Sunday, September 21, 2014
Frank Pasquale on “how masterful manipulation of the law has allowed tech and finance giants to grow incredibly fast”
Like many people I know, I am a huge fan of Frank Pasquale. Thus, I was very excited to read his Balkanization interview (available here) discussing his forthcoming book, “The Black Box Society.” The interview touches on a wide range of topics, so you should go read the whole thing, but here is an excerpt to tempt you in case you’re on the fence:
I think our academic culture is very good at analysis, but oft-adrift when it comes to synthesis. Specialization obscures the big picture. And law can succumb to this as easily [as] any other field. For example, in the case of internet companies, cyberlawyers too often confine themselves to saying: “Google and Facebook should win key copyright cases, and subsequent trademark cases, and antitrust cases, and get certain First Amendment immunities, and not be classified as a ‘consumer reporting agency’ under relevant privacy laws,” etc. They may well be correct in every particular case. But what happens when a critical mass of close cases combines with network effects to give a few firms incredible power over our information about (and even interpretation of) events?
Similarly, old banking laws may fit poorly with the new globalized financial landscape. Finance lawyers churn out position papers dismantling the logic of Dodd-Frank, Basel, Sarbanes-Oxley, etc. But if too-big-to-fail firms keep growing bigger, assured of state support, while everything else the government does is deemed contingent: what kind of social contract is that?
The lawyers of the Progressive Era and the New Deal dealt with similar challenges: massive firms that warped the fabric of economic, political, and even cultural life to their own advantage. They consulted the best of social science to recommend regulation—but they didn’t let some narrow field (like neoclassical economics) act as a straitjacket (as, say, antitrust lawyers of today are all too prone to do).
Monday, September 15, 2014
Crowdfunding site GoFundMe recently removed the funding page for a person looking to crowdfund her abortion. Past crowdfunding campaigns have funded fertility treatments, gender confirmation surgeries, organ transplants, and other medical procedures and treatments. Watsi is an entire crowdfnding platform dedicated to financing medical care for patients through donations. While I usually research and write about crowdfunding business entities and projects, the crowdfunding of medical procedures and treatments has gotten more and more traction with those needing or wanting financial assistance for expensive medical care. It seemed like a good time to say something about it . . . . But what to say?
Friday, August 15, 2014
I have updated our Business Law Professors on Twitter List with some professors I met at the ALSB conference last week.
Tweets from the recent professor additions to the list are below.
Men hold 82% of s&p board seats. Are legal mandates the answer? http://t.co/p6piAY0D2e— Kabrina Chang (@ProfessorChang) August 12, 2014
Out today! Teaching an Old Dog New Tricks: Adapting Public Utility Commissions to Meet Twenty-First Century Climate …http://t.co/wYWFunn94R— Inara Scott (@NewEnergyProf) August 13, 2014
Monday, August 4, 2014
"[P]ushing its students to understand business and technology so that they can advise entrepreneurs in coming fields. The school wants them to think of themselves as potential founders of start-ups as well, and to operate fluidly in a legal environment that is being transformed by technology."
The article also highlights University of Colorado's Tech Lawyer Accelerator.
Fascinating stuff. What is your school doing, if anything, on this front?
Friday, July 11, 2014
I've updated our business law professors on Twitter list here.
Below are tweets from some of the new additions to the list.
Bankruptcy bedtime stories and what's amazing about law school: http://t.co/VFvzHW2Naw— Stephanie Ben-Ishai (@SBIprof) October 17, 2013
Warren Buffett: The Babe Ruth of Good Business Today http://t.co/1g2UYLc81E— Lawrence Cunningham (@CunninghamProf) July 7, 2014
Oman & Meese offer an "epic take down" http://t.co/ndr8ptb5M1— Nathan B. Oman (@nate_oman) June 3, 2014
A New Business Model (and they make a fine deli sandwich too!) "At Zingerman’s, Pastrami and Partnership to Go" http://t.co/WgRiIXshk8— Len Rotman (@ProfessorRotman) July 7, 2014
Friday, May 9, 2014
I have updated the Business Law Professors on Twitter List here.
