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Is Corporate Law Still a Race to the Top?

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Uploaded by on Nov 9, 2009

April 8, 2008
Speaker: Hon. Frank H. Easterbrook, Chief Judge, U.S. Court of Appeals for the Seventh Circuit
Presented by: the Center for Business Law and Regulation

Summary: Dean Lindsey Cowen Business Law Lecture
Judge Easterbrook will revisit issues relating to corporate law, in particular whether competition between states for corporate charters produces a race to the top of corporate law, a long-standing assumption in academic literature.

Frank Easterbrook has been Chief Judge, U.S. Court of Appeals for the Seventh Circuit, since 2006. Nominated by President Ronald Reagan, he joined the court in 1985. Judge Easterbrook was a law clerk to Levin H. Campbell of the U.S. Court of Appeals for the First Circuit. He then joined the solicitor general's office, where he served first as assistant to the solicitor general and later as deputy solicitor general of the U.S. Before joining the U.S. Court of Appeals, he was Assistant Professor (1978-81) and Professor of Law (1981-85) at the University of Chicago. He was also a principal in Lexecon, an economic and financial consulting firm. Judge Easterbrook continues to teach at the University of Chicago. He received his J.D. from the University of Chicago Law School in 1973, where he was an editor of the Law Review and a member of the Order of the Coif. He attended Swarthmore College, where he received a B.A. in 1970 with high honors and was elected to Phi Beta Kappa.

Judge Easterbrook is interested in antitrust law, criminal law and procedure, and other subjects involving implicit or explicit markets. He was a member of the S.E.C.'s Advisory Committee on Tender Offers in 1983 and was elected to the American Law Institute in the same year and to the American Academy of Arts and Sciences in 1992. Between 1982 and 1991 he was an editor of the Journal of Law and Economics. He has written (with Daniel R. Fischel) The Economic Structure of Corporate Law (1991) and has published numerous articles, several of them scholarly.

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  • That's a broad statement. Re-write corporate law, why?

  • I think it is time to re-write corporate law.

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