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- March 2019
- Article
Antitrust as Speech Control
By: Hillary Greene and Dennis Yao
Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might...
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- January 2016 (Revised February 2016)
- Case
Citizens United and Corporate Speech
By: David Moss and Marc Campasano
The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and...
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- April 2015 (Revised July 2015)
- Case
Proxy Access at Whole Foods
By: Jay Lorsch and Emily McTague
Proxy access grants shareholders meeting certain ownership requirements the right to nominate directors for election to the board without going through a typical proxy contest. In August 2010 the SEC approved a rule granting proxy access for shareholders meeting...
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- 2014
- Article
Delaware's Choice
This article first documents the shift to annual elections of all directors at most U.S. corporations and argues that the alternative of "ineffective" staggered boards would have been more desirable, as a policy matter, but is now a missed opportunity. Using this...
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- March 2012
- Article
Fixing What's Wrong with U. S. Politics
By: David A. Moss
In America today there's a growing sense that the political system is broken and that its ineffectiveness is a major threat to U.S. competitiveness. Why do so many think the political system is not working? Research shows that in Congress, Republicans and Democrats are...
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- April 2011 (Revised December 2013)
- Case
Boardroom Change in Norway
By: Jay W. Lorsch and Melissa Barton
In 2003, the Norwegian Parliament amended the Public Limited Companies Act in order to achieve greater representation of women on corporate boards. According to the amendment, all state-owned companies and public limited companies were required to have at least 40%...
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- January 2007 (Revised August 2007)
- Case
Lobbying for Love? Southwest Airlines and the Wright Amendment
By: Felix Oberholzer-Gee, Dennis A. Yao, Libby Cantrill and Patricia Wu
The fall of 2004 brought exciting news to Love Field, the Texas headquarters of Southwest Airlines. Delta Airlines, one of Southwest's main competitors, had announced that it would dramatically decrease service from the nearby Dallas/Fort Worth International (DFW)...
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- 2000
- Working Paper
The Logic of the First Amendment
By: Clifford G. Holderness, Michael C. Jensen and William H. Meckling
We develop a framework that is applicable to all freedom of expression disputes. Our framework is based on the meaning of freedom which is based on the meaning of scarcity, and which, in turn, is based on the existence of physical incompatibilities. To maximize...
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- December 1994 (Revised January 1996)
- Case
Constructing a Nation: The United States and Their Constitution, 1763-1792
By: David A. Moss
Examines the founding of the United States of America during the second half of the eighteenth century. Focuses on: 1) the reasons why the American colonists rebelled against Britain (1763-1774); 2) the problems the new nation confronted during the War of Independence...
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