Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, academics and lawmakers have called for the reform of banker pay practices. In this Article, we argue that regulator pay is to blame as well, and...

State corporate law requires director services be provided by “natural persons.” This Article puts this obligation to scrutiny, and concludes that there are significant gains that could be realized by permitting firms (be they partnerships, corporations, or other business entities) to...

The expression “personnel is policy” has become a truism in Washington. Yet our understanding of how the political branches use appointments to project influence into the administrative state is incomplete. This Article leverages data on almost one-thousand commissioners on eleven major...

A bill under consideration on Capitol Hill would fundamentally remake the online digital display advertising market by forcing the physical separation of a vertically integrated market and by imposing fiduciary-like duties on those buying and selling online ads for others. Proponents of this...

While conventional wisdom dictates that people's trust - in the government, in corporations, in each other - is at a historic low, the rise of the internet is offering new ways to rehabilitate and strengthen trust. Uber is probably the best example of a new company that, on the surface, allows...

The law firm business is thriving despite significant pain in the legal sector as changes take place. The continuing success of Big Law is in part because of its ability to adjust quickly to changes in demand by hiring and firing staff. But as Larry Ribstein saw, big changes nevertheless loom on...

In this groundbreaking work, Stephen M. Bainbridge and M. Todd Henderson change the conversation about corporate governance by examining the origins, roles, and performance of boards with a simple question in mind: why does the law require governance to be delivered through individual board...