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Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Social and Behavioral Sciences
Developing Countries In An Age Of Transparency And Disclosure, Diane Ring
Developing Countries In An Age Of Transparency And Disclosure, Diane Ring
BYU Law Review
No abstract provided.
Misaligned Interests In Private Equity, Jarrod Shobe
Misaligned Interests In Private Equity, Jarrod Shobe
BYU Law Review
This Article examines the unique set of agency costs that arise from the separation of ownership and control in private equity funds. These funds operate without significant regulatory or legislative oversight. Instead, they are governed primarily by contractual arrangements between investors and managers that are poorly understood by legal scholars. This Article looks into the black box of these internal arrangements to provide a broad analysis of whether and how these contracts align or misalign the interests of investors and managers. It turns out that the compensation of managers, which is commonly thought to serve as the most powerful tool …
The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon
The Social Relations Of Consumption: Corporate Law And The Meaning Of Consumer Culture, David G. Yosifon
BYU Law Review
A mature assessment of the society we are making for ourselves, and the legacy we are leaving to the future, must come to terms with consumer culture. Theoretical discourse, as well as common experience, betray persistent ambiguity about what consumerism means to and says about us. In this Article, I argue that this ambiguity can in part be explained by examining the social relations of consumption in contemporary society. These involve, crucially, the relationship between producer and consumer that is dictated by corporate governance law, and embodied in the decision-making dynamics of the directors who command corporate operations. The enigmatic …
Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith
Legal Regimes And Political Particularism: An Assessment Of The "Legal Families" Theory From The Perspectives Of Comparative Law And Political Economy, John W. Cioffi, D. Gordon Smith
BYU Law Review
The “legal families” theory of corporate law and ownership structures pioneered by Rafael La Porta, Florencio Lopez-deSilanes, Andrei Shleifer, and Robert Vishny provides one of the most influential accounts of why “law matters” in shaping economic organization and outcomes. However, the empirical bases and theoretical logic of the theory contain serious flaws and limitations. First, as has been pointed out by a number of critics engaged in this revision, the legal origins literature contains numerous problematic characterizations of substantive law that expose the serious problems of quantitative operationalization of legal rules as a mode of comparative legal analysis. Second, the …
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman
BYU Law Review
No abstract provided.
Theories Of Poverty/The Poverty Of Theory, Barbara Stark
Theories Of Poverty/The Poverty Of Theory, Barbara Stark
BYU Law Review
No abstract provided.