ALEA 2018 Annual Meeting

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1 ALEA 2018 Annual Meeting Detailed List of Sessions Session 1: Antitrust Involving Intellectual Property May 11, :00 to 10:30 Anticompetitive Trademark Settlements The Great Patent Grab A Wonderland after Alice: Abstraction and Uncertainty of Patentability Session 2: Controlling Shareholders and Entrenchment May 11, :00 to 10:30 Global Antitakeover Devices The Effect of Minority Veto Rights on Controller Tunneling THE PERILS OF SMALL-MINORITY CONTROLLERS Session 3: Judicial Incentives and Education May 11, :00 to 10:30 Ideas Have Consequences: The Impact of Law and Economics on American Justice Judiciary s Achilles Heel: Executive Control via Appointment Power The Unanticipated Consequences of Judicial Incentives: Evidence from the Six Month List

2 Session 4: Criminal Justice System: Empirical May 11, :00 to 10:30 Beyond Bail: Using Behavioral Science to Improve Criminal Justice Outcomes The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance Do Birds of a Gender Flock Together? In-Group Favoritism Among Criminal Prosecutors Session 5: Discrimination May 11, :00 to 10:30 AN EMPIRICAL ANALYSIS OF SEXUAL ORIENTATION DISCRIMINATION The Price of Exclusion, and the Value of Inclusive Policies Political Discrimination in the Law Review Selection Process Session 6: The Political Economics of Constitutions and Legal Rules May 11, :00 to 10:30 Optimal Entrenchment of Legal Rules Constitutional Overperformance An Empirical Study of De Facto Protection of Rights with No De Jure Equivalents The Provocative Effect of Law: Majority Nationalism and Minority Discrimination 2

3 Session 7: Property 3 (primarily theoretical) May 11, :00 to 10:30 Limited Inalienability Rules HORIZONTAL PROPERTY Unilateral Steps to End High Seas Fishing Session 8: Securities Market Regulation May 11, :00 to 10:30 Stock Market Manipulation and Its Regulation An Empirical Comparison of Insider Trading Enforcement in Canada and The United States Does Insider Trading Law Change Behavior? An Empirical Analysis Session 9: Tobin s Q May 11, :00 to 12:30 The Misuse of Tobin s Q Corporate Governance Changes as a Signal: Contextualizing the Performance Link Do State-Owned Enterprises Have Worse Corporate Governance? An Empirical Study of Corporate Practices in China 3

4 Session 10: Juries, Errors, and Evidence May 11, :00 to 12:30 Race, Gender, and Juries: Evidence from North Carolina Legal Sufficiency of Statistical Evidence Preferences for Criminal Justice Error Types: Theory and Evidence Session 11: Securities Market and Financial Institutions Regulation May 11, :00 to 12:30 THE SEC AND INTERNATIONAL CORPORATIONS: A PATH TO OPTIMAL PUBLIC ENFORCEMENT AFTER MORRISON V. NATIONAL AUSTRALIA BANK On Market-Based Approaches to the Valuation of Capital Optimal Deterrence When Shareholders Desire Fraud Session 12: Mergers and Acquisitions May 11, :00 to 12:30 Is There a First-Drafter Advantage in M&A? REVERSE TERMINATION FEES IN M&A Rethinking Corporate Law During A Financial Crisis 4

5 Session 13: Consumer Finance and Precommitment May 11, :00 to 12:30 Consumer Lending Discrimination in the FinTech Era Consumer Protection Laws and the Mortgage Market: Evidence from Ohio Personalizing Precommitment Session 14: Tort Law (misc.) May 11, :00 to 12:30 Trial Selection and Estimating Damages Equations Privacy Harms Accident Aversion: An Experiment Session 15: Litigation Funding and Law Firms May 11, :00 to 12:30 Litigation Funding: An Economic Analysis Lawyers, Law Firms, and the Production of Legal Information Crowdfunding Civil Justice 5

6 Session 16: Financial and Corporate Contracts May 11, :00 to 12:30 The Contract to Sell Contracts Complexity, Standardization, and the Design of Loan Agreements The Promise of Reward Crowdfunding Session 17: Derivative Suits May 11, :00 to 3:30 An Empirical Study of Special Litigation Committees: Evidence of Management Bias and the Effect of Legal Standards Shareholder Litigation and the Information Environment Information and Deterrence in Shareholder Derivative Litigation Session 18: The Past and Future of Law and Economics May 11, :00 to 3:30 A Brief History of the Rise of Law and Economics Complexity and the Cathedral: Making Law and Economics More Calabresian Reinforcing Law and Economics: Behavioral Support for the Predictions of Standard Economic Analysis 6

