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Commercial Law

Vanderbilt University Law School

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Regulation

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Articles 1 - 3 of 3

Full-Text Articles in Law

Risk-Seeking Governance, Brian Broughman, Matthew T. Wansley Oct 2023

Risk-Seeking Governance, Brian Broughman, Matthew T. Wansley

Vanderbilt Law School Faculty Publications

Venture capitalists (“VCs”) are increasingly abandoning their traditional role as monitors of their portfolio companies. They are giving startup founders more equity and control and promising not to replace them with outside executives. At the same time, startups are taking unprecedented risks—defying regulators, scaling in unsustainable ways, and racking up billion-dollar losses. These trends raise doubts about the dominant model of VC behavior, which claims that VCs actively monitor startups to reduce the risk of moral hazard and adverse selection. We propose a new theory in which VCs use their role in corporate governance to persuade risk-averse founders to pursue …


Pricing Lives For Corporate And Governmental Risk Decisions, W. Kip Viscusi Jan 2015

Pricing Lives For Corporate And Governmental Risk Decisions, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The 2014 GM ignition-switch recall highlighted the inadequacies of the company's safety culture and the shortcomings of regulatory sanctions. The company's inattention to systematic thinking about product safety can be traced to the hostile treatment of corporate risk analyses by the courts. This Article proposes that companies should place a greater value on lives at risk than they have in previous risk analyses and that they should receive legal protections for product risk analyses. Companies' valuations of fatality risks and regulatory penalties have priced lives too low. The guidance provided by the value of a statistical life, which is currently …


Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum Jan 2005

Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum

Vanderbilt Law School Faculty Publications

The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. 2 Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there. Apart from this international market, legal and policy aspects of art and cultural property have a distinctly international flavor due to historical circumstance. Since many works over time have been removed from their source by way of …