What Next For the Bailout? (December 01, 2008)
Yesterday every bank stock fell in value 20%. JPMorgan just crushed government-mandated acquiree Washington Mutual's payroll. Since stock price falls... (Category: Financial Crisis)
We Are Scientists (November 26, 2008)
According to Typealyzer, which reads the content of a blog, and classifies the sort of person who writes said words,... (Category: Blogs and Blawgs)
The Fed Tries to Solve the Crisis Before Thanksgiving (November 25, 2008)
Things are certainly busy, and now, perhaps we know why the Fed backstopped, rather than fronted, the Citi deal. It... (Category: Financial Crisis)
Administration By Deal, by Davidoff and Zaring (November 24, 2008)
Steve Davidoff and I have been following the financial crisis blow by blow on DealBook and at the Conglomerate. We... (Category: Financial Crisis)
The Citi Deal Looks Like Citi-Wachovia (November 23, 2008)
The Citi bailout may be a sign that the Fed is tiring of taking the lead on these sorts of... (Category: )
Will the Basel Committee Solve the Financial Crisis? (November 20, 2008)
So far the answer has been no - indeed, the committee of 12 wealthy central banks has done very little... (Category: Financial Crisis)
Is the Oversight Board Overseeing? (November 18, 2008)
EESA put into place an arguably unconstitutional oversight board (it is majority comprised of officials the president cannot fire, a... (Category: Financial Crisis)
Mark Cuban is an Insider Trader? (November 17, 2008)
According to the SEC, the answer is yes, and he has been so charged for selling his entire stock in... (Category: Crime Generally)
Congratulations to Kevin Werbach (November 16, 2008)
I'm delighted to report that my departmental colleague Kevin Werbach has been named to the Obama administration's communications transition team.... (Category: Administrative Law)
The G20 - principles or rules? (November 15, 2008)
International regulation is everywhere, and one way to think about it is that it tends to evolve in three stages.... (Category: Financial Crisis)
OTC Derivatives Before The Fall (November 12, 2008)
The Bank for International Settlements released its report on the size of the over the counter derivatives market in the... (Category: Financial Crisis)
Contracts Meet Bailout Regulation (November 12, 2008)
One of the things we've tried to do here during the credit crisis is to examine the legal basis for... (Category: Financial Crisis)
Post Election Dissensus in the Bailout Team (November 11, 2008)
It's politics, not law, but we've noted that Sheila Bair and the FDIC have had a successful run - at... (Category: Financial Crisis)
Read Recently (November 11, 2008)
Bloomberg has filed a FOIA suit to get the Fed to disclose the collateral it is accepting for bailout money.... (Category: Miscellany)
Everybody Wants The Protection of the Fed (November 10, 2008)
Goldman Sachs' and Morgan Stanley's possibly not that voluntary decision to become bank holding companies maybe have only been the... (Category: Financial Crisis)
AIG is a Money Pit (November 10, 2008)
Today the Treasury Department purchased $40 billion in senior preferred stock in AIG, and, courtesy of the Fed, now the... (Category: Financial Crisis)
Why Don't the Markets Like Rate Cuts Anymore? (November 06, 2008)
Lawyers venture into the world of macroeconomics at their peril, but perhaps the Glom's savvy readers can help me understand... (Category: Financial Crisis)
How Much Prison Will the AIG Executives Get? (November 05, 2008)
It could be life. (Category: Financial Crisis)
Equity Infusion Made Easy (November 05, 2008)
You can recapitalize banks with the sturm und drang of a legislated bailout, or you can try something that doesn't... (Category: Administrative Law)
Terrorism Financing Meets Judicial Review (November 02, 2008)
The Washington Post's big Sunday story is on how badly the American pushed international terrorism financing prevention regime has done... (Category: Administrative Law)
Mortgage Relief as Details Regulation (November 01, 2008)
The FDIC has taken over IndyMac and its 400,000 distressed mortgages, and is unilaterally extending and easing them for homeowners.... (Category: Financial Crisis)
LAPA Fellowship at Princeton (October 31, 2008)
It's possibly (I would say "probably") the best legal fellowship out there. A year in the leafy confines of Princeton... (Category: Law Schools/Lawyering)
Davidoff and Strine on Collapsing PE Deals (October 31, 2008)
I hustled down to Wilmington yesterday to see Steven Davidoff present his fascinating paper on why so many private equity... (Category: Venture Capital)
Links! (October 31, 2008)
Here's a gloss on the Federal Circuits new limits on business method patents. Here's a good one too, from Michael... (Category: Law & Economics)
Homeowner Protection et al (October 30, 2008)
The latest move by the government would dedicate $50 billionish of the bailout money to guarantee some distressed mortgages. The... (Category: Financial Crisis)
Bailout Money Might Be Easy Money (October 29, 2008)
The automakers want a federal bailout, and the WSJ has a story on the currently ineligible bank-like institutions (private banks,... (Category: Fiduciary Duties)
The Secret New Committee That Runs Finance (October 28, 2008)
Treasury sent one of its people to address SIFMA today on the bailout implementation. Among the standard litany of things... (Category: Financial Crisis)
The Early Regional Bank Joiners (October 26, 2008)
One thing about Paulson's "bailouts" so far is that they've been painful for those that have accepted the help. But... (Category: Financial Crisis)
The Fed, Past and Present, Testifies (October 23, 2008)
Usually, testifying before Congress is the least fun aspect of being an agency official, particularly when there's divided government. You... (Category: Financial Crisis)
Incriminating Emails: How to Resist? (October 22, 2008)
In the Waxman hearings today on credit rating agencies, some emails, via Clusterstock: In one email, an S&P analytical staffer... (Category: Financial Crisis)
The Fed is Still At It (October 22, 2008)
On what looks like another bad day for Wall Street, the Fed has announced yet another initiative. It is going... (Category: Financial Crisis)
Is the Financial Crisis the Death of Federalism? (October 22, 2008)
I have yet to hear someone seriously argue that things would be going better if only Andrew Cuomo were handling... (Category: Financial Crisis)
Capital Purchase Program: When Emergency Meets Bureaucracy (October 20, 2008)
Today, Paulson announced how the CPP will work, as far as the remaining $125 billion devoted to it (the first... (Category: Financial Crisis)
Now, We Bore the Shorts to Death With Language (October 17, 2008)
I was trying to figure out what to make of the SEC's two "interim final temporary rules" going after the... (Category: Financial Crisis)
Treasury's Lawyer (October 16, 2008)
The government's lawyer is the Department of Justice. The President's lawyer is the White House Counsel. The Attorney General's lawyer... (Category: Financial Crisis)
Must the Fed Take Collateral Before it Can Bail Out a Bank? (October 15, 2008)
Ben Bernanke gave a speech today where he intimated that Lehman didn't have the collateral the Fed needed to save... (Category: Financial Crisis)
The CPP Deal (October 15, 2008)
Treasury's announcement today covers the pain that financial institutions would want capital injections must face. They have a month to... (Category: Financial Crisis)
Anna Gelpern: ... and Another Thing: Illiquency (October 14, 2008)
Recent guest Anna Gelpern has been thinking about the solutions chosen pursuant to the crisis. I asked her if she... (Category: Financial Crisis)
The Nationalization (October 13, 2008)
With the big day on Wall Street, it now, surprisingly, looks like there's wind at the sails of the American... (Category: Financial Crisis)
Blogger Comparative Advantage: Administrative v. International Law (October 13, 2008)
International law exists and it is real, but it might be worth noting how differently it operates than does domestic... (Category: Financial Crisis)
A Busy Sunday for the Fed (October 13, 2008)
