Law Commons^™

The Changing Landscape Of The Capital Markets, Barbara Krumsiek

Ira M. Millstein Center for Global Markets and Corporate Ownership

Much has been made of the rise of activist hedge funds over the past five years. But the shifts in the makeup of the investor community run much deeper than that, impacting both capital formation and capital deployment.

From the proliferation of hedge funds and the emergence of SRI and other new investment strategies, to the massive shift of funds to passive investors, the intermediation of the investment chain, and the concentration of ownership in the largest institutional investors, understanding the trend lines in the capital markets is integral to understanding where governance and the performance of public corporations goes …

Environmental And Social Sustainability In The Boardroom, Jon Lukomnik

Ira M. Millstein Center for Global Markets and Corporate Ownership

The last 10 years has seen a remarkable shift in the attention and importance of social and environmental issues for public corporations. This has meant an increased focus by boards on these important matters.

Climate change, human rights, corporate political influence, and inequality are just some of the issues that are being raised by shareholders and other stakeholders. As calls for corporate transparency grow, how boards incorporate these issues into their decision making processes, disclose them, and address them from a risk perspective will continue to garner attention.

Corporate Governance As Privately-Ordered Public Policy: A Proposal, Lynn Stout, Sergio Alberto Gramitto Ricci

Hofstra Law Faculty Scholarship

In this Article, we show how our society can use corporate governance shifts to address, if not entirely resolve, a number of currently pressing social and economic problems. These problems include: rising income inequality; demographic disparities in wealth and equity ownership; increasing poverty and income insecurity; a need for greater innovation and investment in solving problems like disease and climate change; the "externalization" of many costs of corporate activity onto third parties such as customers, employees, creditors, and the broader society; the corrosive influence of corporate money in politics; and discontent and loss of trust in the capitalist system among …

Publisher

FIU Law Review

No abstract provided.

Bad Rules Won’T Clean Dirty Pools: The Problem Behind Section 523(A)(16) Policy And The Unnecessary Burden It Places On Debtor Hoa Members, Austin D. Murray

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Editorial Board

FIU Law Review

No abstract provided.

Introduction, Kalyani Robbins

FIU Law Review

No abstract provided.

Protecting The Environment In An Era Of Federal Retreat: The View From New York City, Rebecca Bratspies

FIU Law Review

No abstract provided.

Come Hell And High Water: Climate Change Policy In The Age Of Trump, Brigham Daniels

FIU Law Review

No abstract provided.

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

FIU Law Review

No abstract provided.

Climate Tort Federalism, Tracy Hester

FIU Law Review

No abstract provided.

The Grid And The Grouse: Cooperative Federal-State Conservation Planning In The Ages Of Obama And Trump, Bret Birdsong

FIU Law Review

No abstract provided.

A Bastard By Any Other Name: A Requiem For The End Of Disproportionate Treatment Toward Out Of Wedlock Children In Florida’S Probate System, Gregg Strock

FIU Law Review

No abstract provided.

Table Of Contents

FIU Law Review

No abstract provided.

Publisher

FIU Law Review

No abstract provided.

Introduction, Tawia B. Ansah

FIU Law Review

No abstract provided.

Legal Education And Its Innovations, Daniel B. Rodriguez

FIU Law Review

No abstract provided.

Reflections Of The Future Of Legal Education, Erwin Chemerinsky

FIU Law Review

No abstract provided.

The Role Of Skills Instruction In Legal Education, Eduardo M. Peñalver

FIU Law Review

No abstract provided.

Florida's Certificate Of Need: A Prescription For Government-Private Collusion And Antitrust Violation, Dane Stuhlsatz

FIU Law Review

No abstract provided.

