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Misunderstanding the Politics of the Energy Transition
No full textGetting to net zero carbon emissions will require Congress to regulate greenhouse gas emissions. If that idea has wide support (and it does), why can’t Congress muster the will to do it? David Spence (University of Texas at Austin) tackles this question in his new book Climate of Contempt: How to Rescue the U.S. Energy Transition from Voter Partisanship (Columbia University Press, 2024).
Spence will discuss why the problem is not that members of Congress are unresponsive to voters—but rather that they are now responsive to the most ideologically extreme and negatively partisan voters, which makes it harder to build congressional majorities for strong climate policy. Meanwhile, the online information environment—rife with misinformation, vitriol and spin—is pushing all Americans to become more partisan over time, breeding misunderstanding of the issues and of each othe
Big Tech Becomes Psychic: The End of Personal Autonomy
Get PDFIndividual choice is being threatened. Private companies already held the ability to nudge consumer choices with targeted advertising. Now, with the rise in data collection and the innovation of technology and machine learning, companies are beginning to garner the ability to entirely manipulate them. Major companies can create a psychographic profile of any user using copious amounts of data collected and stored in what is essentially a library of information on each user. With access to personal or sensitive data from multiple digital markets, the profile could not only correctly identify not only a user’s likes and dislikes, but even pinpoint the user’s flaws, doubts, and other inner demons. A company with such discrete knowledge could exploit those weaknesses and influence the individual to think or act a certain way. Under current U.S. antitrust law, such companies would be unstoppable. Using Big Tech as its main example, this Article argues that private companies can utilize big data to inflict serious harm in American society. At best, they can sway public opinion in their favor or against their competitors. At worst, they can control the populace. Currently, massive corporations that make up Big Tech have that level of power, despite the anticompetitive implications. This Article focuses on how Big Tech’s vast collection of users’ data can be used to manipulate those consumers’ social, economic, and political decisions. It argues that such manipulation is already occurring and is inherently anticompetitive, as it destroys personal autonomy while perpetuating further private power and control. Ultimately, this Article calls for the reinterpretation of the Sherman Act to encapsulate big data, creating a division of the Federal Trade Commission to monitor and regulate its use by Big Tech
Securities Law in the Supreme Court
No full textAdam C. Pritchard and Robert B. Thompson will discuss their book, A History of Securities Law in the Supreme Court, recently-published by the Oxford University Press. The book goes behind the curtain to see how securities law gets made at the Supreme Court, relying on the justices\u27 internal correspondence, memoranda and interviews with law clerks to see how the ideologies and personalities of the individual justices have shaped the path of securities law. Pritchard and Thompson will also discuss the implications of that history for the future of securities law in the Supreme Court and the modern administrative state. Speaker Bios
Adam C. Pritchard is the Frances and George Skestos Professor of Law at the University of Michigan, where he teaches corporate and securities law. His research focuses on securities class actions, Securities and Exchange Commission (SEC) enforcement and the history of securities law in the US Supreme Court. He is the author, with Stephen J. Choi, of Securities Regulation: Cases and Analysis, currently in its sixth edition.
Robert B. Thompson teaches courses in the corporate and securities area, including mergers and limited liability. He joined the Georgetown faculty in 2010 after visiting in 2009-10. Previous positions include service as the New York Alumni Chancellor’s Professor of Law and Professor of Management at Vanderbilt University and the George Alexander Madill Professor of Law at Washington University. He has visited at New York University and Northwestern University and has taught intensive courses at the University of Sydney. He has authored or co-authored casebooks on corporations and on mergers, treatises on Close Corporations and Oppression of Minority Shareholders and LLC Members, and more than 50 articles. Thompson has testified before committees of Congress, a state legislature and the New York Stock Exchange. He has served since 1991 as editor of the Corporate Practice Commentator, served as an adviser for the American Law Institute’s Restatement (Third) of Agency and chaired two sections of the Association of American Law Schools
The Legal Implications of a Second Trump Presidency
No full textA panel of law professors discuss the implications of a second Trump presidency
Forced to Birth: A Case Study of Ohio’s Six-Week Abortion Ban, Its Impact on Black Women in Cincinnati and Its Relevance for Reproductive Justice in Ohio and Beyond
Get PDFIs Google Microsoft 2.0?
No full textIn the 1990’s, the United States obtained a major antitrust victory against Microsoft. The decision helped shape the Internet as we know it. Today, Google stands accused of using its market power to stifle competition in a case that will set the rules for the next stages of the digital economy. This panel will explore the legal and ethical issues surrounding how Google provides its services from a variety of different perspectives. Speaker Bios:
Anat Alon-Beck is an Associate Professor of Law at Case Western Reserve School of Law. Alon-Beck’s research focuses on corporate law and governance. Her work examines how legal and regulatory structures influence the shift in equities from public markets to private markets, and the rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. She hopes to develop a novel, comprehensive framework within which a deeper understanding of market contracting, regulatory changes and policy surrounding unicorn firms can be achieved. Her research on these issues is frequently cited by policymakers, judges, leading scholars in the corporate law and finance fields. It was cited to US Congress, the Securities and Exchange Commission and the 9th Circuit Court of Appeals.