7 Session 19: Contractual Remedies May 11, 2:00 to 3:30 Behaviorally Efficient Remedies: An Experiment The Restoration Remedy in Private Law Unrequested Benefits, Damages Assessment, and Information Acquisition Session 20: Criminal Behavior May 11, :00 to 3:30 Credit-Driven Crime Cycles: Incarceration and Access to Credit Juvenile Crime and Anticipated Punishment Crime and Public Housing: A General Equilibrium Analysis Session 21: Regulatory Competition and Corporate Governance May 11, :00 to 3:30 Network Effects in Corporate Law Regulatory Competition and the Market for Corporate Law THE DEATH OF CORPORATE LAW Session 22: Litigation, Arbitration and Settlement May 11, :00 to 3:30 Contingent Fees and Access to Justice Judgment Contingent Settlements Class Action Waivers and Private Antitrust Litigation 7

8 Session 23: International Law May 11, :00 to 3:30 Do legal remedies promote investment? New evidence from a natural experiment in the investment treaty network Are Arbitrators Biased in ICSID Arbitration? A Dynamic Perspective The Effects of Defensive Regulatory Competition: A Panel Analysis of Cross-Border Incorporations in Europe Session 24: Environmental 1 (empirical) May 11, :00 to 3:30 The Limits of Limited Liability: Evidence from Industrial Pollution Experimental Evidence of Landowner Behavior in Endangered Species Habitat Programs The Origins and Size and Environmental Agencies Session 25: Intellectual Property II May 11, :00 to 5:30 Switching Costs, Path Dependence, and Patent Holdup Optimal Standards of Proof for Non-Obviousness and Infringement Easy to Find, But Hard to Keep: How Patentable Inventions Are Being Kept Secret 8

9 Session 26: Contract Design May 11, :00 to 5:30 Optimal Contract Design in the Wild: Rigidity and Control in Collective Bargaining Measuring the Effect of Choice on Contract Performance: How Autonomy and Self- Commitment Increase Effort CAN BLOCKCHAIN SOLVE THE HOLDUP PROBLEM IN CONTRACTS? Session 27: Liability and Quality of Health Care May 11, :00 to 5:30 Targeting Bad Doctors: Lessons From Indiana, Ownership Status and Quality of Care in Residential Facilities for the Intellectually Disabled Impact of medical liability reform on coronary artery disease management Session 28: Criminal Justice System: Theory May 11, :00 to 5:30 A Theory of Socially Optimal Plea Bargaining Deterrence and the Optimal Use of Prison, Parole, and Probation The Effects of Racial Profiling, Taste-Based Discrimination, and Enforcer Liability on Crime 9

10 Session 29: Corporate Social Responsibility May 11, :00 to 5:30 Do Institutional Investors care about Corporate Social Responsibility and Irresponsibility? Shareholders and Stakeholders around the World: The Role of Values and Culture in Directors Decisions Antitrust as Corporate Governance Session 30: Environmental and Administrative Law May 11, :00 to 5:30 Democratic Risk Management Precedent and the content of the law: Lessons from the evolution of groundwater law in early 20th century California Norming in Administrative Law Session 31: Taxation (theoretical) May 11, :00 to 5:30 Debt and Equity Taxation: A Combined Economic and Legal Perspective Optimal Defaults with Normative Ambiguity Inequality Snowballing 10

11 Session 32: Bankruptcy May 11, :00 to 5:30 What's the Hold Up? The Impact of Trustees' Compensation and Oversight on Case Duration The Bankruptcy Partition Disagreement and Capital Structure Complexity Session 33: Discovery and Cost Shifting May 12, :30 to 10:00 Disclosure and Discovery with Fairness A Robust Theory of Incentives in Civil Litigation: Non-Specified Probability-of-Success Functions and Arbitrary Cost-Shifting Rules DISCOVERY COST ALLOCATION, INCENTIVES, AND SIGNALING Session 34: The Effect of State Corporate Law Statutes and Judicial Remedies on Value May 12, :30 to 10:00 Shadow Pills and Long-Term Firm Value Corporate Long Arms Merger Negotiations in the Shadow of Judicial Appraisal 11

12 Session 35: Labor Law May 12, :30 to 10:00 Why Are Low-Wage Workers Signing Noncompete Agreements? The Comparative Political Economy of the Minimum Wage Cooperation and Turnover in Law Faculties Session 36: Intellectual Property I (IP) May 12, :30 to 10:00 Killer Acquisitions How Do Patent Incentives Affect University Researchers? Will Delaware Be Different? An Empirical Study of TC Heartland Session 37: Environmental/Property 2 (primarily theoretical) May 12, :30 to 10:00 When Environmental Rights Go Wrong The Value of Fiduciary Duties: Evidence from En Bloc Sales in Singapore From Information to Preference: A Theory of Property and Sociopolitical Change Session 38: Fiduciary Duties / ETF Regulation May 12, :30 to 10:00 Alpha Duties Fiduciary Duty and the Market for Financial Advice A Regulatory Framework for Exchange-Traded Funds 12

