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The law affects our behavior not only directly by imposing legal sanctions, but also indirectly, by providing information that shapes the reputations of individuals and organizations. This Article is the first to fully flesh out the reputation-shaping aspects of the law.The Article's first major...
Persistent link: https://www.econbiz.de/10012980999
majority of European jurisdictions, shareholders can bring a derivative action (for damages) against the management for breach … of fiduciary duty. In all of these countries, a derivative lawsuit is the only remedy against managerial misconduct. In … shareholders. Contrary to current and past approaches to agency theory, we find that, in this equilibrium, (1) large shareholders …
Persistent link: https://www.econbiz.de/10014055598
claimant-friendly legal theory to approach private investors’ damage claims: Fraud on the Market. This legal theory is built … Fraud on the Market, without formally endorsing the legal theory and with one noticeable, but idiosyncratic departure from …
Persistent link: https://www.econbiz.de/10014244745
This paper proposes and empirically validates four theories of why legal origin influences growth and welfare through finance. It is a natural extension of "Law and finance: why does legal origin matter?" by Thorsten Beck, Asli Demirgüç-Kunt and Ross Levine (2003). We find only partial support...
Persistent link: https://www.econbiz.de/10011410416
In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep...
Persistent link: https://www.econbiz.de/10012984608
This paper proposes and empirically validates four theories of why legal origin influences growth and welfare through finance. It is a natural extension of “Law and finance: why does legal origin matter?” by Thorsten Beck, Asli Demirgüç-Kunt and Ross Levine (2003). We find only partial...
Persistent link: https://www.econbiz.de/10013032607
Priest and Klein’s 1984 article, “The Selection of Disputes for Litigation,” famously hypothesized a “tendency toward 50 percent plaintiff victories” among litigated cases. Despite the article’s enduring influence, its results have never been formally proved, and doubts remain about...
Persistent link: https://www.econbiz.de/10014139739
The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the … empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort …
Persistent link: https://www.econbiz.de/10014052425
Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving … offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative …
Persistent link: https://www.econbiz.de/10013133681
This paper contrasts UK and US governance of M&A break fees to see what the contrast can teach us about trade-offs between litigation and regulation as modes of governance, including how laws change under each regime over time. Data on 1,136 bids in 1989-2008 and 61 fee disputes show: (1) the UK...
Persistent link: https://www.econbiz.de/10013150915