Jordan M. Barry

University of San Diego School of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

  • University of San Diego School of Law

SCHOLARLY PAPERS

31

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Scholarly Papers (31)

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1.

Regulatory Entrepreneurship

90 S. Cal. L. Rev. 383 (2017), Loyola Law School, Los Angeles Legal Studies Research Paper No. 2017-29
Number of pages: 66 Posted: 07 Mar 2016 Last Revised: 06 Sep 2017
Elizabeth Pollman and Jordan M. Barry
University of Pennsylvania Law School; Co-Director, University of Pennsylvania Law School - Institute for Law and Economics; European Corporate Governance Institute and University of San Diego School of Law
Downloads 1,885 (10,162)
Citation 9

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entrepreneurship, startups, corporate political activity, lobbying, corporations, political economy, regulation, law and economics, sharing economy, platform, airbnb, uber, tesla, draftkings, fanduel, regulatory entrepreneurship

2.

On Derivatives Markets and Social Welfare: A Theory of Empty Voting and Hidden Ownership

Virginia Law Review, Vol. 99, No. 1103, 2013, Rock Center for Corporate Governance at Stanford University Working Paper No. 122, Becker Friedman Institute for Research in Economics Working Paper No. 2012-11, Stanford Law and Economics Olin Working Paper No. 433
Number of pages: 66 Posted: 23 Aug 2012 Last Revised: 16 Oct 2015
Jordan M. Barry, John William Hatfield and Scott Duke Kominers
University of San Diego School of Law, University of Texas at Austin and Harvard University
Downloads 1,625 (12,847)
Citation 7

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derivatives, disclosure, empty voting, hidden ownership, morphable ownership, corporate governance, shareholder rights and obligations, financial markets, securities laws, law and economics, competitive equilibrium, core outcome, corporate voting, shareholder voting, regulatory arbitrage, securities

3.

Tax Regulation, Transportation Innovation, and the Sharing Economy

University of Chicago Law Review Dialogue, Vol. 82, p. 69, 2015, Pepperdine University Legal Studies Research Paper No. 2015/2, San Diego Legal Studies Paper No. 15-180
Number of pages: 16 Posted: 17 Dec 2014 Last Revised: 16 Mar 2015
Jordan M. Barry and Paul L. Caron
University of San Diego School of Law and Pepperdine University - Rick J. Caruso School of Law
Downloads 843 (34,130)
Citation 4

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Tax, Regulation, Innovation, Sharing Economy, Fringe Benefits

4.

Pills and Partisans: Understanding Takeover Defenses

160 University of Pennsylvania Law Review 633 (2012), Stanford Law and Economics Olin Working Paper No. 407, Rock Center for Corporate Governance at Stanford University Working Paper No. 98
Number of pages: 64 Posted: 03 Mar 2011 Last Revised: 20 Jul 2015
Jordan M. Barry and John William Hatfield
University of San Diego School of Law and University of Texas at Austin
Downloads 830 (34,889)
Citation 3

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law and economics, takeovers, takeover defenses, corporate governance, imperfect information, adverse selection, agency theory, market for corporate control, poison pill, securities regulation, regulatory competition, economic federalism, directors, shareholders, managers

5.

Long-Term Shareholders and Time-Phased Voting

40 Delaware Journal of Corporate Law 541 (2015), San Diego Legal Studies Paper No. 15-194
Number of pages: 106 Posted: 02 Jul 2015 Last Revised: 22 Jun 2017
Lynne Dallas and Jordan M. Barry
University of San Diego School of Law and University of San Diego School of Law
Downloads 664 (47,276)

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time-phased voting, tenure voting, TPV, short-termism, myopia, long-term shareholders, corporate law, dual-class stock, corporate governance, shareholder rights, voting rights, shareholder voting, corporate takeovers, takeovers, takeover defenses, entrenchment, quarterly capitalism, disparate voting

6.

Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause

64 Stanford Law Review 535 (2012), San Diego Legal Studies Paper No. 11-058
Number of pages: 52 Posted: 11 Feb 2011 Last Revised: 20 Jul 2015
Jordan M. Barry
University of San Diego School of Law
Downloads 645 (49,071)

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Habeas Corpus, Double Jeopardy, Innocence, Wrongful Convictions, Criminal Law, Criminal Procedure, Procedural Default, Exhaustion, Actual Innocence, Federal Courts

7.

