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Corporate & Securities Law

Business Law Prof Blog

Business law resources, information, and news for the academic community

Post Frequency: 11.8/day

Last Entry: April 01, 2011 at 11:04:42

Gordon on Global Financial Law

Posted on March 19, 2010
Richard K. Gordon has posted On the Use and Abuse of Standard for Law: Global Governance and Offshore Financial Centers on SSRN with the following abstract:Current trends in international legal scholarship have shifted from a paradigm of state actors working...

Ben-Shahar and Posner on Contract Law

Posted on March 19, 2010
Omri Ben-Shahar and Eric A. Posner have posted The Right to Withdraw in Contract Law on SSRN with the following abstract: European law gives consumers the right to withdraw from a range of contracts for goods and services; American law,...

Another scandal. Your choices are: (1) "Nothing to see here, folks. Move along." (2) "I love that few-bad-actors Kool Aid." (3) "Houston, we have a problem."

Posted on March 18, 2010
Apparently, Lehman cooked the books before its fall. Sigh. It seems like the paint will never get a chance to dry on my "Corporate Scandal Timeline" masterpiece. But should I really be surprised? Let's try the following thought experiment: Mid-level....

Business Law Lecture: The United States and the Future Development of Global Competition and Consumer Protection Policy

Posted on March 18, 2010
Case Western Reserve School of Law is presenting the above today from 4:30 to 5:30. The lecturer is Prof. William E. Kovacic. The web page (where you can find additional information as well as a link to view the webcast)...

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Cimino on Contract Law

Posted on March 17, 2010
Chapin Cimino has posted Virtue and Contract Law on SSRN with the following abstract: For years, legal theory scholars have been obsessed with two dominant normative accounts: law and economics and individual rights. Recently, however, an old normative theory has...

Needed: A Study to Determine if Studies Are Effective

Posted on March 17, 2010
The financial reform bills under consideration in both the House and Senate include several studies to determine the likely effectiveness of a variety of proposals. In fact, the New York Times reports, the House bill, includes ?a call for a...

Curtain Call for Groucho...

Posted on March 16, 2010
As Josh Fershee noted yesterday, Senator Corker has expressed doubt that his Republican colleagues will have time to digest Senator Dodd's reform Bill (which, at 1200+ pages, would, by all accounts, teeter the most grand of coffee tables). Since we...

The informal, unscientific results ...

Posted on March 16, 2010
...from the poll of my Securities Regulation class are in: Among the 12 or so broad topics covered by Senator Dodd's regulatory reform Bill, the proposals with the most support concerned regulating OTC derivatives, making credit rating agencies accountable, and...

"Mission Accomplished" - Part Two

Posted on March 15, 2010
Last Friday, The Wall Street Journal exulted in the apparent "reprieve from regulatory reform." The full page editorial rejoiced in the specter of no new regulatory laws in 2010 "("That strikes us as good news"), declared Sarbanes-Oxley to be "destructive...

Remarkably Capable Robots to Take Over Senate?

Posted on March 15, 2010
The New York Times reports that Sen. Chris Dodd, chair of the Senate Banking Committee, is ready to introduce a major financial reform bill designed to address concerns raised by the recent financial meltdown. The bill is expected to be...

Forget Shaming

Posted on March 13, 2010
The WSJ Law Blog has a post suggesting shaming may take on an increasing role in the sentencing of corporate offenders. Personally, I have been unimpressed by the idea of shaming as an effective form of deterrence or punishment ever...

Law Office Space

Posted on March 12, 2010
This blog is about business law, which I am taking to include the business of law (at least for this post). A recent ABA Journal article reports that, according to a consultant, midsize law firms are at "serious risk" because...

See if you can guess why I think these two items are related.

Posted on March 11, 2010
Item 1: "How to Get Attorneys to Read Something: E-Mail Them Telling Them Not to" Item 2: "Securities and Banking Industries Urge Senate to Retain Fed Regulatory Powers" SJP

BLPB "Promotion"

Posted on March 11, 2010
Josh Fershee has kindly accepted our offer to join us as one of our co-editors. The list of Blog Editors should be amended shortly. Onwards and upwards! SJP

Comments will be moderated...now that I know where to find them.

