Business Scholarship Podcast

Anthony Casey, professor of law at the University of Chicago; William Organek, assistant professor of law at the Baruch College Zicklin School of Business; and Lindsey Simon, associate professor of law at Emory University join the Business Scholarship Podcast to discuss the legal, commercial, and social issues at play in the Supreme Court’s upcoming Harrington v. Purdue Pharma L.P. bankruptcy case.

Mariana Pargendler, professor at FGV São Paulo Law School, joins the Business Scholarship Podcast to discuss her paper Corporate Law in the Global South: Heterodox Stakeholderism, which examines how Global South jurisdictions innovate in their corporate laws to protect stakeholders, channel economic distribution, and address other social problems.

Melissa Newham, a postdoctoral researcher at ETH Zurich, joins the Business Scholarship Podcast to discuss her paper The Cost of Influence: How Gifts to Physicians Shape Prescriptions and Drug Costs, which was co-authored with Marica Valente, assistant professor of economics at the University of Innsbruck.

Andrew Tuch, professor of law at Washington University in St. Louis, joins the Business Scholarship Podcast to discuss his article Fairness Opinions and SPAC Reform. This article compares the use of financial fairness opinions in traditional M&A versus SPAC transactions and finds that the latter usage has been inadequate in light of the internal conflicts of interest inherent to SPACs.

Laura Boudreau, assistant professor of economics at the Columbia University Graduate School of Business, and Ada González-Torres, assistant professor of economics at Ben-Gurion University of the Negev, join the Business Scholarship Podcast to discuss their paper Monitoring Harassment in Organizations, which they co-authored with Sylvain Chassang of Princeton University and Rachel Heath of the University of Washington. In this paper the authors use a randomized control trial to demonstrate survey methods for detecting harassment and other interpersonal misconduct in the workplace.

Guha Krishnamurthi, associate professor of law at the University of Maryland, joins the Business Scholarship Podcast to discuss his essay Title VII and Caste Discrimination, which he co-authored with Charanya Krishnaswami. The essay introduces the South Asian caste system and analyzes the experience of caste discrimination in U.S. workplaces, along with remedies against caste discrimination under existing and new federal and state legislation.

Andrew Schwartz, professor of law at the University of Colorado, joins the Business Scholarship Podcast to discuss his book Investment Crowdfunding.

Lindsey Gallo, assistant professor of accounting at the University of Michigan, and Kendall Lynch, an accounting PhD candidate at the University of Michigan, join the Business Scholarship Podcast to discuss their article Out of Site, Out of Mind? The Role of the Government-Appointed Corporate Monitor. In this article, Gallo, Lynch, and co-author Rimmy Tomy find that post-enforcement corporate monitorships are associated with reductions in law violations during a monitor’s tenure but that those reductions may not persist after the monitorship.

Hajin Kim, assistant professor of law at the University of Chicago, joins the Business Scholarship Podcast to discuss her article Expecting Corporate Prosociality, which uses survey experiments to demonstrate a stakeholder-expectations theory for consumer, employment, and investment interactions with corporations.

Jordan Neyland, assistant professor of law at George Mason University, joins the Business Scholarship Podcast to discuss his article Do Lawyers Matter in Initial Public Offerings?, which he co-authored with Thomas Bates of Arizona State University and Jin Roc Lv of Australian National University.

Todd Phillips, assistant professor at Georgia State University’s Robinson College of Business, joins the Business Scholarship Podcast to discuss his article The Major Questions Doctrine’s Domain, which he co-authored with Beau Baumann of Yale University. In this article, Phillips and Baumann explain that the Supreme Court’s novel Major-Questions Doctrine does not apply in cases in which executive agencies bring judicial enforcement actions or seek to apply judicial precedent. In making their case, they use challenges to the Securities and Exchange Commission’s crypto enforcement actions as a case study.

Helen Norton, professor of law at the University of Colorado, joins the Business Scholarship Podcast to discuss her article What 21st-Century Free Speech Law Means for Securities Regulation. In her article Norton examines the deregulatory turn in the Supreme Court’s First Amendment jurisprudence and argues that that turn should not affect the longstanding functioning of the nation’s securities laws.

Rachel Landy, visiting assistant professor at Cardozo School of Law, joins the Business Scholarship Podcast to discuss her article Exit Engineering. In this article Landy extends the existing literature on lawyers-as-transaction-engineers to theorize the role of early-stage startup lawyering on downstream exit events.

