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Business Law, Public Responsibility, and Ethics Commons™
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Articles 31 - 60 of 61
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long
Tara Scott Et Al., Order Regrading Timeliness Of Plaintiffs Bailey M. Carter And Mary Wilson Carter's Claims, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Robert D. Scarborough, Jr. Et Al., Order Denying Defendants’ Motion To Compel, Elizabeth E. Long
Robert D. Scarborough, Jr. Et Al., Order Denying Defendants’ Motion To Compel, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Robert D. Scarborough Jr. Et Al., Order On Plaintiffs' Motion To Disqualify Banker Donelson, Llp As Counsel For The Defendants, Elizabeth E. Long
Robert D. Scarborough Jr. Et Al., Order On Plaintiffs' Motion To Disqualify Banker Donelson, Llp As Counsel For The Defendants, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Trewin Homes, Llc, Order On Defendants’ Motion To Compel, Melvin K. Westmoreland
Trewin Homes, Llc, Order On Defendants’ Motion To Compel, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Omar Abdel-Aleem Et Al., Order On Defendants’ Motion To Compel Discovery, Melvin K. Westmoreland
Omar Abdel-Aleem Et Al., Order On Defendants’ Motion To Compel Discovery, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
The Housing Authority Of The City Of Atlanta, Georgia, Order On Pending Motions, Alice D. Bonner
The Housing Authority Of The City Of Atlanta, Georgia, Order On Pending Motions, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Bernard H. Bronner, Derivatively On Behalf Of Rainforest Production Holdings, Inc. And Directly On Behalf Of Himself, Order On Certain Pending Motions, Melvin K. Westmoreland
Bernard H. Bronner, Derivatively On Behalf Of Rainforest Production Holdings, Inc. And Directly On Behalf Of Himself, Order On Certain Pending Motions, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Bsl Holdings, Llc Et Al., Order On Plaintiff's Third Motion To Compel Discovery, Elizabeth E. Long
Bsl Holdings, Llc Et Al., Order On Plaintiff's Third Motion To Compel Discovery, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
Business Law Bulletin, Spring 2018
Drummond Financial Services Llc, Et Al. Order On Pending Motions And Requests, John J. Goger
Drummond Financial Services Llc, Et Al. Order On Pending Motions And Requests, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Big Data In Finance: Highlights From The Big Data In Finance Conference Hosted At The University Of Michigan October 27-28, 2016, Michael S. Barr, Brian Koziara, Mark D. Flood, Alfred Hero, H. V. Jagadish
Big Data In Finance: Highlights From The Big Data In Finance Conference Hosted At The University Of Michigan October 27-28, 2016, Michael S. Barr, Brian Koziara, Mark D. Flood, Alfred Hero, H. V. Jagadish
Law & Economics Working Papers
How can financial data be made more accessible and more secure, as well as more useful to regulators, market participants, and the public? As new data sets are created, opportunities emerge. Vast quantities of financial data may help identify emerging risks, enable market participants and regulators to see and better understand financial networks and interconnections, enhance financial stability, bolster consumer protection, and increase access to the underserved. Data can also increase transparency in the financial system for market participants, regulators and the public. These data sets, however, can raise significant questions about security and privacy; ensuring data quality; protecting against …
Carol Lynn Eden, As Trustee Caroll Ynn Eden, As Trustee Of The 2005 Schinazi Gst Grantor Trust Order Denying Respondents’ Motion To Compel Arbitration And Denying As Moot Petitioner’S Application To Stay Arbitration, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Frances B. Bunzl Order Denying William C. Lankford's Motion To Dismiss Third Party, John J. Goger
Frances B. Bunzl Order Denying William C. Lankford's Motion To Dismiss Third Party, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Omar Abdel-Aleem Et Al., Order On Third-Party Defendants' Motion To Dismiss The Third-Party Complaint, Melvin K. Westmoreland
Omar Abdel-Aleem Et Al., Order On Third-Party Defendants' Motion To Dismiss The Third-Party Complaint, Melvin K. Westmoreland
Georgia Business Court Opinions
No abstract provided.
Starwood Hotels & Resorts Worldwide, Llc Et Al., Order On Certain Pending Motions, Alice D. Bonner
Starwood Hotels & Resorts Worldwide, Llc Et Al., Order On Certain Pending Motions, Alice D. Bonner
Georgia Business Court Opinions
No abstract provided.
Bsl Holdings, Llc Et Al., Order Granting In Part And Denying In Part Defendants' Second Renewed Partial Motion To Dismiss, Elizabeth E. Long
Bsl Holdings, Llc Et Al., Order Granting In Part And Denying In Part Defendants' Second Renewed Partial Motion To Dismiss, Elizabeth E. Long
Georgia Business Court Opinions
No abstract provided.
