Business Scholarship Podcast

Miriam Baer, professor of law at Brooklyn Law School, joins the Business Scholarship Podcast to discuss her forthcoming article Compliance Elites. In this article, Baer evaluates the tendency of firms to hire "elite" chief compliance officers (CCOs) who have had successful prior careers in private law firms and government enforcement agencies. Although this practice does potentially signal a firm's commitment to its compliance function, Baer considers the risk that elite CCOs who have always been high performers may have "performance blind spots." These blind spots, in turn, could reduce elite CCOs' ability to assess whether performance results reflect, or performance goals encourage, fraud or other misconduct. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Mihailis Diamantis, associate professor of law at the University of Iowa, joins the Business Scholarship Podcast to discuss his forthcoming article The Corporate Insanity Defense. In this article, Diamantis complicates the respondeat superior doctrine of corporate criminal liability and considers whether a doctrine from individual prosecution–the insanity defense–could support more suitable responses to corporate crime and corporate-crime prevention. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Yerv Melkonyan, a student at Columbia Law School, joins the Business Scholarship Podcast to discuss his forthcoming note Regulation Best Interest and the State – Agency Conflict. In this note, Melkonyan considers the potential for conflicts between the SEC's new standard for broker-dealer conduct and standards adopted by the states, including whether and, if so, to what degree, state standards have been preempted by Regulation BI. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Ann Eisenberg, assistant professor of law at the University of South Carolina, joins the Business Scholarship Podcast to discuss her forthcoming article Economic Regulation and Rural America. In this article, Eisenberg identifies a cycle of deregulation as leading to a decline in rural infrastructure and amenities. She explains, though, that rural America still has much to offer the nation, which recommends policy interventions to overcome rural diseconomies of scale. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Faith Stevelman, professor of law at New York Law School, joins the Business Scholarship Podcast to discuss her forthcoming article Boards in Information Governance. In this article, Stevelman and co-author Sarah Haan explain why the paradigm of the "monitoring" board is challenged by secular economic and technological trends. In its place, they identify an emerging paradigm, "information governance," in which boards focus on the coordination and strategic management of information. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Megan Shaner, professor of law at the University of Oklahoma, joins the Business Scholarship Podcast to discuss her article The Corporate Chameleon. In this article, Shaner identifies the conceptual difficulty of identifying with certainty just who a corporation's "officers" are. In response to this difficulty, she proposes a prototype-centered definition of "officer" to aid courts, firms, and potential officers in making that assessment. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Alexander Platt, Climenko Fellow and lecturer on law at Harvard Law School, joins the Business Scholarship Podcast to discuss his forthcoming article Gatekeeping in the Dark: SEC Control over Private Securities Litigation Revisited. In this article, Platt considers the potential for SEC enforcement actions to catalyze "piggyback" litigation by private plaintiffs. To mitigate the potential for nonoptimal combinations of public plus private enforcement, he calls on the SEC to use its existing authority to account for potential "piggyback" effects in its own enforcement activities. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Brian Frye, associate professor of law at the University of Kentucky, joins the Business Scholarship Podcast to discuss his forthcoming article Against Deaccessioning Rules. In this article, Frye questions the bases for professional ethical rules that prohibit charitable art museums from selling works of art. Going further, as a matter of corporate governance, he explores situations in which museum directors may have a fiduciary duty to sell art, especially if doing so means the difference for the institution's survival. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

Hilary Allen, associate professor of law at American University, joins the Business Scholarship Podcast to discuss her essay Experimental Strategies for Regulating Fintech. In this essay, Allen reviews the challenges of regulating financial innovation and proposes that to keep up, agencies must themselves innovate and adopt new technologies to support their regulatory functions, a concept she dubs "SupTech." This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.

David Hoffman, professor of law at the University of Pennsylvania, joins the Business Scholarship Podcast to discuss his forthcoming article Transactional Scripts in Contract Stacks. In this article, Hoffman and co-author Shaanan Coheny take a critical view of "self-executing" contractual scripts, which they describe as still susceptible to long-standing contract problems and doctrines. This episode is hosted by Andrew Jennings, a teaching fellow and lecturer in law at Stanford Law School.