Regulation

Goverment regulation.

Articles from Vol. 32, No. 4, Winter

A Middle Ground on Insider Trading: Allowing Price-Decreasing Insider Trading Could Signal When Equities Are Overvalued
For more than four decades, corporate law scholars have debated whether government should prohibit insider trading, commonly defined as stock trading on the basis of material, nonpublic information. Participants in this long-running debate have generally...
Federal Crimes and the Destruction of Law: Prosecutors' Abuse of the RICO and Fraud Statutes Is Threatening the Nation's Economy
In April of 1940, new U.S. Attorney General Robert H. Jackson delivered an address to the Second Annual Conference of United States Attorneys in which he warned that federal prosecutors were losing perspective on the limits of their powers. Federal...
Going Canuck
Now that you Americans are looking for a new health-care model, you may be thinking about "going Canuck," by which I mean trying a single-payer system like the one we have here in Canada, not wearing maple leaf underwear--or a maple leaf in lieu of...
How Private Is Private Equity? Securities Law Hurts the Private Capital Markets
The financial reform plan of Obama Treasury Secretary Timothy Geithner includes measures to rein in private equity and other forms of private capital formation that have been, up until now, largely exempt from the federal securities laws. Geithner...
In Defense of Monopoly: Market Power Fosters Creative Production
With renewed dedication, antitrust enforcers on both sides of the Atlantic appear intent on saving the world from the evils of monopoly. Microsoft has been the poster child for targeted antitrust investigation and enforcement in the United States since...
Lessons from the Financial Crisis: As Some Firms Are Considered Too Big to Fail, Those Firms Will Take Outsized Risks
With the benefit of a year's hindsight, we can now look on the financial crisis and determine what was really the central problem, as well as identify what are the most important policy changes needed to avoid repeating the crisis. In my view, the...
Not the Time to Cap and Trade
We were not surprised in late September 2009 when China's president Hu Jintao announced to the United Nations Assembly that his country would not be a party to a global greenhouse gas reduction commitment. Instead of locking China into a promise that...
On Acetaminophen
I must disagree with Jeremy Lott's criticism ("Worse than the Cure," Fall 2009) of a set of regulatory proposals formulated last summer by a Food and Drug Administration advisory panel considering the risks posed by overdosage with acetaminophen (the...
Takings Law Made Hard: A Novel Property Rights Challenge Is a Constitutional Morass
Today, when most people think of takings law, they instinctively turn to the now-infamous 2005 decision in Kelo v. City of New London. In Kelo, the Supreme Court held that taking property for economic redevelopment falls within the public use language...
The Clean Water Land Grab: Congress Should Not Expand Federal Regulation under the Guise of "Restoring" Environmental Protections
In 1989, developer John Rapanos deposited dirt onto a portion of his property near Midland, MI. This was illegal, according to the U.S. Army Corp of Engineers, as Rapanos property contained federally designated wetlands, subject to regulation as "waters...
Tontines for the Young Invincibles: An Idea from Insurance History Behavioral Economics Could Be to Entice Low Risks into the Health Pool
Over a third of all uninsured adults below retirement age in the United States are between 19 and 29 years old. When young adults, especially men, age out of the dependent care coverage provided by their parents' employment benefits or public health...