Once again, the emergency means the usual rules are being disregarded for Wells Fargo-Wachovia, who got the Fed to meet... (Category: Financial Crisis)
When Will the Globe Get Around to Globalizing This Crisis Away? (October 12, 2008)
One the one hand, as the financial crisis gets global, I guarantee that you will see transnational policy being made... (Category: Financial Crisis)
Is Good Corporate Governance Saving Companies? (October 10, 2008)
Jeff Lipshaw does a back of the envelope calculation here; his answer is that it appears that well governed companies... (Category: Finance)
Reforming the System (October 10, 2008)
After the bailout, and the indictments, the heads of government, both locally and globally, will meet to reform the system.... (Category: Financial Crisis)
What Will Be The First Nationalized Bank? (October 10, 2008)
Felix Salmon makes the case for Morgan Stanley, which has been getting notably hammered since the shorts were unleashed. If... (Category: Administrative Law)
Can the Treasury Take Equity? (October 08, 2008)
Today Paulson announced that although he would purchase some of the so-called toxic assets on bank balance sheets, he may... (Category: Administrative Law)
Regulatory Globalization and Rate Cuts (October 08, 2008)
The Fed cut rates by half a percent today, and at this point, it must be running out of new... (Category: Administrative Law)
The FDIC Gooses Premiums (October 07, 2008)
On a busy day for regulators, don't miss the FDIC's proposal to raise insurance premiums on banks. Pursuant the bailout,... (Category: Administrative Law)
The Fed Can't Let Section 13 Go (October 07, 2008)
The latest rescue development moves the Fed back to expanding its section 13 discount window powers still further and has... (Category: )
Wachovia-Wells Fargo-Citi Outsource (October 06, 2008)
We've had good stuff on the state of play here, and Glom veteran Elizabeth Nowicki is blogging up a storm... (Category: M&A)
The Bailout Takes Shape (October 06, 2008)
Expect to read the caption to this post hundreds of times in the next few days. Anyway: The Fed did... (Category: Administrative Law)
Have You Seen? (October 05, 2008)
Darian Ibrahim says: The instruments of financial innovation that have recently dominated Wall Street -- mortgage-backed securities, credit default swaps,... (Category: Corporate Law)
The House Votes, and The Dow Craters (October 03, 2008)
Yes, yes, the bailout bill passed 263-171, and the Dow is up 1% as of this writing, but did you... (Category: Finance)
I Smell Pulitzer? (October 03, 2008)
On the eve of passage of the bailout bill, the long-form journalism out there suggests that the real question animating... (Category: Politics)
Judicial Review in the Bailout Bill (October 02, 2008)
As we've told you, currently the bailout bill, now passed by the Senate, and looking better in the House, provides:... (Category: Administrative Law)
Mark to Market Outsourcing (October 01, 2008)
We've told you that valuing assets ain't easy these days. Indeed, "these the times that try one's sells" (love that... (Category: Accounting)
The Senate Bill's Differences (October 01, 2008)
The bill is here, what does it do differently than the rejected House bill? Very little, and what little it... (Category: Administrative Law)
Crime and Fair Value (September 30, 2008)
The SEC revisited its fair value accounting standards today, as Usha predicted. Here's the SEC statement, and Floyd Norris has... (Category: Accounting)
Who Is Going to Jail for All of This? (September 30, 2008)
One of the rules of financial crises is that some business executives end up doing time after they happen. You... (Category: Crime Generally)
What Will the Fed Do If There Isn't a Bailout? (September 29, 2008)
Well, let's look at what else it did today: Increase the number of Term Availability Facilities ("By committing to provide... (Category: Administrative Law)
Just as it Looks Like the Nays Win, The Dow Crashes (September 29, 2008)
That's a sell-off of everything, including stocks that have nothing to do with mortgages (though I guess every public company... (Category: )
Links (September 29, 2008)
The Treasury Secretary got what he wanted in the bailout, Steven Davidoff thinks. And it is an awesome amount of... (Category: )
The Bailout Compromise (September 28, 2008)
As Eric Posner says, a quick skim offers few surprises: As an exercise in the development of legislation, note what... (Category: Administrative Law)
Can Congress Appoint Members of the Bailout Oversight Committee? (September 28, 2008)
Politico has a leaked internal Democratic memo with some deal terms. One of perhaps a little Sunday afternoon note: Composition... (Category: Administrative Law)
Bailout Winners (So Far) (September 28, 2008)
The big winner has been JP Morgan, which got both Bear and Washington Mutual for fire sale prices. Bank of... (Category: Administrative Law)
The End of SEC Capital Adequacy Supervision (September 26, 2008)
Given that the SEC's voluntary Consolidated Supervised Entities program lost its last customers when Goldman Sachs and Morgan Stanley went... (Category: Securities)
The Agreement on Principles: Not Without Problems (September 25, 2008)
UPDATE: unless there isn't a deal at all. The agreement on principles for the bailout is out there, and it... (Category: Administrative Law)
The House Draft Bailout (September 24, 2008)
Rumor has it the House is close to a deal. David Hoffman has the overview, TPM has the executive summary,... (Category: Administrative Law)
Whose Fault is This? The SEC's First Take. (September 24, 2008)
SEC Chair Christopher Cox is fascinated by the increasingly international aspects of his job (so am I). But it's the... (Category: Securities)
Revenge of the Shorts (September 23, 2008)
The hedge funds are talking about suing to undo the SEC's ban on shorting until October 2, with an option... (Category: Securities)
The Dodd Perspective on the Dodd Bill on the Paulson Bailout (September 22, 2008)
is here. A reaction here and here. I won't add much, because I've only found the gloss of the bill,... (Category: Administrative Law)
Does The Bailout Statute Tell Us How Treasury Will Value The Assets It Buys? (September 22, 2008)
Steven Davidoff considers the question here, and it's a nice analysis of the few tea leaves the statute provides. A... (Category: Administrative Law)
What is the SEC, a Potted Plant? (September 21, 2008)
SEC chair Chris Cox showed up at the Bush news conference last week, along with Ben Bernanke and Henry Paulson.... (Category: )
The State of Play (September 20, 2008)
It's all about the bailout now, but: Can AIG get out of its unfavorable deal with Treasury? Steven Davidoff wonders.... (Category: )
The Bailout Statute (September 20, 2008)
The terms of the mega-bailout are out there, and they are interesting. I have never seen a shorter statute that... (Category: Administrative Law)
At Least the Mega-Bailout Will Be Legislated (September 19, 2008)
If you take the way the Fed has used its discount window so far as legal, then you wouldn't think... (Category: Bankruptcy)
Jeff Lipshaw Thinks AIG Got A Loan not a Sale (September 18, 2008)
One question about the Fed's powers to bail out AIG whether it bought the company or simply made a loan... (Category: Administrative Law)
What Does the AIG Deal Look Like? (September 17, 2008)
I expressed skepticism, on basic administrative law principles, at the unprecedented "purchase" of AIG by the Fed. But really, as... (Category: Administrative Law)
If Morgan Stanley Sells Itself to Citic, Will CFIUS Approve? (September 17, 2008)
Citic being a Chinese bank, Morgan Stanley being a symbol of American capitalism. Nonetheless, they are talking, and in this... (Category: )
The Fed's Analysis of Its Section 13(3) Powers (September 17, 2008)
Well, a couple of magazine articles about it, anyway. It is here. The key claim: 2008 is only sort of... (Category: Administrative Law)
Judicial Review of the AIG Buyout (September 17, 2008)
I suspect that efforts to get someone to review the Fed's use of its discount window to take over an... (Category: Administrative Law)
Can the Government Buy an Insurance Company for Cheap? (September 16, 2008)
