Business

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Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law (with Michelle M. Harner), 3 American University Business Law Review 81 (2014)

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching...

 

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Teaching LLCs Through a Problem-Based Approach (with Michelle M. Harner), 71 Washington & Lee Law Review 489 (2014)

Case studies and case simulations can be used to teach LLCs with an eye toward...

 

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The Tort Foundation of Duty of Care and Business Judgment, 88 Notre Dame Law Review 1139 (2013)

This Article corrects a misconception in corporation law – the belief that principles of tort...

 

Essential Concepts of Business for Lawyers, Book Gallery (2012)

Accounting and finance cannot be taught through the dense text and format typical of legal...

 

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Ethical issues in Business and the Lawyer's Role (with Carol Morgan, Tamar Frankel, and Mark Fagan), 12 Transactions: the Tennessee Journal of Business Law 37 (2011)
 

Corporations & Business

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The Terrorism Risk Insurance Act: Time to End the Corporate Welfare, Cato Institute Policy Analysis, no. 736 (2013)

The terrorist attacks of September 11, 2001, inflicted enormous losses on the insurance industry and...

 

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The Tort Foundation of Duty of Care and Business Judgment, 88 Notre Dame Law Review 1139 (2013)

This Article corrects a misconception in corporation law – the belief that principles of tort...

 

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Bonding Limited Liability, 51 William & Mary Law Review 1417 (2010)

Limited liability is considered a “birthright” of corporations. The concept is entrenched in legal theory,...

 

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Crisis, Rescue and Corporate Social Responsibility Under American Corporate Law, Reframing Corporate Social Responsibility: Lessons from the Global Financial Crisis (2010)

This chapter discusses the legal issues of rescue and corporate social responsibility during times of...

 

Economics of Dispute Resolution

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A Financial Economic Theory of Punitive Damages, 111 Michigan Law Review 1 (2012)

This Article provides a financial economic theory of punitive damages. The core problem, as the...

 

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Toward Procedural Optionality: Private Ordering of Public Adjudication, 84 New York University Law Review 514 (2009)

Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There...

 

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Probability, Policy and the Problem of Reference Class, 11 International Journal of Evidence and Proof 286 (2007)

This short paper focuses on the problem of reference class in evidentiary assessment as it...

 

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The Effect of Risk on Legal Valuation, 78 University of Colorado Law Review 193 (2007)

From a financial economic perspective, the governing condition of a meritorious civil action is the...

 

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A Price Theory of Legal Bargaining: An Inquiry into the Selection of Settlement and Litigation Under Uncertainty, 56 Emory Law Journal 619 (2006)

Conventional wisdom says that economic surplus is created when the cost of litigation is foregone...

 

Insurance & Torts

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A Production Theory of Pure Economic Loss, 104 Northwestern University Law Review 49 (2010)

Although the pure economic loss rule has been remarkably durable in the common law, it...

 

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Catastrophic Loss, Alternative Risk Transfer, and Terrorism Insurance, All Faculty Publications (2008)

This paper constitutes a compilation of summary entries on catastrophic loss, alternative risk transfer, and...

 

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Insurance for Acts of Terrorism, (2008)

This chapter discusses insurance case law arising from acts of terrorism, including those arising from...

 

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Participation and Disintermediation in a Risk Society, (2008)

The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become...

 

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Tort Arbitrage, 60 Florida Law Review 125 (2008)

The economic models of bargaining and tort law have not been integrated into a coherent...

 

Investment Banking

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On Duopoly and Compensation Games in the Credit Rating Industry, 108 Northwestern University Law Review 85 (2013)

Credit rating agencies are important institutions of the global capital markets. If they had performed...

 

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Case Study of the Bank of America and Merrill Lynch Merger, (2010)

This is a case study of the Bank of America and Merrill Lynch merger. It...

 

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Crisis, Rescue and Corporate Social Responsibility Under American Corporate Law, Reframing Corporate Social Responsibility: Lessons from the Global Financial Crisis (2010)

This chapter discusses the legal issues of rescue and corporate social responsibility during times of...

 

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The Decline of Investment Banking: Preliminary Thoughts on the Evolution of the Industry 1996-2008, 5 Journal of Business & Technology Law 75 (2010)

In this paper, I provide a basic, preliminary financial analysis of several prominent, independent investment...

 

Legal Education

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Deal Deconstructions, Case Studies, and Case Simulations: Toward Practice Readiness with New Pedagogies in Teaching Business and Transactional Law (with Michelle M. Harner), 3 American University Business Law Review 81 (2014)

In this short commentary, we explore the use of two interrelated pedagogical methods for teaching...

 

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Teaching LLCs Through a Problem-Based Approach (with Michelle M. Harner), 71 Washington & Lee Law Review 489 (2014)

Case studies and case simulations can be used to teach LLCs with an eye toward...

 

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Foreword, 8 Journal of Business & Technology Law 157 (2013)

The foreword introduces a series of essays on "Teaching Business Law in a New Economic...

 

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Reflections on Team Production in Professional Schools and the Workplace, Law and Leadership: Integrating Leadership Studies into the Law School Curriculum (2013)
 

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Specialization in Law and Business: a Proposal for a J.D./"MBL" Curriculum, 17 Chapman Law Review 37 (2013)

This paper provides the specific details of how an interdisciplinary program of law and business...

 

Law & Economics

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A Financial Economic Theory of Punitive Damages, 111 Michigan Law Review 1 (2012)

This Article provides a financial economic theory of punitive damages. The core problem, as the...

 

Torts

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The Tort Foundation of Duty of Care and Business Judgment, 88 Notre Dame Law Review 1139 (2013)

This Article corrects a misconception in corporation law – the belief that principles of tort...

 

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A Financial Economic Theory of Punitive Damages, 111 Michigan Law Review 1 (2012)

This Article provides a financial economic theory of punitive damages. The core problem, as the...

 

Partnerships

Limited Liability Entities: State by State Guide to LLCs, LLPs and LPs (with Bradley T. Borden), Book Gallery (2012)

To make your research more efficient Wolters Kluwer Law & Business is combining the former...

 

Medical Jurisprudence

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Loss of Chance, Probabilistic Cause, and Damage Calculations: The Error in Matsuyama v. Birnbaum and the Majority Rule of Damages in Many Jurisdictions More Generally, 1 Suffolk University Law Review Online 39 (2013)

This short commentary corrects an erroneous understanding of probabilistic causation in the loss-of-chance doctrine and...

 

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Faculty Colloquia, Spring 2009 Series (with Alfred L. Brophy, Dennis D. Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Scott Miller, Juliet M. Moringiello, Robert Steinbuch, and Brian Z. Tamanaha), Colloquia (2009)

Spring 2009 Presenters:

January 26: Dennis D. Crouch (University of Missouri School of Law)

February...