Tweets from a few of the new additions to the list are below.
Thanks for the citation to my article: BofA Accounting Mishap Reveals Flaws In Fed's Stress Tests http://t.co/CEIFmwkRL7— Mehrsa Baradaran (@MehrsaBaradaran) May 2, 2014
Frustration rises over crowdfunding rules, intended to help entrepreneurs attract investments http://t.co/xrtGsZq4Mj— Eric Chaffee (@EricChaffee) May 2, 2014
The privacy preferences of corporate executives impact corporate privacy policies. My thoughts at: http://t.co/khIqWNnabj— Victoria Schwartz (@ProfVSchwartz) April 30, 2014
Thursday, April 10, 2014
Continuing with the theme, I want to highlight a new hybrid resource, JURIFY, which is a mostly-free, online transactional law resource.
“Jurify provides instant access to high-credibility, high-relevance legal content, including forms and precedent in Microsoft Word® format written by the world’s best lawyers, white papers and webinars from top-tier law firms, articles in prestigious law journals, reliable blog posts and current versions of statutory, regulatory and case law, all organized by legal issue.”
Here are the stats: Jurify, launched in 2012, covers 5 broad transactional areas: General Corporate, Governance, Mergers & Acquisitions, Securities and Startup Companies. The 11,000+ sources that the website currently contains have been verified by transactional attorneys and generated from free on-line platforms or submitted by private attorneys who are voluntarily sharing their work. Documents are organized according to 586 tags. Three transactional attorneys started this website (husband/wife duo and their former law-firm colleague); none take compensation from editors, publishers or law firms.
Jurify is a unique transactional law resource for the following reasons:
- FREE (mostly). Website contents including primary law, secondary sources and template agreements and forms. All content is searchable; most is free; some templates/forms, available in Microsoft word version, require either a fee or a paid membership. In the future, Jurify founders hope to generate revenue by providing performance metrics and career services components.
- Emphasis on Primary Sources—collecting the most current and complete versions of governing statutes, and here is the important part—putting relevant sources together. Want to find out registration obligations? A search on Jurify will pull from several different sources to give you a comprehensive look at the governing law.
- Organization. The website resources are organized in a consumer-friendly, vertically integrated platform (like the searching functions on YouTube). If you search for one term of art, (the example used was break-up fees), the search results pull all related terms of art (i.e., termination fees, reverse break-up fees, etc.). The data base has been encoded with 1600 corporate law synonyms in the platform to facilitate more robust natural language searches.
- Multiple search modes (i.e., accessible for the novice). Non-experts can search for information using tags and drop down boxes to sort information by source type (news articles, videos, journals, statutes and regs, etc.). The site also includes a glossary of terms, and those terms serve as searchable categories that have documents associated with them.
- Narrowing the field. You don’t need every document- you just need the right document. Researchers can narrow search results through subcategories, which include definitions on all of the subcategories to assist the non-expert (i.e., students, generalist attorneys like some in-house teams). Within general categories, researchers can also conduct granular searches within a topic and can narrow by specific fields (i.e., M&A).
- Sorting the results. Search results are displayed in order of relevance. Relevance, in Jurify, is determined by the tags assigned by Jurify attorneys reviewing and labeling each document in the database. While a document may have 15 tags, 2 or 3 tags will be the primary tag, and the document will be flagged as “noteworthy” for that particular topic. The idea is that you review the most relevant documents first not just any document that contains any reference to your search fields.
- Networking Component. Some of the documents are voluntarily provided by practicing attorneys and their names remain associated with the document(s). If an attorney wants to establish herself as an expert in an area, she may do so in part, by contributing high-quality documents on that topic. Top contributors are highlighted on the website, using in part, a Credibility Score. In the future, a ranking/review feature will be added so that users can provide feedback on the quality/relevance of a document as well.