Curing The Cost Disease: Legal Education, Legal Services, And The Role Of Income-Contingent Loans, John R. Brooks

Georgetown Law Faculty Publications and Other Works

The costs of both legal education and legal services have been rising steadily for decades. This is because they share a common root: the constant above-inflation growth in the cost of labor-intensive goods and services known as the “cost disease.” The cost disease story roots cost growth not in market failure or bureaucratic waste, but in natural, even healthy, economic forces—productivity and wage growth. Because the source of this cost growth is productivity growth, the nature of the cost disease is such that an economy as a whole can afford these rising costs. But in a world of deep income …

Reaching For Mediocrity: Competition And Stagnation In Pharmaceutical Innovation, Son Le, Neel U. Sukhatme

Georgetown Law Faculty Publications and Other Works

Patents might incentivize invention but they do not guarantee firms will invest in projects that maximize social utility. We model how risk-neutral firms’ ability to obtain substantial private returns on marginal new technologies causes them to “reach for mediocrity” by investing in socially-suboptimal projects, even in the presence of competition and new entrants. Focusing primarily on pharmaceutical innovation, we analyze various policy interventions to solve this underinvestment problem. In particular, we describe a new approach to patents – a value based patent system, which ties patent protection to the underlying invention’s social value – and show how it incentivizes socially-optimal …

Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

The virtues and effects of federalism continue to generate political, judicial and scholarly ferment. While some federalism partisans champion exclusivity and separation, others praise the more common political choice to retain federal and state regulatory overlap and interaction. Much of this work, however, focuses on government learning or rule clarity, giving little or no attention to how different federalism choices can heighten or hedge risks of regulatory failure and policy reversal. These debates play out with unusual fervor and with high stakes in battles over climate change regulation. Despite broad agreement that any effective climate policy intervention must include national …

A Tale Of Two Sovereigns: Federal And State Use And Regulation Of Unmanned Aircraft Systems, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Despite claims to the contrary, the federal government is severely limited in what it can do to regulate unmanned aircraft systems (UASs). States, on the other hand, as governments of general jurisdiction, have expansive powers that they are already using to grapple with the questions posed by UAS related to privacy, crime, and public safety. This chapter outlines the evolution of federal measures, noting their limitations, before delving into three categories of state law, related to law enforcement, criminal measures, and regulatory regimes. The chapter then turns to the history of state sovereignty, looking at states’ jurisdiction over persons and …

A Hiatus In Soft-Power Administrative Law: The Case Of Medicaid Eligibility Waivers, David A. Super

Georgetown Law Faculty Publications and Other Works

Administrative law is fundamentally a regime of soft power. Congress, the President, administrative agencies, civil servants, and the courts all operate within a broad consensus for rational, good-faith decisionmaking. Congress grants agencies discretion, and courts and civil servants defer to agencies’ political leadership based largely on the expectation that the latter are seeking to honor statutes’ purposes. That expectation of prudential restraint also allays concerns about delegations of legislative power. When the executive systematically disregards that expectation and seeks single-mindedly to maximize achievement of its policy objectives, deference’s justification breaks down.

Across agencies, the Trump administration has disregarded the assumptions …

Entire Issue Vol. 7 No. 6

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 7(6)

Maurice E. Stucke & Allen P. Grunes, Big Data And Competition Policy, Oxford University Press, 2016, Pp. 368 (Marcin Mleczko), Marcin Mleczko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

What The Police Don't Know May Hurt Us: An Argument For Enhanced Legal Training Of Police Officers, Yuri R. Linetsky

Articles

No abstract provided.

Beyond Physicians: The Effect Of Licensing And Liability Laws On The Supply Of Nurse Practitioners And Physician Assistants, Benjamin Mcmichael

Articles

The increased use of nurse practitioners (NPs) and physician assistants (PAs) represents an important option for increasing access to healthcare. I explore the effect of two types of laws on the supply of NPs and PAs: occupational licensing laws that limit the practices of NPs and PAs and caps on noneconomic damages. Relaxing licensing laws to allow NPs to practice with less physician oversight increases the supply of NPs in areas with few practicing physicians by 60 percent - though the size of this increases as the supply of physicians grows. I find similar, but weaker, evidence for granting PAs …