Publications

New! Law and Capital Markets Fellows Publish Study Addressing Importance of Cost -Benefit Analysis of Financial Regulations

The Law and Capital Markets @ Ohio State program received a grant from the U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness (CCMC) to write an independent, nonpartisan white paper that addresses the importance of cost-benefit analysis in the context of financial regulations.

The study, authored by Law and Capital Market fellows and Moritz law professors Christopher Walker and Paul Rose, and titled “The Importance of Cost-Benefit Analysis in Financial Regulation,” finds that while regulators sometimes fail to use cost-benefit analyses appropriately, financial regulation grounded in rigorous, transparent, analytical standards is not only more efficient and effective, but is required by law. To view the study, go to http://ssrn.com/abstract=2231314.

Publications from Law and Capital Markets Fellows

Below is a list of selected recent publications of Program Fellows. Click on a Fellow Name to go to that individual Fellow’s Faculty web page, which includes a complete list of publications.

Daniel C.K. Chow

Counterfeiting as an Externality Imposed by Multinational Companies on Developing Countries, 51 Virginia Journal of International Law 785 (Summer 2011)
Exhaustion of Trademarks and Parallel Imports in China, 51 Santa Clara Law Review 1283 (2011)

Amy Cohen

Progressive Constitutionalism and Alternative Movements in Law
Ohio State Law Journal, Vol. 72, 2011, Ohio State Public Law Working Paper No. 166 (with Michal Alberstein)
The Family, the Market, and ADR , Journal of Dispute Resolution, Forthcoming, Ohio State Public Law Working Paper No. 152
On Being Anti-Imperial: Consensus Building, Anarchism, and ADR, Law, Culture and the Humanities, Forthcomin , Ohio State Public Law Working Paper No. 153

Richard C. Daley

The Ten Stages of a Real Estate Development Project, 27 The Practical Real Estate Lawyer 33 (2011)
Real Estate Development Law, West 2011
Teacher’s Manual to Real Estate Development Law, West 2011

Steven Davidoff

Do Outside Directors Face Labor Market Consequences? A Natural Experiment from the Financial Crisis, (2013). SSRN
Form Over Substance? The Value of Corporate Process and Management Buy-Outs, Delaware Journal of Corporate Law (DJCL), Vol. 36, No. 3, 2011 (with Matthew D. Cain)
The Private Equity Contract, THE OXFORD HANDBOOK OF PRIVATE EQUITY, D. Cumming, ed., Oxford University Press, March 2012
Delaware’s Competitive Reach, Journal of Empirical Legal Studies, Vol. 9, Issue 1, pp. 92-128, 2012 (with Matthew D. Cain)
Takeover Litigation in 2011, Working Paper Series (with Matthew D. Cain)
A Great Game: The Dynamics of State Competition and Litigation, Working Paper Series (with Matthew D. Cain)
A Case Study: Air Products v. Airgas and the Value of Strategic Judicial Decision-Making, Columbia Business Law Review, Forthcoming
Takeover Theory and the Law and Economics Movement, RESEARCH HANDBOOK ON THE ECONOMICS OF CORPORATE LAW, Claire Hill, Brett McDonnell, eds., Edward Elgar, 2011-2012
Fairness Opinions in Mergers and Acquisitions, THE ART OF CAPITAL RESTRUCTURING: CREATING SHAREHOLDER VALUE THROUGH MERGERS AND ACQUISITIONS, H. Kent Baker, Halil Kiymaz, eds., Wiley, 2011 (with Anil K. Makhija and Rajesh P. Narayanan)
Computerization and the ABACUS: Reputation, Trust, and Fiduciary Duties in Investment Banking, Journal of Corporation Law, Forthcoming (with Alan D. Morrison and William J. Wilhelm)

Ellen Deason

Civil Procedure, Cases, Problems and Exercises, West 3^rd Ed. 2011

Larry T. Garvin

Globe Refining Co. v. Landa Cotton Oil Co. and the Dark Side of Reputation, Ohio State Public Law Working Paper No. 162
Farnsworth on Contracts 2012-1, Walters Kluwer 2011) (with the late E. Allan Farnsworth)
Farnsworth on Contracts 2011-2 Cumulative Supplement, (Walters Kluwer 2011) (with the late E. Allan Farnsworth)

Stephanie Hoffer

Caesar as God’s Banker: Using Germany’s Church Tax as an Example of Non-Geographically Bounded Taxing Jurisdiction, Washington University Global Studies Law Review, Forthcoming, Ohio State Public Law Working Paper No. 132

Garry W. Jenkins

The Rise of the Anti-NGO Movement: Nonprofit Organizations and the Forces Against Them, 36 Brooklyn Journal of International Law (2011)
Who’s Afraid of Philanthrocapitalism? Case Western Reserve Law Review, Vol. 61, No. 3, 2011

Creola Johnson

[For most recent articles, see http://moritzlaw.osu.edu/faculty/scholarship.php?ID=32]

Debby Merritt

Responsibility-Rights in the Legal Profession, Ohio State Public Law Working Paper No. 164 (with Daniel C. Merritt)
Learning Evidence, From The Federal Rules to the Courtroom, 2d ed. 2011 (with Ric Simmons)

Dale A. Oesterle

State and Local Government Subsidies for Business: A Siren’s Trap, Moritz College of Law Working Paper Series No. 148
The Overused and Under-Defined Notion of ‘Material’ in Securities Law, Ohio State Public Law Working Paper No. 145

Paul Rose

The Importance of Cost-Benefit Analysis in Financial Regulation. (2013) SSRN
State Capitalism and the Foreign Corrupt Practices Act, Ohio State Law Journal, Forthcoming, Ohio State Public Law Working Paper No. 167
American Sovereign Wealth, Ohio State Public Law Working Paper No. 161
On the Role and Regulation of Proxy Advisors, Michigan Law Review First Impressions, Vol. 109, p. 62, 2010, Ohio State Public Law Working Paper No. 142

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