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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
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
David K. Millon
No abstract provided.
Foreword, Robert J. Rhee
A More Realistic Approach To Directors' Duties, Michelle M. Harner
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
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
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
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
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
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, …