Apparently so. Good news if you have stock in the United States - boy can that country buy low. Anyway,... (Category: Administrative Law)
Hank Greenberg is Angry, and the AIG Rescue is Looking Strange (September 16, 2008)
Hank Greenberg took AIG to some impressive heights, Elliot Spitzer then went after him, and what has happened to the... (Category: M&A)
What Paulson Wants in the Emergencies of Tomorrow (September 16, 2008)
We've noted that the string of bailouts or rejected bailouts has been done either on the fly or pursuant to... (Category: Administrative Law)
Black Sunday-Monday Commentary (September 15, 2008)
Wall Street's big, bad day has lots of legal and public policy implications. In case you haven't seen them: What... (Category: Finance)
Another Way of Looking at the Government Action over the Weekend (September 15, 2008)
From Steven Davidoff, for Dealbook: Henry Paulson Runs the U.S. Economy Not President George W. Bush, not Federal Reserve Chairman... (Category: Administrative Law)
The SEC's role in Lehman's Disposition (September 15, 2008)
It is, apparently, international (which I bet the chair likes - he says that international work takes up at least... (Category: Administrative Law)
Welcome to the blogosphere, you statist Slatists! (September 15, 2008)
Slate's business site The Big Money launched today (not sure if that was the plan before Thursday, or if it... (Category: Blogs and Blawgs)
Who Can Access the Fed's Discount Window? (September 15, 2008)
AIG wants access to the Federal Reserve's so-called discount window, investment banks already get it, the Fed is planning to... (Category: Bankruptcy)
The Government Lets Lehman Die: Hooray? (September 14, 2008)
Lehman hoped to sell itself this weekend, but the government wouldn't backstop the deal. That means liquidation is nigh, filing... (Category: Bankruptcy)
State Action on Lehman (September 12, 2008)
The WaPo reports that the impending disappearance of Lehman Brothers will, in fact, be managed by federal regulators. Betwixt two... (Category: Administrative Law)
How much of a Supreme Court opinion is lifted from the winning brief? (September 10, 2008)
Can you use plagiarism software to do legal research? I've been exploring the question lately, and so have some others.... (Category: Supreme Court)
Lehman Talking Points (September 10, 2008)
There will probably be more weighing in from these quarters when the Lehman collapse gets legal - i.e., there's a... (Category: Corporate Law)
Frannie Talking Points (September 09, 2008)
The government bailout of Fannie and Freddie is big news, and while you're digesting what has happened and what you... (Category: Economics)
It's Good to Be In Corporate Law (September 07, 2008)
If you haven't seen it already, Bainbridge says Yale wants to pay an HLS corporate law professor $600K to move... (Category: Law Schools/Lawyering)
Can the Treasury Department Bail Out Fannie and Freddie? (September 07, 2008)
The Treasury Department announced a centibillion dollar bailout of Fannie Mae and Freddie Mac today. Can it do that? Your... (Category: Administrative Law)
And the Short Posts Continue (September 02, 2008)
Check out Steven Davidoff's fall deals preview over at DealBook ... if that's the sort of thing you like, I... (Category: M&A)
More on Global Accounting and Australian Harmonization by the SEC (September 01, 2008)
We've got good insights on the SEC and IFRS from commenter MDF here, and from Larry Cunningham over at Concurring... (Category: Securities)
The American Association of Wine Economists (September 01, 2008)
In case you've been wondering where you should spend that last bit of your conference budget, we'd like to note... (Category: Economics)
Global Accounting By 2014? (August 27, 2008)
The SEC announced today that it might mandate that American public companies prepare their returns pursuant to the world's -... (Category: Securities)
The Thirty-Two Workshop Questions (August 26, 2008)
Some folks in the Solicitor General's office think that you best prepare for oral argument by thinking of answers to... (Category: Economics)
DC Circuit Upholds The PCAOB from Unitary Executive Challenge (August 22, 2008)
“The Supreme Court has long recognized that some types of restrictions on Presidential authority within the Executive Branch are permissible,... (Category: Administrative Law)
The Upside of Argument (August 21, 2008)
These days we legal scholars are all a bunch of social science manques, yes, but sometimes vague memories of practice... (Category: Business Ethics)
Should You Take Antitrust? (August 17, 2008)
Josh Wright considers the question here. He says the subject can be about exciting smoke-filled rooms. Maybe those rooms are... (Category: Antitrust)
The Conglomerate Measures Its Assets (August 15, 2008)
When I first guested on this blog, I checked out its value on this oh-so-reliable calculator. If you didn't think... (Category: Blogs and Blawgs)
WilmerHale gets woodsheded for excessive fees (August 13, 2008)
Superactive District Court Judge Royce Lamberth has just slashed WilmerHale's fees on a big qui tam case (they got a... (Category: Administrative Law)
Early Sovereign Debt: The English Navy (August 13, 2008)
I’ve been reading NAM Rodger’s The Command of the Ocean, the second volume of his naval history of Britain, partly... (Category: )
The Biggest Case Ever Goes Away for Half a Billion? (August 07, 2008)
One of the longest running cases against the government, the Cobell Indian litigation, in which government incompetence in administering trust... (Category: Administrative Law)
If The Conglomerate Purchased a Law School (August 02, 2008)
The Volokh team has considered its cite counts as if it were a faculty, Florida State has done the same,... (Category: Law Schools/Lawyering)
Cuil (July 30, 2008)
Have you tried Google's big new competitor yet? I ran a few searches, and was surprised at the different stuff... (Category: Internet)
"After 7 Years, Talks on Trade Collapse" (July 29, 2008)
Can it be true that the Doha Round is dead? Or is this just yet another "I really mean it,... (Category: Globalization/Trade)
Job Announcement: Wharton Legal Studies (July 29, 2008)
In case those of you on the employment lookout haven't seen this, do give it a read. And please get... (Category: Law Schools/Lawyering)
The Black Swan, by Nicolas Nassim Taleb (July 21, 2008)
This book refuses to come out in paperback, so I plunked down hardcover cash for it and read it on... (Category: Books)
Restraints on Trade (July 19, 2008)
I'm piping in from Europe briefly to point you to the Sunday Times's article on the best paid London lawyers.... (Category: Europe)
Cunningham on the Financial Regulation Revolution (July 10, 2008)
Valued Glom guest Larry Cunningham is over at Concurring Opinions for a spell, and his post on what the Paulson... (Category: AALS)
The Most Amended Statutes in America (July 08, 2008)
I decided to see how often the Internal Revenue Code and Immigration and Nationality Act have been amended of late.... (Category: Taxation)
Maybe We Don't Need Paulson's Blueprint: The SEC and Fed Agree to Get Along (July 07, 2008)
Agencies that want to formalize their cooperation with one another don't conclude treaties, and they don't pass regs. They sign... (Category: Administrative Law)
Law: Through the Prism of the New Deal Bureaucracy (July 06, 2008)
Have you seen Dan Ernst's excellent series of posts on the evolution of American bureaucracy at the Legal History blog?... (Category: Administrative Law)
"Accounting Plan Would Allow Use of Foreign Rules" (July 05, 2008)
The Times gets wind of, and gives big play to, accounting standards harmonization on a slow news day. Tea leaf... (Category: Accounting)
Will Lehman Go The Way of Bear Stearns? (July 03, 2008)
Jonathan Weil expresses some confusion about Lehman's latest survival strategy; I'm keeping my eye on how the Fed and the... (Category: Business Organizations)
Empirical Research in International Economic Law (July 03, 2008)
I've got a post up at Opinio Juris responding to Susan Franck's essay on the promise of empirical research in... (Category: Globalization/Trade)