Coasean Keep-Away: Voluntary Transaction Costs

San Diego Legal Studies Paper No. 14-149
Number of pages: 67 Posted: 04 Mar 2014
Jordan M. Barry, John William Hatfield and Scott Duke Kominers
University of San Diego School of Law, University of Texas at Austin and Harvard University
Downloads 601 (53,724)
Citation 5

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Coase Theorem, transaction costs, private ordering, efficiency, liability rules, property rules, remedies, reasonable use

8.

Taxation and Innovation: The Sharing Economy as a Case Study

Nestor Davidson, Michèle Finck and John Infranca, Cambridge Handbook on Law and Regulation of the Sharing Economy (Cambridge University Press 2018), San Diego Legal Studies Paper No. 18-319
Number of pages: 21 Posted: 27 Dec 2017 Last Revised: 08 Jan 2018
Jordan M. Barry
University of San Diego School of Law
Downloads 529 (63,082)

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Tax, Innovation, Sharing Economy, Technological Innovation, Transactional Innovation, Tax Policy, Tax Expenditures, Innovation Policy, Law and Economics, Venture Capital, Startups, Uber, Airbnb, Lyft, TaskRabbit

9.

On Regulatory Arbitrage

89 Texas Law Review See Also, 69 (2011)
Number of pages: 10 Posted: 09 Jun 2011 Last Revised: 20 Jul 2015
Jordan M. Barry
University of San Diego School of Law
Downloads 402 (87,865)
Citation 2

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Regulatory Arbitrage, Tax, Regulatory Competition, Transaction Costs, Transaction Structures

10.

Brief of Amici Curiae Tax Law Professors and Economists in Support of Petitioner in South Dakota v. Wayfair

Number of pages: 30 Posted: 06 Nov 2017
Daniel J. Hemel, Reuven S. Avi-Yonah, Joseph Bankman, Jordan M. Barry, Lily L. Batchelder, John R. Brooks, Samuel D. Brunson, J. Clifton Fleming, David Gamage, Ari D. Glogower, Jacob Goldin, Andrew J. Haile, David Herzig, Hayes Holderness, Calvin H. Johnson, Richard L. Kaplan, Michael S. Knoll, Zachary D. Liscow, Yair Listokin, Ruth Mason, Goldburn Maynard, Orly Mazur, Susan C. Morse, Richard D. Pomp, James R. Repetti, Julie Roin, Daniel Schaffa, Erin A. Scharff, Daniel Shaviro, Jay A. Soled, Sloan G. Speck, Kirk J. Stark, John A. Swain, Adam B. Thimmesch, Manoj Viswanathan, Edward A. Zelinsky and Eric M. Zolt
University of Chicago - Law School, University of Michigan Law School, Stanford Law School, University of San Diego School of Law, New York University School of Law, Georgetown University Law Center, Loyola University Chicago School of Law, Brigham Young University - J. Reuben Clark Law School, Indiana University Maurer School of Law, Ohio State University (OSU) - Michael E. Moritz College of Law, Stanford Law School, Elon University School of Law, Ernst & Young, University of Richmond - School of Law, University of Texas at Austin - School of Law, University of Illinois College of Law, University of Pennsylvania Law School, Yale University - Law School, Yale Law School, University of Virginia School of Law, Louis D. Brandeis School of Law, Southern Methodist University - Dedman School of Law, University of Texas at Austin - School of Law, University of Connecticut - School of Law, Boston College - Law School, University of Chicago Law School, University of Richmond School of Law, Arizona State University (ASU) - Sandra Day O'Connor College of Law, New York University School of Law, Rutgers University, University of Colorado Law School, University of California, Los Angeles (UCLA) - School of Law, University of Arizona - James E. Rogers College of Law, University of Nebraska College of Law, UC Hastings Law, Yeshiva University - Benjamin N. Cardozo School of Law and University of California, Los Angeles (UCLA) - School of Law
Downloads 367 (97,612)
Citation 1

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amicus brief, Supreme Court, stare decisis, dormant Commerce Clause, Quill v. North Dakota, South Dakota v. Wayfair

11.

Political Free Riding

San Diego Legal Studies Paper No. 12-087
Number of pages: 68 Posted: 29 Feb 2012
Jordan M. Barry
University of San Diego School of Law
Downloads 340 (106,393)

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free riding, politics, political process, political economy, campaign finance, legislation, interest groups, free rider problem, economics, law and economics, political science, lobbying, democracy, campaign finance reform, citizens united, public campaign finance, public funding of elections

12.

