Dec
2
Shareholder “Say on Pay” – Can it Expose Directors to Liability?
Posted by: Nadelle E. Grossman | December 2, 2011 | Leave a Comment
[Editor's Note: Over the past month, faculty members have been posting on upcoming judicial decisions of particular interest. This is the fourth post in the series.] In January of 2011, the Securities and Exchange Commission, as part of its implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, began requiring U.S. public companies to [...]
Dec
23
Best of the Blogs: The Ernst & Young Case
Posted by: Michael M. O'Hear | December 23, 2010 | 1 Comment
It’s not really my area, but I’ve been especially interested this week in reading about the new civil fraud case brought by the State of New York against Ernst & Young. The case arises from E&Y’s auditing work for Lehman Brothers, an early and important casualty of the financial crisis. In this post, Matt Taibbi [...]
Sep
13
Will Financial Regulation Make Us Safe? (Part II)
Posted by: Colin Lancaster | September 13, 2010 | 1 Comment
This is the second post on this topic. Good to see you back for more! Based on all of the notes that I received following my first post, the readership levels of this site are much higher than I expected. Thanks for all of the kind feedback and responses. I think that some of my former [...]
Mar
31
Brands and Bankruptcy
Posted by: Michael M. O'Hear | March 31, 2010 | 1 Comment
Congratulations to 3L Laura Steele, the winner of this year’s Frank DeGuire Award for the best student comment in the Marquette Intellectual Property Law Review. Laura’s terrific comment, entitled “Actual or Hypothetical: Determining the Proper Test for Trademark Licensee Rights in Bankruptcy,” is available on SSRN. Here is the abstract: As trademark rights become an [...]
Mar
18
The Business of Bigness
Posted by: Nicholas Harken | March 18, 2010 | 1 Comment
Last summer, Eric Dash of the New York Times wrote an excellent article on the problems associated with big business in the U.S. Dash noted that almost 100 years ago, Supreme Court Justice Louis Brandeis wrote prophetically about the “curse of bigness.” Justice Brandeis denounced generally the influence that big business had on U.S. politics [...]
Mar
5
Proxy Amendments and Short-Term Shareholders
Posted by: Nicholas Harken | March 5, 2010 | 1 Comment
First, thank you for the invitation to be the March Student Blogger. I have significant experience in blogs. But perhaps unfortunately for this blog, that experience is restricted to Nebraska football and Lost blogs. And I don’t think this is the proper forum for discussions of the Huskers’ 2011 recruiting class or how the Valenzetti [...]
Mar
2
Federalism, Free Markets, and Free Speech
Posted by: Edward A. Fallone | March 2, 2010 | 11 Comments
The Supreme Court decision in Citizens United v. FEC strikes down as unconstitutional a federal law that prohibits corporations and unions from using general treasury funds to make independent expenditures that expressly advocate the election or defeat of candidates for office. The majority opinion, written by Justice Kennedy, ignores hundreds of years of Supreme Court [...]
Feb
23
The Second Law of Thermodynamics and “Say on Pay”
Posted by: Nadelle E. Grossman | February 23, 2010 | 1 Comment
In one of his characteristically thoughtful blog postings (available here), Ed Fallone argues that market regulation follows the Second Law of Thermodynamics, which states (to paraphrase) that in any closed system, disorder will reign over time. Ed argues that this principle holds true for federal securities regulation, where technological and market changes have made the [...]
Jan
16
Contract Rights Under Assault
Posted by: Matthew Fernholz | January 16, 2010 | 7 Comments
In 1789, as the inchoate American government was climbing out of the mountainous debt left over from the Revolutionary War, a thorny political problem emerged. While most of the chattering class was consumed with the debate over whether the states’ war debt should be federalized, another far more visceral controversy arose. Because the Continental Congress [...]
Aug
2
Regulation and the Second Law of Thermodynamics
Posted by: Edward A. Fallone | August 2, 2009 | 2 Comments
At first blush, one would not think that Barney Frank and Stephen Hawking would have anything in common. The first is the Chairman of the House Financial Services Committee, and is currently conducting hearings on the regulatory reform of the financial markets. The second is the noted University of Cambridge professor of theoretical physics and [...]
Jul
13
The Apprentice
Posted by: Edward A. Fallone | July 13, 2009 | 3 Comments
The National Law Journal recently reported that the law firm of Howrey & Simon has adopted an innovative training program for new associates. Newly hired lawyers will serve a two year “apprenticeship” prior to being fully integrated into the law firm. This program will reduce the number and the compensation of the law school graduates [...]
Jul
8
Grossman on Governance
Posted by: Michael M. O'Hear | July 8, 2009 | Leave a Comment
Nadelle Grossman has two new corporate law papers on SSRN. The first, entitled “Turning a Short-Term Fling into a Long-Term Commitment: Board Duties in a New Era,” deals with the timely topic of corporate leaders making strategic decisions based on short-term profits without regard to long-term risk. As a solution, she proposes changes in the legal [...]
Blog Editors
- Alan Borsuk
- Bruce E. Boyden
- Edward A. Fallone
- Melissa L. Greipp
- Scott C. Idleman
- Lisa Mazzie
- Michael M. O'Hear
- Ryan Scoville
