regulatory capture
Delaware’s SB21 Continues 150 Years of Corporate Power and Regulatory Capture
Christina M. Sautter writes that the passage of Senate Bill 21, which rebalances power away from shareholders to corporate management, represents a 150-year-long development in corporate law spurred by regulatory capture that has removed countless restrictions on firm behavior.
China Is Using Its Market Power To Influence Foreign Policymaking
Audrye Wong writes that China is able to use its market power to pressure foreign companies and business leaders—perhaps most notably Tesla CEO Elon Musk—to lobby on its behalf. The practice raises questions about foreign influence in American and European policymaking and the disproportionate clout of business and oligarchic interests.
The Deafening Silence of Big Business in Washington
Wendy Li writes that business leaders must rediscover past unity and put pressure on politicians to defend against President Donald Trump’s attacks on businesses and civil society and prevent democratic backsliding.
The False Crisis Pushing Delaware to Surrender Shareholder Rights
Delaware lawmakers are being pressured to pass SB 21, a bill that would weaken shareholder protections and reduce judicial oversight of corporations. Alan Jagolinzer,...
The Real Target of Trump’s Crypto Strategy is the Federal Reserve
The United States President has halted plans for a central bank digital currency: a mere show of strength to undermine the Fed’s independence, writes...
The Wolves of K Street
The following is an excerpt from Brody Mullins and Luke Mullins’s book,“The Wolves of K Street: The Secret History of How Big Money Took Over Big Government,” now available from Simon and Schuster.
Decades of Regulatory Exemptions Have Been to the Detriment of the Municipal Bond Market
Two municipal market veterans, David Dubrow and Kent Hiteshew, delve into the history and current state of disclosure practices in the municipal bond market, highlighting the flaws in the current system. In a follow up, the authors will explore potential paths to reform and key components of a uniform standard of disclosure for municipal securities.
Determination Committees Deciding on Credit Event Decisions Should Bolster Independence
Randy Priem reviews the current discussions about fortifying the independence of determination committees deciding whether a credit event took place for single-name credit default swaps. He offers several possible strategies.
Food for Thought
An excerpt from the second edition of Marion Nestle's book, Food Politics: How the Food Industry Influences Nutrition and Health, out now.
The Incredible Shrinking of Non-Cartel Antitrust
Eleanor Fox evaluates "The Political Economy of the Decline of Antitrust Enforcement in the United States" by Professors Lancieri, Posner, and Zingales, praising its revelations on the depth of corporate capture while challenging its narrative of judicial and regulatory dissembling on promises to uphold antitrust.
