The Cambridge Handbook of Law and Entrepreneurship in the United States

by D. Gordon Smith (Editor), Brian Broughman (Editor), Christine Hurt (Editor)

Overview

Law plays a key role in determining the level of entrepreneurial action in society. Legal rules seek to define property rights, facilitate private ordering, and impose liability for legal wrongs, thereby attempting to establish conditions under which individuals may act. These rules also channel the development of technology, regulate information flows, and determine parameters of competition. Depending on their structure and implementation, legal rules can also discourage individuals from acting. It is thus crucial to determine which legal rules and institutions best enable entrepreneurs, whose core function is to challenge incumbency. This volume assembles legal experts from diverse fields to examine the role of law in facilitating or impeding entrepreneurial action. Contributors explore issues arising in current policy debates, including the incentive effect of legal rules on startup activity; the role of law in promoting or foreclosing market entry; and the effect of entrepreneurial action on legal doctrine.

Product Details

ISBN-13:	9781316772157
Publisher:	Cambridge University Press
Publication date:	04/14/2022
Series:	Cambridge Law Handbooks
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

D. Gordon Smith is the Dean and Ira A. Fulton Chair at the J. Reuben Clark Law School, Brigham Young University. His research and teaching has focused on venture capital and entrepreneurship, fiduciary theory, corporate governance, and transactional lawyering.
Brian Broughman is Professor of Law at Vanderbilt Law School. His research and teaching focuses on corporate law, governance in startup firms, mergers and acquisitions, and financial contracting.
Christine Hurt is the George Sutherland Chair and Professor of Law at J. Reuben Clark Law School, Brigham Young University. She is the co-author of the leading treatise in the field of partnership law, Bromberg & Ribstein on Partnership (with D. Gordon Smith). She researches, writes, and teaches in partnership law, corporate governance, and securities regulation. Her recent publications explore the intersection of startup entities and partnership law.

Table of Contents

Introduction D. Gordon Smith and Brian Broughman; 1. Entrepreneurial action D. Gordon Smith and Travis Hunt; Part I. Regulating, Lawmaking, and Entrepreneurial Action: 2. The rise of regulatory affairs in innovative startups Elizabeth Pollman; 3. Gauguin, Darwin and design thinking Alice Armitage; 4. Between the devil and the SEC Usha Rodrigues; 5. The politics of entrepreneurial capital-raising Donald C. Langevoort; 6. Venture exchange regulation: listing standards, market microstructure, and investor protection Jeff Schwartz; Part II. Governance and Entrepreneurial Action: 7. Relational contracting and business norms in entrepreneurial finance Brian Broughman; 8. Biotech strategic alliances in law and entrepreneurship D. Daniel Sokol; 9. The entrepreneurial business judgment rule Andrew Gold; 10. Entrepreneurial action in family-controlled companies Benjamin Means; Part III. Legal Incentives Supporting (and Sometimes Discouraging) Entrepreneurial Action: 11. Entrepreneurship incentives for resource-constrained firms Susan C. Morse; 12. Corrupting entrepreneurial action Joseph W. Yockey; 13. The spinoff advantage: human capital law and entrepreneurship Orly Lobel.