Ann Lipton, associate professor in business law at Tulane University, joins the Business Scholarship Podcast to discuss her recent article Not Everything is About Investors: The Case for Mandatory Stakeholder Disclosure. In this article, Lipton questions the use of securities filings for non-investor-centric disclosures and calls instead for disclosure by large enterprises that is rooted in social interest, rather than public-company status.
Author: Andrew Jennings
Veronica Root Martinez on the Compliance Process
Veronica Root Martinez, professor of law at the University of Notre Dame, joins the Business Scholarship Podcast to discuss her recent article The Compliance Process. She explains why corporate compliance programs have focused on preventing and detecting legal violations yet miss the logical next steps of investigating and remediating them.
John Coyle on the History of the Choice-of-Law Clause
John Coyle, professor of law at the University of North Carolina, joins the Business Scholarship Podcast to discuss his recent article A Short History of the Choice-of-Law Clause. Coyle uses a historical survey of published cases and form books to trace the growth of the contractual choice-of-law clause from early domestic and commercial uses in the late 19th century through the adoption of the Uniform Commercial Code and the “Conflicts Revolution” in the 1950s and 1960s.
Jennifer Arlen on Overseas Deferred-Prosecution Agreements
Jennifer Arlen, professor of law at New York University, joins the Business Scholarship Podcast to discuss her recent paper The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S. In this paper, Arlen examines recent British and French efforts to introduce U.S.-style DPAs in corporate enforcement. She explains that although these efforts offer rule-of-law improvements over the U.S. approach, they are not yet fully aligned to helping prosecutors detect and deter corporate misconduct.
Yaron Nili on Successor CEOs
Yaron Nili, assistant professor of law at the University of Wisconsin, joins the Business Scholarship Podcast to discuss his recent article Successor CEOs. In this article, Nili explores why combo CEO/chairs sometimes give up the CEO role but remain chair of the board of directors, versus the more common transition of a CEO/chair giving up the chair.
Claire Hill on #MeToo and Profit Maximization
Claire Hill, professor of law at the University of Minnesota, joins the Business Scholarship Podcast to discuss her recent article #MeToo and the Convergence of CSR and Profit Maximization. In this article, Hill explores the #MeToo movement’s implications for corporate social responsibility (CSR) and environmental, social, and governance (ESG) concerns and their potential convergence.
Benjamin Edwards and Anthony Rickey on Hidden Conflicts in Securities Litigation
Benjamin Edwards, associate professor of law at the University of Nevada, Las Vegas, and Anthony Rickey, founder of Margrave Law LLC, join the Business Scholarship Podcast to discuss their recent article Uncovering the Hidden Conflicts in Securities Class Action Litigation: Lessons From the State Street Case. Edwards and Rickey examine potential plaintiff-side attorney conflicts in securities class actions that persist despite passage of reform legislation in the 1990s. They propose new litigation disclosures as a way to combat those potential conflicts.
Natasha Sarin on Making Consumer Finance Work
Natasha Sarin, assistant professor of law at the University of Pennsylvania, joins the Business Scholarship Podcast to discuss her recent article Making Consumer Finance Work. Sarin analyzes the outcomes of three Dodd-Frank era reforms to explain when regulatory interventions work, when they lead to “whack-a-mole,” and how the less wealthy subsidize other consumers in consumer finance markets.
Emily Kadens on Reputation and Cheating
Emily Kadens, professor of law at Northwestern University, joins the Business Scholarship Podcast to discuss her recent articles Cheating Pays and The Dark Side of Reputation. In these articles, Kadens uses archival records from litigation among 17th century English merchants to examine the limits of reputation as a tool for market discipline and sanction.
Robert Anderson on a Property Theory of Corporate Law
Robert Anderson, professor of law at Pepperdine University, joins the Business Scholarship Podcast to discuss his new article A Property Theory of Corporate Law. In this article Anderson questions the contractarian theory of the corporation and explains why a property-based theory better accounts for some features of corporate law.
Lev Menand on the Monetary Basis of Bank Supervision
Lev Menand, associate in law, lecturer in law, and postdoctoral fellow at Columbia Law School, joins the Business Scholarship Podcast to discuss his new paper The Monetary Basis of Bank Supervision. In our conversation, he situates bank supervision and its safety-and-soundness concept as being historically rooted in banks’ role as creators of money.
Dorothy Lund on Nonvoting Shares and Efficient Corporate Governance
Dorothy Lund, assistant professor of law at the University of Southern California, joins the Business Scholarship Podcast to discuss her recent article Nonvoting Shares and Efficient Corporate Governance. In our conversation, she explains how nonvoting shares have the potential to enhance corporate governance and shareholder value.
Sehwa Kim and Seil Kim on Fragmented Securities Regulation
Sehwa Kim, assistant professor of accounting at Columbia Business School, and Seil Kim, assistant professor of accountancy at Baruch College Zicklin School of Business, join the Business Scholarship Podcast to discuss their new article Fragmented Securities Regulation: Neglected Insider Trading in Stand-Alone Banks.
In our conversation, the authors explain why some publicly held banks file their securities disclosures with the FDIC (not the SEC) and what implications this fragmented system might have for capital markets.
Victoria Schwartz on Celebrity Stock Markets
Victoria Schwartz, Associate Professor of Law at Pepperdine University, joins the Business Scholarship Podcast to discuss her recent article The Celebrity Stock Market, which evaluates new markets for funding aspiring celebrities (like athletes, actors, and musicians) and their ethical, contractual, and securities-law implications.
Jonathan Lipson on the Secret Life of Priority
Jonathan Lipson, Harold E. Cohn Chair and Professor of Law at Temple University Beasley School of Law, joins the Business Scholarship Podcast to discuss his recent article The Secret Life of Priority: Corporate Reorganization After Jevic.
Adriana Robertson on Index Investing
Adriana Robertson, Assistant Professor in the University of Toronto Faculty of Law and Rotman School of Management, joins the Business Scholarship Podcast to discuss her new article Passive in Name Only: Delegated Management and ‘Index’ Investing.
Cathy Hwang on Deal Momentum and Faux Contracts
Cathy Hwang, Associate Professor of Law at the University of Utah S.J. Quinney College of Law, joins the Business Scholarship Podcast to discuss her recent and forthcoming articles Deal Momentum and Faux Contracts.
Aneesh Raghunandan on Financial and Non-Financial Misconduct
Aneesh Raghunandan, Assistant Professor of Accounting at the London School of Economics, joins the Business Scholarship Podcast to discuss his new article How Are Non-Financial and Financial Misconduct Related?