Yesha Yadav, professor of law at Vanderbilt University, joins the Business Scholarship Podcast to discuss her article The Broken Bond Market, which she co-authored with Jonathan Brogaard, professor of finance at the University of Utah. In this article, Yadav and Brogaard observe an inverse relationship between bond liquidity and governance bespokeness, which forces a tradeoff between tradability and investor protection. They recommend private-ordering solutions to reduce this dichotomy.
George Georgiev, associate professor of law at Emory University, joins the Business Scholarship Podcast to discuss his article The Breakdown of the Public–Private Divide in Securities Law: Causes, Consequences, and Reforms. In this article Georgiev traces a breakdown in the division between public and private capital markets as stemming from two decades of deregulatory developments. This breakdown, he contends, has reduced the explanatory value of the public-private divide in securities regulation, a condition that can likely only be remedied through congressional action.
Madison Condon, associate professor of law at Boston University, joins the Business Scholarship Podcast to discuss her article Market Myopia’s Climate Bubble. In this article Condon identifies the causes and consequences of mispricing the climate risk inherent in financial assets. Later in the interview, Condon offers her initial views on the SEC’s proposed climate-disclosure rules.
Alexander Platt, associate professor of law at the University of Kansas, joins the Business Scholarship Podcast to discuss his article Beyond “Market Transparency”: Investor Disclosure and Corporate Governance. In this article Platt explores twenty governance impacts driven by Exchange Act Section 13(f)—which requires institutional shareholders to periodically disclose their holdings to the public—including on common ownership and competition and shareholder activism. Drawing from these examples, Platt observes that far from a neutral transparency device, Section 13(f) has substantive effects on corporate governance.
Anat Alon-Beck, assistant professor of law at Case Western Reserve University, and Darren Rosenblum, professor of law at McGill University, join the Business Scholarship Podcast to discuss their articles No More Old Boys’ Club: Institutional Investors’ Fiduciary Duty to Advance Board Gender Diversity and A Duty to Diversify, which were co-authored with Michal Agmon-Gonnen. In these articles, Alon-Beck and Rosenblum articulate directors’ and institutional investors’ fiduciary duties as including a duty to foster diversity in senior corporate leadership.
William Moon, associate professor of law at the University of Maryland, joins the Business Scholarship Podcast to discuss his article Anonymous Companies. In this article Moon challenges the push for greater transparency of corporate ownership by recognizing legitimate economic, safety, anti-discrimination, and related interests that entrepreneurs might have in corporate anonymity.
Akshaya Kamalnath, senior lecturer at Australian National University College of Law, joins the Business Scholarship Podcast to discuss her article Social Movements, Diversity, and Corporate Short-Termism. In this article, Kamalnath investigates how social movements, often powered by social media, influence corporate commitments to diversity, equity, and inclusion. She observes, however, that these commitments can suffer from corporate short-termism, particularly as social pressure wanes.
Richard Crowley, assistant professor of accounting at Singapore Management University, joins the Business Scholarship Podcast to discuss his paper Executive Tweets, which he co-authored with Wenli Huang of Hong Kong Polytechnic University and Hai Lu of the University of Toronto. In the paper the co-authors find that larger market reactions follow financially relevant tweets posted to executives’ personal Twitter accounts compared to similar tweets posted to corporate accounts. This result is consistent with a person-to-person trust mechanism.
Christina Skinner, assistant professor of legal studies and business ethics at the University of Pennsylvania’s Wharton School, joins the Business Scholarship Podcast to discuss her article Central Bank Activism. In this article, Skinner critically analyzes demands that central banks like the Federal Reserve step beyond their traditional monetary mandates to tackle other fiscal and social challenges, such as climate change, income and racial inequality, or foreign and small-business aid.
Emmanuel Yimfor, assistant professor of finance at the University of Michigan, joins the Business Scholarship Podcast to discuss his paper Misconduct Synergies, which was co-authored with Heather Tookes of Yale University. In this paper, Yimfor and Tookes conduct a study of M&A in the investment-advisory industry and find that following mergers, a large share employees of the acquired firm who have prior misconduct leave the combined firm. Contrary to some expectations in the literature, the authors find that firms with high or low misconduct tend to acquire firms with similar misconduct histories.
Angela Aneiros, lecturer at Indiana University’s Kelley School of Business, joins the Business Scholarship Podcast to discuss her article The Unlikely Pressure for Accountability: The Insurance Industry’s Role in Social Change. In this article Aneiros examines the role of D&O insurance in shaping corporate directors’ decisions around diversity, equity, and inclusion.
Paolo Saguato, assistant professor of law at George Mason University, joins the Business Scholarship Podcast to discuss his articles Financial Regulation, Corporate Governance, and the Hidden Costs of Clearinghouses and article The Ownership of Clearinghouses: When ‘Skin in the Game’ Is Not Enough, the Remutualization of Clearinghouses. In these articles, Saguato conducts political-economy analyses of securities clearinghouses and their systemic risks.
