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Full-Text Articles in Law

Sense And Nonsense About Securities Litigation, Richard A. Booth Jan 2018

Sense And Nonsense About Securities Litigation, Richard A. Booth

University of Pennsylvania Journal of Business Law

No abstract provided.


Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim Jan 2018

Digital Media And Unionization In The “Guilded" Age: How Labor Organizations In The Entertainment Industry Are Swimming Against The Current Of Streaming New Media And Technology, Jacqueline G.H. Kim

Prize Winning Papers

No abstract provided.


Defending Actions Against Corporate Clients Of Private Security Companies, Andrew L. Pickens Jan 2018

Defending Actions Against Corporate Clients Of Private Security Companies, Andrew L. Pickens

University of Pennsylvania Journal of Business Law

No abstract provided.


Defining And Regulating Hardcore Cartels In Hong Kong: Agency Reconciling The Divergence Between Legislators And International Standard, Sin Chit Lai Jan 2018

Defining And Regulating Hardcore Cartels In Hong Kong: Agency Reconciling The Divergence Between Legislators And International Standard, Sin Chit Lai

University of Pennsylvania Journal of Business Law

No abstract provided.


Private Investment Fund Regulation – Theory And Empirical Evidence From 1998 To 2016, Wulf A. Kaal Jan 2018

Private Investment Fund Regulation – Theory And Empirical Evidence From 1998 To 2016, Wulf A. Kaal

University of Pennsylvania Journal of Business Law

No abstract provided.


Federalizing Direct Paid Leave, Ryan H. Nelson Jan 2018

Federalizing Direct Paid Leave, Ryan H. Nelson

University of Pennsylvania Journal of Business Law

No abstract provided.


What Equity, The Promise Economy, And Cognition Mean For How Fiduciary Law Should Develop, H. Justin Pace Jan 2018

What Equity, The Promise Economy, And Cognition Mean For How Fiduciary Law Should Develop, H. Justin Pace

University of Pennsylvania Journal of Business Law

No abstract provided.


Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed Jan 2018

Associational Discrimination Theory & Sexual Orientation-Based Employment Bias, Alex Reed

University of Pennsylvania Journal of Business Law

No abstract provided.


Whiteboard And Black-Letter: Visual Communication In Commercial Contracts, Jay A. Mitchell Jan 2018

Whiteboard And Black-Letter: Visual Communication In Commercial Contracts, Jay A. Mitchell

University of Pennsylvania Journal of Business Law

No abstract provided.


Masthead Jan 2018

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.


The Role Of Gender Diversity In Corporate Governance, Terry Morehead Dworkin, Cindy A, Schipani Jan 2018

The Role Of Gender Diversity In Corporate Governance, Terry Morehead Dworkin, Cindy A, Schipani

University of Pennsylvania Journal of Business Law

No abstract provided.


Sectoral Fragmentation In Transnational Contract Law, Joshua Karton Jan 2018

Sectoral Fragmentation In Transnational Contract Law, Joshua Karton

University of Pennsylvania Journal of Business Law

No abstract provided.


Disruptive Lending For Innovations: Signaling Model And Banks Selection Of Startups, Xuan-Thao Nguyen, Erik Hille Jan 2018

Disruptive Lending For Innovations: Signaling Model And Banks Selection Of Startups, Xuan-Thao Nguyen, Erik Hille

University of Pennsylvania Journal of Business Law

No abstract provided.


The Elusive Monitoring Function Of Independent Directors, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun Jan 2018

The Elusive Monitoring Function Of Independent Directors, S. Burcu Avci, Cindy A. Schipani, H. Nejat Seyhun

University of Pennsylvania Journal of Business Law

No abstract provided.


Blockchain And Shareholder Voting: A Hard Fork For 21st Century Corporate Governance, Alexander Daniels Jan 2018

Blockchain And Shareholder Voting: A Hard Fork For 21st Century Corporate Governance, Alexander Daniels

University of Pennsylvania Journal of Business Law

No abstract provided.


Protecting “Crown Jewel” Trade Secrets In The Cloud Through Voluntary Industry-Government Collaborations And Federal Legislation, Alexis Salerno Jan 2018

Protecting “Crown Jewel” Trade Secrets In The Cloud Through Voluntary Industry-Government Collaborations And Federal Legislation, Alexis Salerno

University of Pennsylvania Journal of Business Law

No abstract provided.


Why Don’T General Counsels Stop Corporate Crime?, S. Burcu Avci, H. Nejat Seyhun Jan 2018

Why Don’T General Counsels Stop Corporate Crime?, S. Burcu Avci, H. Nejat Seyhun

University of Pennsylvania Journal of Business Law

No abstract provided.


Resurrecting “A Comprehensive Charter Of Economic Liberty”: The Latent Power Of The Federal Trade Commission, Sandeep Vaheesan Jan 2018

Resurrecting “A Comprehensive Charter Of Economic Liberty”: The Latent Power Of The Federal Trade Commission, Sandeep Vaheesan

University of Pennsylvania Journal of Business Law

No abstract provided.


