Exam Questions
Select any one of the following five (5) questions and draft a response. You can use whatever we discussed in class, the readings and/or other independent research relating to law and economics and current events.
Do not be concerned with spelling/grammar/syntax – you will be graded on analyzing the issue and your arguments. The essay should be at least 1000 words but not more than 1500 words. You can include references (footnotes) and/or links but these do not count toward the word minimum. There is no specific font or spacing requirement although the recommended font size is 12 or 14. The essay is due 5 weeks after the last class – by May 8. Send your Essay to jslawotsky@idc.ac.il
Essay One: What should be the purpose of the publicly traded corporation? How does the shareholding structure (concentrated or dispersed) and the ensuing conflicts of interest impact on the question? Does the shareholder-value model and the likelihood of management-shareholder conflicts of interest affect the answer? If a corporation is not focused solely on profit-making and instead seeks to promote numerous stakeholders, how should directors/managers select an interest to promote if two or more interests exist at the same time?
Essay Two: What do you think is the main reason financial institutions repeatedly engage in misconduct – explain your reasons. With respect to the “revolving-door”, do you think the lure of a “big pay day” after government work discourages vigorous prosecution of corruption and may act to lessen the financial penalties (fines) imposed and what suggestions can you offer or is the “revolving door” unsolvable? Is there a difference between jurisdictions (shareholder versus stakeholder) with respect to any of the potential reasons or is this simply human nature?
Essay Three: Is vigorous shareholder-activism beneficial or negative on corporations and the economy? Japan’s economic performance has been lackluster and Japan has had its share of corporate scandals. Is the lack of vigorous shareholder activism in Japan detrimental to Japanese corporations and the economy? If other nations increase governmental ownership of shares and thus create an environment whereby activism is substantially reduced (or impossible) what effects will this have on corporations and overall economic performance?
Essay Four: In both the United States and China, the respective governments have acted to “bail out” important corporations which may contribute to a culture of excessive risk taking since the decision makers already know (or presume) that any serious losses will be “covered” thereby creating “moral hazards”. Are moral hazards different with respect to bailing out SOEs (state-capitalism model) versus bailing out TBTF private corporations (market-capitalism model)? Different between shareholder-value or stakeholder value models? How does national security/economic nationalism affect whether a government will tolerate moral hazards?
Essay Five: China’s state-capitalism model (state direction, industrial policies and subsidies to SOEs) has proven a competitor to the U.S. market-capitalism model and even has some Western admirers. Will market-capitalism nations be lured to (or be competitively forced to) incorporate aspects of state-capitalism to compete with competitors who provide their corporations with subsidies and state support? Or will the opposite occur with China instituting reforms of its state-owned sectors and incorporating aspects of market-capitalism? What are likely effects of each possibility?
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