The Marketplace of Ideas: Additional Reflections on Halliburton II

The CLS Blue Sky Blog presents Part II of the fourth installment of our series, “The Marketplace of Ideas.” Earlier installments on different topics are available herehere, and here. The intent is to provide different perspectives on the same subject by two or more authors.

In Part I of this installment, available here, we asked for reactions to the Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. Today, we have four additional comments on the case.

The first comment, Halliburton II and Market Efficiency, comes from Donald Read more

Halliburton II and Stare Decisis

For all the talk about market efficiency, and the dueling economic theories at the heart of the debate over the efficient capital markets hypothesis, Halliburton II ended up being decided on distinctly lawyerly grounds. Chief Justice Roberts’s opinion for the Court largely sidestepped thorny empirical questions about just how efficient markets are and instead relied on conventional judicial reasoning about precedent and the weight of authority. That is, over significant objection by Justices Thomas, Scalia, and Alito, the Court decided to be a court and not a peer review board.

After briefly describing the procedural history of the case, Justice … Read more

The Marketplace of Ideas: Reflections on Halliburton II

The CLS Blue Sky Blog presents the fourth installment of our series, “The Marketplace of Ideas.” Earlier installments on different topics are available here, here, and here. The intent is to provide different perspectives on the same subject by two or more authors. 

Today, our topic is the Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. We asked several experts to give their views on the case.

The first comment, Death by One Thousand Cuts, comes from John C. Coffee Jr. of Columbia Law School.

The second comment, The Read more

The Marketplace of Ideas: Should the SEC change the rules on blockholder disclosure?

The CLS Blue Sky Blog presents Part II of the third installment of our series, “The Marketplace of Ideas.” Earlier installments on different topics are available here and hereThe intent is to present different perspectives on the same subject by two or more authors.

Today, the subject is how the SEC should respond to Dodd Frank’s invitation to rethink the disclosure of beneficial ownership under Section 13(d). We have asked a number of experts for their views.

In Part I of this installment, available here, we heard from Professors Ronald J. Gilson of Columbia Law School and … Read more

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