financier: Not Just A Private Lender, Marc J. Heimowitz
Government As Rescue Financier: Not Just A Private Lender, Marc J. Heimowitz
University of Pennsylvania Journal of Business Law
No abstract provided.
Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher C. French
Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher C. French
University of Pennsylvania Journal of Business Law
No abstract provided.
Developments In Sec Administrative Proceedings: An Evaluation Of Recent Appointment Clause Challenges, The Rapidly Evolving Judicial Landscape, And The Sec’S Response To Critics, Philip J. Griffin
University of Pennsylvania Journal of Business Law
No abstract provided.