The Berkeley Center for Law, Business and the Economy (BCLBE) is the hub of Berkeley Law's research and teaching on the impact of law on business and the U.S. and global economies.
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Curriculum Highlights
In Spring 2013, Prasad Krishnamurthy will teach Regulation of Capital Markets and Financial Institutions. This course will address the institutional and regulatory framework of the US capital markets and the role that financial institutions, such as banks, bank holding companies, investment banks, and investment funds, perform in these markets. Read more>
Recap of Where Is the Money? Unlocking Capital for Real Estate Energy Efficiency Improvements
The 2012 Philomathia Foundation Forum
On October 5, 2012, BCLBE, in collaboration with Manatt, Phelps & Phillips, and the Fisher Center for Real Estate & Urban Economics at UCB, co-hosted a symposium on financing energy efficiency improvements in real estate. The event featured keynotes by US Senator Ron Wyden, D-Oregon, and John Chiang, California's State Controller and presentations from leaders in the real estate, financial institution, government, philanthropy, and utility sectors. The program covered energy improvement risk from owners' and lenders' perspectives, underwriting challenges, recent technology improvements to fill critical data gaps, bond and secondary markets, and state and federal financing policies and initiatives. Read summaries here and here>
BCLBE completed events, including video recordings as well as links to related materials, can be found on the Events page.
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NEWS AND PUBLICATIONS
December 16, 2012. The New York Times. Instagram Testimony raises some questions on antitrust and perjury risks. Referring to the FTC: “These antitrust questions would not have been raised if Instagram was selling to Twitter or Google,” Eric Talley says.
A new study by Justin McCrary highlights the relationship between the local and regional economic cost of crime and the size of police forces. Read more>
December 14, 2012. Law.com. In discussing the due diligence HP conducted during the acquisition of Autonomy: "When you are teaching courses on corporate governance, it's hard not to use HP as a cautionary tale," Eric Talley says.
On December 3-4, 2012, The Jindal School of Government and Public Policy held a conference on "Comparative Perspectives on Democratic Governance: Transparency and Accountability." The event, held in collaboration with The UC Berkeley Goldman School of Public Policy, included as speakers Ken Taymor, Henry Brady, and Sudha Shetty. Read more>
The 2011 America Invents Act (AIA) revamped some key rules in the US patent system. In Priority and Novelty Under the AIA, Robert Merges describes the seismic shift from “first-to-invent” to “first-to-file” and helps patent applicants navigate the new legal landscape.
On November 15, 2012, Robert Bartlett spoke at the SEC’s Government-Business Forum on Small Business Capital Formation. The forum was divided into two panels: the first focused on the JOBS Act implementation and the second focused on small business capital formation issues not addressed by the JOBS Act. Read more>
On November 14, 2012, Nancy Wallace accepted a position with the US Department of the Treasury. She will serve on the Financial Research Advisory Committee of the Office of Financial Research (OFR) where she joins 29 distinguished professionals in economics, finance, financial services, data management, risk management, and information technology. Wallace’s focus will be the mortgage market and asset backed securitization. Press release is here>
With “Law, Economics, and the Burden(s) of Proof,” Eric Talley provides an overview of the theoretical Law and Economics literature on the burden of proof in litigation. It clarifies core legal definitions and provides a conceptual roadmap for analyzing the major contributions to theoretical law and economics. The essay concludes by offering a number of recommendations about where applied law and economics scholars could direct their research efforts.
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The November 2012 Update is available!
Robert Bartlett, joined by other law professors, filed an amicus brief in support of respondents in the pending Supreme Court case, Amgen, Inc. v. Conn. Retirement Plans and Trust Funds. Before the Court is whether plaintiffs using a “fraud-on-the-market” theory of reliance in a securities fraud (10b-5) class action must prove the “materiality” of alleged misstatements at the class certification stage. The brief argues that the histories of FRCP Rule 23 and the fraud-on-the-market presumption show that plaintiffs do not. Read more>
Prasad Krishnamurthy provided written and oral testimony in support of the bill on wage garnishment, AB 1775, to the CA
Senate Judiciary Committee and the Governor’s office on behalf of the
bill’s sponsors. The bill -- not without flaws -- was recently signed into law by
Gov. Brown, and gives workers much-needed relief in a State that leads household debt. Read more>