Erik Lopez, co-founder of Jurify, contacted the BLPB editors earlier this spring. As a result, I test drove the site with Erik a few weeks ago, which formed the basis of my comments above. Thanks Erik! (Note: Neither BLPB nor I, individually, received any compensation as a result of this post. I am passing it along because I genuinely am intrigued by the platform, business model, and potential for the website to be a valuable transactional resource.)
If anyone currently uses Jurify, or test drives the site after reading this post, please share your experience in the comments.
Thursday, February 20, 2014
Our BLPB group has had a number of email discussions recently about the use of social media including blogs, Facebook, LinkedIn and Twitter for professional purposes. My home institution has discussed the same topic and even held a “training” session on technology in and outside of the classroom. Because I am a heavy user, I volunteered to blog about how I use social media as a lawyer and academic in the hopes of spurring discussion or at least encouraging others to take a dip in the vast pool of social media.
Although I have been on Facebook for years, I don’t use that professionally at all. I also don’t allow my students to friend me, although I do know a number of professors who do. I often see lawyer friends discussing their clients or cases in a way that borders on violations of the rules of professional conduct, and I made sure to discuss those pitfalls when I was teaching PR last year.
I have also used LinkedIn for several years, mainly for professional purposes to see what others in my profession (at the time compliance and privacy work) were thinking about. I still belong to a number of LinkedIn groups and have found that academics from other countries tend to use LinkedIn more than US professors. I have received a number of invitations to collaborate on research just from posts on LinkedIn. I also encourage all of my law students to join LinkedIn not only for networking purposes, but also so that they can attract recruiters, who now use LinkedIn almost as often as they use headhunters. When I blog, I link my posts to LinkedIn, which in turn automatically posts to Twitter.
I admit that I did not like Twitter at first. I now have three Twitter accounts- follow me at @mlnarine. I started using Twitter when I was a deputy general counsel and compliance officer and I followed law firms and every government agency that was online that regulated my industry. The government agencies were very early to the Twitter game and I once learned about a delay in the rollout of a regulation via Twitter a full week before my outside counsel who was working on the project informed me.
I also use the hashtag system (#) to see what others are saying on topics that hold my interest such as #csr (corporate social responsibility and unfortunately also customer service rep), #socent for social enterprise, #corpgov for corporate governance, and #Dodd-Frank and #climatechange (self explanatory).
I make an effort to tweet daily and am now an expert in trying to say something useful in 140 characters or less (being on yearbook staff in high school and counting characters for headlines made this a breeze for me). I re-tweet other tweets that I believe may be of interest to my followers or links to articles, and often gain new followers based on what I have chosen to tweet, largely because of my use of hashtags. In fact, after a marathon tweeting session following the Dodd-Frank conflict minerals oral argument before the DC Circuit Court of Appeals, I received four calls from the press for interviews, a nice, unexpected benefit of trying to educate my followers. Often when I attend conferences, such as last week’s ABA meeting or the UN’s Business and Human Rights Forum, the organizers develop a hashtag so that those who cannot attend in person can follow the proceedings through tweets and the attachments to those tweets.
The best part of twitter is that I met fellow blogger, Haskell Murray because of one his tweets and that led to an invitation to speak at a conference. Haskell has published a useful list of business law professors on Twitter so if you’re not on his list, let us know and we will update it.
Next week I will post about the benefits or perils of blogging, especially for someone new to academia.
February 20, 2014 in Business Associations, Anne Tucker, Conferences, Corporate Governance, Corporations, Current Affairs, Entrepreneurship, Ethics, Haskell Murray, Marcia Narine, Social Enterprise, Stefan J. Padfield, Teaching, Web/Tech | Permalink | Comments (0)
Monday, November 18, 2013
Bridget Crawford (Pace Law) authored this helpful Census of Law Professors on Twitter post on the Faculty Lounge last year, but I thought it might be nice to have a subject matter list (and include the business school legal studies professors, now that I am in a business school). Like Stefan, I mostly tweet about business law topics, though I could not resist a few tweets about Belmont's exciting win over UNC in basketball yesterday.
