Due Process: Articles
Due Process Institute promotes appreciation of and research about interrelationships between economic development and due process. To this end, the Institute sponsors original research and publishes related articles.
Manuscripts may be submitted by email for consideration. A copy of our selection criteria and editorial policies is available upon request. Theses by economics doctorial candidates and law review articles will be considered.
Selected Articles
"In Praise of Risk" [PDF] White Paper — The Administration's advocacy of an “Ownership Society” is an example of lip service given the economic contributions of entrepreneurship. The extent to which America’s economy is jeopardized by government policies restricting entrepreneurial activity, however, is less widely appreciated. Moreover, risk tolerance is not merely an economic issue. It is a key indicator of a society’s overall well being: it helps define humanity.
"Small Is Beautiful" [PDF] Stephen A. Boyko & Aron A. Gottesman, 2008. — Small-and Medium-sized enterprises (SMEs) produce higher ROIs and contribute more to economic growth and quality of life than do large enterprises. Their well-being is threatened by legacy practices of U.S. financial regulatory agencies.
"Random Governance" [PDF] Stephen A. Boyko, 2008. — Two distinctly different factors comprise market randomness: “risk” and “uncertainty.” Legacy governance practices which fail to distinguish between the two factors tend to create results that have proven contrary to their intended results. Unintended consequences of such legacy practices include increasing rather than decreasing the volatility attendant to market randomness.
"Risk v. Uncertainty" [PDF] Stephen A. Boyko & Anthony J. Negus, 2008. — Best practices pertaining to risk and uncertainty are largely unimplemented by financial regulatory agencies in the United States. Risk v. Uncertainty qualitatively examines the resultant decreases in economic growth and investor security.
"Should Securities Industry Self-Regulatory Organizations (SROs) Be Considered Government Agencies" [PDF] Roberta S. Karmel, 2008. — SROs grew in membership and power as they integrated into the scheme of statutory regulation during the last seventy-five years. Whether they are bound by due process protections in dealing with citizens and securities industry personnel is unclear. Decisions addressing such issues are contradictory and generally not based on constitutional law principles. The author – a Centennial Professor of Law at Brooklyn Law School, NYSE Director, and former SEC Commissioner – sketches a history of SROs while presenting a balanced analysis of the issues with particular focus on FINRA.
"Intellectual Property" [PDF] White Paper — How IP is commercialized, and by whom, has enormous consequences for America. The paper analyzes IP commercialization trends. It defines a niche within the overall R&D/IP Market, “disruptive technology,” that is more suited to commercialization by small companies and entrepreneurs than by traditional enterprises. And, it identifies certain national policies and due process aberrations that retard economic growth by hindering deployment of disruptive technology.
"Technology Transfer" [PDF] White Paper; Teton Sands — Billions are spent subsidizing R&D. Paradoxically, due process infringements by certain administrative agencies limit societal payoffs from the fruits of such research by hindering commercialization.