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Banking and Finance Law

Faculty Articles

Community economic identity

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Full-Text Articles in Law

Offshore Entanglements, Martin W. Sybblis Jan 2023

Offshore Entanglements, Martin W. Sybblis

Faculty Articles

For decades, scholars have struggled to determine how to deploy laws and legal institutions to spur economic prosperity. But, without knowing which legal rules and institutions to prioritize for a particular social context, the outcomes have been generally unsatisfactory. The case of offshore financial centers provides fresh and compelling new insights into this puzzle. This Article uses the sociological concept of community economic identity (“CEI”) to understand why some offshore financial centers prioritize investments in legal institutions that bolster their offshore finance enterprises while others do not. CEI refers to a community’s shared identity that is linked to a specific …


Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis Jan 2021

Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis

Faculty Articles

This Article offers a new theoretical approach to understanding resistance to legal change in the corporate and commercial context by introducing the sociological concept of "community economic identity" (CEI) into legal scholarship. I argue that community leaders (typically, but not exclusively, from the political, legal, and business spheres) generate public and recognizable identities-e.g., "Coal Country" or "Motor City"-with respect to some commercial activities. These identities influence how law reform is conceived and deployed within jurisdictional boundaries (i.e., country, state, town, region, etc.). CEI complicates the prevailing public choice narrative regarding the influence of special interests in the law reform process. …