For this list, I used a relatively broad definition of “business law” and included professors who focus on at least one of the following areas: banking, bankruptcy, business associations, contracts, corporate governance, M&A, law & economics, securities regulation, tax, UCC, and white collar crime. I am sure I left many people out. Feel free to contact me with additions or add others in the comments. I may update this list from time to time.
Stephen Bainbridge (UCLA Law) – @ProfBainbridge
Mehrsa Baradaran (UGA Law) – @MehrsaBaradaran
Stephanie Ben-Ishai (Osgoode Law) – @SBIprof
Perry Binder (Georgia State Business) – @Perry_Binder
Cass Brewer (Georgia State Law) – @brewer_cass
Sam Brunson (Loyola-Chicago Law) – @smbrnsn
Seletha Butler (Georgia Tech Business) – @ProfSButler
Paul Caron (Pepperdine Law) – @SoCalTaxProf
Eric Chaffee (Toledo Law) – @EricChaffee
Kabrina Chang (Boston University Business) – @ProfessorChang
John Coates (Harvard Law) – @jciv
Bridget J. Crawford (Pace Law) – @ProfBCrawford
Lawrence Cunningham (George Washington Law) – @CunninghamProf
Steven Davidoff (Ohio State Law) – @StevenDavidoff
Laura Dove (Troy Business) – @LauraRDove
Joshua Fershee (West Virginia Law) – @jfershee
Victor Fleischer (San Diego Law) – @vicfleischer
Kent Greenfield (Boston College Law) – @Kentgreenfield1
Lori Harris-Ransom (Caldwell Business) –@HarrisRansom
Joan Heminway (Tennessee Law) – @VolunteerTwit
Peter Henning (Wayne State Law) – @peterjhenning
David Hoffman (Temple Law) – @HoffProf
Dalie Jimenez (UConn Law) – @daliejimenez
Mike Koehler (Southern Illinois Law) – @fcpaprofessor
Kim Krawiec (Duke Law) – @KimKrawiec
Kevin Lee (Campbell Law) – @Kleee
Mark Loewenstein (Colorado Law) – @mjloewenstein
Lloyd Mayer (Notre Dame Law) – @NDNonprofitProf
Meredith R. Miller (Touro Law) – @Prof_Miller
Haskell Murray (Belmont Business) – @HaskellMurray
Marcia Narine (St. Thomas-FL Law) – @mlnarine
Nathan Oman (William & Mary Law) – @nate_oman
Stefan Padfield (Akron Law) – @ProfPadfield
Joshua E. Perry (Indiana Business) – @ProfJoshPerry
Marisa Pagnattaro (UGA Business) – @pagnattaro
Alicia Plerhoples (Georgetown Law) – @aplerhoples
Ellen Podgor (Stetson Law) – @whitecollarprof
Scott Pryor (Regent Law) – @profpryor
Brian JM Quinn (Boston College Law) – @bjmquinn
Geoffrey Rapp (Toledo Law) – @ProfessorRapp
Darren Rosenblum (Pace Law) – @DarrenRosenblum
Len Rotman (Dalhousie Law) – @ProfessorRotman
Susan Samuelson (Boston University Business) – @bizlawupdate
Tim Samples (Georgia Business) – @TimRSamples
Victoria Schwartz (Pepperdine Law) – @ProfVSchwartz
Inara Scott (Oregon State Business) – @NewEnergyProf
Greg Shill (NYU Law) – @greg_shill
Omari Simmons (Wake Forest Law) – @profosimmons
Gordon Smith (BYU Law) – @professor_smith
Jennifer Taub (Vermont Law) – @jentaub
Anne Tucker (Georgia State Law) – @Anne_M_Tucker