Welcome to the Blogosphere, Findandreplace! (July 02, 2008)
The very smart Bernadette Meyler (who does public law and law and humanities at Cornell) has started blogging at the... (Category: Blogs and Blawgs)
The DOJ Hiring Scandal - the Litigation (July 01, 2008)
We pointed you to the hiring scandal at DOJ; now here come the "viewpoint discrimination" lawsuits. The first doesn't look... (Category: )
Driver's Ed (July 01, 2008)
My august employer self-insures, so all employees must take a driver’s education test if they plan to use vehicles on... (Category: Miscellany)
The SEC Moves to Exempt Foreign Broker Dealers From Some More Requirements (June 27, 2008)
The SEC's latest "We're Internationalizing!" proposal was released today, concerning foreign broker-dealers. Here's the overview: To reflect increasing internationalization in... (Category: )
Plains Commerce Bank v. Long Family Land and Cattle Co. (June 25, 2008)
I told you that standing is an obsession of far too many federal judges these days, and John Roberts, whatever... (Category: Supreme Court)
The Exxon Punitive Damages Case: Wacky, then Cheering for Corporations (June 25, 2008)
It is hard to know why Justice Souter spent a long time explaining the issues involved in figuring out whether... (Category: )
Does DOJ Now Hire Politically? (June 24, 2008)
Has the Department of Justice started hiring people based on their political affilation? It's long been rumored, now the department's... (Category: Business Ethics)
Sprint v. APCC Services (June 23, 2008)
In APCC Services, the Supreme Court today held that assignees of claims had standing to pursue those claims in federal... (Category: Constitutional Law)
Co-Authors at War in the CSX Dispute (June 19, 2008)
Bernard Black and Henry Hu, colleagues at the University of Texas, and authors of an interesting article on empty shareholder... (Category: M&A)
Are Event Studies About Legal Changes Limited to Litigation? (June 18, 2008)
The event studies that I see most often track changes in stock prices given changes in other events of interest.... (Category: Economics)
How Can We Stop Big Banks From Blowing Up? Basel Weighs In (June 17, 2008)
The Basel Committee on Banking Supervision released for comment its latest set of principles for managing big banks. It's all... (Category: Administrative Law)
The Couple Brings The Science (June 04, 2008)
Aren't Jack and Suzi Welch pretty rare? He - well, you know who he is. She - the former editor... (Category: Businesses of Note)
OFAC loses a rare round (June 01, 2008)
Complying with those regulations in the war on terror designed to cut of financing to the bad guys has proved... (Category: Administrative Law)
Please Welcome Guest Blogger Marjorie Florestal (June 01, 2008)
For the next couple of weeks, we're delighted to welcome Marjorie Florestal to the Glom. She is an international economic... (Category: Administrative)
The Basel Committee: A Reason for Reorg and Hope for the Future (May 28, 2008)
Treasury Secretary Henry Paulson's blueprint for reorganizing the financial regulators, which we've been looking at recently, seems to esteem the... (Category: Administrative Law)
Should Markets Care When the Supreme Court Interprets Statutes? (May 26, 2008)
You might think not. After all, according to the Spaeth database of Supreme Court decisions, the Court spends much of... (Category: Supreme Court)
Paulson's Reorg Blueprint: The Rhetorical Pitch (May 23, 2008)
We're still keeping an eye on the pace of the reorganization of the financial regulatory structure over here, and I... (Category: Administrative Law)
How to Write Blog (May 21, 2008)
I assume this Gawker Media style guide is new to our readership. I know I learned something. For one thing,... (Category: Blogs and Blawgs)
The Love Song of the Delaware Court of Chancery (May 20, 2008)
From The HLS Corporate Governance Blog: Let us rule then, you and I, When there’s theft of corp’rate opportunity Like... (Category: Legal Theory)
The Top Ten Corporate Law Articles of the Past Year (May 20, 2008)
The Corporate Practice Commentator has concluded its annual survey of articles in corporate law ("Teachers in corporate and securities law... (Category: Legal Scholarship)
CFIUS: Administrative Law Meets Deals (May 19, 2008)
We've blogged a bit about CFIUS here - it is the committee process that vets deals for national security implications.... (Category: Administrative Law)
Time To Worry About Your Shorts on Blockbuster? (May 16, 2008)
We can all keep shorting Iceland - the country just got a pretty small bailout from other Scandanavian central banks.... (Category: Economics)
Book Review: Mergers and Acquisitions, by Dana Vachon (May 13, 2008)
Vachon’s novel is an absurdist roman a clef about an incompetent junior analyst at a stand-in for JPMorgan’s M&A group.... (Category: Books)
Fake Steve Jobs: Efficiency is Overrated (May 12, 2008)
If you haven't seen it, this takedown of Dell Computer is a little business classic. (Category: Businesses of Note)
Does SOx Protect Mutual Fund Whistleblowers? (May 10, 2008)
The idea will no doubt send shudders through the sleepiest corners of the securities industry. But the Globe reports that... (Category: Securities)
The Glom Extends Its Hold Over the SEC (May 07, 2008)
Congratulations to Troy Paredes, Washington University Law School professor and the next nominee to be commissioner of the SEC. Troy... (Category: Securities)
Links! (May 06, 2008)
Classes My Top-Tier Law School Should Have Offered as Warnings About the Profession here. Who invented globalization? Here. How did... (Category: )
End of the Week Non Business Blogging (May 02, 2008)
I recently had a look at Richard Posner's and William David Landes's new statistical analysis of judicial ideology. Basically, the... (Category: Supreme Court)
SEC Delays: The Charts (May 02, 2008)
Thanks to Glom guest Don Clarke, here are the charts alluded to in my prior post. (It's a matter of... (Category: )
The SEC slows down (April 30, 2008)
Not sure if it's because of a dearth of commissioners, because there's apparently a global financial crisis going on, or... (Category: Securities)
The Future of Law and Economics (April 29, 2008)
Josh Wright weighs in interestingly here. Meanwhile, Ngan Dinh collects advice for young economists here (HT: ND). I find the... (Category: Law & Economics)
Is Short-Selling Actually Bad? (April 28, 2008)
After the SEC went after a short seller for spreading false rumors - unprecedented, apparently - it's worth looking to... (Category: Finance)
The SEC: If We Didn't Have Specific Sovereign Wealth Fund Tools, We'd Still Have Something (April 24, 2008)
Ethiopis Tafara, the SEC's international chief, testified today that: the SEC has in place several rules that require disclosure of... (Category: Securities)
The Wisdom of Warren Buffett (April 23, 2008)
Coming out just in time for Berkshire Hathaway's annual meeting: the second edition of The Essays of Warren Buffett, by,... (Category: Books)
The Criminals Are After Our Markets (April 23, 2008)
AG Michael Mukasey suggested today that organized crime is taking over our financial markets. He dropped the word "billions." But... (Category: Crime Generally)
The Times Looks At Credit Rating Agencies (April 22, 2008)
Roger Lowenstein, the NYT's ace long-form business reporter, will dig deep into credit rating agencies in next week's magazine. Probably... (Category: Finance)
William Easterly: Really Not a Fan of the World Bank (April 21, 2008)
William Easterly thinks that “home grown” development solutions, attempted by local leaders through “trial and error” are the only solutions... (Category: Economics)
Basel Offers Its Own Solutions to the Financial Crisis (April 16, 2008)
We've told you that the Basel Committee is the standard setter on bank capital adequacy, and an international institution that... (Category: Administrative Law)
We Might Be Thousandaires (April 15, 2008)
Wall Street 24/7 tells us what the biggest blogs are worth ($150 million for Gawker, down to $860 thousand for... (Category: Blogs and Blawgs)
Meet Robert Steel (April 15, 2008)
