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The Death Of Rules And Standards, Anthony Casey 2016 The University of Chicago, Law School

The Death Of Rules And Standards, Anthony Casey

Law & Economics Workshop

No abstract provided.


Do Takeover Defenses Deter Takeovers?, Robert Schonlau 2016 Marriott School, Brigham Young University

Do Takeover Defenses Deter Takeovers?, Robert Schonlau

Law & Economics Workshop

No abstract provided.


The Value Of Takeover Defenses: Evidence From Exogenous Shocks To Closed-End Mutual Funds, Robert Jackson 2016 Columbia Law School

The Value Of Takeover Defenses: Evidence From Exogenous Shocks To Closed-End Mutual Funds, Robert Jackson

Law & Economics Workshop

No abstract provided.


The Exporting Process: Some Considerations For Practitioners, Albert Caproni III 2016 University of Georgia School of Law

The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Housing Crash And The End Of American Citizenship, Matt Stoller 2016 Roosevelt Institute

The Housing Crash And The End Of American Citizenship, Matt Stoller

Fordham Urban Law Journal

No abstract provided.


Occupy Wall Street And International Human Rights, Martha F. Davis 2016 Northeastern University School of Law

Occupy Wall Street And International Human Rights, Martha F. Davis

Fordham Urban Law Journal

No abstract provided.


Differential Access To Capital From Financial Institutions By Minority Entrepreneurs, Darius Palia 2016 Rutgers Business School

Differential Access To Capital From Financial Institutions By Minority Entrepreneurs, Darius Palia

Law & Economics Workshop

No abstract provided.


A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr. 2016 New York University School of Law

A Two-Step Plan For Puerto Rico, Clayton P. Gillette, David A. Skeel Jr.

Faculty Scholarship

Few still believe that Puerto Rico is capable of meeting all of its financial obligations and continuing to provide basic services. The territory is already in default, and conditions are rapidly deteriorating. Is there a way forward? We think there is. In this short article, we outline a two-part plan for correcting Puerto Rico’s most urgent fiscal and financial problems.

The first step is to create an independent financial control board that has authority over Puerto Rico’s budgets and related issues. Notwithstanding concerns that an externally imposed financial control board (FCB) may interfere with the decision making processes ...


Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy 2016 Pepperdine University

Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy

Pepperdine Law Review

Various doctrines from different areas of the law provide special legal protection for property that is produced and used for personal use, creating the legal category of "consumption property." Zoning, criminal procedure, discrimination, foreclosure and bankruptcy, taxes and eminent domain all treat property for consumption differently than commercial property. Recently, a new social phenomenon known as the sharing economy allows owners to rent out personal assets such as a room in their home, their private car, a bicycle, and even pets. The sharing economy challenges the foundational distinction between privately used property and commercial property and leads to fragmentation of ...


Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks McCormack 2016 University of Washington School of Law

Overtaxing The Working Family: Uncle Sam And The Childcare Squeeze, Shannon Weeks Mccormack

Michigan Law Review

Today, many working parents are caught in a “childcare squeeze”: while they require two incomes just to make ends meet, they end up spending a strikingly large percentage of their income on childcare so that they can work outside the home. Worse still, some parents find themselves “squeezed out” of the market entirely, unable to earn the additional income their families require because they cannot find jobs that pay enough to offset soaring childcare expenses. This Article argues that the tax laws have played an important role in aggravating these hardships. Currently, the Internal Revenue Code treats the childcare costs ...


Corporate Governance Regulation Through Non-Prosecution, Jennifer Arlen, Marcel Kahan 2016 NYU School of Law

Corporate Governance Regulation Through Non-Prosecution, Jennifer Arlen, Marcel Kahan

New York University Law and Economics Working Papers

Over the last decade, federal corporate criminal enforcement policy has undergone a significant transformation. Firms that commit crimes are no longer simply required to pay fines. Instead, prosecutors and firms enter into pretrial diversion agreements (PDAs). Prosecutors regularly use PDAs to impose mandates on firms creating new duties that alter firms’ internal operations or governance structures. This Article evaluates PDA mandates to determine whether and when prosecutors can appropriately use them to deter corporate crime. We find that mandates can be justified. But, contrary to DOJ policy favoring mandates for any firm with a deficient compliance program at the time ...


