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Cover-Ups
No full textLengthy cover-ups are a repeated feature of the organizational landscape. This paper studies executives’ optimal cover-up strategies given the penalties and the evolving beliefs of strategic outside parties who investigate malfeasance. The analysis shows that organizational self-policing and external investigation are strategic substitutes in any given period. Over time, successful cover-ups increase the incentive to cover up, and changes in the current environment, such as an increased awareness of the harmful effects of the employee’s actions, can result in a reduction in cover-ups in the short term but an increase in the long term. We analyze how fines for executives and rewards for investigators affect the welfare of different stakeholders. We extend the model to study two alternative prosecutorial regimes: a prosecutor who can commit to an investigation policy and a long-lived prosecutor who internalizes the impact of their early decisions on a subsequent prosecutor’s incentives
China’s Anticorruption Campaign and Civil Servant Fever
No full textWhat is the impact of anticorruption efforts on entry into bureaucratic jobs? This paper approaches the question theoretically and empirically through the lens of China’s anticorruption campaign instituted in 2013. We leverage a novel data set of national civil service exams. Exploiting assignment and timing variations in anticorruption inspections of government departments, our difference-in-differences estimate shows that a department had significantly fewer applicants following an inspection. We provide evidence that the decline in bureaucratic entry has occurred since the campaign lowered the (expected) returns from bureaucratic jobs by improving the detection of corruption and constraining power that is likely to be abused. In contrast, we do not find evidence that the campaign affected legal income. Furthermore, simulation exercises suggest that after the anticorruption campaign, incoming bureaucrats may have lower ability but higher prosociality than before
Rethinking Foundations and Analyzing New Conflicts: Teaching Law After Dobbs
No full textThis Article draws on our diverse and complementary areas of scholarly expertise and teaching experiences across law school and public health curricula to offer a multidisciplinary model for teaching in a variety of courses after Dobbs. Teaching reproductive rights and justice poses extensive challenges in the wake of Dobbs’ overruling Roe v. Wade and Planned Parenthood v. Casey, upending a half century of precedents protecting a constitutional right to abortion, and returning the issue to “the people”—and the states. This Article offers theoretical and pedagogical perspectives on teaching courses in Reproductive Rights and Justice, as well as relevant foundational courses like Constitutional Law, Family Law, and Health Law, in the uncertain and shifting post-Dobbs landscape. We argue that including historical and theoretical context alike will aid in and enhance learning. Likewise, developing data and historical literacy will help students understand doctrinal shifts over time and provide grounding for contextualization and application for such changes
Divine Law or Constitutional Flaw: The Clash of Religious Belief and Legal Neutrality in Missouri’s Abortion Ban
No full textThis Note explores the constitutional implications of Missouri’s recent abortion ban enacted in the wake of the Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade and Planned Parenthood v. Casey. This Note examines the clash of religious beliefs and the law by dissecting the legislative history and intent behind Missouri’s abortion ban. The ban, known as House Bill 126 or the “Missouri Stands for the Unborn Act,” took effect immediately upon certification by State Attorney General Eric Schmitt and prohibits nearly all abortions, except in cases of a narrowly defined “medical emergency.” Notably, the law invokes religious language, asserting that “Almighty God” is the author of life and framing the state as a “sanctuary of life.” Through an analysis of the historical background, legislative series of events, and contemporaneous statements made by lawmakers, this Note argues that Missouri’s abortion ban unconstitutionally establishes Christian beliefs into law.
This Note analyzes a hypothetical Establishment Clause-based challenge to Missouri’s abortion ban, arguing that the ban infringes upon the neutrality required by the First Amendment. It scrutinizes the religious undertones in the legislative process, which seemingly favor Christian beliefs over other faith traditions or non-religious perspectives. Ultimately, this Note offers a critical examination of the implications of Missouri’s abortion ban within the context of religious freedom and constitutional law. It contends that the ban, rooted in religious ideals, violates the Establishment Clause by imposing religiously motivated legislation on all citizens, regardless of their personal beliefs or traditions
Career Spotlight: Len Brown
No full textAn interview with Len Brown. Len Brown is the Chief Legal Officer/Executive Vice President for Licensing & Merchandising for the PGA TOUR, Inc. JD from the University of Pennsylvania Law School, MBA & BS from Pennsylvania State University
Career Spotlight: Emily Lekahal
No full textAn interview with Emily Lekahal. Emily Lekahal is the Assistant General Counsel for the Tampa Bay Buccaneers. JD from the University of Minnesota; BA from Colorado State University
Dead Frogs, Dissected Jokes, & Thin Copyright: Analyzing Copyrightable Elements and Legal Protection of Stand-Up Comedy
No full textThis Article will be broken into two parts. Part I will dive into what comedy truly is. Part II will analyze both the copyrightability of stand-up jokes as to their subject matter and the complexity of copyright infringement in relation to stand-up comedy
Delaware Beware
No full textThis article conducts an in-depth exploration of the dynamic competition among states to attract businesses and determine the legal framework governing corporations. It adopts an innovative market-centric viewpoint, treating corporate law as a product within the broader context of charter competition among U.S. states. While the scholarly spotlight has predominantly shone on publicly traded giants, this article daringly delves into uncharted territory, unraveling the intricate incorporation and governance decisions of privately held “unicorns”—those elusive venture capital-backed behemoths that silently shape the economic landscape.
By unraveling the decision-making processes of where these economic powerhouses incorporate, the article challenges prevailing assumptions on horizontal and vertical competitive federalism, introducing the concept of “long-term private giant” companies. This distinctive perspective provides insights into the relocation options and incorporation choices of both large private and public firms, illuminating how these entities navigate and influence the intricate landscape of organizational structure and governance choices within the corporate domain
AVENUE SECOND OWNER LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
No full textIn a dispute over demolition stipends for rent-regulated apartments destroyed in a fire, the court upheld DHCR\u27s use of registration records to determine room counts and corresponding stipends, rejecting the landlord\u27s argument for alternative evidence like inspection cards. Emphasizing DHCR\u27s authority under Operational Bulletin 2009-1, the court found DHCR\u27s decision rational and within its expertise, despite the landlord\u27s procedural objections under SAPA. The decision underscores deference to administrative agencies in interpreting their regulations and calculating tenant benefits based on established record