Amicus Curiae Brief in Gelboim v. Bank of America (Libor Manipulation Litigation) on Behalf of Financial Markets Law Professors in Support of Plaintiffs-Appellants

Florida International University Legal Studies Research Paper No. 15-37, Cornell Legal Studies Research Paper No. 16-40, Mississippi College School of Law Research Paper No. 2016-08, San Diego Legal Studies Paper No. 16-231, University of Toledo Legal Studies Research Paper No. 2016-05, Indiana Legal Studies Research Paper No. 355
Number of pages: 32 Posted: 16 Sep 2016 Last Revised: 20 Jan 2017
Jordan M. Barry, Brian J. Broughman, Eric C. Chaffee, Christoph Henkel, Robert C. Hockett, Michael P. Malloy, Peter Marchetti, Christopher K. Odinet, Charles R. P. Pouncy and Andrew Verstein
University of San Diego School of Law, Vanderbilt University Law School, University of Toledo - College of Law, Mississippi College - School of Law, Cornell University - Law School, University of the Pacific - McGeorge School of Law, Texas Southern University - Thurgood Marshall School of Law, University of Iowa - College of Law, Independent and University of California, Los Angeles (UCLA) - School of Law
Downloads 297 (123,621)

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LIBOR, London Interbank Offer Rate, LIBOR Manipulation, antitrust, financial markets, derivatives, derivatives markets, OTC derivatives, OTC derivatives markets, over-the-counter derivatives, over-the-counter derivatives markets, antitrust injury, Bank of America, Gelboim, amicus, corporate finance

13.

Is the Individual Mandate Really Mandatory?

Tax Notes, Vol. 135, p. 1633, 2012
Number of pages: 10 Posted: 25 Jun 2012
Jordan M. Barry and Bryan Camp
University of San Diego School of Law and Texas Tech University School of Law
Downloads 220 (166,341)

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tax, tax administration, tax collection, tax enforcement, tax assessment, assessable penalties, 5000A, individual mandate penalty, individual mandate, penalty, Affordable Care Act, ACA, liens, levies, withholding, offset, setoff, Obamacare, adverse selection

14.

Shareholder Decisionmaking in the Presence of Empty Voting and Hidden Ownership

San Diego Legal Studies Paper No. 14-161
Number of pages: 42 Posted: 08 Jun 2014 Last Revised: 06 Aug 2014
Jordan M. Barry, John William Hatfield and Scott Duke Kominers
University of San Diego School of Law, University of Texas at Austin and Harvard University
Downloads 182 (197,958)
Citation 1

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Empty Voting, Hidden/Morphable Ownership, Corporate Governance, Shareholder Voting

15.

Brief of Interested Law Professors as Amici Curiae Supporting Respondent in Direct Marketing Association v. Brohl

Stanford Public Law Working Paper No. 2516159, San Diego Legal Studies Paper No. 14-71, UC Davis Legal Studies Research Paper No. 400, UC Berkeley Public Law Research Paper No. 2516159, UCLA School of Law Research Paper No. 14-19
Number of pages: 38 Posted: 31 Oct 2014 Last Revised: 07 Nov 2014
Darien Shanske, Alan B. Morrison, Joseph Bankman, Jordan M. Barry, Barbara H. Fried, David Gamage, Andrew J. Haile, Kirk J. Stark, John A. Swain and Dennis J. Ventry
University of California, Davis - School of Law, George Washington University - Law School, Stanford Law School, University of San Diego School of Law, Stanford Law School, Indiana University Maurer School of Law, Elon University School of Law, University of California, Los Angeles (UCLA) - School of Law, University of Arizona - James E. Rogers College of Law and University of California, Davis - School of Law
Downloads 180 (199,835)

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sales and use tax, third-party reporting, tax injunction act, dormant commerce clause, Quill v. North Dakota

16.

Explanation of the Anti-Injunction Act Issue in HHS v. Florida (Affordable Care Act Litigation)

American Bar Association Preview of United States Supreme Court Cases, Vol. 39, Issue 6-SE, pp. 15-19, 2012
Number of pages: 5 Posted: 09 Mar 2012
Bryan Camp and Jordan M. Barry
Texas Tech University School of Law and University of San Diego School of Law
Downloads 168 (212,023)

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tax, tax administration, tax collection, tax assessment, assessable penalties, anti-injunction act, standing, AIA, injunction, 7421, 5000A, individual mandate penalty, individual mandate, penalty, Affordable Care Act, ACA, liens, levies, amicus, amici, Obamacare

17.

