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Symposium Pieces and Shorter Articles

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Waiting For St. Vladimir, Robert T. Miller Jan 2011

Waiting For St. Vladimir, Robert T. Miller

Robert T Miller

Alasdair MacIntyre believes that the Aristotelian, virtue-theoretic morality he supports is incompatible with the economic arrangements of capitalism. In this brief article, I show that MacIntyre's main arguments for this thesis are based on discredited theories from Marx, not Aristotle, and that the arguments MacIntyre that gives that really are based on Aristotelian, virtue-theoretic notions all fail.


Nol Pill Reloaded: Selectica, Inc. V. Versata, Inc., Robert T. Miller Sep 2010

Nol Pill Reloaded: Selectica, Inc. V. Versata, Inc., Robert T. Miller

Robert T Miller

This short article discusses the Chancery Court opinion in Selectica, Inc. v. Versata Enterprises, Inc., in which Vice Chancellor Noble upheld the implementation and re-loading of an NOL poison pill. I argue that, although the case is for the most part relevant only to the limited sphere of NOL pills, the court's upholding of the reloading of the pill is likely of broader significance in Delaware takeover law.


Lyondell Chemical Co. V. Ryan: Good Faith Comes To Revlon-Land, Robert T. Miller Jan 2010

Lyondell Chemical Co. V. Ryan: Good Faith Comes To Revlon-Land, Robert T. Miller

Robert T Miller

No abstract provided.


The Board's Duty To Monitor Risk After Citigroup, Robert T. Miller Jan 2010

The Board's Duty To Monitor Risk After Citigroup, Robert T. Miller

Robert T Miller

When Citigroup suffered billions of dollars in losses on subprime securities, some of its shareholders sued the bank’s directors alleging that the losses resulted from breaches by the directors of their duty to properly monitor the risks that the bank was running by holding and dealing in such securities. After the Delaware Court of Chancery dismissed the complaint on the pleadings, many academic commentators argued that the court should have taken the opportunity to articulate more stringent legal standards governing director oversight. This contribution to a symposium at the University of Pennsylvania Law School argues that any significant expansion of …


Morals In A Market Bubble, Robert T. Miller Jan 2009

Morals In A Market Bubble, Robert T. Miller

Robert T Miller

In this short piece, I respond to the idea that the financial crisis of 2007-2008 was caused by a frenzy of immoral practices in the real estate and financial markets. I argue that such a theory is fundamentally misguided. In reality, the Federal Reserve’s unduly accommodating monetary policy in 2002-2006 and certain structural features of the relevant financial markets (especially subprime loans) combined to produce the bubble in the residential real estate market in the United States. This happened not because of moral wrongdoing by market participants but as a result of individuals rationally pursuing their economic self-interest (a) in …


Hexion V. Huntsman: Elaborating The Delaware Mac Standard, Robert T. Miller Jan 2009

Hexion V. Huntsman: Elaborating The Delaware Mac Standard, Robert T. Miller

Robert T Miller

No abstract provided.


The End Of The Road For Dr. Miles: Leegin Creative Leather Products, Inc. V. Psks, Inc., Robert T. Miller Jan 2007

The End Of The Road For Dr. Miles: Leegin Creative Leather Products, Inc. V. Psks, Inc., Robert T. Miller

Robert T Miller

No abstract provided.