Law Commons^™

The Fortunes & Foibles Of Exchange-Traded Funds, William A. Birdthistle

William Birdthistle

One of the most dynamic and complex new investment vehicles on the market today is the exchange-traded fund, a security that provides the diversification of a mutual fund but trades on an exchange like a stock. In just over a decade, the number of ETFs has proliferated to well over 500, attracting almost half a trillion dollars in investment. Most of that growth has occurred in just the past two years, and ETFs are projected to continue growing at a pace far faster than hedge funds and mutual funds in the coming years. Yet for all this extraordinary growth, legal …

The Road Not Considered, Robert Blecker

robert blecker

“The Road Not Considered” suggests a morally refined death penalty statute as an alternative to abolition or keeping New Jersey’s presently flawed legislation.

Class Actions And The Poor, Henry Rose

Henry Rose

“Class Actions and the Poor” (Abstract)

Attorneys funded by the national Legal Services Corporation (LSC) provide free legal representation to the poor in civil matters. In 1996, a federal law was enacted that prohibited LSC-funded attorneys from representing their clients in class actions.

This article examines the policy justifications for barring LSC-funded attorneys from being involved in class actions. These justifications included: directing the resources of LSC to the legal problems of individuals rather than the poor as a group; and preventing the use of federal dollars from supporting political or social change. The article demonstrates that these are not …

Aei Brookings Joint Center Working Paper, Vernon L. Smith, William J. Baumol, Robert E. Litan, Martin E. Cave, Peter Cramton, Robert W. Hahn, Thomas W. Hazlett, Paul L. Joskow, Alfred E. Kahn, John W. Mayo, Patrick A. Messerlin, Bruce M. Owen, Robert S. Pindyck, Scott Wallsten, Leonard Waverman, Lawrence J. White, Scott Savage

Richard E. Redding

Network neutrality is a policy proposal that would regulate how network providers manage and price the use of their networks. Congress has introduced several bills on network neutrality. Proposed legislation generally would mandate that Internet service providers exercise no control over the content that flows over their lines and would bar providers from charging more for preferentially faster access to the Internet. These proposals must be considered carefully in light of the underlying economics. Our basic concern is that most proposals aimed at implementing net neutrality are likely to do more harm than good.