A Brief Review of Corporate Tax Articles 2014-2015

Tax Notes, Vol. 151, No. 2, 2016
Number of pages: 9 Posted: 16 Sep 2016
Jordan M. Barry and Karen C. Burke
University of San Diego School of Law and University of Florida Levin College of Law
Downloads 167 (213,121)

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tax, corporate tax, review, summary, federal income tax, corporations, tax reform, corporate tax reform, corporate reorganizations, NOLs, net operating losses, tax abuse, corporate tax abuse, tax avoidance, corporate tax avoidance, IPOs, mergers, tax history, corporate tax history, transactions

18.

Amicus Curiae Brief in Health and Human Services v. Florida (Affordable Care Act Litigation) on Behalf of Tax Law Professors in Support of Vacatur

Number of pages: 41 Posted: 27 Jan 2012
Jordan M. Barry and Bryan Camp
University of San Diego School of Law and Texas Tech University School of Law
Downloads 161 (219,807)

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tax, tax administration, tax collection, tax assessment, assessable penalties, anti-injunction act, standing, tax injunction, injunction, 7421, 6402, 6421, 6431, 5000A, individual mandate penalty, individual mandate, penalty, Affordable Care Act, ACA, setoff, offset, liens, levies, amicus, Obamacare

19.

Explanation of Issues in PPL Corporation v. Commissioner of Internal Revenue

American Bar Association Preview of United States Supreme Court Cases, Vol. 40, Issue 5, pp. 201-04, 2013
Number of pages: 4 Posted: 26 Feb 2013
Jordan M. Barry and Janelle Darnell
University of San Diego School of Law and University of San Diego School of Law
Downloads 158 (223,369)

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tax, international tax, corporate tax, foreign tax credits, PPL, Entergy, income tax, value tax, Section 901, Section 902, deferral, territoriality, worldwide taxation, double taxation, windfall tax, privatization, privatisation, utilities, utilities regulation, energy taxation, valuation

20.

Notable Corporate Tax Articles of 2012

Tax Notes, Vol. 136, May 6, 2013, San Diego Legal Studies Paper No. 13-127
Number of pages: 6 Posted: 20 Jun 2013 Last Revised: 11 Sep 2015
Karen C. Burke and Jordan M. Barry
University of Florida Levin College of Law and University of San Diego School of Law
Downloads 144 (241,002)

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tax, corporate tax, 2012, review, summary, federal income tax, corporations, tax reform, corporate tax reform, corporate reorganizations, consolidated returns, NOLs, net operating losses, start-ups, tax reporting, tax accounting, schedule UTP, corporate tax incidence, tax abuse, corporate tax abuse

21.

A Brief Review of Corporate Tax Articles of 2013

Tax Notes, Vol. 143, No. 11, 2014
Number of pages: 7 Posted: 16 Aug 2014
Jordan M. Barry, Karen C. Burke and Monica Gianni
University of San Diego School of Law, University of Florida Levin College of Law and California State University Northridge
Downloads 128 (264,256)

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corporate tax

22.

To Thine Own Self Be True? Incentive Problems in Personalized Law

San Diego Legal Studies Paper No. 20-439, 62 William & Mary Law Review 723 (2021)
Number of pages: 68 Posted: 05 Mar 2020 Last Revised: 16 Apr 2021
Jordan M. Barry, John William Hatfield and Scott Duke Kominers
University of San Diego School of Law, University of Texas at Austin and Harvard University
Downloads 120 (277,229)
Citation 1

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Personalized Law, regulation, regulatory avoidance, regulatory arbitrage, law and economics, law and technology, law and artificial intelligence, futurism, moral hazard, elicitation, signaling, privacy

23.

Rationalizing the Arbitrary Foreign Tax Credit

San Diego Legal Studies Paper No. 20-438
Number of pages: 61 Posted: 05 Mar 2020 Last Revised: 22 Feb 2021
Jordan M. Barry and Ariel Jurow Kleiman
University of San Diego School of Law and University of San Diego School of Law
Downloads 98 (342,220)

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tax, tax policy, international taxation, corporate taxation, foreign tax credit

24.

The Emerging Consensus for Cutting the Corporate Income Tax Rate

Chapman Law Review, Vol. 18, No. 1, 2014, San Diego Legal Studies Paper No. 15-179
Number of pages: 10 Posted: 12 Feb 2015
Jordan M. Barry
University of San Diego School of Law
Downloads 95 (325,068)

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corporate tax, corporate income tax, corporate tax rates, corporate income tax rates, income tax, tax rates, tax policy, corporate tax policy, international tax, tax reform, corporate tax reform, tax and politics

25.

