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Business Law, Public Responsibility, and Ethics Commons

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Articles 1 - 8 of 8

Full-Text Articles in Business Law, Public Responsibility, and Ethics

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon Nov 2013

Shareholder Primacy In The Classroom After The Financial Crisis, David Millon

David K. Millon

No abstract provided.


Foreword, Robert J. Rhee Oct 2013

Foreword, Robert J. Rhee

Robert Rhee

No abstract provided.


A More Realistic Approach To Directors' Duties, Michelle M. Harner Sep 2013

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Michelle M. Harner

Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment of the law—and the alleged deficiencies therein—are blamed for corporate scandals, securities fraud, failed business plans, and even a company's insolvency. Risk is, however, inherent in business, and human beings are flawed. Fiduciary duty law cannot change these basic facts. To the extent we think it can, we will continue to be disappointed and frustrated. This essay considers recasting (and to a greater extent codifying) directors’ duties in a positive frame to help foster better director oversight. It does not suggest that codifying greater clarity …


Myanmar: Need To Invest Responsibly, Mahdev Mohan, Salil Tripathi, Lan Shiow Tsai Jul 2013

Myanmar: Need To Invest Responsibly, Mahdev Mohan, Salil Tripathi, Lan Shiow Tsai

Mahdev Mohan

No abstract provided.


Securing Human Rights In Business, Mahdev Mohan, Delphia Lim Jul 2013

Securing Human Rights In Business, Mahdev Mohan, Delphia Lim

Mahdev Mohan

No abstract provided.


Land Grabs Still Plague Myanmar And Cambodia, Mahdev Mohan, Vani Sathisan Jul 2013

Land Grabs Still Plague Myanmar And Cambodia, Mahdev Mohan, Vani Sathisan

Mahdev Mohan

No abstract provided.


Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner May 2013

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.


The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee May 2013

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, …