Topic
Law and Economics
Posts
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ArticleVol. 99 · Iss. 3
Antitrust Harm and Causation
Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from…
Herbert Hovenkamp -
ArticleVol. 99 · Iss. 3
Insuring the ‘Uninsurable’: Catastrophe Bonds, Pandemics, and Risk Securitization
ABSTRACT In principle, governments could protect against the potential economic devastation of future pandemics by requiring businesses to insure against pandemic-related risks. In practice,…
Steven L. Schwarcz -
ArticleVol. 99 · Iss. 1
Churn
ABSTRACT From biopharmaceuticals to information technology, patents play a powerful role in the birth, death, and renewal of innovative industries. While patent scholarship has…
Peter Lee -
ArticleVol. 99 · Iss. 1
Corporate Purpose and Corporate Competition
ABSTRACT The large American corporation faces ever-rising pressure to pursue a purpose beyond shareholder profit. This rising pressure interacts with sharp changes in industrial…
Mark J. Roe -
ArticleVol. 87 · Iss. 6
A Fixer-Upper for Finance
Three facts bear notice in connection with our current financial troubles. The first is that the First World War, before the Second began, was…
Robert Hockett -
ArticleVol. 87 · Iss. 3
Financing the Next Silicon Valley
Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply…
Darian M. Ibrahim -
ArticleVol. 87 · Iss. 2
Regulating Complexity in Financial Markets
As the financial crisis has tragically illustrated, the complexities of modern financial markets and investment securities can trigger systemic market failures. Addressing these complexities,…
Steven L. Schwarcz -
ArticleVol. 88 · Iss. 5
A Realist Defense of the Alien Tort Statute
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits…
Robert Knowles -
ArticleVol. 88 · Iss. 4
Cooperation’s Cost
This Article explores the costs and benefits of criminal cooperation, the widespread practice by which prosecutors offer criminal defendants the opportunity to receive reduced…
Miriam Hechler Baer -
ArticleVol. 88 · Iss. 4
Rationalizing Costs in Investment Treaty Arbitration
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors…
Susan D. Franck -
NoteVol. 87 · Iss. 1
Veterans at the Gates: Exploring the New GI Bill and Its Transformative Possibilities
The Post-9/11 Veterans Educational Assistance Act of 2008 (“Act”)—popularly referred to as the “GI Bill for the 21st century”—restores veterans’ educational benefits to the…
Joseph B. Keillor -
ArticleVol. 87 · Iss. 1
Trust & Transparency: Promoting Efficient Corporate Disclosure Through Fiduciary-Based Discourse
Could embracing the philosophy of “encapsulated trust” as the basis for a fiduciary duty of disclosure improve the integrity and effectiveness of corporate communications?…
Michael R. Siebecker