The Times profiles Robert Steel, mid-level Treasury bureaucrat, and Paulson’s point man on regulatory reform, and it puts the question... (Category: Administrative Law)
ASIL Tries to Explain What You Need to Know About CFIUS (April 11, 2008)
I've been wondering about what, exactly, the law enforced by CFIUS is, Paul has been wondering about sovereign wealth fund... (Category: Administrative Law)
What, Exactly, Can Foreign Sovereigns Purchase in America? (April 11, 2008)
With the investments of sovereign wealth funds in the United States being big news, it is worth spending a little... (Category: Administrative Law)
If the SEC Depends on Its Reputation, The Times Isn't Helping (April 08, 2008)
On the one hand, it seems like an evergreen story, like "Diplomats Consider the Growing Power of China," or "Nation... (Category: Securities)
Book Review: The Opposite of Love, by Julie Buxbaum (April 07, 2008)
The Opposite of Love is a standard “woe betide the wealthy young lawyer” tale, a subject on which I’m something... (Category: Books)
The Most Important Article You Will Read About Bear Stearns (April 04, 2008)
is here. God bless that venerable institution. Here's Mark Thoma and Ed Glaeser, et al. debating whether the imposition of... (Category: Securities)
The Fed Goes to the Hill, The SEC and SIFMA think about regulatory reform (April 02, 2008)
We'll be interested to see how the Fed and New York Fed chairs handle inquiries about Bear Stearns during two... (Category: Administrative Law)
Too Big To Succeed? Washington Weighs in on Paulson's Plan (March 31, 2008)
The Washington Post reports on opposition to the big financial institution reorganization. Is this thing already dead? Maybe, but the... (Category: Administrative Law)
The Big Reorg (March 31, 2008)
Can Treasury really reorganize American oversight comprehensively - and extend supervision to investment banks and maybe even hedge funds? Here... (Category: )
Turf, Policy, and The Treasury Department's Financial Regulation Overhaul (March 31, 2008)
Following Gordon's post on the long term vision of the Paulson proposal, one of my rules of administrative law thumb... (Category: Administrative Law)
The SEC Justifies Its Bear Stearns Supervision to Basel (March 28, 2008)
After Bear went south, the Basel Committee on Banking Supervision announced that it would be revisiting its "Sound Practices for... (Category: Securities)
The SEC describes the way forward for mutual recognition (March 27, 2008)
The SEC hasn't abandoned its ever faltering mutual recognition efforts for foreign regulators and the markets they supervise. The last... (Category: Accounting)
Paulson: Now We Regulate the I-Banks (March 26, 2008)
The regulatory fallout of the Bear Stearns bailout just took another interesting twist. Today former investment banker and current Secretary... (Category: Agency Law)
How Does the Fed Have the Legal Authority to Bail out Bear? (March 25, 2008)
In the last week, the Fed has a) engineered a sale of Bear, and b) opened its discount window to... (Category: Agency Law)
Bear Stearns, Regulatory Aggrandizement, and the Average Employee (March 21, 2008)
As regular readers know, I focus on regulatory things, and to me, the big news in the Bear Stearns story... (Category: Securities)
Populism v. Elitism in the Supreme Court (March 20, 2008)
After the Times's article claiming that the Supreme Court has become more pro-business, Rick Hills gives us a fascinating take... (Category: Supreme Court)
Do articles about the professoriate get downloaded? (March 19, 2008)
Do articles about the professorial profession get particularly downloaded? Gordon and I speculated that the answer was yes, and Jeff... (Category: Legal Scholarship)
How to Lateral (March 17, 2008)
A break from Bear Stearns - though can you believe that a firm with a sweet skyscraper in Manhattan, if... (Category: Law Schools/Lawyering)
Bear Stearns (March 14, 2008)
It's amazing to think that the fifth largest investment bank in the US could basically disappear in a day, or,... (Category: Securities)
Punching In, by Alex Frankel (March 14, 2008)
In Punching In, Alex Frankel took a bunch of different front-line jobs with massive American companies (for instance, at The... (Category: Books)
Spitzer, Politicians, and Affairs: A Number Ain't A Comparison (March 11, 2008)
The Times asks: what is it about politicians and affairs? And then it lists a bunch of politicians who have... (Category: Politics)
What is Shareholder Voting Supposed To Do? (March 11, 2008)
Ever since an investor in Mylan acquired sufficient hedged shares from investment banks to tip the vote in favor of... (Category: Corporate Governance)
Young, In Washington, and on a Blog (March 10, 2008)
Just when you thought that blogs might be getting a little stale - I've been reading them for years now,... (Category: Blogs and Blawgs)
The Besieged Goolsbee on Why People Don't Like Economists (March 05, 2008)
After Obama advisor and Chicago economist Austan Goolsbee made the news for his off-the-cuff, disputed, but quite plausible comments to... (Category: Economics)
The SEC Wants Us To Do Cross-Border Research - But Not Via Company Websites (March 03, 2008)
In the midst of a laundry list of proposed changes for foreign issuers filing in the US - my rough... (Category: Securities)
The OCC Calls on Basel to Revisit Subprime (March 01, 2008)
John Duggan, the Comptroller of the Currency, just called on the Basel Committee to re-think how much it would count... (Category: )
Has SSRN Been Hacked? (February 26, 2008)
My colleague Andrea Matwyshyn noticed that a couple of her papers up on SSRN had been retagged as published during... (Category: SSRN)
Has Financial Globalization Gone Too Far? (February 26, 2008)
While we're on the subject of the would-be governors of financial globalization, let me point you to Frederic Mishkin's anodyne... (Category: Globalization/Trade)
Prison for the NatWest Three (February 23, 2008)
We've discussed the NatWest three often on the blog, and it looks like they've reached the end of the road,... (Category: Enron)
What Will the Bank Supervisors Do About the "Liquidity Crisis"? (February 22, 2008)
I study international regulators like the Basel Committee on Banking Supervision because they matter today and will matter even more... (Category: Agency Law)
Cheese Week is the Best Kind of Week (February 19, 2008)
Gordon is in Wisconsin, conducting a survey of cheeseries, and I think it's fair to say that some people associated... (Category: Cheese)
International Economic Law Grab Bag (February 15, 2008)
Iceland is thinking of unilaterally, and uninvitedly, adopting the Euro, which, if it happens, will put the Mid-Atlantic firmly in... (Category: Globalization/Trade)
Ray Fair has a Cool Website (February 14, 2008)
Faculty profiles are interesting and all, but they're even better when they let you to predict your marathon times as... (Category: Economics)
Hey, It Could Happen (February 13, 2008)
Justice Scalia on tough questioning: "Is it really so easy to determine that smacking someone in the face to determine... (Category: Politics)
The SEC doesn't like Sovereign Wealth Funds Either (February 08, 2008)
You'd think that most countries would be happy to get fresh billions in foreign investments. But that hasn't been the... (Category: Securities)
Welcome to the Blogosphere, Faculty Lounge! (February 07, 2008)
There's a new law professor blog up, The Faculty Lounge, involving Dan Filler, Laura Appleman, Al Brophy, and others. Looks... (Category: Blogs and Blawgs)
The D C Circuit: Slicing and Dicing Environmentalists And Their Claims (February 06, 2008)
If you want to see just how complex it gets in the D.C. Circuit, check out today's grant of a... (Category: Agency Law)
We Don't Do Politics, But We Do Do Blog (February 06, 2008)
We tend to steer away from political coverage here at the Glom, but Super Tuesday was worth some toe dipping.... (Category: Politics)
More on Hedge-Fund Self-Regulation: A Verret Proposal (February 04, 2008)
Last week, we took a look at the Hedge Fund Working Group's proposed self-regulatory best practices. JW Verret has his... (Category: Hedge Funds)
Keeping Up With The Volokhs (January 31, 2008)