The Emerging International Taxation Problems, James G. Yang, Victor N.A. Metallo
The Emerging International Taxation Problems, James G. Yang, Victor N.A. Metallo
Department of Accounting and Finance Faculty Scholarship and Creative Works
The problems of tax evasion and tax avoidance are as old as taxes themselves. Between 2015 and 2016 alone, many U.S. multinational corporations were involved in tax disputes with the European Commission. From a historical perspective, these disputes are unprecedented as they have resulted in tremendous amount of tax penalties. The most notable case was Apple for €13 billion of unpaid tax. This article discusses what tax strategies these corporations used that caused such disputes. It specifically investigates seven corporations: Apple Inc., McDonald’s, Starbucks, Fiat, Amazon, Google, and Ikea, and elaborates on the following tax strategies: high royalties, intercompany transfer …
Transnational Business Governance Interactions And Financial Regulation Change: A Case Of Asian Financial Markets, Simin Gao, Christopher Chen
Transnational Business Governance Interactions And Financial Regulation Change: A Case Of Asian Financial Markets, Simin Gao, Christopher Chen
Transnational Business Governance Interactions Working Papers
This chapter examines the interactions of transnational business governance schemes regulating the global derivatives markets with multiple levels of interactions. The chapter describes the process of interactions via the theory of isomorphism. First, after examining the interactions of futures exchanges, we identify that governance techniques among futures exchanges are rather similar, illustrating the forces of mimetic and normative isomorphism. Second, the monopoly of the International Swaps and Derivatives Association (ISDA) scheme in the over-the-counter (OTC) market provides signs of mimetic isomorphism. Third, through imparity of market power and major market dealers, the ISDA scheme became the only governance scheme for …
Seeking An Objective For Regulating Insider Trading Through Texas Gulf Sulphur, James D. Cox
Seeking An Objective For Regulating Insider Trading Through Texas Gulf Sulphur, James D. Cox
Faculty Scholarship
Data summarized in the opening of this article document that inside trading is a growth industry. And, as deals get ever bigger, the growth curve becomes steeper as more the data confirms intuition that the more who know about a good thing the more who will seek to harvest its benefits. Even though insider trading appears to have thrived during the fifty years after Texas Gulf Sulphur, we gather in this symposium to celebrate the decision. But why? As developed below, the Second Circuit’s landmark decision gave way to the Supreme Court’s erection of a fiduciary framework that this article …
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
Regulating Robo Advice Across The Financial Services Industry, Tom Baker, Benedict G. C. Dellaert
All Faculty Scholarship
Automated financial product advisors – “robo advisors” – are emerging across the financial services industry, helping consumers choose investments, banking products, and insurance policies. Robo advisors have the potential to lower the cost and increase the quality and transparency of financial advice for consumers. But they also pose significant new challenges for regulators who are accustomed to assessing human intermediaries. A well-designed robo advisor will be honest and competent, and it will recommend only suitable products. Because humans design and implement robo advisors, however, honesty, competence, and suitability cannot simply be assumed. Moreover, robo advisors pose new scale risks that …
The Rule Of Reason, Herbert J. Hovenkamp
The Rule Of Reason, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.
This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even up …
Criminally Bad Management, Samuel W. Buell
Criminally Bad Management, Samuel W. Buell
Faculty Scholarship
Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …
Fiduciary Principles In Agency Law, Deborah A. Demott
Fiduciary Principles In Agency Law, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Probing The Depths Of The Responsible Corporate Officer's Duty, Kimberly Kessler Ferzan
Probing The Depths Of The Responsible Corporate Officer's Duty, Kimberly Kessler Ferzan
All Faculty Scholarship
Many criminal law scholars have criticized the Responsible Corporate Officer Doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the Responsible Corporate Officer Doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, …
Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis
Bankruptcy’S Uneasy Shift To A Contract Paradigm, David A. Skeel Jr., George Triantis
All Faculty Scholarship
The most dramatic development in twenty-first century bankruptcy practice has been the increasing use of contracts to shape the bankruptcy process. To explain the new contract paradigm—our principal objective in this Article-- we begin by examining the structure of current bankruptcy law. Although the Bankruptcy Code of 1978 has long been viewed as mandatory, its voting and cramdown rules, among others, invite considerable contracting. The emerging paradigm is asymmetric, however. While the Code and bankruptcy practice allow for ex post contracting, ex ante contracts are viewed with suspicion.
We next use contract theory to assess the two modes of contracting. …
Constructive Ambiguity And Judicial Development Of Insider Trading, Jill E. Fisch
Constructive Ambiguity And Judicial Development Of Insider Trading, Jill E. Fisch
All Faculty Scholarship
The Texas Gulf Sulphur decision began what has become a fifty-year project of developing U.S. insider trading regulation through judicial lawmaking. During the course of that project, the courts developed a complex, fraud-based approach to determining the scope of liability. The approach has led, in many cases, to doctrinal uncertainty, a result that is reflected in the recent decisions in Newman, Salman, and Martoma.
n the face of this uncertainty, many commentators have called for a legislative solution. This article argues, however, that the true challenge of insider trading regulation is a lack of consensus about the …
The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.
The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.
All Faculty Scholarship
For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.
Part I of this Article traces the historical emergence and evolution of the equality norm, first …
The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas
The Shifting Tides Of Merger Litigation, Matthew D. Cain, Jill E. Fisch, Steven Davidoff Solomon, Randall S. Thomas
All Faculty Scholarship
In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial proportion of merger cases were not providing value, raised the bar, making it more difficult for plaintiffs to win a lawsuit challenging a merger and more difficult for plaintiffs’ counsel to collect a fee award.
We study what has happened in the courts in response to these changes. We find that the initial effect of the changes has been to decrease the volume of merger …
Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch
Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch
All Faculty Scholarship
Boards and shareholders are increasing using charter and bylaw provisions to customize their corporate governance. Recent examples include forum selection bylaws, majority voting bylaws and advance notice bylaws. Relying on the contractual conception of the corporation, Delaware courts have accorded substantial deference to board-adopted bylaw provisions, even those that limit shareholder rights.
This Article challenges the rationale for deference under the contractual approach. With respect to corporate bylaws, the Article demonstrates that shareholder power to adopt and amend the bylaws is, under Delaware law, more limited than the board’s power to do so. As a result, shareholders cannot effectively constrain …
Progressive Antitrust, Herbert J. Hovenkamp
Progressive Antitrust, Herbert J. Hovenkamp
All Faculty Scholarship
Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a …