iiinova — where your digital self keeps evolving

Jay Kesten @jaykesten.bsky.social · 06/03/2026

Another recent paper just posted to SSRN. I am particularly proud of this one because I am co-authoring with two students who began as research assistants, but whose work ethic and work product was so wonderful that they deserved a place on the byline. papers.ssrn.com/abstract=632...

papers.ssrn.com

<i>Blasius</i>: A Systematic Empirical Analysis

<div> Blasius Industries, Inc. v. Atlas Corp. is widely regarded as Delaware’s most forceful defense of the shareholder franchise—and one of its most controver

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Jay Kesten @jaykesten.bsky.social · 24/02/2026

Just posted a paper to SSRN: PRESIDENTIAL IMMUNITY: A LESSON FROM CORPORATE LAW (papers.ssrn.com/abstract=629...). Would love commentary, and - if any law review editors are reading - a home for the piece!

papers.ssrn.com

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Jay Kesten @jaykesten.bsky.social · 07/02/2025

Corporate political spending should be a matter of shareholder concern/approval. There was a lot of eyerolling when I presented a paper a nearly a decade ago and explained how this would avoid political extortion: surely the government would never ask public corporations to kiss the ring!?

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Jay Kesten @jaykesten.bsky.social · 01/02/2025

My allegedly libertarian friends tell me that all we're seeing here is the Silicon Valley Bro "move fast and break things" mentality, and so I shouldn't worry about it. Some of them even concede that maybe that's not a great way to run the infrastructure of the largest economy in the world.

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Jay Kesten @jaykesten.bsky.social · 25/01/2025

We're watching the classical liberal tropes about the marketplace for ideas implode under their own weight right in front of us. And, ironically, being lectured simultaneously about how all viewpoints, no matter how absurd or extremist, must be engaged with seriously and civilly.

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Jay Kesten @jaykesten.bsky.social · 05/12/2024

I'm not generally a ConLaw person, but I've been following the Skrmetti case quite closely. In particular, I've seen a variety of commentary on Gorsuch -- his silence during the oral argument, and his opinion in Bostock. I have some thoughts, below, but I welcome more expert commentary!

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Jay Kesten @jaykesten.bsky.social · 20/11/2024

Corporate law/M&A people -- is there anything left to Siliconix (and the distinction between freeze-out mergers vs. tender offers)?

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Jay Kesten @jaykesten.bsky.social · 20/11/2024

A bit about me: I teach corporate law (and M&A, CorpFin, corporate governance, etc...) at FSU. I write primarily about public markets: everything from the law and economics of the IPO decision, to appraisal arbitrage, to corporate governance in the shadow of the culture wars.

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