Orin Kerr reports on the generally increasing number of citations to the Volokh Conspiracy in Westlaw's JLR (that's its journals... (Category: Legal Scholarship)
SocGen and Basle (January 30, 2008)
The Basle Committee on Banking Supervision - composed of reps from the 12 most important central banks - was started... (Category: Agency Law)
Down, Out, and Empirically Interesting (January 29, 2008)
The Times is right: bail bonds are weird. “It’s a very American invention,” John Goldkamp, a professor of criminal justice... (Category: Contracts)
The Hedge Funds Self-Regulate (January 25, 2008)
The Hedge Funds Working Group, a British-led endeavor, has come out with both a defense of hedge funds (we hedge!... (Category: Hedge Funds)
Should Government Officials Buy Private Insurance? (January 24, 2008)
Suing senior government officials in their personal capacity is all the rage these days. Valerie Plame is doing it. Jose... (Category: Agency Law)
A Monstrous Settlement for a Former Monster (January 23, 2008)
The latest backdating victim: the former CEO of Monster.com, Andrew McKelvey. McKelvey can no long serve as an officer of... (Category: Securities)
Increased Risk Isn't Sufficient (January 23, 2008)
One question vexing courts and regulators is what to do about people who allege that a regulation of, say, toxic... (Category: Agency Law)
Makor Issues v. Tellabs: Posner on Remand (January 17, 2008)
Tellabs is the Private Securities Litigation Reform Act case that the Supreme Court heard last year, and remanded to the... (Category: Securities)
Early Reactions to Stoneridge (January 15, 2008)
Looks like a win for corporate America, here's Scotusblog with an overview, here's Elizabeth Nowicki with a dissent, some cavils,... (Category: Securities)
We're Probably All Founding Websites As We Speak (January 13, 2008)
The Times reports on a Canadian guy whose volunteer-staffed dating website garners him $10 million a year for 10 hours... (Category: Blogs and Blawgs)
In Case You Missed It (January 11, 2008)
Dave Hoffman has an insightful post on the future of corporate law scholarship here. He explores a few schools of... (Category: Blogs and Blawgs)
The Ten Most Highly Compensated CFOs Last Year (January 10, 2008)
Securities Mosaic has compiled a list of the ten highest compensated CEOs and CFOs last year. Among the CEOs are... (Category: Corporate Governance)
The Blogosphere Comes to the Defense of the Beleaguered Economist (January 10, 2008)
Economists love prediction markets and, perhaps not totally relatedly, are often put in charge of Latin American countries. But political... (Category: Economics)
Then We Came to the End (January 06, 2008)
Then We Came to the End, by Joshua Ferris, is getting about as many accolades as that Wondrous Life of... (Category: Books)
Iowa Nice? (January 03, 2008)
In honor of my state of origin, site of the first caucuses, I'd like to clear up something about "Iowa... (Category: Politics)
Back to CALI (January 03, 2008)
Christine, Vic, Gordon, and I wish you a hello from the CALI display at the AALS meeting. Said booth is... (Category: )
Getting Things Done in the New Year (January 02, 2008)
Liz Glazer has a great post on a self-help gambit - the sort of thing that is always popular in... (Category: Management)
Happy Xmas From The Glom! (December 25, 2007)
It will be quiet around here, and around most places, we expect, over the next couple of days. Sure, the... (Category: Miscellany)
Cerebus: It's Tough to Get Specific Performance (December 24, 2007)
URI has lost its attempt to get Cerebus Capital to follow through with a merger that looked, at least to... (Category: Corporate Law)
And now its final final: The SEC adopts IFRS (December 21, 2007)
As things quiet down for the holidays, the short posts keep coming. The SEC has released the text of the... (Category: Securities)
Should the Kennedy School Merge With the Department of Government? (December 21, 2007)
Since we're talking about Harvard, see the anomie-ridden vision of such a merger here. Funny! Dani Rodrik, Henry Farrell, and... (Category: Empirical Legal Studies)
The DC Circuit Gets Busy (December 21, 2007)
The DC Circuit doesn't work during the summer, and didn't get out its first opinions until October. This workload is... (Category: Agency Law)
You're Not Gonna Believe This, but Academics Sometimes Use Research Assistants (December 19, 2007)
Somewhat late to the party, I'll point our good readership to 02138's takedown of Harvard professors with predilections for research... (Category: Legal Scholarship)
Andrew Carnegie - Making Capitalism Look Easy (December 17, 2007)
Andrew Carnegie was poor when he came to America at age 12, but by age 30 he was one of... (Category: Books)
Who to Hire To Resolve Your Disputes (December 12, 2007)
Who should you hire to arbitrate your way out of a terrible international deal? It's all about Freshfields and Sherman... (Category: Globalization/Trade)
The Latest on Appeal (December 11, 2007)
It's quite difficult for a non-criminal law person to understand what's going on with the Blakeley and Apprendi line of... (Category: Current Affairs)
Bad Movies: Good Movies That I Hated (December 07, 2007)
Because I see a zillion movies in the theater, and because I assure you that my standards are not high,... (Category: Popular Culture)
Judges Sometimes Like to Be Bureaucrats (December 05, 2007)
When Adam Liptak wrote about the willingness of judges to play the role of charitable donors with left over class... (Category: Small Business)
oPtion$, by Daniel Lyons, over at Prawfsblawg (December 04, 2007)
I told you guys I read the book, now go read the review - and even better, get a chance... (Category: Blogs and Blawgs)
Should SUNY Binghamton Start a Law School? (November 29, 2007)
While Brian Tamanaha bemoans the surplus number of JDs out there, SUNY Binghamton is planning to start a law school.... (Category: Law Schools/Lawyering)
Tom Perkins: Your Audio Clip of the Day (November 28, 2007)
For those, like me, who prefer to take in some of their information aurally, Tom Perkins discusses Sarbanes-Oxley, CEO compensation,... (Category: Entrepreneurs)
Maybe You Should Finish Filling in Those Footnotes (November 25, 2007)
Jack Chin surveys the number of published articles with footnotes explaining "need cite." Seems kinda embarrassing, I know. But rather... (Category: Legal Scholarship)
What I've Been Reading (November 21, 2007)
Of late, I've been focusing my reading on James Beard recipes for turkey, stuffing and creamed spinach. But during the... (Category: Books)
Christopher Cox Gets In Touch With His Inner Samurai (November 19, 2007)
SEC Chair Christopher Cox applies the lessons of Japanese feudal history to international securities regulation: [Tokyo] was a castle city... (Category: Securities)
The SEC Adopts IFRS (November 15, 2007)
It's official enough to warrant a press release. The SEC just voted to permit foreign companies to comply with SEC... (Category: Securities)
Conglomerate Books: FIASCO and Derivatives: Thanks! (November 15, 2007)
Thank you, readers, for tolerating our look at current derivatives through the lens of Frank Partnoy's earlier work. And thanks... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: Frank Partnoy (November 15, 2007)
Frank Partnoy Many thanks to Matt and Chuck for such thoughtful comments, and again to David. I'll just make two... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: Comments from Charles Whitehead (November 15, 2007)
Charles Whitehead FIASCO is a great read. Like Matt, I put it in the genre of a Liar’s Poker (something... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: Comments from Matt Bodie (November 14, 2007)
Matt Bodie I wanted to start my comments with a brief note on the title of FIASCO – or, should... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: More From Frank Partnoy (November 12, 2007)
Frank Partnoy OK, I have to admit that FIASCO looks quaint by comparison to the recent subprime and CDO meltdown.... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: Frank Partnoy Responds (November 12, 2007)
Frank Partnoy First, many thanks to David for exhuming FIASCO. I'm flattered and am reminiscing now about all the criticism... (Category: Books)