Some Clarity On Mutual Fund Fees, Stewart Brown, Steven Pomerantz Jan 2018

Some Clarity On Mutual Fund Fees, Stewart Brown, Steven Pomerantz

University of Pennsylvania Journal of Business Law

No abstract provided.


Grasping At Straws: Exploring Pdvsa’S Access To Debtor Relief Under Restructuring Regimes, Lucas Jullian Jan 2018

Grasping At Straws: Exploring Pdvsa’S Access To Debtor Relief Under Restructuring Regimes, Lucas Jullian

University of Pennsylvania Journal of Business Law

No abstract provided.


Applying A New Regulatory Framework To Interested Transactions By Minority Shareholders, Nicolle Stracar Jan 2018

Applying A New Regulatory Framework To Interested Transactions By Minority Shareholders, Nicolle Stracar

University of Pennsylvania Journal of Business Law

No abstract provided.


Lessons From The Greeks – From Corporate Anatomy Toward Metaphysics (Part I), Seth Chertok Jan 2018

Lessons From The Greeks – From Corporate Anatomy Toward Metaphysics (Part I), Seth Chertok

University of Pennsylvania Journal of Business Law

No abstract provided.


Regtech And The New Era Of Financial Regulators: Envisaging More Public-Private-Partnership Models Of Financial Regulators, Yueh-Ping (Alex) Yang, Cheng-Yun Tsang Jan 2018

Regtech And The New Era Of Financial Regulators: Envisaging More Public-Private-Partnership Models Of Financial Regulators, Yueh-Ping (Alex) Yang, Cheng-Yun Tsang

University of Pennsylvania Journal of Business Law

No abstract provided.


Will The Supreme Court Agree With The Nlrb That Pre-Dispute Employment Arbitration Provisions Containing Class And Collective Action Waivers In Both Judicial And Arbitral Forums Violate The National Labor Relations Act – Whether There Is An Opt-Out Or Not?, Christine Neylon O'Brien Jan 2018

Will The Supreme Court Agree With The Nlrb That Pre-Dispute Employment Arbitration Provisions Containing Class And Collective Action Waivers In Both Judicial And Arbitral Forums Violate The National Labor Relations Act – Whether There Is An Opt-Out Or Not?, Christine Neylon O'Brien

University of Pennsylvania Journal of Business Law

No abstract provided.


Redefining And Regulating The New Sharing Economy, Inara Scott, Elizabeth Brown Jan 2018

Redefining And Regulating The New Sharing Economy, Inara Scott, Elizabeth Brown

University of Pennsylvania Journal of Business Law

No abstract provided.


Mutual Funds And The Regulatory Capture Of The Sec, Stewart L. Brown Jan 2018

Mutual Funds And The Regulatory Capture Of The Sec, Stewart L. Brown

University of Pennsylvania Journal of Business Law

No abstract provided.


The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll Jan 2018

The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll

All Faculty Scholarship

2018 marks the 60th anniversary of the publication of Franco Modigliani and Merton Miller’s The Cost of Capital, Corporation Finance, and the Theory of Investment. Widely hailed as the foundation of modern finance, their article, which purports to demonstrate that a firm’s value is independent of its capital structure, is little known by lawyers, including legal academics. That is unfortunate because the Modigliani-Miller capital structure irrelevancy proposition (when inverted) provides a framework that can be extremely useful to legal academics, practicing attorneys and judges.


Bankruptcies And Bailouts: The Continuing Impact Of The Financial Crisis On The Franchise Auto Dealer Industry, Jason R. Parnell, Robert W. Emerson Jan 2018

Bankruptcies And Bailouts: The Continuing Impact Of The Financial Crisis On The Franchise Auto Dealer Industry, Jason R. Parnell, Robert W. Emerson

University of Pennsylvania Journal of Business Law

No abstract provided.


Relational Contracts Of Adhesion, David A. Hoffman Jan 2018

Relational Contracts Of Adhesion, David A. Hoffman

All Faculty Scholarship

Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on social networks; to refrain from streaming shows and sports; and to avoid reverse-engineering code (or, worse, deploying deadly bots). In short: consumers are apparently regulated by digital fine print, though it’s universally assumed we don’t read it, and even if we did, we’ll never be sued for failing to perform.

On reflection, this ordinary phenomenon is perplexing. Why would firms persist in deploying uncommunicative behavioral spurs? The conventional …


The New Bond Workouts, William W. Bratton, Adam J. Levitin Jan 2018

The New Bond Workouts, William W. Bratton, Adam J. Levitin

All Faculty Scholarship

Bond workouts are a famously dysfunctional method of debt restructuring, ridden with opportunistic and coercive behavior by bondholders and bond issuers. Yet since 2008 bond workouts have quietly started to work. A cognizable portion of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. The result has been a new, broad reading of the primary law governing workouts, section 316(b) of the Trust Indenture Act of 1939 (“TIA”), …