Past Prescient,
2021
University of Colorado Law School
Past Prescient, Christopher Tomlins
University of Colorado Law Review
No abstract provided.
Stock Buyback Ability To Enhance Ceo Compensation: Theory, Evidence, And Policy Implications,
2021
Peking University School of Transnational Law
Stock Buyback Ability To Enhance Ceo Compensation: Theory, Evidence, And Policy Implications, Nitzan Shilon
Lewis & Clark Law Review
I report that stock buyback ability to enhance CEO compensation has reached a record high amount corresponding to one-third of total pay. Also, I refute the common wisdom that this ability is attributed mainly to buyback impact on per share criteria that determine annual bonuses. Instead, I show that because of recent reforms in executive compensation design, the ability of buybacks to boost the amount of CEO stock-based compensation has become ten times higher than their potential to increase annual bonuses. I argue, first, that the potential of stock buybacks to enhance their compensation provides CEOs with incentives to conduct …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions,
2021
Touro Law Center
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
Scholarly Works
Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Seeking Economic Justice In The Face Of Enduring Racism,
2021
Touro Law Center
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Financial Inclusion, Access To Credit, And Sustainable Finance,
2021
Touro Law Center
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Scholarly Works
No abstract provided.
Consumer Perceptions Of The Right To Repair,
2021
Case Western Reserve University
Consumer Perceptions Of The Right To Repair, Aaron Perzanowski
Indiana Law Journal
Part I of this Article details the strategies upon which device makers rely to frustrate repair. Part II considers legislative interventions intended to push back on existing barriers to repair, with a particular focus on the set of bills introduced in state legislatures across the United States. Part III describes the results of a survey of more than 800 U.S. consumers, focusing on their expectations of and experiences with the repair of electronic devices. The legal and policy implications of those results are discussed in Part IV.
How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?,
2021
University of New Hampshire
How Can An Economic Analysis Affect The Understanding Of A Court’S Decision?, Yanni N. Kakouris
Honors Theses and Capstones
No abstract provided.
Why Illinois Should Reevaluate Its Video Tolling (V-Toll) Subsidy,
2021
University of Missouri - Kansas City, School of Law
Why Illinois Should Reevaluate Its Video Tolling (V-Toll) Subsidy, Randall K. Johnson
Faculty Works
Tolls are levies with a limited base. This base is made up of drivers that pay user fees, in cash or via electronic transponder, in exchange for access to state-administered roads. In Illinois, every single toll is a function of three factors: vehicle characteristics, tollway entry point, and how far a driver goes on state-administered roads.
It is commonly assumed that any toll violation, i.e., any failure to pay, results in a traffic ticket, administrative fees and state-imposed sanctions. Such an assumption, however, is only partly true due to overly forgiving Illinois state policies. Examples include the Traffic Ticket Exemption, …
Multinational Activity In The Modern World,
2021
Michigan School of Law
Multinational Activity In The Modern World, James R. Hines Jr., Fritz C. Foley, Raymond J. Malatoni Jr., David Wessel
Book Chapters
Multinational corporations are the global goliaths of modern times. These entities collectively are responsible for large portions of world production, employment, investment, international trade, research, and innovation. Although their economic impact is most pronounced in high-income countries, where their activities have been concentrated historically, their reach increasingly extends to every corner of the world. Decisions made by these firms affect not only those who work for them, buy from them, do business with them, and compete with them, but also communities and countries in which they are located. As a result, their operations and activities are subjects of considerable interest …
Equality And Access To Credit: A Social Contract Framework,
2021
Touro Law Center
Equality And Access To Credit: A Social Contract Framework, John Linarelli
Scholarly Works
The problems governments face in regulating consumer finance fall into two categories: normative and cognitive. The normative problems have to do with the way that some governments, particularly those adhering to an American model of household finance, have financed social mobility and intergenerational welfare through debt, a tenuous and socially risky policy choice. Credit has a substantial social aspect to it in the United States, where the federal government has in some way engaged in subsidizing about 1/3 of consumer credit, particularly in the residential mortgage market, feeding into a substantial capital markets dimension through government-guaranteed securitization. Most Americans think …
A Tale Of Two Formalisms: How Law And Economics Mirrors Originalism And Textualism,
2021
University of Florida Levin College of Law
A Tale Of Two Formalisms: How Law And Economics Mirrors Originalism And Textualism, Neil H. Buchanan, Michael C. Dorf
UF Law Faculty Publications
Two leading schools of thought among U.S. conservative legal elites — Law and Economics (L&E) and Originalism and Textualism (O&T) — both purport to use their formalist structures to guide analysis in ways that are objective, substantially determinate, and apolitical. Because they rest on very different theoretical underpinnings, L&E and O&T should only randomly reach similar policy or legal conclusions. After all, L&E implements neoclassical economics, a theory of utility maximization, whereas O&T is a theory of semantics. Yet as practiced, L&E and O&T rarely result in conflict. What explains the missing intra-conservative clash? Despite their respective pretenses to objectivity, …
Intersectional Feminism, Racial Capitalism, And The Covid-19 Pandemic,
2021
Osgoode Hall Law School of York University
