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10 Feb 2014, 5:35 am by Francis Pileggi
” Professor Steve Bainbridge of UCLA Law School wrote on his popular blog: “I agree that the article’s data calls into question the empirical grounding of the Delaware trilogy. [read post]
1 Feb 2014, 10:22 am by Steve Bainbridge
— Stephen Bainbridge (@ProfBainbridge) February 1, 2014 I got... [[ This is a content summary only. [read post]
31 Jan 2014, 6:34 am by Walter Olson
Bainbridge takes issue with a brief signed by a group of law professors on whether a corporate enterprise can be treated as an alter ego for its owners for purposes of imputing to it their rights (“reverse veil piercing”), and has some further thoughts on the legal principle — sometimes ideologically contested, but seldom in a consistent way — of corporate personhood. [read post]
28 Jan 2014, 3:36 pm by Marty Lederman
As I write these words, the Supreme Court is being inundated with amicus briefs on both sides of the Hobby Lobby and Conestoga Wood cases (more than four dozen, as of 6:00 p.m., with many more to come). [read post]
28 Jan 2014, 10:00 am by Steve Bainbridge
— Stephen Bainbridge (@ProfBainbridge) January 28, 2014 And then I had an ever better idea: @RJCHVZ... [[ This is a content summary only. [read post]
27 Jan 2014, 8:05 pm by Walter Olson
John Fund, Inc. arguing that retreat from “fraud on the market” theory is consistent with modern scholarship on capital market efficiency [John Elwood] and sound statutory construction [Elwood, Bainbridge] Behind the Michigan affirmative action plan in Schuette, including colorful background of litigant BAMN (“By Any Means Necessary”) [Gail Heriot, Federalist Society "Engage"] Court dismisses Mulhall v. [read post]
8 Jan 2014, 8:05 pm by Walter Olson
Legacy of TARP one of cronyism and lawlessness [Mark Calabria, USA Today] NYT assails a couple of academics as mouthpieces for Wall Street, Felix Salmon has a bit to say about that [Reuters, EconBrowser, Bainbridge] Daniel Fisher on a possible tie-in with Times reporter David Kocieniewski’s earlier piece flaying Goldman Sachs over aluminum warehousing [Forbes] “Court Receptive to Overturning SEC’s Conflict Minerals Disclosure Rule” [Fed Soc Blog] … [read post]
8 Jan 2014, 5:52 am by Walter Olson
David Hyman via Stephen Bainbridge: Almost without exception, law professors dismissed the possibility that PPACA might be unconstitutional — but something went wrong on the way to the courthouse. [read post]
6 Jan 2014, 12:30 pm by C. Steven Bradford
Stephen Bainbridge has an excellent post on the need for academics to disclose conflicts of interest--specifically, who's funding their research. [read post]
25 Dec 2013, 2:53 pm by Steve Bainbridge
Prof Murray: Here, Professor Bainbridge kindly asks for my thoughts on Keith Paul Bishop's article Would Hobby Lobby Stores, Inc. [read post]
24 Dec 2013, 11:06 am by Haskell Murray
Here, Professor Bainbridge kindly asks for my thoughts on Keith Paul Bishop's article Would Hobby Lobby Stores, Inc. [read post]
5 Dec 2013, 8:05 pm by Walter Olson
AU Optronics, new Fifth Circuit decision will fuel parens patriae actions by AGs in state courts [Alison Frankel, earlier] Justice Alito blasts federal district judge Harold Baer for insisting on race quotas for class action lawyers [Michael Greve/Liberty Law, Tom Goldstein/SCOTUSBlog] “Unfortunately, even if SCOTUS does away with fraud on the market, plaintiff lawyers will still bring omission cases” [Bainbridge, earlier] Ted Frank’s adventures, as documented at… [read post]
3 Dec 2013, 8:15 am by Eugene Volokh
(Eugene Volokh) (For an introduction to this series of posts, see here.) [read post]
2 Dec 2013, 8:15 pm by Walter Olson
Bainbridge provided an answer to the question both on Twitter (“We treat corporations as people because it is a useful fiction. [read post]
26 Nov 2013, 3:53 am by Walter Olson
[Baltimore Sun, WTOP/Capital] Organized grocery lobby appears to be going quietly, perhaps a misguided strategy since this sets a precedent for yanking familiar ingredients off Generally Recognized As Safe (GRAS) list, and many activists would like to move on to things like sugar next [Bloomberg Business Week, Doug Mataconis/Outside the Beltway, Michelle Minton/CEI, Bainbridge] Switch to palm oil might accelerate deforestation [Scientific American] FDA’s regs implementing Food… [read post]