A Proposal to Limit the Anti-Competitive Power of Institutional Investors

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Publisher :
ISBN 13 :
Total Pages : 51 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis A Proposal to Limit the Anti-Competitive Power of Institutional Investors by : Eric A. Posner

Download or read book A Proposal to Limit the Anti-Competitive Power of Institutional Investors written by Eric A. Posner and published by . This book was released on 2017 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent scholarship has shown that institutional investors may cause softer competition among product market rivals because of their significant ownership stakes in competing firms in concentrated industries. However, while calls for litigation against them under Section 7 of the Clayton Act are understandable, private or indiscriminate government litigation could also cause significant disruption to equity markets because of its inherent unpredictability and would fail to eliminate most of the harms from common ownership. To minimize this disruption while achieving competitive conditions in oligopolistic markets, the Department of Justice and the Federal Trade Commission should take the lead by adopting a public enforcement policy of the Clayton Act against institutional investors. Investors in firms in well-defined oligopolistic industries would benefit from a safe harbor from government enforcement of the Clayton Act if they either limit their holdings of an industry to a small stake (no more than 1% of the total size of the industry) or hold the shares of only a single “effective firm” per industry. Free-standing index funds that commit to pure passivity would not be limited in size. Using simulations based on empirical evidence, we show that under broad assumptions this policy would generate many times larger competitive gains than harms to diversification and other values. The policy would also improve corporate governance by institutional investors.

The Corporate Governance Cartel

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Corporate Governance Cartel by : Danielle Chaim

Download or read book The Corporate Governance Cartel written by Danielle Chaim and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article offers a novel -- antitrust -- perspective on a growing phenomenon in capital markets: institutional investor coalitions. It reveals the anticompetitive risks that investor coalitions pose and challenges the prevailing positive view of this development in capital markets. Traditionally, corporate law has encouraged investor cooperation, regarding it as the solution to the well-known collective-action problem facing public shareholders. As this Article shows, however, the recent evolution of investor alliances into powerful, orchestrated coalitions often emerge at the border between firms and markets, affecting not only the intra-firm governance arrangements of the companies held by the coalition members but also the capital markets themselves. At the firm-market border, cooperation among institutional investors -- even around seemingly benign corporate governance issues -- provides an opportunity for tacit collusion that grants members an unfair advantage in the markets in which they compete. To demonstrate this contention, this Article adopts an antitrust lens to analyze the collective efforts of one particular group of institutional investors: the coalition to inhibit firms' use of dual-class stock in initial public offerings (IPOs). This original account of the coalition against the dual-class structure exposes the significant anticompetitive effects that may arise when competing buyers of shares in the primary market coordinate their response to a governance term at the IPO juncture. Since the members of the coalition collectively account for most of the expected market demand for public offerings, their orchestrated efforts can be seen as an exercise of buyer-side power. The exploitation of such power effectively creates a cartel of buyers in the primary market, resulting in two potential economic distortions: (1) abnormal underpricing of dual-class offerings and (2) suboptimal governance arrangements. Both distortions point to overlooked perils associated with the mass-scale aggregation of power by institutional investors. The potential anticompetitive effects of such investor coalitions -- whose actions may be vigorous and sustained, yet difficult to pinpoint -- require an immediate policy response. This Article thus proposes regulatory reforms aimed at preventing institutional investors from engaging in collective actions that limit competition. The proposed policies represent a means to achieve the necessary delicate balance between the goal of corporate law to encourage cooperation among shareholders and the goal of antitrust law to restrict collaboration among competitors.

The Great Reversal

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Publisher : Belknap Press
ISBN 13 : 0674237544
Total Pages : 361 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Great Reversal by : Thomas Philippon

Download or read book The Great Reversal written by Thomas Philippon and published by Belknap Press. This book was released on 2019 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: American markets, once a model for the world, are giving up on competition. Thomas Philippon blames the unchecked efforts of corporate lobbyists. Instead of earning profits by investing and innovating, powerful firms use political pressure to secure their advantages. The result is less efficient markets, leading to higher prices and lower wages.

