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The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz Aug 2004

The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz

ExpressO

Prompted by the litany of complaints about corporate boards – as once again highlighted by recent corporate scandals – this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …


Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas Mar 2004

Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas

ExpressO

Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue." …