Conglomerate Books: FIASCO and Derivatives: The Critics (November 12, 2007)
Because we certainly don’t want this Conglomerate mini-book group to be some kum-bi-yah group hug, or anything…. …I wondered how... (Category: Books)
Conglomerate Books: FIASCO and Derivatives Trading: Setting the Scene (November 12, 2007)
After graduating from Yale Law School, Frank Partnoy took two jobs as a derivatives trader, first with First Boston, and... (Category: Books)
The Second FIASCO Teaser (November 09, 2007)
Remember that next week, we'll be reading Frank Partnoy's FIASCO and think about what it has to tell us about... (Category: Books)
The Best Available Science (November 08, 2007)
Lawyers are often accused of botching the science, but if anything, it looks to me like the lawyers for Merck... (Category: Torts)
FIASCO Ten Years Later - Next Week's Conglomerate Mini-Book Club (November 06, 2007)
A decade ago, Frank Partnoy wrote FIASCO, an "I was there" story about derivatives trading and its discontents in the... (Category: )
The Mercenary Business (November 06, 2007)
Consider the warlike Fijians: "Since 1978, Fiji has outsourced more than 25,000 troops to the UN, the British Army and... (Category: )
The Developing World Cottons on to Anti-Dumping (November 01, 2007)
Anti-dumping - or slapping tariffs on imports because their prices are too low - is thought to be one of... (Category: Globalization/Trade)
I Still Say The Chancery Court Isn't So Specialized (October 30, 2007)
I’ve been feeling a bit guilty since July, when I speculated that the Delaware Chancery Court might only devote 15%... (Category: )
Briefly, Briefly (October 29, 2007)
The D C Circuit still is pretty quiet, but today it turned away a union challenge to a smoking ban... (Category: Miscellany)
Harvard, Poker, and the WTO (October 23, 2007)
Harvard Professor Charlie Nesson loves poker so much, he thinks it should be taught to adolescents. Harvard Professor Alan Dershowitz... (Category: Globalization/Trade)
The Financial War on Terror Loses Another Round (October 22, 2007)
After 9/11, the government shut down the largest Islamic charities in the United States on the theory that some of... (Category: Crime Generally)
News For Arbitration Fans (October 18, 2007)
What exactly do you have to arbitrate in a contract dispute with an arbitration clause? In light of the House... (Category: Globalization/Trade)
Obit (October 16, 2007)
Bob Denard, recidivist overthrower of African governments, was Exhibit A in the case for the fragility of the state structure... (Category: Miscellany)
Adventures in Canadian Telecom (October 15, 2007)
Sprint-Nextel is the third largest American mobile phone network. And it is beating the tar out of the not-likely-to-last-forever Vonage... (Category: Business Organizations)
Stoneridge Oral Argument: Some Links (October 10, 2007)
After oral argument in Stoneridge Investment Partners v. Scientific Atlanta, most observers are predicting at least five votes against the... (Category: Securities)
Tie Your Hands (October 09, 2007)
Using international agreements to bind yourself to the mast is a popular theory among social scientists these days. Andrew Moravcsik... (Category: )
Microtrends in Trade Law (October 08, 2007)
South Korea is a surprisingly active player in the WTO (the most active are the US and EU, China also... (Category: Globalization/Trade)
Yay! The First D C Circuit Opinion of the Season! (October 02, 2007)
The regulation-skeptical judges Henderson, Randolph, and Brown today claimed the first victim of the D.C. Circuit's new year, in a... (Category: Rules & Standards)
Fair Trade, Free Trade (October 02, 2007)
Dani Rodrik is the development economist who likes to zig where everyone else zags. He appears to think that Korean,... (Category: Globalization/Trade)
A Month of No Opinions (September 28, 2007)
It's official. The DC Circuit took the month of September off. (Category: Environment)
Name That Organization (September 26, 2007)
Interesting interview with a very busy CEO selling some pretty desirable content: The content is global: "International TV rights were... (Category: Contracts)
The Rhythms of Appellate Courts (September 25, 2007)
The good people behind Scotusblog have said that they have a hard time posting daily between July and October, when... (Category: Loose Ends)
Empirical Research (September 20, 2007)
What would happen if you only wore clothes from International Male? What is the social life like in DC? What... (Category: Miscellany)
Microsoft loses in Europe - again (September 17, 2007)
In a decision that suggests that Europe and America haven't yet managed to apply the same antitrust standards to companies... (Category: Antitrust)
Cunningham & LaCroix on How to Save Accounting Firms (September 13, 2007)
Accounting firms may face catastrophic liability if they certify the returns give unqualified audit opinions before another Enron-style collapse. And... (Category: Accounting)
Read Lately On Regulation (September 13, 2007)
On nonregulation: Gary Becker and Richard Posner consider pollution in China: Posner says we need to pay the Chinese off,... (Category: Securities)
In the Money with a Masters Program (September 13, 2007)
Master's degrees used to be the red headed stepchildren of higher education. Neither here nor there, uncraved by employers and... (Category: Law Schools/Lawyering)
Does Migration Beget Freedoms? (September 11, 2007)
Does globalization create races to the bottom or the top? David Law suspects that in at least one area, the... (Category: Globalization/Trade)
We Have An Intellectual Godfather (September 07, 2007)
Vic testifies before Congress again, and all of a sudden to Dealbreaker, he's "the intellectual godfather of private equity tax... (Category: Administrative)
The Big Reveal at Apple (September 06, 2007)
Steve Jobs rents the Moscone Center, calls everyone in for the show, and then announces he's slashing the iPhone price... (Category: Businesses of Note)
The Faltering Regulation of Sin (September 03, 2007)
The always insightful Simon Lester observes that the latest sin case that the WTO may take up (we’ve already told... (Category: Rules & Standards)
The Law of Tomato Season (August 30, 2007)
New Yorkers love their greenmarket produce. And rightly so this time of year, though the commitment to local gardens makes... (Category: Rules & Standards)
What is the most cited case by ICSID tribunals? (August 29, 2007)
International tribunals theoretically don’t follow precedent. But in reality, they cite prior decisions all the time making the conventional aphorism... (Category: Globalization/Trade)
Why are economists so great? (August 26, 2007)
Greg Mankiw gets a mash note from a medical student asking: why are economists so great? They’re better in seminars,... (Category: Law & Economics)
The Poetry and Influences of Rihanna (August 24, 2007)
Since Daniel Drezner is Rihanna-blogging, I think it’s worth noting that “Shut Up And Drive” is both my kind of... (Category: Popular Culture)
Antigua v. US (Internet Gambling) - The Times Weighs In (August 23, 2007)
People who have been following the Antigua/US internet gambling case won't find much new in the Times' recent wrap. Antigua... (Category: Globalization/Trade)
Which Professors Get to Be International Arbitrators? (August 23, 2007)
Susan Franck and Jeffery Commission are my go-to sources for information on the exploding universe of investment arbitration claims against... (Category: Globalization/Trade)
It Turns Out That Microsoft Products Are Needlessly Complicated (August 16, 2007)
Gordon has been cautious in evaluating the new Microsoft suite of everything. But I feel the same way about it... (Category: Technology)
What I’ve Been Reading in Regulation (August 15, 2007)
The NRDC is having a good month, what with the injunction against the use of sonar by the navy in... (Category: Rules & Standards)
When you cross FinCEN, you pay $65 million (August 13, 2007)
American Express just paid the latest massive fine assessed by the Financial Crimes Enforcement Network and its friends in the... (Category: Finance)
