Author Archives: Brock Hankins

Lee Harris, CEO Retention

Again and again, economists, corporate law scholars, and Congress have turned to reforms, such as executive compensation reforms, as a solution to executive misbehavior. The root of the evil, they muse, is skyhigh pay with only a flimsy connection to managerial performance. If … Continue reading

Posted in Business & Corporate Law, Commercial Law | Comments Off

Alan M. White & Carolina Reid Saving Homes? Bankruptcies and Loan Modifications in the Foreclosure Crisis

Do homeowner bankruptcy filings work to delay or prevent home foreclosures, and how do they compare to voluntary loan modifications specifically targeted to mortgage relief? The 2007–2012 financial crisis provides a unique opportunity to assess whether bankruptcy can help homeowners avoid the negative consequences … Continue reading

Posted in Bankruptcy, Economics | Comments Off

Adam Mossoff, The Trespass Fallacy in Patent Law

The patent system is broken and in dire need of reform; so says the popular press, scholars, lawyers, judges, congresspersons, and even the President. One common complaint is that patents are now failing as property rights because their boundaries are not as clear … Continue reading

Posted in Intellectual Property, Patent Law, Property Law | Comments Off

Thomas J. Horton, Robert H. Lande, & Virginia Callahan APPENDIX

This appendix compares the quality of the investigatory and local journalism contained in “old media” with that contained in “new media” by using the metrics the journalism industry itself uses. We ascertain which type of media has won most of … Continue reading

Posted in Antitrust & Trade Law, Economics, Internet Law, Media Law | Comments Off

Brett McDonnell, Dampening Financial Regulatory Cycles

Financial regulation should be countercyclical, strengthening during speculative booms to contain excessive leverage and loosening following crises so as to not limit credit extension in hard times. And yet, financial regulation in fact tends to be procyclical, strengthening following crises and loosening during booms. … Continue reading

Posted in Administrative Law, Business & Corporate Law, Commercial Law, Economics | Comments Off

Chad Flanders, Pardons and the Theory of the “Second Best”

This Article explains and defends a “second-best” theory of pardons. Pardons are second-best in two ways. First, pardons are second-best because they represent, in part, a response to a failure of justice: the person convicted was not actually guilty, or he or she … Continue reading

Posted in Constitutional Law, Governments and Legislation | Comments Off