Law and Economics Commons^™

Regulating Strategic Sovereign Wealth, Paul Rose

BYU Law Review

In an era of ascendant globalization, sovereign wealth funds were used by governments around the world – and, in particular, by governments with massive natural resource wealth or balance-of-trade surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders could be easily crossed and foreign assets seemed abundant and easily acquired. After the Financial Crisis, and with the increasing nationalization seen in the 2010s, this environment began to change. Both domestic and international forces spurred the development of new, …

Addressing The Next State Fiscal Crisis: Toward An Ex Ante Scheme Of Federal Assistance To States In Fiscal Distress, Omer Kimhi

BYU Law Review

Every several years, usually after a national recession, and also as a result of the C OVID 19 pandemic, states enter financial difficulties. These difficulties spur a debate, both in the political arena and in the academic literature, concerning the appropriate federal response. Some advocate for federal bailouts to rescue the distressed states, while others argue that the states need to deal with their troubles independently or with the help of state bankruptcy legislation. The Article explores the proper federal response to states’ fiscal fiscal crises.

The Article argues that the current (suggested) responses – state bankruptcy and ex-post discretionary …

Comprehensive Rezonings, Sara C. Bronin

BYU Law Review

Of all powers given to local governments, the power to zone is one of the most significant. Zoning dictates everything that gets built in a locality—and thus effectively dictates all of the key activities that take place within it. Nationwide, most zoning codes were adopted in the first half of the twentieth century. Many, including the zoning codes of New York City and Chicago, were significantly revised in the 1960s. While these codes have been revised piecemeal, just a few American cities have undergone a comprehensive revision: replacing the old code with a completely new one.

A comprehensive rezoning can …

Stakeholder Collaboration As An Alternative To Cost-Benefit Analysis, Karen Bradshaw

BYU Law Review

This Article compares and contrasts cost-benefit analysis with “collaborative analysis” in agency decision-making. While mathematical models drive cost-benefit analysis, ongoing stakeholder negotiations drive collaborative analysis. Cost-benefit analysis relies on economists inputting numerical values into a model, whereas collaborative analysis relies on the diverse perspectives of groups and individuals affected by an agency’s decision. Administrative law scholars have exhaustively researched cost-benefit analysis while overlooking widespread agency reliance on collaborative analysis. This Article advances the novel observation that legislatures and courts sometimes treat collaborative analysis and cost-benefit analysis as interchangeable.

Administrative law scholars might find it unorthodox, even irresponsible, to equate the …

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.

Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin

Brigham Young University Journal of Public Law

No abstract provided.

Spotify’S Direct Listing And Foreign Private Issuers: Protecting Investors When Foreign Private Issuers List On A U.S. Exchange But Not On Their Home Exchange, Tayler Tanner

BYU Law Review

No abstract provided.

Sovereign Resilience: Reviving Private-Sector Economic Institutions In Indian Country, Robert J. Miller

BYU Law Review

No abstract provided.

Undressing Naked Economic Protectionism, Rational Basis Review, And Fourteenth Amendment Equal Protection, Robert M. Ahlander

BYU Law Review

No abstract provided.

Equity Crowdfunding—A Wolf In Sheep's Clothing: The Implications Of Crowdfunding Legislation Under The Jobs Act, Sharon Yamen, Yoel Goldfeder

Brigham Young University International Law & Management Review

No abstract provided.

State Obligations Concerning Socio-Economic Rights In Times Of The European Financial Crisis, Jernej Letnar Černič

Brigham Young University International Law & Management Review

No abstract provided.

The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick

BYU Law Review

This Article challenges the persistent claim that Chapter 11’s increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, I show that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. I advance a new explanatory model that draws upon modern social …

Is Greed Good? A Catholic Perspective On Modern Usury, William M. Woodyard, Chad G. Marzen

Brigham Young University Journal of Public Law

No abstract provided.

The Legal Origins Theory In Crisis, Lisa M. Fairfax

BYU Law Review

No abstract provided.

Rethinking The "Law And Finance" Paradigm, Katharina Pistor

BYU Law Review

No abstract provided.

A "Law & Personal Finance" View Of Legal Origins Theory, Karl S. Okamoto

BYU Law Review

No abstract provided.

Legal Origins, Investor Protection, And Canada, Poonam Puri

BYU Law Review

No abstract provided.

Competition Policy And Comparative Corporate Governance Of State-Owned Enterprises, D. Daniel Sokol

BYU Law Review

No abstract provided.

Unpacking Adaptibility, Andreas Engert, D. Gordon Smith

BYU Law Review

No abstract provided.

Legal Origins And The Tasks Of Corporate Law In Economic Development: A Preliminary Exploration, John Ohnesorge

BYU Law Review

No abstract provided.

Mixing-And-Matching Across (Legal) Family Lines, J. Mark Ramseyer

BYU Law Review

No abstract provided.

Responding To Rawls: Toward A Consistent And Supportable Theory Of Distributive Justice , David Elkins

Brigham Young University Journal of Public Law

No abstract provided.

The Law And Economics Of Wardrobe Malfunction, Keith Brown, Adam Candeub

BYU Law Review

No abstract provided.

European Community Competition Law, Subsidiarity, And The National Courts, Eric F. Hinton

Brigham Young University Journal of Public Law

No abstract provided.

Pleading And Proof: The Economics Of Legal Burdens, Thomas R. Lee

BYU Law Review

Courts have traditionally assigned burdens of pleading and burdens of proof by mechanically applying any of a number of meaningless "tests." Conventional doctrine assigns these burdens to the party to whose case the issue in question is "essential," or to the party who must establish the "affirmative proposition." Neither of these tests provides a coherent methodology for making such allocations. The first is circular-an issue is "essential" by virtue of the fact that the party has been assigned the burden. The latter is unworkable; it depends on accidents of syntax and may be easily manipulated. This Article attempts to fill …

Abating The Feminization Of Poverty: Changing The Rules Governing Post - Decree Modification Of Child Support Obligations, J. Thomas Oldham

BYU Law Review

No abstract provided.

Is Monopoly Rent Seeking Compatible With Wealth Maximization?

BYU Law Review

No abstract provided.

Keiretsu: Their Effect On Business And How American Government And Business Can Confront Them, Jonathan E. Johnson Iii

BYU Law Review

No abstract provided.

The Economics And Politics Of Emergency Health Care For The Poor: The Patient Dumping Dilemma, Maria O'Brien Hylton

BYU Law Review

No abstract provided.

Regulating Public Pension Fund Investment: The Role Of Federal Legislation, Sharon Reece, Richard Morrissey, Mary Beth Navin

Brigham Young University Journal of Public Law

No abstract provided.