Home -> Law Blog Directory -> Academic Blogs -> Conglomerate
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: ConglomerateTheoretical Implications of a Supreme Court Ruling in Jones v. Harris.
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
And now, to conclude, a few thoughts on the theoretical implications of a Supreme Court ruling in Jones v. Harris.
While this case is sure to become a seminal mutual fund case, it?s also likely to shed a great deal of light on the Court?s disposition towards classical versus behavioral economic theory, the broader question of excessive compensation, and the ability of courts to evaluate dueling econometric analyses of market competition.
The first -- and perhaps the broadest and most interesting -- ramification of Jones v. Harris is the prominence of Posner?s reevaluation of his earlier views on law and economics. As Brian Tamanaha has noted, the current financial situation appears to have prompted Posner, Gary Becker, and others (though perhaps not Easterbrook) to reconsider the efficacy of a law-and-economics orthodoxy. In its ruling, the Court may reveal to what extent it, too, will adopt a more behavioral strain of economic theory in this and other contexts.
Second, although claims of excessive executive compensation are the typical province of Delaware courts, this case presents an opportunity for the Supreme Court to expound upon the issue, since the fees to advisers here are similar to executive remuneration in typical operating companies. Indeed, Posner emphasized this point in his dissent, declaring that the panel?s economic analysis ?is ripe for reexamination on the basis of growing indications that executive compensation in large publicly traded firms often is excessive because of the feeble incentives of boards of directors to police compensation.?
Third, this case should demonstrate the comfort and skill with which the Supreme Court can evaluate dueling econometric analyses of market competitiveness, since the Coates & Hubbard paper and contradictory studies are central to the issues here. If even the Supreme Court has difficulty with these methodologies, lower courts may be seriously challenged.
Congress first revisited the Company Act in 1970, thirty years after its original enactment. Now that another forty years have passed, perhaps the current economic situation will prompt another set of legislative revisions, especially if the Court struggles with Jones v. Harris.
Full post as published by Conglomerate on March 12, 2009 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Katrina Victims See Justice, Ruling Paves the Way for Class Actions
Katrina Victims See Justice Ruling Paves the Way for Class Actions
Harris Stratex Networks, Inc
401(k) / ERISA Stock Fraud
Mel Harris and Associates Debt Collection
Face Class Action for Alleged "Sewer Service" Practices
Video Taping Arrest
Harris County pays wrongfully arrested brothers $1.7 million civil rights settlement.
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation

Charkaoui: Resisting Categorical Distinctions that Erode Individual Rights
Seventh Circuit Rules on Mutual Fund Advisory Fees in Jones v. Harris Associates
Ind. Decisions - "7th Circuit Ruling a Big Win for Mutual Fund Advisers"
Supreme Court to decide investment adviser fees case
Surpreme Court Accepts Cert in 36(B) Excessive Fee Case









