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Articles 1 - 30 of 893
Full-Text Articles in Law
Comment Of Legal Scholars On Authority To Require Supervision And Regulation Of Certain Nonbank Financial Companies, Financial Stability Oversight Council Rin 4030-Aa00, Daniel Schwarcz, Patricia A. Mccoy, Jeremy Kress
Comment Of Legal Scholars On Authority To Require Supervision And Regulation Of Certain Nonbank Financial Companies, Financial Stability Oversight Council Rin 4030-Aa00, Daniel Schwarcz, Patricia A. Mccoy, Jeremy Kress
Patricia A. McCoy
Professor McCoy coauthored this comment on a proposal by the Financial Stability Oversight Council to overhaul systemic risk regulation for nonbank financial firms.
Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy
Comment Of Professor Patricia A. Mccoy On Docket No. Cfpb-2019-0039, Patricia A. Mccoy
Patricia A. McCoy
In this comment letter, Professor McCoy responds to the Advance Notice of Proposed Rulemaking on Qualified Mortgages issued by the Consumer Financial Protection Bureau.
The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield
The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield
Kent Greenfield
A review and analysis of David Webber's book The Rise of the Working Class Shareholder, with ideas on how to extend his points, and a challenge to one of his underlying assumptions with regard to the impact of Citizens United v Federal Election Commission.
Inside Job: The Assault On The Structure Of The Consumer Financial Protection Bureau, Patricia A. Mccoy
Inside Job: The Assault On The Structure Of The Consumer Financial Protection Bureau, Patricia A. Mccoy
Patricia A. McCoy
Soon after the 2016 election of Donald Trump as President of the United States, while Republicans controlled Congress, opponents of the fledgling Consumer Financial Protection Bureau (CFPB) opened a campaign against the Bureau. Their target was less the substance of federal consumer financial protection laws than the structure of the CFPB itself. This emphasis on structure was a response to the fact that Congress in 2010 had given special thought to the design of the CFPB to safeguard the Bureau and its mission.
In 2017, after legislation to weaken the Bureau’s structure failed in Congress and constitutional challenges to the …
Corporate Power And Campaign Finance, H. Kent Greenfield
Corporate Power And Campaign Finance, H. Kent Greenfield
Kent Greenfield
Chapter in a book about answers to the policy problems created by Citizens United, focusing on the possibility of using corporate governance to transform corporations into positive players in the public space.
From The Fuggers To Justice Ginsburg, Nathan B. Oman
From The Fuggers To Justice Ginsburg, Nathan B. Oman
Nathan B. Oman
No abstract provided.
The New Exit In Venture Capital, Darian M. Ibrahim
The New Exit In Venture Capital, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
The (Not So) Puzzling Behavior Of Angel Investors, Darian M. Ibrahim
The (Not So) Puzzling Behavior Of Angel Investors, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
Public Or Private Venture Capital?, Darian M. Ibrahim
Public Or Private Venture Capital?, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
Intrapreneurship, Darian M. Ibrahim
Intrapreneurship, Darian M. Ibrahim
Darian M. Ibrahim
This Article on “intrapreneurship” has several goals. First, it points out that while much of the legal literature on innovation is concerned with startups (entrepreneurship), the innovation that takes place inside our largest corporations (intrapreneurship) is substantial, important, and understudied. Second, the Article observes that while large technology corporations that used to be startups may remain intrapreneurial in culture, intrapreneurship is less common in the aggregate than we might expect. Reasons include organizational bureaucracy, laws favoring entrepreneurship, and what Clayton Christensen (Harvard Business School) calls “the innovator’s dilemma.” The innovator’s dilemma is, put simply, that good management causes large corporations …
Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim
Equity Crowdfunding: A Market For Lemons?, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
Crowdfunding Signals, Darian M. Ibrahim
Crowdfunding Signals, Darian M. Ibrahim
Darian M. Ibrahim
Entrepreneurs can now “crowdfund,” or sell securities to unaccredited investors over the Internet, to raise capital. But will these companies be able to attract the follow-on investors (angels and venture capitalists) that are necessary for long-term success? Angels and VCs face extreme levels of information asymmetry when deciding whether to fund a company. Signals can reduce this asymmetry. Early commentary argues a company only crowdfunds as a last resort for fear of sending a negative signal about the company’s quality to follow-on investors. This Article argues the inverse. This Article argues a successful crowdfunding campaign can send a positive signal …
Crowdfunding Without The Crowd, Darian M. Ibrahim
Crowdfunding Without The Crowd, Darian M. Ibrahim
Darian M. Ibrahim
The final crowdfunding rules took three years for the Securites and Exchange Commission to pass, but crowdfunding—the offering of securities over the Internet—is now a reality. But now that crowdfunding is legal, will it be successful? Will crowdfunding be a regular means by which new companies raise money, or will it be relegated to a wasteland of the worst startups and foolish investors? This Article argues that crowdfunding has a greater chance of success if regulators abandon the idea that the practice does (and should) employ “crowd-based wisdom.” Instead, I argue that crowdfunding needs intermediation by experts that mirrors the …
Crowdfunding Signals, Darian M. Ibrahim
Debt As Venture Capital, Darian M. Ibrahim
Debt As Venture Capital, Darian M. Ibrahim
Darian M. Ibrahim
Venture debt, or loans to rapid-growth start-ups, is a puzzle. How are start-ups with no track records, positive cash flows, tangible collateral, or personal guarantees from entrepreneurs able to attract billions of dollars in loans each year? And why do start-ups take on debt rather than rely exclusively on equity investments from angel investors and venture capitalists (VCs), as well-known capital structure theories from corporate finance would seem to predict in this context? Using hand-collected interview data and theoretical contributions from finance, economics, and law, this Article solves the puzzle of venture debt by revealing that a start-up’s VC backing …
Crowdfunding Without The Crowd, Darian M. Ibrahim
Crowdfunding Without The Crowd, Darian M. Ibrahim
Darian M. Ibrahim
No abstract provided.