Not from Concentrate: Collusion in Collaborative Industries

San Diego Legal Studies Paper No. 21-007
Number of pages: 75 Posted: 23 Feb 2021 Last Revised: 24 Apr 2021
Jordan M. Barry, John William Hatfield, Scott Duke Kominers and Richard Lowery
University of San Diego School of Law, University of Texas at Austin, Harvard University and University of Texas-Austin
Downloads 88 (341,179)

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Antitrust, antitrust law, antitrust theory, law and economics, collusion, collaboration, collaborative industries, regulation, game theory, repeated games, IPOs, initial public offerings, underwriters, real estate, real estate agents, realtors, syndicated markets, syndication, brokers

26.

Brief of Interested Law Professors in Direct Marketing Association v. Brohl (10th Circuit)

UC Davis Legal Studies Research Paper No. 429, Stanford Public Law Working Paper No. 2608807
Number of pages: 45 Posted: 23 May 2015 Last Revised: 03 Aug 2015
Darien Shanske, Alan B. Morrison, Kirk J. Stark, Joseph Bankman, Jordan M. Barry, Barbara H. Fried, John A. Swain and Dennis J. Ventry
University of California, Davis - School of Law, George Washington University - Law School, University of California, Los Angeles (UCLA) - School of Law, Stanford Law School, University of San Diego School of Law, Stanford Law School, University of Arizona - James E. Rogers College of Law and University of California, Davis - School of Law
Downloads 88 (341,179)

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sales and use tax, third-party reporting, dormant commerce clause, Quill v. North Dakota, e-commerce

27.

Technical Appendix to Long-Term Shareholders and Time-Phased Voting

San Diego Legal Studies Paper No. 16-215
Number of pages: 4 Posted: 15 Mar 2016
Lynne Dallas and Jordan M. Barry
University of San Diego School of Law and University of San Diego School of Law
Downloads 77 (369,360)
Citation 8

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time-phased voting, tenure voting, TPV, short-termism, myopia, long-term shareholders, corporate law, dual-class stock, corporate governance, shareholder rights, voting rights, shareholder voting, corporate takeovers, takeovers, takeover defenses, entrenchment, quarterly capitalism, disparate voting

28.

Brief of Interested Law Professors As Amici Curiae Supporting Petitioner in Brohl v. Direct Marketing Association

Indiana Legal Studies Research Paper No. 361
Number of pages: 29 Posted: 20 Dec 2016 Last Revised: 20 Jan 2017
Richard D. Pomp, Joseph Bankman, Jordan M. Barry, David Gamage, Andrew J. Haile, Hayes Holderness, Darien Shanske, Kirk J. Stark, John A. Swain, Dennis J. Ventry and Edward A. Zelinsky
University of Connecticut - School of Law, Stanford Law School, University of San Diego School of Law, Indiana University Maurer School of Law, Elon University School of Law, University of Richmond - School of Law, University of California, Davis - School of Law, University of California, Los Angeles (UCLA) - School of Law, University of Arizona - James E. Rogers College of Law, University of California, Davis - School of Law and Yeshiva University - Benjamin N. Cardozo School of Law
Downloads 76 (372,066)

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29.

When Second Comes First: Correcting Patent's Poor Secondary Incentives Through an Optional Patent Purchasing System

Wisconsin Law Review, Vol. 2007, p. 585, 2007
Number of pages: 64 Posted: 19 Aug 2011
Jordan M. Barry
University of San Diego School of Law
Downloads 69 (392,534)

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Intellectual Property, Patents, Prize Systems, Law and Economics, Subsidies, Patent Purchasing

30.

Collusion in Markets with Syndication

Harvard Business School Entrepreneurial Management Working Paper No. 18-009, San Diego Legal Studies Paper No. 18-349
Number of pages: 72 Posted: 26 Jul 2017 Last Revised: 26 Jun 2019
John William Hatfield, Scott Duke Kominers, Richard Lowery and Jordan M. Barry
University of Texas at Austin, Harvard University, University of Texas-Austin and University of San Diego School of Law
Downloads 66 (401,755)
Citation 6

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Collusion, Antitrust, IPO underwriting, Syndication, Repeated games

31.

Takeover Defenses: The Lay of the Land and Disputed Sign Posts

Published in Research Handbook on Mergers and Acquisitions (Edward Elgar 2016; Claire Hill and Steven Davidoff-Solomon, eds.)
Number of pages: 25 Posted: 13 Aug 2019
Jordan M. Barry
University of San Diego School of Law
Downloads 47 (470,267)

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takeover defenses, poison pill, staggered board, effective staggered board, ESB, short-termism, myopia, corporate myopia, dual class stock, time-phased voting, TPV, empty voting, corporate law, securities law, law and economics, corporate governance