Alon-Beck also focuses on corporate governance, responsible and sustainable business models, operations and investments and new social paradigms. She wants her students to be able to recognize the exciting potential for business law to create multiple forms of value for all stakeholders, including society at large. She is passionate about empowering women to advance in entrepreneurship and leadership positions in the business world.
Rita Bryce was a federal prosecutor for 23 years with the Antitrust Division of the US Department of Justice in the Cleveland Field Office. She teaches antitrust law at Case Western Reserve University School of Law. Rita is also an independently licensed Social Worker and Psychotherapist with offices in Cleveland Heights and Shaker Heights. Rita obtained her JD and MSW from Case Western Reserve University and her BA from Vanderbilt University.
Eric Chaffee, Professor of Law at Case Western Reserve School of Law, is an expert in and teaches courses relating to business law, contract law, law & technology, and taxation. Over the course of his career, he has received numerous awards for his teaching.
A prolific writer, Chaffee’s scholarship focuses on business law with an emphasis on compliance, cyberlaw, securities regulation, taxation and business ethics. He is an author of the leading treatise on securities regulation in cyberspace. His work has been accepted for publication in numerous law reviews, including the Boston College Law Review, Ohio State Law Journal, UC Davis Law Review and Washington and Lee Law Review. He has published articles in specialty journals at various institutions, including Stanford Law School, New York University School of Law, University of Pennsylvania Law School and University of Michigan Law School. Chaffee is regularly invited to speak at symposia, conferences, workshops and other events across the United States and abroad. He has lectured at institutions throughout Europe and China.
Chaffee is actively involved in various legal professional organizations. He is an elected member of the American Law Institute and a Fellow of the American Bar Foundation. He has served as chair of the Section on Securities Regulation of the American Association of Law Schools and chair of the Section on Scholarship of that institution as well. He is also a co-founder of the National Business Law Scholars Conference (the leading business law academic conference in the United States), and he currently sits on the executive committee of that organization.
Chaffee is a sought-after legal commentator. He has been interviewed and quoted by numerous news outlets—including BBC News, Bloomberg, The Chicago Tribune, CNBC, CNN, The National Law Journal, NPR, Reuters, U.S. News & World Report and The Wall Street Journal—on a variety of legal topics. Before entering the legal academy, Chaffee was an attorney with Jones Day, where he handled civil and criminal matters for numerous Fortune 500 companies. As a law student, he also spent time working at Legal Aid in both Philadelphia and Ohio.
Throughout his career, Chaffee has worked with tax-exempt nonprofit organizations, including serving on several boards and advising various institutions on legal issues. Chaffee is licensed to practice law in Ohio. He is also a trained Financial Industry Regulatory Authority (FINRA) arbitrator. He earned his law degree from the University of Pennsylvania Law School.
Raymond Ku is the John Homer Kapp Professor of Law at Case Western Reserve University School of Law. He has also served as Associate Dean for Academic Affairs and Co-Director of Case’s Center for Law, Technology and the Art. He received his J.D., cum laude, from New York University School of Law where he was a Leonard Boudin First Amendment Fellow in the Arthur Garfield Hays Civil Liberties Program, and his A.B. with Honors from Brown University where he was the recipient of the Philo Sherman Bennet Prize for the best political science thesis discussing the principles of free government. Ku clerked for the Honorable Timothy K. Lewis, United States Court of Appeals for the Third Circuit. He then practiced constitutional, intellectual property, and antitrust law with Gibson, Dunn & Crutcher, LLP, and First Amendment/media and intellectual property law with Levine Pierson Sullivan & Koch, L.L.P., both in Washington, D.C. He has taught at Cornell Law School, Seton Hall University School of Law, Thomas Jefferson School of Law and St. Thomas University School of Law
Diaspora Bonds: Patriotism or Proft?
No full textEvent Description
In the world of sovereign debt instruments, the Holy Grail of financial instruments is the GDP indexed bond. That is, a borrowing instrument that operates counter cyclically. The sovereign would make smaller payments to lenders when times were tough and higher ones during good times. If such products were to be widespread, the risk of sovereign financial crises would be ameliorated. However, years of research have so far yielded little success. The Israeli diaspora bonds program–while not fitting the conventional conception of a GDP indexed bond–might well have found the magic elixir. Spreads between Israeli diaspora bonds and conventional bonds suggest a countercyclical payment pattern. The Israeli program may be sui generis. But it also possible that its design contains clues as to how to design a successful countercyclical sovereign financing program. Speaker Bio
Mitu Gulati’s work focuses on sovereign debt restructuring and contracts, and explores how to help countries in financial distress. Gulati joined the UVA Law faculty in 2021. He was previously on the faculty of Duke Law School since 2004, and has also served on the faculties of UCLA Law School and the Georgetown University Law Center. Gulati co-hosts the podcast “Clauses and Controversies,” is a contributor to the blog Creditslips.org and serves as regional editor for the journal Capital Markets Law Journal.
Gulati has won no awards, prizes or other distinctions. That is, with the exception of a second place finish in the fancy dress competition in third grade in India
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