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From the category archives:

Political

I hate to say I told you so, but….

September 3, 2009

This is what I wrote a while back in my paper "Finding State Action When Corporations Govern" (last revised April 15, 2009):
This Article argues that corporations have for some time been increasingly taking on roles as pseudo-governmental actors without incurring the accountability to the people generally associated with state action.  This is happening via “new [...]

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The President's Financial Regulatory Reform Proposals: Too Much, Too Little, or Too Soon to Tell?

June 18, 2009

Yesterday, the Obama administration unveiled its most recent proposals for financial regulatory reform, calling for "A New Foundation."  The proposals break down into five key objectives: (1) "Promote robust supervision and regulation of financial firms," including creation of a new "Financial Services Oversight Council of financial regulators to identify emerging systemic risks and improve interagency [...]

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Souter's Confirmation

May 4, 2009

Not a lot of analysis here, just a personal reflection. In the fall of 1990 I was fresh out of law school and had been Counsel to the Senate Judiciary Committee, Subcommittee on the Constitution, for less than a year.

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Government as Controlling Shareholder: No Such Thing as "Passive" Ownership

April 30, 2009

Ever since the U.S. government starting taking ownership stakes in businesses as part of its response to the current financial crisis, people have been expressing concern about the possible negative consequences of "active" government ownership.  This concern was expressed again this week, with the prospect of the government becoming an 80% owner of GM.  Questions [...]

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Is "Regulation" Just an Empty Word in the U.S.?

April 2, 2009

The Group of 20 summit of world leaders is underway, and our new president is facing some challenges from his European allies on how best to deal with the economic crisis.  German Chancellor Angela Merkel and French President Nicolas Sarkozy presented a unified front that wants more than just stimulus funding.  In presenting this challenge, [...]

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The De-Regulation of Our Regulatory Regime

March 26, 2009

In researching the blogosphere for material for today's post, I came across a post quoting former SEC Chief Accountant Lynn Turner that I thought might be of interest.  What stood out to me was Turner's defense of our current regulatory system at a time when bashing it seems to be all the rage.  He argues [...]

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Obama poster artist a copyright thief!?

February 10, 2009

Yes, it's the Associated Press v. Shepard Fairey. Turns out that the famous poster by artist Shepard Fairey (is that a great name or what?) was confessedly based on a photograph by freelance photographer Mannie Garcia.  The AP is claiming that the poster violates their copyright in the photo.

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Corporate Power and "the Ideals of our Forebearers"

January 22, 2009

Here is the portion of President Obama's inauguration speech most obviously relevant to business law:
Nor is the question before us whether the market is a force for good or ill.  Its power to generate wealth and expand freedom is unmatched, but this crisis has reminded us that without a watchful eye, the market can spin [...]

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Veterans Day and the Military Industrial Complex

November 13, 2008

This past Tuesday, a student approached me before class and thanked me for my military service.  I have to admit I was caught a bit off guard by the gesture, but I was also quite touched.  It led me to reconsider my planned post for the week (I was going to write about taxes [...]

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President-Elect Obama and the Future of Business Law

November 5, 2008

A friend of mine is fond of saying that we are always at crossroads, faced with choices about which direction we will take from here that will impact the rest of our lives.  Last night, President-elect Obama echoed those sentiments when he said:
[E]ven as we celebrate tonight, we know the challenges that tomorrow will bring [...]

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Gun Company President Forced to Resign Over Obama Support

November 3, 2008

I, for one, don't think an Obama administration would be that much different than a McCain administration on gun-control issues.  Both candidates have come out in support of closing the gun-show loophole in the Brady Law background-check requirement.  McCain is against assault-weapons regulation, but most people know that the 1994-2004 assault-weapons ban didn't do much [...]

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Myths About Issue 6 and Indian Gaming

October 31, 2008

The passage of Issue 6 will not make it easier for Indian tribes to open casinos in Ohio. Tribes have significant hurdles to overcome in order to operate casinos in the state.  Opponents of Issue 6 are attempting to link it with Indian casinos, but the two issues are separate and distinct.  In order for [...]

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