Open Access. Powered by Scholars. Published by Universities.®
Business Law, Public Responsibility, and Ethics Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Business associations (14)
- Corporate governance (7)
- Corporations (6)
- Corporation law (3)
- Externships (3)
-
- Law clinics (3)
- Practical training (3)
- Practicums (3)
- Problem-solving (3)
- Role-playing (3)
- Teaching (3)
- Corporate finance (2)
- Derivatives (2)
- Directors (2)
- Fiduciary duty (2)
- Great recession (2)
- Legal Education (2)
- Politics (2)
- Shareholder primacy (2)
- Shareholder voting (2)
- Tort law (2)
- : Employee participation (1)
- Abacus (1)
- Administrative law (1)
- Agency costs (1)
- Board duties related to pay practices (1)
- Board-shareholder communications (1)
- Breach of fiduciary duties (1)
- Bureaucratic Management (1)
- Business (1)
- Publication
- Publication Type
- File Type
Articles 1 - 30 of 40
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Order On Defendant's Motion To Dismiss (Mary Ann Digan Et Al.), Elizabeth E. Long
Order On Defendant's Motion To Dismiss (Mary Ann Digan Et Al.), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Order On Defendants' Motion For Partial Summary Judgment (North Star Jefferson, Llc Et Al.), Elizabeth E. Long
Order On Defendants' Motion For Partial Summary Judgment (North Star Jefferson, Llc Et Al.), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Order On Georgia-Pacific's Motion And Memorandum To Exclude Damages (Ezgreen Assoc. Llc), John J. Goger
Order On Georgia-Pacific's Motion And Memorandum To Exclude Damages (Ezgreen Assoc. Llc), John J. Goger
Georgia Business Court Opinions
No abstract provided.
Order On Nov. 1, 2013 Hearing (Michael D. Sullivan), Elizabeth E. Long
Order On Nov. 1, 2013 Hearing (Michael D. Sullivan), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Order On Nov. 14, 2013 Hearing (United Community Bank), John J. Goger
Order On Nov. 14, 2013 Hearing (United Community Bank), John J. Goger
Georgia Business Court Opinions
No abstract provided.
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
David K. Millon
No abstract provided.
Order On Motion To Compel Arbitration (Fulton County School District), Melvin K. Westmoreland
Order On Motion To Compel Arbitration (Fulton County School District), Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Order On Motion For An Order To Show Cause (Bennett L. Knight And William C. Lankford, Jr. As Trustee Of The Walter Bunzl Trusts), Melvin K. Westmoreland
Order On Motion For An Order To Show Cause (Bennett L. Knight And William C. Lankford, Jr. As Trustee Of The Walter Bunzl Trusts), Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Foreword, Robert J. Rhee
Order And Judgment On Plaintiff's Motion (Hamilton State Bank), Melvin K. Westmoreland
Order And Judgment On Plaintiff's Motion (Hamilton State Bank), Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Order On Motion To Strike Expert Reinaldo Pascual (Anatoly Melamud Et Al.), Melvin K. Westmoreland
Order On Motion To Strike Expert Reinaldo Pascual (Anatoly Melamud Et Al.), Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Justin Schwartz
Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …
Order On Joint Motion To Seal Record (Zelby), Elizabeth E. Long
Order On Joint Motion To Seal Record (Zelby), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Michelle M. Harner
The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.
Order On Defendants' Motion To Dismiss (Zelby), Elizabeth E. Long
Order On Defendants' Motion To Dismiss (Zelby), Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
Robert Rhee
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Striking The Right Balance: Investor And Consumer Protection In The New Financial Marketplace: Introduction, Lisa Fairfax, Arthur E. Wilmarth Jr
Striking The Right Balance: Investor And Consumer Protection In The New Financial Marketplace: Introduction, Lisa Fairfax, Arthur E. Wilmarth Jr
All Faculty Scholarship
On March 2, 2012, The George Washington University Law School's Center for Law, Economics & Finance and The George Washington Law Review jointly hosted a symposium entitled "Striking the Right Balance: Investor and Consumer Protection in the New Financial Marketplace."' The symposium focused on two principal topics. First, participants analyzed the impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") on investors and consumers in three areas of federal regulation-securities markets, derivatives markets, and consumer financial products. Second, the symposium evaluated the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") on its tenth anniversary and considered whether Sarbanes-Oxley's legacy might …
Teaching Federal Corporate Law, Verity Winship
Teaching Federal Corporate Law, Verity Winship
Journal of Business & Technology Law
No abstract provided.
