Event Studies and the Law: Part II - Empirical Studies of Corporate Law

Author(s):  
Sanjai Bhagat ◽  
Roberta Romano
2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
John Armour

Economic analysis has recently gained a high profile in English company law scholarship, not least through its employment by the Law Commissions and its resonance with the Company Law Review. This approach has taught us much about how company law functions in relation to the marketplace. Whincop’s book is, however, the first attempt to use economic methodology not only to explain how the law functions, but also to provide an evolutionary account of why the history of English company law followed the path it did. The result is a thesis that, whilst complex, has a powerful intuitive appeal for those familiar with Victorian company law judgments.


2015 ◽  
Vol 53 (4) ◽  
pp. 1033-1036

Matthew D. Adler of Duke University reviews “Happiness and the Law”, by John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur. The Econlit abstract of this book begins: “Assesses how the law affects people's quality of life with a particular focus on criminal punishment and civil lawsuits. Discusses measuring happiness; well-being analysis; well-being analysis versus cost–benefit analysis; happiness and punishment; adaptation, affective forecasting, and civil litigation; some problems with preference theories and objective theories; a hedonic theory of well-being; addressing objections to the hedonic theory; and the future of happiness and the law. Bronsteen is a professor in the Loyola University Chicago School of Law. Buccafusco is an associate professor in the Chicago-Kent School of Law and Codirector of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology. Masur is John P. Wilson Professor of Law in the University of Chicago Law School.”


2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.


2015 ◽  

Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.


2018 ◽  
Author(s):  
Jan Christoph Suntrup

According to one of the great narratives of political and legal thinking, law is a peace order that eliminates conflicts or even counters chaos and violence by way of the implementation formations of civil order. Nevertheless, law is not only the scene of numerous social and political struggles and legal conflicts, but sometimes provokes new conflicts through its procedures, norms and categories. The focus of this study is the analysis of cultural conflicts, which - not least due to the dynamics of globalization, Europeanization and migration – are at play inside the law or are ignited by it. The cultural science perspective adopted here is based on the explication of a multi-dimensional concept of law that encompasses norms, validity narratives, forms of organization, epistemic prerequisites and effects as well as symbols and rituals of law. This conceptualization is intended to prevent the assumption that 'law' is a uniform object, since it proves to be plural, controversial and dynamic in terms of its content as well as its form. The supplementation of the theoretical-conceptual development of such a concept of law by empirical studies of various legal-pluralistic constellations and struggles brings to light politically charged as well as subliminal cultural conflicts.


2021 ◽  
Vol 21 (3) ◽  
pp. 117-172
Author(s):  
V.V. CHERNYY

The principal focus of the paper is the risk-decoupling phenomenon in corporate law. Key strategies for achieving decoupling are considered, such as those, in which the amount of risk of a shareholder is less than the amount of her participatory rights in the corporation, as well as those, in which the risk of a shareholder is higher than the rights of participation belonging to her. This effect is achieved through the use of derivatives, swaps, the record date capture as well as through contracts for difference. As a result of the analysis of the theoretical model of these strategies and the application of the Law & Economics methodology solutions for correcting negative effects arising from the use of the above mentioned mechanisms of risk-decoupling are proposed.


Author(s):  
Noam Gur

This chapter puts forward arguments in support of the dispositional model, and defends it against possible objections. The chapter begins by highlighting the key advantages of this model over the alternatives discussed earlier in the book (Section 8.1). It is then argued that the law-abiding disposition at the centre of this model cannot be adequately substituted (at least not on a general basis) by methods of inducing law compliance through punishment or reward (Section 8.2), and by moral dispositions independent of the law (Section 8.3). Subsequent comments are intended to allay possible doubts about whether the dispositional model sufficiently accommodates the possibility of disobedient action in response to legal immorality (Section 8.4). Finally, the extent to which the dispositional model corresponds with the reality of common attitudes towards law is discussed by recourse to empirical studies on the causes of law compliance (Section 8.5).


Author(s):  
Michael Klausner

This chapter examines the empirical literature on corporate law and governance in the United States. Four areas of the US corporate governance literature are discussed: (i) state competition to produce corporate law, (ii) independent boards, (iii) takeover defenses, and (iv) the use of corporate governance indices. The chapter concludes that these areas of research reflect varying degrees of success. The literature on state competition has been a major success. We know much more in this area as a result of empirical analysis in this area than we did on the basis of theory alone. At the other extreme is the literature on takeover defenses and the related literature that uses governance indices as measures of governance quality. Those empirical literatures are plagued by misunderstandings of how takeovers and takeover defenses work, and many results are therefore not as informative as they appear to be. In between is the literature on the impact of an independent board. Here, empiricists faced perhaps insurmountable challenges in proving causation, but nonetheless exposed informative associations.


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