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Articles 1 - 30 of 75
Full-Text Articles in Entire DC Network
Law And Economics: We Bought It, It Was Broken, It Was Dangerous, And We Paid For It, Kent Greenfield
Law And Economics: We Bought It, It Was Broken, It Was Dangerous, And We Paid For It, Kent Greenfield
Kent Greenfield
The End Of Contractarianism? Behavioral Economics And The Law Of Corporations, Kent Greenfield
The End Of Contractarianism? Behavioral Economics And The Law Of Corporations, Kent Greenfield
Kent Greenfield
Reviews the current state of the scholarship in the field of behavioral economics as it relates to corporate and securities law.
The End Of Contractarianism? Behavioral Economics And Law Of Corporations, Kent Greenfield
The End Of Contractarianism? Behavioral Economics And Law Of Corporations, Kent Greenfield
Kent Greenfield
No abstract provided.
States Rights > Gay Rights, Kent Greenfield
States Rights > Gay Rights, Kent Greenfield
Kent Greenfield
By now you've heard from the various news sources that, in this week’s Supreme Court arguments on California's Proposition 8 and the Defense of Marriage Act, a majority of justices expressed skepticism over both. So it's imaginable—even probable, if you believe the news—that we will find ourselves at the end of June with DOMA in the junk pile and marriage equality back on the books in California.
But don't put the pink champagne on ice just yet. In both days of argument, the justices spent an extraordinary amount of time dealing with knotty procedural issues. Both cases are complicated by …
Weird Friends Of The Court, Kent Greenfield
Weird Friends Of The Court, Kent Greenfield
Kent Greenfield
If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.
On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex marriage are unconstitutional. The parties are …
The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield
The Glocks Are Falling! The Glocks Are Falling!, Kent Greenfield
Kent Greenfield
The gun crowd is so paranoid about the erosion of their Second Amendment rights that they make Chicken Little look like an actuary.
The president’s recent gun proposals include initiatives such as expanded background checks, a ban on certain military-type rifles, and limits on the size of magazines. But if you listen to the gun folks, even these tepid proposals are—to quote a past president of the National Rifle Association—“unconstitutional schemes to gut the Second Amendment.” Iowa Senator Charles Grassley accused Obama of thinking “the Second Amendment can be tossed aside.” Any skeptical glance in the direction of that Glock …
Progressive Possibilities For Corporate Law, Kent Greenfield
Progressive Possibilities For Corporate Law, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield
Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield
Kent Greenfield
No abstract provided.
Featured Speaker, Demos Monthly Meeting, Kent Greenfield
Featured Speaker, Demos Monthly Meeting, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield
Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield
Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield
Kent Greenfield
No abstract provided.
A New Strategy To Fight Citizens United, Kent Greenfield
A New Strategy To Fight Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Corporation Speech After Citizens United, Kent Greenfield
Moderator, Corporation Speech After Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield
Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield
Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield
Kent Greenfield
No abstract provided.
Panelist, Control The Corporation Conference, Kent Greenfield
Panelist, Control The Corporation Conference, Kent Greenfield
Kent Greenfield
Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/
Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield
Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield
Kent Greenfield
No abstract provided.
Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield
Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield
Kent Greenfield
No abstract provided.
Moderator, Panel On Defense Of Marriage Act, Kent Greenfield
Moderator, Panel On Defense Of Marriage Act, Kent Greenfield
Kent Greenfield
No abstract provided.
Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield
Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield
Kent Greenfield
No abstract provided.
How To Make The 'Citizens United' Decision Worse, Kent Greenfield
How To Make The 'Citizens United' Decision Worse, Kent Greenfield
Kent Greenfield
No abstract provided.
Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield
Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield
Kent Greenfield
Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the contract-law doctrine of unconscionability in evaluating executive compensation. According to Cunningham, this additional doctrinal tool will allow courts to engage in genuine and meaningful oversight of excessive compensation. He argues that such oversight is valuable because existing corporate-law doctrine too often prompts courts to defer too much and too often to management’s decisions. Cunningham’s argument is modest yet impactful. It is modest in that it simply proposes that courts take account of a well-established area of contract law to analyze and evaluate the compensation contracts …
Presentations On The Myth Of Choice, Kent Greenfield
Presentations On The Myth Of Choice, Kent Greenfield
Kent Greenfield
Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of audiences in support of his book, The Myth of Choice, including presentations at the Center for the Study of Law & Society at UC Berkeley, the Wharton School of Business at the University of Pennsylvania, and the Southern Festival of Books in Nashville, TN.
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield
Kent Greenfield
No abstract provided.
The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield
The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield
Kent Greenfield
As capital markets in the United States increasingly "go private," it is unclear how the privatization of corporate finance will affect non-shareholder stakeholders of firms, most centrally employees, communities, and the environment. Some scholars and public policy experts believe that concern for such stakeholders should not hold any relevance in the discussion of corporate law in general, and thus may be presumed to believe the same about a conversation about privatization. In such a view, these concerns lie outside the realm of corporate governance law; they therefore should be of no great moment in the debate over whether public policy …
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield
Kent Greenfield
Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …
The Place Of Workers In Corporate Law, Kent Greenfield
The Place Of Workers In Corporate Law, Kent Greenfield
Kent Greenfield
This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article analyzes …
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Moderator, Secularism, Islam, And Democracy, Kent Greenfield
Kent Greenfield
No abstract provided.
The Herman Cain Blame Game, Kent Greenfield
The Hidden Costs Of Choice, Kent Greenfield