Public-Private Regime Interactions In Global Food Safety Governance, Ching-Fu Lin
Public-Private Regime Interactions In Global Food Safety Governance, Ching-Fu Lin
Transnational Business Governance Interactions Working Papers
In response to an apparent decline in global food safety, numerous public and private regulatory initiatives have emerged to restore public confidence. This trend has been particularly marked by the growing influence of private regulators such as multinational food companies, supermarket chains and non-governmental organizations (NGOs), who employ private standards, certification protocols, third-party auditing, and transnational contracting practices. This paper explores how the structure and processes of private food safety governance interact with traditional public governance regimes, focusing on Global Good Agricultural Practices (GlobalGAP) as a primary example of the former. Due to the inefficiency and ineffectiveness of public regulation …
Private Governance, Public Implications And The Tightrope Of Regulatory Reform: The Isda Credit Derivatives Determinations Committees, John Biggins, Colin Scott
Private Governance, Public Implications And The Tightrope Of Regulatory Reform: The Isda Credit Derivatives Determinations Committees, John Biggins, Colin Scott
Transnational Business Governance Interactions Working Papers
Regulatory relationships in financial markets exemplify the importance and changing nature of transnational business governance interactions (TBGI). These interactions involve reciprocal forces of influence between private and public regulators. This paper examines one key case of private governance in financial markets: the emergence, structures and decision-making of Credit Derivatives Determinations Committees (DCs) of the International Swaps and Derivatives Association (ISDA). The paper highlights the mechanisms or 'pathways' of interaction between ISDA, governments, courts and public regulators. Interactions between state and non-state actors are shown to occur in both operational and policy spheres. ISDA is found to be a particularly resilient …
A System Of Transnational Business Interactions: The Case Of The Living Wage, David J. Doorey
A System Of Transnational Business Interactions: The Case Of The Living Wage, David J. Doorey
Transnational Business Governance Interactions Working Papers
The subject of transnational business governance (TBG) interactions is an emerging field of study. These interactions are complex, involving multiple public and private actors crossing vast geopolitical spaces, with sometimes shared, but often conflicting interests. This complexity makes TBG interactions both an exciting new field of inquiry for scholars, but also an extremely challenging one. In these early days of theory development, it is useful to engage in a mapping exercise that will help scholars identify and test the relationships between the many inputs and outputs of TBG interactions. This new systems framework is demonstrated by reference to the complex …
The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz
The Merits Of Cooperative Corporate Governance In The Digital Age, Meredith-Anne Kurz
Meredith-Anne Kurz
No abstract provided.
Last Of The Tai-Pans: Corporate Governance In Hong Kong, Bryane Michael
Last Of The Tai-Pans: Corporate Governance In Hong Kong, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
How can corporate governance facilitate investment in Hong Kong? In this presentation, I review the main findings of a longer working paper.
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
Faculty Scholarship
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag
Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag
Journal of Business & Technology Law
No abstract provided.
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Journal of Business & Technology Law
No abstract provided.
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Journal of Business & Technology Law
The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.
Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana
Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana
Journal of Business & Technology Law
No abstract provided.
Who Calls The Shots?: How Mutual Funds Vote On Director Elections, Stephen J. Choi, Jill E. Fisch, Marcel Kahan
Who Calls The Shots?: How Mutual Funds Vote On Director Elections, Stephen J. Choi, Jill E. Fisch, Marcel Kahan
All Faculty Scholarship
Shareholder voting has become an increasingly important focus of corporate governance, and mutual funds control a substantial percentage of shareholder voting power. The manner in which mutual funds exercise that power, however, is poorly understood. In particular, because neither mutual funds nor their advisors are beneficial owners of their portfolio holdings, there is concern that mutual fund voting may be uninformed or tainted by conflicts of interest. These concerns, if true, hamper the potential effectiveness of regulatory reforms such as proxy access and say on pay. This article analyzes mutual fund voting decisions in uncontested director elections. We find that …
Mandating Board-Shareholder Engagement?, Lisa Fairfax
Mandating Board-Shareholder Engagement?, Lisa Fairfax
All Faculty Scholarship
This Article not only argues that corporations must be encouraged to enhance the level of communication between shareholders and the board, but also maintains that the benefits of increased engagement are significant enough that we should consider developing standards for incentivizing, if not mandating, more robust board-shareholder engagement for corporations that fail to respond to such encouragement. In the last several years, shareholders not only have gained increased authority over corporate elections and governance matters, but also have demonstrated a willingness to use that authority to challenge, and even reject, management policies and practices. Shareholders also have begun to demand …