ESG and Responsible Institutional Investing Around the World: A Critical Review

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Publisher : CFA Institute Research Foundation
ISBN 13 : 1944960988
Total Pages : 80 pages
Book Rating : 4.9/5 (449 download)

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Book Synopsis ESG and Responsible Institutional Investing Around the World: A Critical Review by : Pedro Matos

Download or read book ESG and Responsible Institutional Investing Around the World: A Critical Review written by Pedro Matos and published by CFA Institute Research Foundation. This book was released on 2020-05-29 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This survey examines the vibrant academic literature on environmental, social, and governance (ESG) investing. While there is no consensus on the exact list of ESG issues, responsible investors increasingly assess stocks in their portfolios based on nonfinancial data on environmental impact (e.g., carbon emissions), social impact (e.g., employee satisfaction), and governance attributes (e.g., board structure). The objective is to reduce exposure to investments that pose greater ESG risks or to influence companies to become more sustainable. One active area of research at present involves assessing portfolio risk exposure to climate change. This literature review focuses on institutional investors, which have grown in importance such that they have now become the largest holders of shares in public companies globally. Historically, institutional investors tended to concentrate their ESG efforts mostly on corporate governance (the “G” in ESG). These efforts included seeking to eliminate provisions that restrict shareholder rights and enhance managerial power, such as staggered boards, supermajority rules, golden parachutes, and poison pills. Highlights from this section: · There is no consensus on the exact list of ESG issues and their materiality. · The ESG issue that gets the most attention from institutional investors is climate change, in particular their portfolio companies’ exposure to carbon risk and “stranded assets.” · Investors should be positioning themselves for increased regulation, with the regulatory agenda being more ambitious in the European Union than in the United States. Readers might come away from this survey skeptical about the potential for ESG investing to affect positive change. I prefer to characterize the current state of the literature as having a “healthy dose of skepticism,” with much more remaining to be explored. Here, I hope the reader comes away with a call to action. For the industry practitioner, I believe that the investment industry should strive to achieve positive societal goals. CFA Institute provides an exemplary case in its Future of Finance series (www.cfainstitute.org/research/future-finance). For the academic community, I suggest we ramp up research aimed at tackling some of the open questions around the pressing societal goals of ESG investing. I am optimistic that practitioners and academics will identify meaningful ways to better harness the power of global financial markets for addressing the pressing ESG issues facing our society.

Corporate Governance Strengthening Latin American Corporate Governance The Role of Institutional Investors

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Publisher : OECD Publishing
ISBN 13 : 9264116052
Total Pages : 78 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Corporate Governance Strengthening Latin American Corporate Governance The Role of Institutional Investors by : OECD

Download or read book Corporate Governance Strengthening Latin American Corporate Governance The Role of Institutional Investors written by OECD and published by OECD Publishing. This book was released on 2011-07-01 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report reflects long-term, in-depth discussion and debate by participants in the Latin American Roundtable on Corporate Governance.

The Interaction Between Competition Law and Corporate Governance

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Publisher : Cambridge University Press
ISBN 13 : 1108422497
Total Pages : 317 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Interaction Between Competition Law and Corporate Governance by : Florence Thépot

Download or read book The Interaction Between Competition Law and Corporate Governance written by Florence Thépot and published by Cambridge University Press. This book was released on 2019-02-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interaction between competition law and corporate governance. It will appeal to an audience of lawyers and non-lawyer competition professionals in the US, UK, and EU, as well as other jurisdictions with competition law regimes.

Hedge Fund Activism

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Publisher : Now Publishers Inc
ISBN 13 : 1601983387
Total Pages : 76 pages
Book Rating : 4.6/5 (19 download)

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Book Synopsis Hedge Fund Activism by : Alon Brav

Download or read book Hedge Fund Activism written by Alon Brav and published by Now Publishers Inc. This book was released on 2010 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hedge Fund Activism begins with a brief outline of the research literature and describes datasets on hedge fund activism.

The New Power Brokers

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Publisher : Springer Nature
ISBN 13 : 3031647335
Total Pages : 169 pages
Book Rating : 4.0/5 (316 download)

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Book Synopsis The New Power Brokers by : Sahand Moarefy

Download or read book The New Power Brokers written by Sahand Moarefy and published by Springer Nature. This book was released on with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Mutual Fund Industry

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Publisher : Columbia University Press
ISBN 13 : 0231151829
Total Pages : 254 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis The Mutual Fund Industry by : R. Glenn Hubbard

