Topic

Law and Economics

Posts

  • Online2024

    Contingent Fees and Access to Justice

    In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…

  • ArticleVol. 102 · Iss. 1

    Criminal Recordkeeping

    Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…

  • ArticleVol. 101 · Iss. 4

    Do the Securities Laws Actually Protect Investors (And How)? Lessons from SPACs

    Some have criticized mandatory securities regulation based on the claim that market competition alone adequately constrains exploitation of public investors in securities offerings. Other…

  • ArticleVol. 101 · Iss. 2

    The Common Ownership Tax Strategy

    The recent mass shift by American retail investors into index funds has given rise to a modern form of common ownership. Significant stakes in…

  • ArticleVol. 101 · Iss. 1

    Rethinking Preliminary Remedies

    It is universally assumed that courts, when picking a preliminary remedy, should consider more than the legal merits. They also should consider factors like…

  • ArticleVol. 100 · Iss. 6

    Wireless Investors & Apathy Obsolescence

    Abstract This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on…

  • ArticleVol. 100 · Iss. 5

    Of Sinners & Scapegoats: The Economics Of Collective Punishment

    Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten…

  • ArticleVol. 100 · Iss. 4

    The Macroeconomics Of Intellectual Property

    Abstract Intellectual property is understood to have an economic rationale: supplying incentives for innovation and for the creation and dissemination of knowledge and information.…

  • ArticleVol. 100 · Iss. 3

    The Undemocratic Class Action

    Abstract Class actions can have profound effects. But theorists, policymakers, and judges have long worried that attorneys can use them for their own advantage,…

  • ArticleVol. 100 · Iss. 2

    Citizen Corp.–Corporate Activism and Democracy

    Abstract Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this…

  • ArticleVol. 100 · Iss. 2

    Stewardship Theater

    Abstract Large asset managers like BlackRock and Vanguard have amassed staggering equity holdings. The voting rights that accompany these holdings give them enormous power…

  • ArticleVol. 100 · Iss. 1

    Dynamic Pricing Algorithms, Consumer Harm, and Regulatory Response

    Abstract Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a…