Intersectional Feminism, Racial Capitalism, And The Covid-19 Pandemic, Fay Faraday
Articles & Book Chapters
A common narrative during the COVID-19 pandemic correctly observed that lockdowns which stripped public interactions to the bare minimum exposed the economic and social fault lines of Canadian society. Since March 2020, women— particularly racialized women in jobs with low pay—have disproportionately borne the brunt of the pandemic’s negative economic impacts. The fact that racialized women face systemic economic inequality and marginalization in Canada is not new. It is the structural foundation of an economy and sex-segregated labour market rooted in racial capitalism. The pandemic merely made the disparities impossible to ignore. At the same time, a reckoning with the …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
The Economic Case For Rewards Over Imprisonment,
2021
Maurer School of Law: Indiana University
The Economic Case For Rewards Over Imprisonment, Brian D. Galle
Indiana Law Journal
There seems to be a growing social consensus that the United States imprisons far too many people for far too long. But reform efforts have slowed in the face of a challenging question: How can we reduce reliance on prisons while still discouraging crime, particularly violent crime? Through the 1970s, social scientists believed the answer was an array of what I will call preventive benefits: drug and mental health treatment, housing, and even unconditional cash payments. But early evaluations of these programs failed to find much evidence that they were successful, confirming a then-developing economic theory that predicted the programs …
Crisis And Cultural Evolution: Steering The Next Normal From Self-Interest To Concern And Fairness,
2021
California Western School of Law
Crisis And Cultural Evolution: Steering The Next Normal From Self-Interest To Concern And Fairness, Robert A. Bohrer
Faculty Scholarship
This essay examines the current time of crisis and offers a vision of the way in which our society and our law can evolve in response. Crises of this scale are evolution-forcing events and I argue that the current moment can move us towards a fundamentally different vision of law and justice. It is the first essay or article to show that the autonomous pursuit of self-interest was a common assumption or value in the major intellectual forces of the twentieth century: classical free market economics, behavioral economics, and sociobiology, as well as in the competing visions of a just …
The Beginning Of History For Corporate Law: Corporate Government, Social Purpose And The Case Of Sutton’S Hospital (1612),
2021
Seattle University School of Law
The Beginning Of History For Corporate Law: Corporate Government, Social Purpose And The Case Of Sutton’S Hospital (1612), David Smith
Seattle University Law Review
This Symposium Article is an invitation to rethink the Anglo-American history of corporate law from different perspectives. This Article uses new sources to investigate Sutton’s Hospital and corporate development in England during the sixteenth and seventeenth centuries. By doing so, the analysis reveals overlooked connections between the history of corporate law, religious thought, and social purpose. In turn, the recognition of these connections challenges the received history of pre-modern corporate law. Although this history shapes contemporary Anglo-American debates over corporate personality and purpose, few have scrutinized its underlying assumptions.
More Than Magic Wands: Analyzing Whether Enablement Analysis Of Patent Claims Created Using Artificial Intelligence Should Be Subjected To The In Re Wands Multi-Factor Analysis,
2021
Marquette University Law School
More Than Magic Wands: Analyzing Whether Enablement Analysis Of Patent Claims Created Using Artificial Intelligence Should Be Subjected To The In Re Wands Multi-Factor Analysis, James Lenahan
Marquette Intellectual Property & Innovation Law Review
None
Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform,
2021
Emory University School of Law
Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis
Faculty Articles
This Article offers a new theoretical approach to understanding resistance to legal change in the corporate and commercial context by introducing the sociological concept of "community economic identity" (CEI) into legal scholarship. I argue that community leaders (typically, but not exclusively, from the political, legal, and business spheres) generate public and recognizable identities-e.g., "Coal Country" or "Motor City"-with respect to some commercial activities. These identities influence how law reform is conceived and deployed within jurisdictional boundaries (i.e., country, state, town, region, etc.). CEI complicates the prevailing public choice narrative regarding the influence of special interests in the law reform process. …
Regulatory Competition And State Capacity,
2021
Emory University School of Law
Regulatory Competition And State Capacity, Martin W. Sybblis
Faculty Articles
This Article explores an underlying tension in the regulatory competition literature regarding why some jurisdictions are more attractive to firms than others. It pays special attention to offshore financial centers (OFCs). OFCs court the business of nonresidents, offer business friendly regulatory environments, and provide for minimal, if any, taxation on their customers. On the one extreme, OFCs are theorized as merely products of legislative capture— thereby lacking any meaningful agency of their own. On the other hand, OFCs are conceptualized as well-governed jurisdictions that attract investment because of the high quality of their laws and legal institutions—indicating some ability to …
A Lesson In Moral Hazard: Why We Should Thank Bernie Madoff,
2021
Touro University Jacob D. Fuchsberg Law Center
A Lesson In Moral Hazard: Why We Should Thank Bernie Madoff, Walter E. Block, Corey Jones
Touro Law Review
Bernie Madoff is akin to the canary that miners bring to their jobs for safety. He resembles the Distant Early Warning System that was installed to protect the U.S. from attack. He has not been appreciated as such. It is time, it is past time, that he be "credited" with this important role he has played.
