The Business Law Program’s Faculty Workshop series provides an unparalleled opportunity for WCL faculty and visiting scholars to regularly present essays and new ideas to their peers. The workshops provide a space for scholars to collaborate and challenge ideas for improvement and refinement.
Heather Hughes, Blockchain’s Unexplored Implications for Secured Transactions
Legal scholarship discusses distribute d ledgers for giving notice of liens, the classification of blockchain-based assets under Uniform Commercial Code (UCC) Articles 8 and 9, and that smart contracts can involve self-help analogous to that of secured creditors. But this literature has yet to thoroughly consider how emerging technologies may impact core features of UCC Article 9. This Article does not predict whether blockchain and smart contracts will in fact impact secured transactions in all of the ways it contemplates. But given the possibilities, legal scholars and lawmakers should be forward-thinking and should consider how core features of UCC Article 9 may operate in markets of the future.
Jonathan Baker, Strategic and Non-Strategic Oligopoly Coordination in Antitrust
This paper (co-authored with Joe Farrell of the Berkeley Economics Dept) will be about the implications for antitrust law and enforcement of the broad view of the nature, likelihood, and extent of coordination among rivals suggested by the modern economic literature on oligopoly conduct.
Hilary J. Allen, Payments Failure
This paper argues that we need to be more prepared for financial crises that are transmitted through glitches in technological infrastructure (cascading failures), rather than focusing solely on the credit channels that have typically transmitted shocks through the financial system in the past.
Joe Pileri, Democratizing the Fourth Sector – B Corps. and Beneficiary Participation
B Corp. certification should emphasize beneficiary participation for two reasons. First, the efficacy of projects and programs is harmed without the input of the intended beneficiaries. Second, assumptions underlying corporate law that justify shareholder franchise and expanded shareholder power also apply to nonshareholder stakeholders in the case of B Corps. Relying on these principles, the Article articulates principles that should be used to design a certification process that seeks to ensure that beneficiaries are involved at every stage of the life of the company – design, implementation, and measurement.
Priya Baskaran, Teaching Theranos
In the piece, Professor Baskaran encourages the creation of a cohesive business law pedagogy to help students grapple with the challenges of representing early-stage enterprises. Professor Baskaran uses Theranos as an example for teaching various models for corporate governance across standard Business Organizations and Small Business Clinics.
Martha Ertman, Carole & Hanan Sibel Professor of Law, University of Maryland
The Cost of Non-Billable Work, published in the Texas Tech Law Review Online, February 2020
Paolo Saguato, Assistant Professor of Law, George Mason University
The Pendulum of International Financial Regulation and the Quest for Accountability
Kevin R. Douglas, Visiting Assistant Professor, George Mason University Antonin Scalia Law School; Assistant Professor, Michigan
Insider Trading: The Conceptual Roots of the Doctrinal Mess
This article argues that agency officials and courts have always identified both principles as providing a part of the justification for the prohibition.