Download or read book The Mutual Fund Industry written by R. Glenn Hubbard and published by Columbia University Press. This book was released on 2010 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual funds form the bedrock of retirement savings in the United States, and, considering their rapid growth over recent decades, are sure to become even more financially critical in the coming decades. Because the size of fees paid by investors to mutual fund advisers can strongly affect the return on investment, these fees have become contentious in Congress and the courts, with many arguing that investment advisers grow rich at the expense of investors. This groundbreaking book not only conceptualizes a new economic model for the industry but uses this model to test price competition between investment advisers. Its highly experienced authors track the growth of the industry over the past twenty-five years and present the arguments and evidence both for and against theories of adviser malfeasance, as well as the assertion that market forces fail to protect investors' returns from excessive fees. The volume briefly reviews the regulatory history of mutual fund fees and leading case decisions addressing excessive fees. It also reveals the extent to which the governance structure of mutual funds impacts fund performance. There is no greater text for those who seek to understand today's mutual fund industry, including investors, money managers, fund directors, securities lawyers, economists, and those concerned with regulatory policy toward mutual funds

Stay the Course

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Publisher : John Wiley & Sons
ISBN 13 : 1119404312
Total Pages : 320 pages
Book Rating : 4.1/5 (194 download)

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Book Synopsis Stay the Course by : John C. Bogle

Download or read book Stay the Course written by John C. Bogle and published by John Wiley & Sons. This book was released on 2018-11-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A journey through the Index Revolution from the man who started it all Stay the Course is the story the Vanguard Group as told by its founder, legendary investor John C. Bogle. This engrossing book traces the history of Vanguard—the largest mutual fund organization on earth. Offering the world’s first index mutual fund in 1976, John Bogle led Vanguard from a $1.4 billion firm with a staff of 28 to a global company of 16,000 employees and with more than $5 trillion in assets under management. An engaging blend of company history, investment perspective, and personal memoir, this book provides a fascinating look into the mind of an extraordinary man and the company he created. John Bogle continues to be an inspiring and trusted figure to millions of individual investors the world over. His creative innovation, personal integrity, and stubborn determination infuse every aspect of the company he founded. This accessible and engaging book will help you: Explore the history of some of Vanguard’s most important mutual funds, including First Index Investment Trust, Wellington Fund, and Windsor Fund Understand how the Vanguard Group gave rise to the Index Revolution and transformed the lives of millions of individual investors Gain insight on John Bogle’s views on values such as perseverance, caring, commitment, integrity, and fairness Investigate a wide range of investing topics through the lens of one of the most prominent figures in the history of modern finance The Vanguard Group and John Bogle are inextricably linked—it would be impossible to tell one story without the other. Stay the Course: The Story of Vanguard and the Index Revolution weaves these stories together taking you on a journey through the history of one revolutionary company and one remarkable man. Investors, wealth managers, financial advisors, business leaders, and those who enjoy a good story, will find this book as informative and unique as its author.

Radical Markets

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Publisher : Princeton University Press
ISBN 13 : 0691196974
Total Pages : 208 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Radical Markets by : Eric A. Posner

Download or read book Radical Markets written by Eric A. Posner and published by Princeton University Press. This book was released on 2019-10-08 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revolutionary ideas on how to use markets to achieve fairness and prosperity for all Many blame today's economic inequality, stagnation, and political instability on the free market. The solution is to rein in the market, right? Radical Markets turns this thinking on its head. With a new foreword by Ethereum creator Vitalik Buterin and virtual reality pioneer Jaron Lanier as well as a new afterword by Eric Posner and Glen Weyl, this provocative book reveals bold new ways to organize markets for the good of everyone. It shows how the emancipatory force of genuinely open, free, and competitive markets can reawaken the dormant nineteenth-century spirit of liberal reform and lead to greater equality, prosperity, and cooperation. Only by radically expanding the scope of markets can we reduce inequality, restore robust economic growth, and resolve political conflicts. But to do that, we must replace our most sacred institutions with truly free and open competition—Radical Markets shows how.

Research Handbook on the Law and Economics of Competition Enforcement

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789903793
Total Pages : 507 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Research Handbook on the Law and Economics of Competition Enforcement by : Kokkoris, Ioannis

Download or read book Research Handbook on the Law and Economics of Competition Enforcement written by Kokkoris, Ioannis and published by Edward Elgar Publishing. This book was released on 2022-08-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.

The Interaction Between Competition Law and Corporate Governance

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Publisher : Cambridge University Press
ISBN 13 : 1108526365
Total Pages : 317 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Interaction Between Competition Law and Corporate Governance by : Florence Thépot

Download or read book The Interaction Between Competition Law and Corporate Governance written by Florence Thépot and published by Cambridge University Press. This book was released on 2019-02-14 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florence Thépot provides the first systematic account of the interaction between competition law and corporate governance. She challenges the 'black box' conception of the firm- or 'undertaking' - in competition law, as applied to increasingly complex corporate relations. The book opens the 'black box' of the firm to understand the internal drivers of collusive behaviour, and proposes a unified approach to cartel enforcement, based on the agency theory. It explores key issues including corporate compliance programmes, the attribution of liability in corporate groups, and structural links between competitors, and should be read by anyone interested in how the evolution of the corporate landscape impacts competition law.

