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Articles 1 - 30 of 56
Full-Text Articles in Entire DC Network
Megasubsidiaries: The Effect Of Corporate Structure On Corporate Control, Melvin Aron Eisenberg
Megasubsidiaries: The Effect Of Corporate Structure On Corporate Control, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg
Contractarianism Without Contracts: A Response To Professor Mcchesney, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
New Modes Of Discourse In The Corporate Law Literature, Melvin Aron Eisenberg
New Modes Of Discourse In The Corporate Law Literature, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Corporate Legitimacy, Conduct, And Governance - Two Models Of The Corporation, Melvin Aron Eisenberg
Corporate Legitimacy, Conduct, And Governance - Two Models Of The Corporation, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg
Access To The Corporate Proxy Machinery, Melvin Aron Eisenberg
Melvin A. Eisenberg
Analyzes the direct authorities and general principles of corporate law concerning access to corporate proxy machinery in the U.S. Procedure for proxy solicitation; Discussion on access to the corporate proxy machinery in connection with the election of directors; Management access to the corporate proxy machinery with matters other than election to office.
Self-Interested Transactions In Corporate Law, Melvin Aron Eisenberg
Self-Interested Transactions In Corporate Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
This Article will consider the rules that govern exchange transactions between a corporation and one or more of the corporation's directors or senior executives. I shall refer to these transactions as self-interested transactions, and I shall take as my text section 5.02 of the Tentative Draft of the ALI's PRINCIPLES OF CORPORATE GOVERNANCE.
The Bargain Principle And Its Limits, Melvin Aron Eisenberg
The Bargain Principle And Its Limits, Melvin Aron Eisenberg
Melvin A. Eisenberg
Explores the bargain principle in contract law and its limits in the U.S. Examination of the reasons that support the bargain principle in the context of half-completed bargains; Analysis of the limits that should be placed on the bargain principle under the doctrine of unconscionability; Evaluation of the reasons that support the bargain principle in the context of executory bargains.
The Structure Of Corporation Law, Melvin Aron Eisenberg, Ralph K. Winter, Fred S. Mcchesney
The Structure Of Corporation Law, Melvin Aron Eisenberg, Ralph K. Winter, Fred S. Mcchesney
Melvin A. Eisenberg
No abstract provided.
The Modernization Of Corporate Law: An Essay For Bill Cary, Melvin Aron Eisenberg
The Modernization Of Corporate Law: An Essay For Bill Cary, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg
The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg
The Limits Of Cognition And The Limits Of Contract, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Principles Of Consideration, Melvin Aron Eisenberg
Principles Of Consideration, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
The Role Of Fault In Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, And Nonperformance, Melvin Aron Eisenberg
Melvin A. Eisenberg
It is often asserted that contract law is based on strict liability, not fault. This assertion is incorrect. Fault is a basic building block of contract law, and pervades the field. Some areas of contract law, such as unconscionability, are largely fault based. Other areas, such as interpretation, include sectors that are fault based in significant part. Still other areas, such as liability for nonperformance, superficially appear to rest on strict liability, but actually rest in significant part on the fault of breaking a promise without sufficient excuse. Contract law discriminates between two types of fault: the violation of strong …
Corporate Conduct That Does Not Maximize Shareholder Gain: Legal Conduct, Ethical Conduct, The Penumbra Effect, Reciprocity, The Prisoner's Dilemma, Sheep's Clothing, Social Conduct, And Disclosure, Melvin Aron Eisenberg
Corporate Conduct That Does Not Maximize Shareholder Gain: Legal Conduct, Ethical Conduct, The Penumbra Effect, Reciprocity, The Prisoner's Dilemma, Sheep's Clothing, Social Conduct, And Disclosure, Melvin Aron Eisenberg
Melvin A. Eisenberg
Deals with the question of nonmaximizing corporate conduct. Types of corporate conduct that appear to be or are non nonmaximizing; Narration of the section 2.01 of the American Law Institute's `Principles of Corporate Governance' to shed understanding on the issue of nonmaximizing corporate conduct; Corporate philanthropy.
Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg
Participation, Responsiveness, And The Consultative Process: An Essay For Lon Fuller, Melvin Aron Eisenberg
Melvin A. Eisenberg
In this essay, Professor Eisenberg identifies three norms of the adjudicative process put forth by Professor Fuller in The Forms and Limits of Adjudication--attention by the decision-maker, explanation of the decision, and responsiveness of the decision to the parties' proofs and arguments. Professor Eisenberg argues that there is a form of social ordering which, like adjudication, is characterized by assured participation, but which does not require that the decision be responsive to the parties' proofs and arguments. He explores some of the current and potential applications of this form of social ordering, which he terms the Consultative Process. He goes …
The Responsive Model Of Contract Law, Melvin Aron Eisenberg
The Responsive Model Of Contract Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Private Ordering Through Negotiation: Dispute-Settlement And Rulemaking, Melvin Aron Eisenberg
Private Ordering Through Negotiation: Dispute-Settlement And Rulemaking, Melvin Aron Eisenberg
Melvin A. Eisenberg
Negotiation is a vital instrument in the private ordering of affairs among disputants and among those who seek to work out rides to guide their future conduct in relation to one another. In this Article, Professor Eisenberg analyzes the way principles, niles, and precedents operate in private negotiation, both in the context of resolving present disputes and in the context of rulemaking to govern future conduct. Professor Eisenberg rejects the widely perceived dichotomy between norm-free negotiation and norm-bound adjudication, and suggests that norms play an integral role in the negotiation process, especially in the resolution of disputes. While granting that …
An Overview Of The Principles Of Corporate Governance, Melvin Aron Eisenberg
An Overview Of The Principles Of Corporate Governance, Melvin Aron Eisenberg
Melvin A. Eisenberg
Presents an overview of the book 'Principles of Corporate Governance' in the United States. Background architecture of the Principles of Corporate Governance of the American Law Institute; Explanations of the policy reasons of the provisions covered by the Principles; Restatement rules of the relevant law.
Corporate Law And Social Norms, Melvin A. Eisenberg
Corporate Law And Social Norms, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
Probability And Chance In Contract Law, Melvin Aron Eisenberg
Probability And Chance In Contract Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Bad Arguments In Corporate Law, Melvin Aron Eisenberg
Bad Arguments In Corporate Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Text Anxiety, Melvin Aron Eisenberg
Donative Promises, Melvin Aron Eisenberg
Third-Party Beneficiaries, Melvin Aron Eisenberg
Third-Party Beneficiaries, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Architecture Of American Corporate Law: Facilitation And Regulation, Melvin Aron Eisenberg
The Architecture Of American Corporate Law: Facilitation And Regulation, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg
The Expectation Measure And Its Discontents, Shawn J. Bayern, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
An Introduction To The American Law Institute's Corporate Governance Project, Melvin Aron Eisenberg
An Introduction To The American Law Institute's Corporate Governance Project, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
The World Of Contract And The World Of Gift, Melvin Aron Eisenberg
The World Of Contract And The World Of Gift, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.
Actual And Virtual Specific Performance, The Theory Of Efficient Breach, And The Indifference Principle In Contract Law, Melvin A. Eisenberg
Actual And Virtual Specific Performance, The Theory Of Efficient Breach, And The Indifference Principle In Contract Law, Melvin A. Eisenberg
Melvin A. Eisenberg
No abstract provided.
The Emergence Of Dynamic Contract Law, Melvin Aron Eisenberg
The Emergence Of Dynamic Contract Law, Melvin Aron Eisenberg
Melvin A. Eisenberg
No abstract provided.