Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (4)
- Fiscal Crisis (3)
- Fiscal crisis (3)
- Law and economics (3)
- Bonds (2)
-
- Cross-national regulatory burden (2)
- Public pensions; Municipal bankruptcy; Detroit (2)
- State and Local Law (2)
- Takeover (2)
- Activist Hedge Funds (1)
- Antitrust (1)
- Antitrust law (1)
- Antitrust; Quality Collusion; Broadcast News (1)
- Artificial intelligence (1)
- Boldrin (1)
- Classic legal thought (1)
- Commons (1)
- Constituency directors; codetermination; venture capital; fiduciary duties; corporate theory; theory of the firm; board of directors; behavioral theory (1)
- Consumer Financial Protection Bureau; CFPB; administrative agency design; regulatory authority; rulemaking and enforcement jurisdiction (1)
- Content creation (1)
- Contract law (1)
- Copyrights (1)
- Corporate Law (1)
- Cost (1)
- Cost-benefit analysis (1)
- Data (1)
- Democracy (1)
- Dental; Health Law; Healthcare Reform (1)
- Detroit (1)
- Dickens (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 40
Full-Text Articles in Law
Output Effect Of Private Antitrust Enforcement, Sinchit Lai
Output Effect Of Private Antitrust Enforcement, Sinchit Lai
Fordham Journal of Corporate & Financial Law
A growing body of literature evaluates the impact of antitrust laws on economic growth. Most of these empirical studies identify a positive impact; however, the existing literature only studies the effect of the existence of antitrust laws, but not their enforcement. To fill this gap in the literature, this Article uses private antitrust case filing numbers to examine the growth effect. Employing U.S. data and, after addressing endogeneity, using a two-stage least squares (2SLS) regression analysis, I identify a negative and robust association between private enforcement and output on a national level in the short run over the period from …
Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein
Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein
Fordham Intellectual Property, Media and Entertainment Law Journal
Artificial intelligence, the technology that is currently shaping our world, relies on the data that each individual supplies. In 2017, the Economist magazine asserted that “the world’s most valuable resource is no longer oil, but data.” This assertion is supported by the current data market, which became a hundred-billion-dollar industry in the data broker market alone. However, despite its immense value, individuals are not compensated when their data is collected, shared, or when that data is used to replace them in the job market. Further, companies are legally avoiding taxes on this resource, both during its collection and on the …
Curb Your Enthusiasm: The Rise Of Hedge Fund Activist Shareholders And The Duty Of Loyalty, Soo Young Hong
Curb Your Enthusiasm: The Rise Of Hedge Fund Activist Shareholders And The Duty Of Loyalty, Soo Young Hong
Fordham Journal of Corporate & Financial Law
Shareholder activism has been a growing problem in the corporate world, creating numerous dilemmas for the board of directors of companies. Activist shareholders can unsettle a company, pressuring the directors to make decisions according to the course of business the activists would prefer, and thus interfering with the traditional role of directors as the decision-makers of a company. With this new development in the business world, legal scholars have been debating if this activism needs to be controlled and, if so, what measures can be taken to reach a balance. This Note examines the traditional corporate principles such as the …
Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan
Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Apples-To-Fish: Public And Private Prison Cost Comparisons, Alex Friedmann
Fordham Urban Law Journal
No abstract provided.
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins
Has All Heck Broken Loose? Examining Heck's Favorable-Termination Requirement In The Second Circuit After Poventud V. City Of New York, John P. Collins
Fordham Urban Law Journal
No abstract provided.
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Are Private Prisons To Blame For Mass Incarceration And Its Evils? Prison Conditions, Neoliberalism, And Public Choice, Hadar Aviram
Fordham Urban Law Journal
One of the frequently criticized aspects of American mass incarceration, privatized incarceration, is frequently considered worse, by definition, than public incarceration for both philosophical ethical reasons and because its for-profit structure creates a disincentive to invest in improving prison conditions. Relying on literature about the neoliberal state and on insights from public choice economics, this Article sets out to challenge the distinction between public and private incarceration, making two main arguments: piecemeal privatization of functions, utilities, and services within state prisons make them operate more like private facilities, and public actors respond to the cost/benefit pressures of the market just …
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse
Prison Privatization And Inmate Labor In The Global Economy: Reframing The Debate Over Private Prisons, Alfred C. Aman Jr., Carol J. Greenhouse
Fordham Urban Law Journal
No abstract provided.
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Judicial Constructions: Modernity, Economic Liberalization, And The Urban Poor In India, Priya S. Gupta
Fordham Urban Law Journal
Comparative legal research in property and urban planning law has taken an increasing interest in the policy patterns and legal arguments that municipal bodies and courts employ in the implementation of often radical urban reconfiguration. Aided by geographers, sociologists, and political economists, comparative property law scholars have begun to unearth the justificatory frameworks that underlie and shape these changes in metropolitan urban landscapes and that reveal an interplay between tangible and immediate modes of political constituencies’ interest navigation on the one hand, and deep-seated cultural-historical motivations as well as commitments to transnational strategic and political loyalties, on the other. These …
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
Fordham Urban Law Journal
No abstract provided.
Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung
Zombieland/The Detroit Bankruptcy: Why Debts Associated With Pensions, Benefits, And Municipal Securities Never Die. . . And How They Are Killing Cities Like Detroit, Christine Sgarlata Chung
Fordham Urban Law Journal
No abstract provided.
Resolving The Public Pension "Crisis", Jack M. Beermann
Resolving The Public Pension "Crisis", Jack M. Beermann
Fordham Urban Law Journal
No abstract provided.
Local Government Law’S “Law And___” Problem, David Schleicher
Local Government Law’S “Law And___” Problem, David Schleicher
Fordham Urban Law Journal
No abstract provided.
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
Fordham Urban Law Journal
No abstract provided.
Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda
Healthy Reform, Healthy Cities: Using Law And Policy To Reduce Obesity Rates In Underserved Communities, Christine Fry, Sara Zimmerman, Manel Kappagoda
Fordham Urban Law Journal
No abstract provided.
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Who’S Smiling Now?: Disparities In American Dental Health, Janet L. Dolgin
Fordham Urban Law Journal
No abstract provided.
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Quality Collusion: News, If It Ain’T Broke, Why Fix It?, Mark Mcmillan
Fordham Urban Law Journal
No abstract provided.
Citizens Versus Bondholders, Richard C. Schragger
Citizens Versus Bondholders, Richard C. Schragger
Fordham Urban Law Journal
No abstract provided.
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb
Fordham Urban Law Journal
No abstract provided.
Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi
Chronicle Of A Local Crisis Foretold—Lessons From Israel, Omer Kimhi
Fordham Urban Law Journal
No abstract provided.
Bondholders And Financially Stressed Municipalities, Clayton P. Gillette
Bondholders And Financially Stressed Municipalities, Clayton P. Gillette
Fordham Urban Law Journal
No abstract provided.
Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik
Will Grassroots Democracy Solve The Government Fiscal Crisis?, Julie M. Chesnik
Fordham Urban Law Journal
No abstract provided.
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Administrative Oversight Of State Medicaid Payment Policies:Giving Teeth To The Equal Access Provision, Julia Bienstock
Fordham Urban Law Journal
No abstract provided.
Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson
Democratic Dissolution: Radical Experimentation In State Takeovers Of Local Governments, Michelle Wilde-Anderson
Fordham Urban Law Journal
While state interventions to stabilize the finances of struggling municipalities date back to the Great Depression, the current fiscal crisis has brought a startling escalation in the powers granted to state intervention authorities. Aptly observed by Abby Goodnough in The New York Times, cities and states have tried “myriad ways of righting their fiscal ships as the recession plods on,” but until very recently, “locking the mayor out of City Hall [was] generally not one of them.” In 2010 and 2011, Michigan and Rhode Island, which have been watched closely by other states, dramatically reformed their laws governing state receiverships …
The Housing Crash And The End Of American Citizenship, Matt Stoller
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
Occupy Wall Street And International Human Rights, Martha F. Davis
Fordham Urban Law Journal
No abstract provided.
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer
Faculty Scholarship
In this article, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across jurisdictions, namely the tension between the uniformity of directors’ duties and the heterogeneity of directors themselves. American scholars tend to think of the board as a group of individuals elected by shareholders, even though it is widely acknowledged (and criticized) that the board is often a largely self-perpetuating body whose inside members dominate the selection of their future colleagues and eventual successors. However, this characterization is far from universally true internationally, and it tends to be increasingly less true even in the …
Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra Kavame Eroglu
Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra Kavame Eroglu
Faculty Scholarship
The introduction of International Financial Reporting Standards (“IFRS”) has been debated in the United States since at least the accounting scandals of the early 2000s. While publicly traded firms around the world are increasingly switching to IFRS, often because they are required to do so by law or by their stock exchange, the Securities Exchange Com-mission (“SEC”) seems to have become more reticent in recent years. Only foreign issuers have been permitted to use IFRS in the United States since 2007. By contrast, the EU has mandated the use of IFRS in the consolidated financial statements of publicly traded firms …
Billions Of Tax Dollars Spent Inflating The Housing Bubble: How And Why The Mortgage Interest Deduction Failed, Rebecca N. Morrow
Billions Of Tax Dollars Spent Inflating The Housing Bubble: How And Why The Mortgage Interest Deduction Failed, Rebecca N. Morrow
Fordham Journal of Corporate & Financial Law
The mortgage interest deduction is an incredibly popular, politically well-supported and hugely expensive tax incentive. Yet economic studies consistently show that the mortgage interest deduction fails to advance its fundamental purpose. It does not increase the rate of homeownership. On the contrary, to the extent that it is effective in influencing human behavior, it does so by inflating home prices and encouraging borrowing against equity. These effects – inflated home prices and excessive borrowing – contributed to the economic crisis of 2008. In the years leading up to the crisis, Americans spent billions of tax dollars further inflating a dangerously …