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Full-Text Articles in Law

Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker Jan 2016

Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

As is well known among financial economists but not previously recognized within the antitrust community, large and diversified institutional investors such as BlackRock, Fidelity, State Street, and Vanguard collectively own roughly two-thirds of the shares of publicly traded U.S. firms overall, up from about one-third in 1980. Recent economic research involving airlines and banking raises the possibility that overlapping ownership of horizontal rivals by diversified financial institutions facilitates anticompetitive conduct throughout the economy, and that the problem has been growing for decades, unnoticed until now. This response to an article by Professor Einer Elhauge, explains why it may be more …


The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser Jan 2013

The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …


Reconstructing The World Trade Center: An Argument For The Applicability Of Personhood Theory To Commercial Property Ownership And Use, Mary Clark Jan 2005

Reconstructing The World Trade Center: An Argument For The Applicability Of Personhood Theory To Commercial Property Ownership And Use, Mary Clark

Articles in Law Reviews & Other Academic Journals

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