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.
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Assembling legal experts from diverse fields, this volume examines the role of law in facilitating or impeding entrepreneurial action.
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vii | |
| Introduction |
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1 | (9) |
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10 | (15) |
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PART I REGULATING, LAWMAKING, AND ENTREPRENEURIAL ACTION |
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25 | (102) |
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2 The Rise of Regulatory Affairs in Innovative Startups |
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27 | (22) |
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3 Gauguin, Darwin, and Design Thinking: A Solution to the Impasse between Innovation and Regulation |
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49 | (26) |
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4 Between the Devil and the SEG |
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75 | (10) |
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5 The Politics of Entrepreneurial Capital-Raising |
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85 | (17) |
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6 Venture Exchange Regulation: Listing Standards, Market Microstructure, and Investor Protection |
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102 | (25) |
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PART II GOVERNANCE AND ENTREPRENEURIAL ACTION |
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127 | (68) |
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7 Relational Contracting and Business Norms in Entrepreneurial Finance |
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129 | (20) |
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8 Biotech Strategic Alliances in Law and Entrepreneurship |
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149 | (15) |
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9 The Entrepreneurial Business Judgment Rule |
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164 | (16) |
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10 Entrepreneurial Action in Family-Controlled Companies |
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180 | (15) |
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PART III LEGAL INCENTIVES SUPPORTING (AND SOMETIMES DISCOURAGING) ENTREPRENEURIAL ACTION |
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195 | |
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11 Entrepreneurship Incentives for Resource-Constrained Firms |
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197 | (18) |
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12 Searching for the Optimal Legal Limits on Charity Entrepreneurship |
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215 | (19) |
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13 Corrupting Entrepreneurial Action |
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234 | (23) |
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14 The Spinoff Advantage: Human Capital Law and Entrepreneurship |
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257 | (11) |
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268 | |
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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.
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