Topic

Law and Economics

Posts

  • ArticleVol. 93 · Iss. 2

    Price Impact, Materiality, and Halliburton II

    The Supreme Court decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014), reaffirmed the availability of the fraud-on-the-market…

  • ArticleVol. 93 · Iss. 2

    Market Intermediation, Publicness, and Securities Class Actions

    Securities class actions play a crucial, if contested, role in the policing of securities fraud and the protection of securities markets. The theoretical understanding…

  • ArticleVol. 93 · Iss. 2

    Distortion Other Than Price Distortion

    The fraud-on-the-market doctrine adopted in Basic Inc. v. Levinson (“Basic”) allows the plaintiff suing under Rule 10b-5 to satisfy the reliance requirement by showing…

  • ArticleVol. 93 · Iss. 2

    Corporate Law and the Limits of Private Ordering

    The Delaware legislature in 2015 amended the Delaware General Corporation Law to authorize forum-selection bylaws and to prohibit charter or bylaw provisions that would…

  • ArticleVol. 92 · Iss. 6

    Appraisal Arbitrage and the Future of Public Company M&A

    In this Article, we demonstrate that the stockholder’s appraisal remedy—long-dismissed in corporate law scholarship as useless or worse—is in the middle of a renaissance…

  • ArticleVol. 92 · Iss. 6

    Understanding the Failures of Market Discipline

    “Market discipline”—the theory that short-term creditors can efficiently rein in bank risk through their self-interested actions—has been a central pillar of banking regulation since…

  • NoteVol. 92 · Iss. 1

    The Use of Merger Analysis Techniques to Assess the Competitive Effects of Reverse Payment Settlements

    Reverse payment settlements, in which a brand drug manufacturer makes a payment to a generic drug manufacturer in exchange for the generic manufacturer delaying…

  • ArticleVol. 92 · Iss. 1

    Social Innovation

    This Article provides the first legal examination of the immensely valuable but underappreciated phenomenon of social innovation. Innovations such as cognitive behavioral therapy, microfinance,…

  • NoteVol. 97 · Iss. 5

    Returning Right-To-Farm Laws to Their Roots

    In 2014, some unlikely culprits—four chickens—generated negative headlines for then-Iowa Congressman Bruce Braley, who was in the midst of a close campaign for an…

  • ArticleVol. 91 · Iss. 5

    Why Do Cities Innovate in Public Health? Implications of Scale and Structure

    Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That…

  • ArticleVol. 91 · Iss. 5

    Noise Reduction: The Screening Value of Qui Tam

    Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of…

  • ArticleVol. 97 · Iss. 5

    Liquid Gold

    According to federal health and census data, addiction treatment is expected to be a $42 billion industry in 2020. It has doubled in size…