Corporate Governance Regulation Through Non-Prosecution, Jennifer Arlen, Marcel Kahan 2016 NYU Law School

Corporate Governance Regulation Through Non-Prosecution, Jennifer Arlen, Marcel Kahan

New York University Public Law and Legal Theory Working Papers

Over the last decade, federal corporate criminal enforcement policy has undergone a significant transformation. Firms that commit crimes are no longer simply required to pay fines. Instead, prosecutors and firms enter into pretrial diversion agreements (PDAs). Prosecutors regularly use PDAs to impose mandates on firms creating new duties that alter firms’ internal operations or governance structures. This Article evaluates PDA mandates to determine whether and when prosecutors can appropriately use them to deter corporate crime. We find that mandates can be justified. But, contrary to DOJ policy favoring mandates for any firm with a deficient compliance program at the time ...


The Two Sides Of Magna Carta: How Good Government Sometimes Wins Out Over Public Choice, Richard A. Epstein 2016 New York University, School of Law

The Two Sides Of Magna Carta: How Good Government Sometimes Wins Out Over Public Choice, Richard A. Epstein

Law & Economics Workshop

No abstract provided.


How Does Hedge Fund Activism Reshape Corporate Innovation?, Alon Brav 2016 The Fuqua School of Business, Duke University

How Does Hedge Fund Activism Reshape Corporate Innovation?, Alon Brav

Law & Economics Workshop

No abstract provided.


Is Intellectual Property Trivial?, Jonathan M. Barnett 2016 University of Southern California

Is Intellectual Property Trivial?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

We typically assume that intellectual property makes a substantial difference in regulating access to intellectual goods and thereby provides incentives for the production of intellectual goods. But the existence of alternative instruments by which to appropriate innovation returns suggests that even substantial changes in intellectual property may often make little difference in regulating access, which in turn means that those changes may often make little difference in regulating innovation incentives. This raises a conundrum: in markets where 'more or less IP' exerts no substantial effect on access costs and innovation gains, why do firms expend resources on influencing changes in ...


The Host's Dilemma: Strategic Forfeiture In Platform Markets For Informational Goods, Jonathan M. Barnett 2016 University of Southern California

The Host's Dilemma: Strategic Forfeiture In Platform Markets For Informational Goods, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Voluntary forfeiture of intellectual assets — often, exceptionally valuable assets — is surprisingly widespread in information technology markets. A simple economic rationale can account for these practices. By giving away access to core technologies, a platform holder commits against expropriating (and thereby induces) user investments that support platform value. To generate revenues that cover development and maintenance costs, the platform holder must regulate access to other goods and services within the total consumption bundle. The trade-off between forfeiting access (to induce adoption) and regulating access (to recover costs) anticipates the substantial convergence of open and closed innovation models. Organizational patterns in certain ...


Puerto Rico: Of Capital Structures, Control Rights, And Liquidity, Robert Rasmussen 2016 University of Southern California

Puerto Rico: Of Capital Structures, Control Rights, And Liquidity, Robert Rasmussen

University of Southern California Legal Studies Working Paper Series

The on-going financial distress of Puerto Rico seems to be accelerating, with no clear resolution in sight. This essay takes stock of the current situation, and suggests a path forward. It recounts the economic stress the territory has experienced in recent years, and delineates the complex capital structure that has resulted. The essay also argues that the problems that the island faces are as much about control as they are about trimming the current debt stock. The impending lack of liquidity has put Puerto Rico on the brink. It needs Congress to both provide fresh funds while at the same ...


From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett 2016 University of Southern California

From Patent Thickets To Patent Networks: The Legal Infrastructure Of The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly and popular commentary often assert that markets characterized by intensive patent issuance and enforcement suffer from “patent thickets” that suppress innovation. This assertion is difficult to reconcile with continuous robust levels of R&D investment, coupled with declining prices, in technology markets that have operated under intensive patent issuance and enforcement for several decades. Using network visualization software, I show that information and communication technology markets rely on patent pools and other cross-licensing structures to mitigate or avoid patent thickets and associated inefficiencies. Based on the composition, structure, terms and pricing of selected leading patent pools in the ICT ...


Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman 2016 USC Law School

Walden V. Fiore And The Federal Courts: Rethinking Frcp 4(K)(1)(A) And Stafford V. Briggs, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

If it were not so common, the reasoning in Walden v. Fiore would seem bizarre: the jurisdiction of a federal court over a federal claim against a federal agent depends on how much power the constitution allows the state of Nevada. This strange result is, of course, the result of FRCP 4(k)(1)(A), which, in most cases, makes the jurisdiction of a federal district court co-extensive with the jurisdiction of a state court of general jurisdiction in the same district. Less obviously, the outcome in Walden v. Fiore reflects Stafford v. Briggs, which, contrary to the plain language ...


Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2016 USC Law School

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


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