Topic

Law and Economics

Posts

  • 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…

  • 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?…

  • ArticleVol. 87 · Iss. 1

    Hidden Taxes

    The idea of hidden taxes is as old as John Stuart Mill, but convincing evidence of their existence is new. In this Article, I…

  • Online2021

    The Case for Banning Off-Label Use

    New uses for drugs that are already on the market could help treat hundreds of diseases and thousands of people; however, the current system…

  • ArticleVol. 94 · Iss. 2

    Activist Hedge Funds and the Corporation

    The long-term effects of hedge fund activism are controversial. Some empirical studies document that activism is associated with increased long-term firm value, suggesting that…

  • ArticleVol. 94 · Iss. 1

    Antitrust in Zero-Price Markets: Applications

    “Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…

  • ArticleVol. 95 · Iss. 2

    Innovation Snowballing and Climate Law

    Findings at the frontier of economics suggest startling implications of an under-appreciated fact about technological development: innovation builds on itself, developing path dependencies in…

  • ArticleVol. 96 · Iss. 5

    Second-Best Criminal Justice

    Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best”…

  • ArticleVol. 96 · Iss. 3

    Corporate Short-Termism and Intertemporal Choice

    This paper presents an intertemporal model of short-termism. Critics have portrayed short-termism in broad brushstrokes as the bane of corporate governance. But short-termism does…

  • ArticleVol. 96 · Iss. 2

    Noncompetes as Tax Evasion

    Al Capone famously boasted of his criminal empire: “Some call it bootlegging. Some call it racketeering. I call it a business.” Treasury Agent Frank…

  • ArticleVol. 96 · Iss. 1

    Balancing the Conspiracy’s Books: Inter-Competitor Sales and Price-Fixing Cartels

    Price fixing is antithetical to a free-market economy. Competitive markets supply goods and services to consumers at the lowest efficient prices. Unfortunately, many businesses…

  • ArticleVol. 93 · Iss. 5

    Pay It Forward? Law and the Problem of Restricted-Spending Philanthropy

    American foundations and other philanthropic giving entities hold about $1 trillion in investment assets, and that figure continues to grow every year. Even as…