European Accounting in America? The Concept Release (August 08, 2007)
The SEC has issued a concept release [UPDATE: text of the release is here] inviting interested parties to consider whether... (Category: Securities)
The Summer Movie Learns How To Film The Computer (August 08, 2007)
Nothing used to be more boring than a movie involving computer technology. Movie stars, or, more likely, their quippy sidekicks,... (Category: Miscellany)
The Intl Reg Grab Bag (August 06, 2007)
We’re not afraid to be servicey here at the Glom. Perhaps you’ll indulge me in the occasional round up of... (Category: Loose Ends)
Baldwin on Plame (August 03, 2007)
It's a bit off topic, but Alec Baldwin, incredibly brilliant star of the incredibly brilliant 30 Rock, is exploring what... (Category: Miscellany)
Qwest pays its $250 million fine this week (August 01, 2007)
The SEC is crowing about the distribution this week of a quarter of a billion dollars to Qwest (hate that... (Category: Securities)
The Wall Street Journal and Trustee Obligation (August 01, 2007)
Following the decision to sell the Wall Street Journal has been fun, dynastic, twisty, public, and now over. Rupert Murdoch... (Category: M&A)
The Economy is Global, Right? (July 28, 2007)
Careful readers of the blog may have noticed that I'm quite interested in globalization, particularly the globalization of regulation. But... (Category: Globalization/Trade)
More Dynasties, Less Harmonization (July 25, 2007)
Late to the party, I'll note only that yet another dynastic corporate law enterprise (this time it is Viacom) is... (Category: Corporate Governance)
What I've Been Reading (July 25, 2007)
Hospitals find consent bothersome. The WTO doesn't make transparency easy. Everyone is joining us in Berlin these days. (Category: Miscellany)
Secrecy, Berliner Style (July 25, 2007)
I've just returned from spectating at my first panel at the Law and Society conference in cloudy Berlin (cloudy and... (Category: Organizational Theory)
The Business Canon (July 23, 2007)
What goes into the canon of popular business literature? I've read a bunch of business books, but many of them... (Category: Books)
Blogging Goes International: The Berlin LSA Happy Hour (July 19, 2007)
Join your friendly bloggers at Conglomerate, along with others from Prawfsblawg and Opinio Juris, for a LSA annual meeting drink... (Category: Travel)
Regulator School (July 15, 2007)
UK's securities regulator has created The International Centre for Financial Regulation in London, and the chairman of Standard Chartered is... (Category: Securities)
How Specialized Are Our Specialized Courts? (July 13, 2007)
Just what proportion of the cases in the Delaware Chancery and D C Circuit play to the strengths of those... (Category: Delaware)
How Unstable are the US, Australia, and Ghana? The Answer May Surprise You (July 12, 2007)
The World Bank came out with its latest report on corruption and governance, including a handy, Robert Parker-like one hundred... (Category: Globalization/Trade)
Scooter Libby as an agent of the very public corporation (July 09, 2007)
When should we personally sanction government officials? It's obviously an interest of mine. Here's Reiner Kraakman on when we might... (Category: Administrative)
The Lion in Winter (July 06, 2007)
As your go to source for family business gossip, and lengthy Sunday profiles of business titans, I would be remiss... (Category: Businesses of Note)
Libby's Commute (July 02, 2007)
It wasn't on a Friday at 7, and it wasn't on July 3d, but it's a holiday week, and Scooter... (Category: Crime Generally)
The Remedy Hangover (June 29, 2007)
Many have weighed in on the school desegregation cases, and their resolution, of course, is not a business subject. But... (Category: Supreme Court)
Business Dynasties (June 28, 2007)
I recently finished listening to the pretty slapdash Dynasties, which is David Landes' take on family businesses, beginning with the... (Category: Books)
Wilkie v. Robbins (June 25, 2007)
The Supreme Court today declined to permit citizens to file claims against individual government officials or conspiracies of the same... (Category: Administrative)
Then There Were Two [Accounting Standards] (June 25, 2007)
Fred notes that the SEC has, in fact, permitted foreign companies that list in the States to report their results... (Category: Securities)
Run It Like a Business (June 21, 2007)
Politicians like Mitt Romney tout their business experiences as a reason for election. Al Gore sought to reinvent government to... (Category: Organizational Theory)
L School to B School (June 20, 2007)
As you've already heard, I'm moving from Washington & Lee's law school to Wharton's business school (with, to make things... (Category: Law Schools/Lawyering)
Billings v. Credit Suisse (June 19, 2007)
Yesterday, the Supreme Court held 8-1 that the SEC's legislative authority to regulate offerings precludes facially plausible antitrust suits against... (Category: Securities)
The Washington Investigation and What It Means For Your Firm (June 18, 2007)
As the SEC gears up for a big announcement on accounting standards, it is worth remembering what happens when the... (Category: Crime Generally)
Summer in the Swampland (June 14, 2007)
I'm spending the summer in Washington, DC, which makes sense for someone interested in administrative law. I'm a DC veteran,... (Category: Social Responsibility)
Regulating the Difficult (June 13, 2007)
The prospect for regulators who want to keep track of increasingly complex modern transactions is daunting - so very, very... (Category: )
Fun With Trade in the Blogosphere (June 12, 2007)
Budweiser is an offensively bad and yet also astonishingly bland homage to the rather better Czech lager Budweiser Budvar. The... (Category: Globalization/Trade)
Math is Hard. And Really Lucrative. (June 11, 2007)
Hi everyone, and thanks to Christine for the welcome. It's nice to be back at the Glom, where I can... (Category: )
Pitching (November 03, 2005)
It’s been delightful to guest-stint on this here Conglomerate over the past fortnight. I’ve had a chance to weigh in... (Category: Administrative)
Black and White All Over (November 03, 2005)
Student-run law reviews generally don’t operate through blind review. But should they take recommendations from their faculty? How much of... (Category: Legal Scholarship)
How Like An Accountant Ought a Lawyer Be? (November 02, 2005)
Should “proactive” duties on be imposed on lawyers to investigate the financial statements of their clients? After the collapse of... (Category: Accounting)
Enron: How To Guide The Perplexed? (November 01, 2005)
When Ken Lay’s prosecutors and defenders stand up before the judge for the motions to dismiss, and the jury (jury... (Category: Enron)
Will Alito Try To Revive Dead Again Federalism? (October 31, 2005)
I take few doctrines less seriously than federalism. In this I am not alone, of course; conservatives have abandoned federalism... (Category: )
Trying to Get An Earful (October 28, 2005)
On the 19th century business history tip, and on the audioscholarship hobby horse that I like to ride around on,... (Category: Books)
Two quick thoughts about Miers (October 27, 2005)
1. It was refreshing to see an appointment controversy that was actually about the qualifications of the appointee. Appointments in... (Category: Supreme Court)
aural learning (October 26, 2005)
When I’m not reading law review articles in my office, I like to drive around and listen to law review... (Category: White Collar Crime)
How much are Gordon, Vic, and Christine worth? (October 25, 2005)
My three gracious hosts aren’t exactly running The Conglomerate like a business – I eagerly await ads, guys – but... (Category: )
Boeing-Airbus Battle Royale (October 24, 2005)
The biggest trade dispute ever, now underway, shows how different trade law, with its ethic of vaguely proportional revenge, is... (Category: Globalization/Trade)
Managing Caution in a World of Risk (October 24, 2005)
Hi, everyone. In a world where tenure is no guarantee and entry-level work an extremely scarce commodity, how should the... (Category: Law Schools/Lawyering)
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