Benjamin Ho, associate professor of economics at Vassar College, joins the Business Scholarship Podcast to discuss his paper Do Investors Care about Corporate Apologies? Evidence from Chemical Disasters, which he co-authored with Sijia Fan, Qi Ge, and Lirong Ma. In this paper, Ho and his co-authors study impacts on stock prices when companies apologize after chemical disasters. They find that although admissions of error might help restore trust with the public and regulators, those apologies can also reduce investors’ perceptions of firm competence, leading to drops in stock price.
Melissa Jacoby, professor of law at the University of North Carolina at Chapel Hill, joins the Business Scholarship Podcast to discuss her essay Shocking Business Bankruptcy Law. In this essay Jacoby examines what she dubs “ad hoc” and “off-label” business bankruptcies as opportunistic uses of Chapter 11 for purposes other than managing overindebtedness.
David Kershaw, dean and professor at the London School of Economics Law School, and Edmund Schuster, associate professor at the London School of Economics Law School, join the Business Scholarship Podcast to discuss their article The Purposive Transformation of Corporate Law. In this article Kershaw and Schuster frame the long-standing question of what is a corporation’s purpose in terms of aspirational mission-purpose. This frame, the authors argue, in turn requires either that shareholders be purposeful themselves or that corporate law insulate purpose from shareholders.
Four scholars join the Business Scholarship Podcast to discuss their recent work on unicorn startups. Abraham Cable, professor of law at the University of California Hastings, is the author of Time Enough for Counting: A Unicorn Retrospective; Alexander Platt, associate professor of law at the University of Kansas, is the author of Unicorniphobia; Matthew Wansley, assistant professor of law at Yeshiva University, is the author of Taming Unicorns; and Amy Deen Westbrook, professor of law at Washburn University, is the author of We(‘re) Working on Corporate Governance: Stakeholder Vulnerability in Unicorn Companies.
Tom Gosling, executive fellow of finance at the London Business School, joins the Business Scholarship Podcast to discuss his article CEO Compensation: Evidence From the Field, which he co-authored with Alex Edmans of the London Business School and Dirk Jenter of the London School of Economics. In their article, Gosling and his co-authors conduct an interview-based field study of public-company directors and investors on how boards set CEO compensation and under what constraints they make those decisions.
Harwell Wells, professor of law at Temple University, joins the Business Scholarship Podcast to discuss his article Shareholder Meetings and Freedom Rides: The Story of Peck v Greyhound. In this article, Wells recounts the efforts of Bayard Rustin and James Peck to use the proxy rules and their purchase of Greyhound shares to protest the bus company’s segregationist policies. These efforts were ultimately thwarted, Wells explains, by the SEC’s re-writing of the proxy rules to undermine civil-rights shareholder activism.
Afra Afsharipour, professor of law at the University of California, Davis, joins the Business Scholarship Podcast to discuss her article Women and M&A. In this empirical study Afsharipour highlights the dearth of women among lead lawyers in the largest public-company M&A deals. She relates this gap to prior literatures on board and executive gender diversity and proposes steps to help close it.
Jeremy Kress, assistant professor of business law at the University of Michigan Ross School of Business, joins the Business Scholarship Podcast to discuss his article Who’s Looking Out For The Banks?. Kress examines the risk of exploitation that national banks face when they are part of financial conglomerates whose nonbank affiliates might seek to benefit from banking subsidies. He locates this risk in director overlap between the boards of banks and their parent companies and proposes reforms to bolster the independence of bank subsidiaries’ boards.
Colleen Honigsberg, associate professor of law at Stanford University, joins the Business Scholarship Podcast to discuss her article Deleting Misconduct: The Expungement of BrokerCheck Records, which she co-authored with Matthew Jacob. In the article Honigsberg examines 6,660 requests for expungement of alleged misconduct by securities brokers, including what those requests and their outcomes mean for brokers’ subsequent careers and recidivism risk.
Steven Boivie, professor at Texas A&M University Mays Business School, and Scott Graffin, professor at the University of Georgia Terry College of Business, join the Business Scholarship Podcast to discuss their article Corporate Directors’ Implicit Theories of the Roles and Duties of Boards. In this interview-based study, Boivie and Graffin, along with co-authors Michael Withers and Kevin Corley, find that contrary to agency-cost theory, corporate directors view their role as supporting, not monitoring, management.
Christina Sautter, professor of law at Louisiana State University, and Sergio Gramitto Ricci, lecturer at Monash University, join the Business Scholarship Podcast to discuss their article Corporate Governance Gaming: The Power of Retail Investors. Sautter and Grammito Ricci identify the rise of wireless investors, a cohort of Millennial and Gen Z investors who seek community and emphasize environmental, social, and governance factors. This new kind of investor is poised to shake up corporate governance, they explain, as seen in the “meme stock” phenomenon and growing retail-shareholder bases at companies favored by wireless investors.
Eliot Brown, a reporter at the Wall Street Journal, joins the Business Scholarship Podcast to discuss his book The Cult of We: WeWork, Adam Neumann, and the Great Startup Delusion, which he co-authored with fellow reporter Maureen Farrell.