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
The Uneasy Case For Deferring Banker Pay, Eric D. Chason
Eric D. Chason
No abstract provided.
Office Hours: What's The Deal With Bitcoin?, Jeffrey Bellin, Michaela Lieberman, Eric D. Chason
Office Hours: What's The Deal With Bitcoin?, Jeffrey Bellin, Michaela Lieberman, Eric D. Chason
Eric D. Chason
February 6, 2018: Today’s guest is William & Mary Law School Professor Eric Chason who discusses the legal implications of Bitcoin, while also telling us about his childhood, musical talents, and more.
Extending The Taxation-Of-Risk Model To Timing Options And Marked-To-Market Taxes, Eric D. Chason
Extending The Taxation-Of-Risk Model To Timing Options And Marked-To-Market Taxes, Eric D. Chason
Eric D. Chason
No abstract provided.
How Bitcoin Functions As Property Law, Eric D. Chason
How Bitcoin Functions As Property Law, Eric D. Chason
Eric D. Chason
Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these “Bitcoin deeds” may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds, however, and replicates important institutional aspects of real estate transactions, in particular recordation and title assurance. Deeds to real property are recorded in a central repository (e.g., the public records office), which the parties (and the public) can search to determine title. When one grantor executes more than one deed covering …
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces
Peter A. Alces
No abstract provided.
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Carrying A Good Joke Too Far, Peter A. Alces, Jason M. Hopkins
Peter A. Alces
No abstract provided.
Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces
Bank Liability For Fiduciary Fraud, Marion W. Benfield Jr., Peter A. Alces
Peter A. Alces
No abstract provided.
Securities Law Research Guide, Adeen Postar
Securities And Commerical Law Research, Adeen Postar
Securities And Commerical Law Research, Adeen Postar
Adeen Postar
No abstract provided.
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
Adeen Postar
Leonard Orland is the Oliver Ellsworth Professor of Law at the University of Connecticut. He has written a fine, if a bit unwieldy, book that traces the sad history of money and other assets deposited in supposedly sacrosanct Swiss banks by European Jews during the Nazi era to its long overdue resolution by the American justice system. The book provides background and perspective on how and why the $12.1 billion in pre-war dollars (about $250 trillion today) of financial assets of Holocaust victims disappeared into thin air in the years following World War II. These assets were given over to …
The 'Too Big To Fail' Problem, Saule T. Omarova
The 'Too Big To Fail' Problem, Saule T. Omarova
Saule T. Omarova
“Too big to fail” – or “TBTF” – is a popular metaphor for a core dysfunction of today’s financial system: the recurrent pattern of government bailouts of large, systemically important financial institutions. The financial crisis of 2008 made TBTF a household term, a powerful rhetorical device for expressing the widely shared discontent with the pernicious pattern of “privatizing gains and socializing losses” it came to represent in the public’s eye. Ten years after the crisis, TBTF continues to frame much of the public policy debate on financial regulation. Yet, the analytical content of this term remains remarkably unclear.
Taking a …
The New Global Financial Regulatory Order: Can Macroprudential Regulation Prevent Another Global Financial Disaster?, Behzad Gohari, Karen E. Woody
The New Global Financial Regulatory Order: Can Macroprudential Regulation Prevent Another Global Financial Disaster?, Behzad Gohari, Karen E. Woody
Karen Woody
This Article posits that the success of macroprudential regulation will depend on four factors. First, the economic philosophy of the central banker in charge of the domestic institution with jurisdiction over macroprudential regulation will prove crucial in the implementation of adopted regulation. If, like Chairman Greenspan, the banker is averse to the exercise of the Central Bank's regulatory oversight authority, then no amount or volume of policy or regulation will prevent or mitigate systemic risks and the accompanying shocks. Second, a sufficiently deep level of international cooperation is required to mitigate regulatory arbitrage, without being so broad that the ensuing …
Leidos And The Roberts Court's Improvident Securities Law Docket, Matthew C. Turk, Karen E. Woody
Leidos And The Roberts Court's Improvident Securities Law Docket, Matthew C. Turk, Karen E. Woody
Karen Woody
For its October 2017 term, the U.S. Supreme Court took up a noteworthy securities law case, Leidos, Inc. v. Indiana Public Retirement System. The legal question presented in Leidos was whether a failure to comply with a regulation issued by the Securities and Exchange Commission (SEC), Item 303 of Regulation S-K (Item 303), can be grounds for a securities fraud claim pursuant to Rule 10b-5 and the related Section 10(b) of the 1934 Securities Exchange Act. Leidos teed up a significant set of issues because Item 303 concerns one of the more controversial corporate disclosures mandated by the SEC—an …
Justice Kavanaugh, Lorenzo V. Sec, And The Post-Kennedy Supreme Court, Matthew C. Turk, Karen E. Woody
Justice Kavanaugh, Lorenzo V. Sec, And The Post-Kennedy Supreme Court, Matthew C. Turk, Karen E. Woody
Karen Woody
This Article analyzes a recent Supreme Court case, Lorenzo v. Securities and Exchange Commission, and explains why it provides a valuable window into the Court's future now that Justice Kennedy has retired and his seat filled by Justice Brett Kavanaugh. Lorenzo is an important case that raises fundamental interpretative questions about the reach of federal securities statutes. But most significant is its unique procedural posture: when the Supreme Court issues its decision on Lorenzo in 2019, Justice Kavanaugh will be recused while the other eight Justices rule on a lower court opinion from the D.C. Circuit in which he wrote …