Posted on March 11, 2010
Dear Readers, It turns out a number of you have been commenting on our posts. I was completely unaware of this till yesterday. (The secret is out, I actually don't read every word of every email / attachment / instruction...

Heminway on the Financial Crisis

Posted on March 10, 2010
Joan MacLeod Heminway has posted The Best of Times, the Worst of Times: Securities Regulation Scholarship and Teaching in the Global Financial Crisis on SSRN with the following abstract: This short piece is an annotated version of remarks that I...

Going Canadian

Posted on March 10, 2010
While Lions Gate is considering a move from Canada, a North Dakota pasta company is considering a merger with a Canadian suitor. Dakota Growers Pasta Co. is the third largest pasta company in the United States and has about 1000...

The Volcker Rule

Posted on March 09, 2010
The very name suggests a return to more stable economic times. The text condemns a practice that, for better or worse, has added liquidity to many domestic markets. To ban "proprietary trading" (transactions for a company's own trading book) among...

Reuveni on Securities Regulation

Posted on March 08, 2010
Erez Reuveni has updated his draft of Extraterritoriality as Standing: A Standing Theory of the Extraterritorial Application of the Securities Laws on SSRN. The draft includes the following abstract: This Article contends that the current treatment of the extraterritorial scope...

"Fall of the Economy" Symposium at SJU

Posted on March 08, 2010
This past Friday, I was fortunate enough to take part in a full-day discussion of the government's responses to the continuing economic crisis. Hosted by The Journal of Civil Rights and Economic Development of the St. John's University School of...

Do Limits on Ownership Rights Eliminate Ownership?

Posted on March 08, 2010
Last week, I wrote, ?A shareholder move seeking a greater voice in corporate governance seems proper to me because it is about the exercise of ownership rights.? Professor Bainbridge disagreed (although he did concede that shareholders? residual claim on the...

It's Official: We Exist (Bainbridge Just Linked to Us)

Posted on March 06, 2010
Prof. Bainbridge (responding to our own Josh Fershee) asserts shareholders don't own the corporation. While the post itself is relatively short, it provides links to a couple of his other posts that delve into the issue more deeply and are...

Erickson on Corporate Governance

Posted on March 05, 2010
Jessica Erickson has posted Corporate Governance in the Courtroom: An Empirical Analysis on SSRN with the following abstract:Conventional wisdom is that shareholder derivative suits are dead. Yet this death knell is decidedly premature. The current conception of shareholder derivative suits...

Escape from Icahn: The Road to Delaware

Posted on March 05, 2010
BusinessWeek recently reported that Lions Gate Entertainment Corp. is seriously considering relocating to the United States in the face of Carl Icahn?s attempts to increase his stake in the company. Icahn is a well-known ?shareholder activist? and apparently strikes such...

Symposium Announcement - The Globalization of Securities Regulation: Competition or Coordination?

Posted on March 04, 2010
On March 5, 2010, the Corporate Law Center at the University of Cincinnati School of Law will host a symposium entitled: The Globalization of Securities Regulation: Competition or Coordination? The web page describes the event as follows: After the enactment...

What's "worse than a yuppie upset with how their frappuccino turned out"?

Posted on March 04, 2010
Apparently, "a yuppie with a gun who's unhappy with how their frappuccino turned out." At least according to one barista who is quoted in this Wall Street Journal story about businesses confronting gun-toting customers. SJP

Oh on Veil Piercing

Posted on March 03, 2010
Peter B. Oh has posted Veil-Piercing on SSRN with the following abstract: From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder?s...

Complexity Does Not Necessarily Mean Evil

Posted on March 03, 2010
According to Reuters (via the New York Times), the SEC is building up its New York City office this year, planning to expand by about eight percent with the goal of ?catching cheaters? and aggressively going after Wall Street ?bad...

The Latest SEC Proposal on Short Selling

Posted on March 02, 2010
The short selling saga continues. In 2005, the Commission's Regulation SHO eschewed strong medicine in favor of record keeping and operational changes; meanwhile, reformers called for (at least) the end of "naked" short selling. Right before the financial crisis, the...

Dear International Olympic Committee,

Posted on March 02, 2010
Wow! What fun were the games of Vancouver. Despite the fog, incessant medal counts, and a potpourri of sports seemingly created on a slow day at a railyard in MInsk, the spirit of sacrificial effort and noble competition somehow trudged...

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