Timothy Pollock, professor of entrepreneurship at the University of Tennessee Knoxville, joins the Business Scholarship Podcast to discuss his article Not Like the Rest of Us? How CEO Celebrity Affects Quarterly Earnings Call Language, which he co-authored with Roberto Ragozzino of Nova School of Business and Economics and Dane Blevins of the University of Central Florida.

Dana Brakman Reiser, professor of law at Brooklyn Law School, and Steven Dean, professor of law at Boston University, join the Business Scholarship Podcast to discuss their book For-Profit Philanthropy: Elite Power and the Threat of Limited Liability Companies, Donor-Advised Funds, and Strategic Corporate Giving.

Sneha Pandya, a federal law clerk, joins the Business Scholarship Podcast to discuss her article Debt Textualism and Creditor-on-Creditor Violence: A Modest Plea to Keep the Faith, which was co-authored with Eric Talley of Columbia University. In this article, Pandya and her co-author track recent acrimony in the corporate-debt markets and consider how judicial interpretation of debt contracts might mitigate or exacerbate creditor-on-creditor conflict.

In this two-episode interview, Benjamin Edwards, associate professor of law at the University of Nevada, Las Vegas, joins as guest co-host.

Part I

Joseph Borg, who recently retired from three decades as director of the Alabama Securities Commission, joins the Business Scholarship Podcast to discuss his career as a state securities regulator. Topics in this first part of a two-episode interview include agency building and administrative structure, state politics and financial regulation, cooperation between state and federal enforcement agencies, memorable enforcement actions, and insights on crypto enforcement by state securities regulators.

Part II

Joseph Borg, who recently retired from three decades as director of the Alabama Securities Commission, joins the Business Scholarship Podcast to discuss his career as a state securities regulator. Topics in this second part of a two-episode interview include public service in securities regulation; cooperation between state regulators, FINRA, and the SEC; and agency funding and resources.

Abby Lemert, a recent graduate of Yale Law School, joins the Business Scholarship Podcast to discuss her article Facebook’s Corporate Law Paradox. In this article, Lemert identifies social harms associated with the Delaware-incorporated social-networking site Facebook and considers the constraints Delaware law imposes on the company’s ability to self-regulate toward mitigating those harms.

Martin Grace, professor of risk, insurance, and healthcare management at Temple University, and Jingshu Luo, assistant professor of finance at the University of Mississippi, join the Business Scholarship Podcast to discuss their article The Market for Model Laws: The Diffusion of NAIC’s Model Laws, which they co-authored with Charlotte Alexander of Georgia State University. In this article, the authors investigate pathways of state adoption of model insurance laws promulgated by the National Association of Insurance Commissioners.

Brett McDonnell, professor of law at the University of Minnesota, joins the Business Scholarship Podcast to discuss his article Stakeholder Engagement. In this article McDonnell examines how public companies engage with their non-shareholder stakeholders, including employees and civil society.

Stephen Bainbridge, professor of law at the University of California, Los Angeles, joins the Business Scholarship Podcast to discuss his new book The Profit Motive: Defending Shareholder Value Maximization.

Elise Maizel, acting assistant professor of lawyering at New York University, joins the Business Scholarship Podcast to discuss her article The Case for Downsizing the Corporate Attorney-Client Privilege. In this article, Maizel offers a comparative and historical analysis of the corporate attorney-client privilege versus the more familiar privilege enjoyed by individual clients. She finds the contemporary practice of corporate attorney-client privilege to be unworkable and socially costly and proposes reforms around channeling corporations’ attorney-client communications through board-level privileged-communications committees.

Caleb Griffin, assistant professor of law at the University of Arkansas, joins the Business Scholarship Podcast to discuss his article Humanizing Corporate Governance. In this article Griffin investigates the voting preferences of retail investors in intermediated funds and presents results from an original survey study.

Vijay Raghavan, assistant professor of law at Brooklyn Law School, joins the Business Scholarship Podcast to discuss his article The Case Against the Debt Tax. In this article Raghavan challenges the bases for treating forgiven consumer debt as taxable income, including student-loan and other consumption debt. He also offers recommendations for reforms to tax procedure.

Ann Lipton, associate professor of business law and entrepreneurship at Tulane University, joins the Business Scholarship Podcast to discuss her essay Inside Out (or, One State to Rule them All): New Challenges to the Internal Affairs Doctrine. In this essay, Lipton observes a trend in which internal-affairs doctrine, via forum-selection bylaws, encroaches on substantive fields outside its corporate-governance heartland. This trend includes employment and securities disputes. She identifies concerns with this trend, including undermining states’ non-corporate regulatory policies and forcing disputes, like claims under the Exchange Act, into fora that lack subject-matter jurisdiction to hear them.