Antitrust

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Publisher : Vintage
ISBN 13 : 0525563997
Total Pages : 625 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Antitrust by : Amy Klobuchar

Download or read book Antitrust written by Amy Klobuchar and published by Vintage. This book was released on 2022-01-18 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL BESTSELLER • Antitrust enforcement is one of the most pressing issues facing America today—and Amy Klobuchar, the widely respected senior senator from Minnesota, is leading the charge. This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation. In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement. Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google. She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation. As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.

Principles of Enterprise Law

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Publisher : Cambridge University Press
ISBN 13 : 1009051059
Total Pages : 815 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Principles of Enterprise Law by : Ewan McGaughey

Download or read book Principles of Enterprise Law written by Ewan McGaughey and published by Cambridge University Press. This book was released on 2022-09-01 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major enterprises shape our lives in countless ways: big tech and 'surveillance media' that affect democratic debate, algorithms that influence online shopping, transport to work and home, energy and agriculture corporations that drive climate damage, and public services that provide our education, health, water, and housing. The twentieth century experienced swings between private and public ownership, between capitalism and socialism, without any settled, principled outcome, and without settling major questions of how enterprises should be financed, governed and the rights we have in them. This book's main question is 'are there principles of enterprise law', and, if they are missing, 'what principles of enterprise law should there be'? Principles of Enterprise Law gives a functional account of the 'general' enterprise laws of companies, investment, labour, competition and insolvency, before moving into specific enterprises, from universities to the military. It is an original guide to our economic constitution and human rights.

INSTITUTIONAL INVESTOR STUDY REPORT OF THE SECURITIES AND EXCHANGE COMMISSION VOLUME 3

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Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis INSTITUTIONAL INVESTOR STUDY REPORT OF THE SECURITIES AND EXCHANGE COMMISSION VOLUME 3 by :

Download or read book INSTITUTIONAL INVESTOR STUDY REPORT OF THE SECURITIES AND EXCHANGE COMMISSION VOLUME 3 written by and published by . This book was released on 1971 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics Industry

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Publisher : Harvard Business Press
ISBN 13 : 1633699242
Total Pages : 316 pages
Book Rating : 4.6/5 (336 download)

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Book Synopsis The Politics Industry by : Katherine M. Gehl

Download or read book The Politics Industry written by Katherine M. Gehl and published by Harvard Business Press. This book was released on 2020-06-23 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading political innovation activist Katherine Gehl and world-renowned business strategist Michael Porter bring fresh perspective, deep scholarship, and a real and actionable solution, Final Five Voting, to the grand challenge of our broken political and democratic system. Final Five Voting has already been adopted in Alaska and is being advanced in states across the country. The truth is, the American political system is working exactly how it is designed to work, and it isn't designed or optimized today to work for us—for ordinary citizens. Most people believe that our political system is a public institution with high-minded principles and impartial rules derived from the Constitution. In reality, it has become a private industry dominated by a textbook duopoly—the Democrats and the Republicans—and plagued and perverted by unhealthy competition between the players. Tragically, it has therefore become incapable of delivering solutions to America's key economic and social challenges. In fact, there's virtually no connection between our political leaders solving problems and getting reelected. In The Politics Industry, business leader and path-breaking political innovator Katherine Gehl and world-renowned business strategist Michael Porter take a radical new approach. They ingeniously apply the tools of business analysis—and Porter's distinctive Five Forces framework—to show how the political system functions just as every other competitive industry does, and how the duopoly has led to the devastating outcomes we see today. Using this competition lens, Gehl and Porter identify the most powerful lever for change—a strategy comprised of a clear set of choices in two key areas: how our elections work and how we make our laws. Their bracing assessment and practical recommendations cut through the endless debate about various proposed fixes, such as term limits and campaign finance reform. The result: true political innovation. The Politics Industry is an original and completely nonpartisan guide that will open your eyes to the true dynamics and profound challenges of the American political system and provide real solutions for reshaping the system for the benefit of all. THE INSTITUTE FOR POLITICAL INNOVATION The authors will donate all royalties from the sale of this book to the Institute for Political Innovation.