13 Session 39: Corporate Governance and Staggered Boards May 12, :30 to 10:00 Board Declassification and Firm Value: Have Shareholders and Boards Really Destroyed Billions in Value? The Independent Board as Shield A Collaborative Model of the Corporation Session 40: Collusion: Antitrust and Procurement May 12, :30 to 10:00 Vertical Collusion Not from Concentrate: Collusion in Syndicated Markets Debarment and Collusion in Procurement Auctions Session 41: Activism May 12, :30 to 12:00 Of Alphas and Votes: Overlapping Directors Simultaneously Serving on Mutual-Fund and Corporate Boards Activist Directors and Agency Costs Long-Term Bias 13

14 Session 42: Appellate Courts May 12, :30 to 12:00 Predicting Deference in Appellate Court Decisions Bargaining on Appellate Courts ESTIMATING JUDICIAL IDEAL POINTS IN A BIDIMENSIONAL COURT Session 43: Criminal Punishment May 12, :30 to 12:00 A Decomposition of Racial Disparities in Pretrial Detention New Estimates of the Incapacitation and Criminogenic Effects of Prison Does Sentencing Juveniles as Adults Increase Recidivism? Session 44: Boilerplate Contracts May 12, :30 to 12:00 Learning in Standard Form Contracts: Theory and Evidence Bargaining in the Shadow of the Contract Why Have M&A Contracts Grown? Evidence from Twenty Years of Deals Session 45: Personal Characteristics and Governance May 12, :30 to 12:00 CEO Traits and Firm Outcomes: Do Early Childhood Experiences Matter? Do Women Stay Out of Trouble? Evidence from Corporate Litigation and Policies Beyond the Numbers: Substantive Gender Diversity in Boardrooms 14

15 Session 46: Policing May 12, :30 to 12:00 Good Cop, Bad Cop: An Analysis of Chicago Civilian Allegations of Police Misconduct Going the Extra Mile: the Cost of Complaint Filing, Accountability, and Law Enforcement Outcomes in Chicago The Effect of Collective Bargaining Rights on Law Enforcement: Evidence from Florida Session 47: Theoretical Law & Economics May 12, :30 to 12:00 Designing Remedies to Compensate Plaintiffs for Unobservable Harms A Theory of Incentive-Based Regulation Product Safety, Contracts, and Liability Session 48: Public Choice: Taxes, Debt, and Voting May 12, :30 to 12:00 Between Public and Private Enterprise: The Law and Economics of Special Purpose Governments Mind the (Participation) Gap: Vouchers, Voting, and Visibility Pushing Boundaries: Political Redistricting and Consumer Credit 15

16 Session 49: Fraud Enforcement May 12, :30 to 3:00 Whistleblower Protection: Theory and Experimental Evidence Pay Inequality and Public Sector Performance: Evidence from the SEC s Enforcement Activity The Effect of Investor Attention on Fraud Discovery and Value Loss in Securities Class Action Litigation Session 50: New Directions in Litigation May 12, :30 to 3:00 Law as Source Public Relations Litigation Markets for Personalized Procedure Session 51: Shareholder Voting May 12, :30 to 3:00 Universal Proxies Nonvoting Shares and Efficient Corporate Governance Voting in Corporations 16

17 Session 52: Property 1 (empirical) May 12, :30 to 3:00 How Institutions Shape Preferences: Experimental Evidence from a Land Tenure Reform Implemented as a Randomized Control-Trial How to Protect Entitlements: An Experiment Challenging Eminent Domain in the High People s Courts: Procedure is the Key! Session 53: Taxation (empirical) May 12, :30 to 3:00 Fear and the Safety Net: Evidence from Secure Communities Does the elasticity of the sales tax base depend on enforcement? : Evidence from U.S. states Voluntary Collection Agreements The Effect of a Tax Notch on CEO Golden Parachute Contracts and Option Exercises Session 54: Tort Law (theoretical) May 12, :30 to 3:00 Tort Liability and Unawareness Harm Displacement Allocating liability for third-party harm between manufacturers and consumers when consumers are present biased 17

18 Session 55: Admin./Legis./Stat Interpretation May 12, :30 to 3:00 UNDERSTANDING DISPARITIES IN PUNISHMENT: REGULATOR PREFERENCES AND EXPERTISE Official Reason-Giving Powers, But How Much Power? Game Theory and the Nondelegation Principle Session 56: The Political Economics of Courts May 12, :30 to 3:00 Racial Divisions and Criminal Justice: Evidence from Southern State Courts A Theory of Independent Courts in Illiberal Democracies Forum Selling Abroad 18

C O H E N, T O D D, K I T E & S T A N F O R D, L L C

C O H E N, T O D D, K I T E & S T A N F O R D, L L C ATTORNEYS AT LAW SUITE 2350 250 EAST FIFTH STREET CINCINNATI, OHIO 45202-5136 www.ctks.com LITIGATION Cohen Todd Kite & Stanford s Litigation Practice