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Articles 1 - 30 of 51
Full-Text Articles in Law
Delaware's Peril, Marcel Kahan
Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley
Not Without Consent: Protecting Consent Rights Against Deliberate Breach, Karen A. Chesley
Maryland Law Review
No abstract provided.
Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner
Leveraging Corporate Law: A Broader Account Of Delaware’S Competition, Christopher M. Bruner
Maryland Law Review
No abstract provided.
Benchmark Competition, Sue S. Guan
Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler
Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler
Maryland Law Review
No abstract provided.
We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin
We Three Kings: Disintermediating Voting At The Index Fund Giants, Caleb N. Griffin
Maryland Law Review
No abstract provided.
De Facto Shareholder Primacy, Jeff Schwartz
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Humans Vs. Robots: Rethinking Tax Policy For A More Sustainable Future, Kathryn Kisska-Schulze, Karie Davis-Nozemack
Maryland Law Review
No abstract provided.
Online Terms As In Terrorem Devices, Colin P. Marks
Online Terms As In Terrorem Devices, Colin P. Marks
Maryland Law Review
Online shopping has quickly replaced the brick-and-mortar experience for a large portion of the consuming public. The online transaction itself is rote: browse items, add them to your cart, and check out. Somewhere along the way, the consumer is likely made aware of (or at least exposed to) the merchant’s terms and conditions, via either a link or a pop-up box. Such terms and conditions have become so ubiquitous that most consumers would be hard-pressed to find a merchant that doesn’t try to impose them somewhere on their website. Though such terms and conditions are pervasive, most consumers do not …
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
New Economic Analysis Of Law: Beyond Technocracy And Market Design, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Resurrecting Labor, Rick Bales
Resurrecting Labor, Rick Bales
Maryland Law Review
Participation in American labor unions has changed radically, albeit incrementally, over the last fifty years. Private-sector union density has declined five-fold, whereas public-sector density has increased almost as significantly. Today, unions rarely strike, and in much of the country, they are politically impotent. As traditional manufacturing declines and is replaced by on-demand work, unions risk becoming a historical footnote.
This Article ties the decline in union density and power to macroeconomic trends that are highly troubling in an advanced democracy, such as rising income inequality and the failure of wage growth to keep pace with gross domestic product (“GDP”) growth. …
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Cybersecurity, Data Breaches, And The Economic Loss Doctrine In The Payment Card Industry, David W. Opderbeck
Maryland Law Review
Data breaches are pervasive and costly. Recent civil data breach cases have centered on the consumer credit card payment chain in the retail industry. An important issue in such cases is whether the economic loss doctrine should bar negligence claims for purely pecuniary losses suffered by a non-negligent party, such as an issuing bank or a federal credit union that must incur costs to reimburse cardholders for the fraudulent use of stolen card numbers.
The economic loss doctrine should not bar these claims. Large-scale data networks, such as consumer credit card networks, often entail significant network externalities. These include externalities …
Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco
Yates V. United States: Floundering About In The Choppy Waters Of Statutory Interpretation, Lindsay Defrancesco
Maryland Law Review
No abstract provided.
The Social Enterprise Law Market, J. Haskell Murray
The Social Enterprise Law Market, J. Haskell Murray
Maryland Law Review
During the last seven years, over thirty states have passed at least one social enterprise statute. These social enterprise statutes allow the formation of a plethora of new entity types, including low-profit limited liability companies, benefit corporations, benefit limited liability companies, public benefit corporations, and social purpose corporations. Social enterprises have attracted increasing academic attention, but virtually nothing has been written on if and how states are competing for these entities. This Article attempts to fill that void, while also providing a history of the social enterprise forms, a comparative analysis, and recommendations for states that wish to engage in …
Two Narratives Of Platform Capitalism, Frank A. Pasquale
Two Narratives Of Platform Capitalism, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub
Law And Economics: Contemporary Approaches, Martha T. Mccluskey, Frank A. Pasquale, Jennifer Taub
Faculty Scholarship
No abstract provided.
Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said
Defending Deference: A Reply To Professor Sylvain’S Disruption And Deference, Zahr K. Said
Maryland Law Review
No abstract provided.
Disruption And Deference, Olivier Sylvain
Enabling Patentless Innovation, Clark D. Asay
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Faculty Scholarship
No abstract provided.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
Anti-Waste, Michael Pappas
Anti-Waste, Michael Pappas
Faculty Scholarship
It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.
Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Journal of Business & Technology Law
No abstract provided.
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Janus Capital Group, Inc. V. First Derivative Traders: Further Limited Liability, And Missing An Opportunity To Curb Corporate Misconduct, Zachary K. Ostro
Journal of Business & Technology Law
No abstract provided.
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
Journal of Business & Technology Law
No abstract provided.
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
A Financial Economic Theory Of Punitive Damages, Robert J. Rhee
Faculty Scholarship
This Article provides a financial economic theory of punitive damages. The core problem, as the Supreme Court acknowledged in Exxon Shipping Co. v. Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes. Low frequency, high severity awards are unpredictable, cause financial distress, and beget social cost. By focusing only on offsetting escaped liability, the standard law and economics theory fails to account for the core problem of variance. This Article provides a risk arbitrage analysis of the relationship between variance, litigation valuation, and optimal deterrence. Starting with …
The Social Cost Of Financial Misrepresentations, Urska Velikonja
The Social Cost Of Financial Misrepresentations, Urska Velikonja
Faculty Scholarship
Policy makers, regulators, and academics have traditionally looked for the harm from securities fraud in the easy-to-study financial markets. However, by doing so, they have missed the significantly larger social welfare losses caused by securities fraud that fall outside financial markets. False financial disclosures, which are the most common variant of securities fraud, distort real economic decisions that firms, their rivals, suppliers, vendors, lenders, and workers make, thus distorting markets for inputs and outputs. When the fraud is revealed, every party affected makes costly adjustments. Many fraud-committing firms file for bankruptcy. Their rivals face doubts, called contagion. All firms must …
Direct (Anti-)Democracy, Maxwell L. Stearns
Direct (Anti-)Democracy, Maxwell L. Stearns
Faculty Scholarship
Legal scholars, economists, and political scientists are divided on whether voter initiatives and legislative referendums tend to produce outcomes that are more (or less) majoritarian, efficient, or solicitous of minority concerns than traditional legislation. Scholars also embrace opposing views on which law-making mechanism better promotes citizen engagement, registers preference intensities, encourages compromise, and prevents outcomes masking cycling voter preferences. Despite these disagreements, commentators generally assume that the voting mechanism itself renders plebiscites more democratic than legislative lawmaking. This assumption is mistaken.
Although it might seem unimaginable that a lawmaking process that directly engages voters possesses fundamentally antidemocratic features, this Article …
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
The Law And Economics Of Fluctuating Criminal Tendencies And Incapacitation, Murat C. Mungan
Maryland Law Review
No abstract provided.