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Business Organizations Law

PDF

Duke Law

Faculty Scholarship

2019

Empirical

Articles 1 - 3 of 3

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Board Diversity By Term Limits?, Darren Rosenblum, Yaron Nili Jan 2019

Board Diversity By Term Limits?, Darren Rosenblum, Yaron Nili

Faculty Scholarship

Four-fifths of the corporate board seats in the United States are held by men and a shocking number of companies lack any female representation on their boards. While institutional investors have pushed these companies for change, California took a more aggressive step and followed several European countries by mandating a quota for board representation. Heated argument has ensued over what diversity we should prioritize and what mechanisms should be used to promote diversity. Yet could these challenges be avoided altogether through the use of term limits?

This Article is the first academic inquiry exploring the connection between term limits and …


Is There A First-Drafter Advantage In M&A?, Adam B. Badawi, Elisabeth De Fontenay Jan 2019

Is There A First-Drafter Advantage In M&A?, Adam B. Badawi, Elisabeth De Fontenay

Faculty Scholarship

No abstract provided.


The Outsized Influence Of The Fcpa?, Veronica Root Martinez Jan 2019

The Outsized Influence Of The Fcpa?, Veronica Root Martinez

Faculty Scholarship

The current power and influence of the Foreign Corrupt Practices Act (“FCPA”) is really quite remarkable when one considers the statute was largely ignored for its first twenty-five years of existence. This statute, meant to reign in corruption by United States companies doing business abroad; has generated billions of dollars in revenue for the United States government; prompted the development of law firm practice groups and law school courses; become the subject of numerous scholarly articles; and has, arguably, made anti-bribery efforts the highest of priorities for multinational corporations engaged in robust compliance efforts. Corporations, scholars, and the public would …