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Articles 1 - 30 of 9135

Full-Text Articles in Law

Masthead Jul 2020

Masthead

Hastings Business Law Journal

No abstract provided.


The Ethics Of Governance, Justice Gordon Goodman Jul 2020

The Ethics Of Governance, Justice Gordon Goodman

Hastings Business Law Journal

This Article discusses the need for a board of last resort to set financial values during periods of extreme economic stress, i.e., the “liquidity black hole” events. The purpose of this proposed board, the “Independent Treasury Board,” would be to address valuation uncertainty during bust periods immediately following major financial crises.

If an Independent Treasury Board existed prior to 2008, it could have helped rein in some valuations that were among the causes for the Great Recession. More importantly, it could have quickened recovery from the Great Recession during the period immediately following the financial crisis by shortening the ...


Federal Right To Try Act: Heightened Informed Consent And Price Regulation Measures Will Improve Quality, Autonomy, And Exploitation Issues, Brenda Lin Jul 2020

Federal Right To Try Act: Heightened Informed Consent And Price Regulation Measures Will Improve Quality, Autonomy, And Exploitation Issues, Brenda Lin

Hastings Business Law Journal

This Note will examine the federal Right to Try Act, which was enacted on May 30, 2018. The federal statute followed the passage of Right to Try legislation in thirty-eight states, including California. Much controversy has surrounded “Right to Try” as an alternative to preexisting pathways to investigational drug treatments, such as traditional clinical trials and the FDA-regulated Expanded Access program, also commonly known as “Compassionate Use.”

This Note will examine those criticisms, evaluate the federal Right to Try Act, and propose amendments through the lenses of health care quality, patient autonomy, and long-term scientific innovation. Some controversy stems from ...


An Introduction To Joint Powers Authorities, Their Funding Mechanisms, And Why California Should Utilize One In Order To Create An Effective Forest Management System To Prevent Wildfires, Anna Bernstein Jul 2020

An Introduction To Joint Powers Authorities, Their Funding Mechanisms, And Why California Should Utilize One In Order To Create An Effective Forest Management System To Prevent Wildfires, Anna Bernstein

Hastings Business Law Journal

In the wake of ever-increasing incidences of wildfires across California, cost-effective, practical, and functional forest management has become a priority in order to keep California’s land and residents safe. From 2018 to 2020, six out of ten of California’s worst fires, coined ”megafires” by the United States Forest Service, have rampaged through the state. These megafires often behave in unstoppable ways. Most recently, in 2018, they killed more than a hundred people and destroyed seventeen thousand homes, all while burning hundreds of thousands of acres across California. Although the end of the recent drought has brought some relief ...


Cover Jul 2020

Cover

Hastings Business Law Journal

No abstract provided.


Women And (In)Justice: The Effects Of Employer Implicit Bias And Judicial Discretion On Title Vii Plaintiffs, Kya Rose Coletta Jul 2020

Women And (In)Justice: The Effects Of Employer Implicit Bias And Judicial Discretion On Title Vii Plaintiffs, Kya Rose Coletta

Hastings Business Law Journal

Current disparate treatment jurisprudence requires a plaintiff to prove that her employer intentionally discriminated based on sex, ignoring the social cognitive view that emphasizes the role of unconscious, unintentional mental processes. Women are unable to reach the top- tiers of the legal profession, like partnership, due to employers’ deeply engrained biases that emerge during assignment distribution and performance evaluations. This Note challenges that dominant approach, arguing that disparate treatment liability should turn on proof of actuation rather than evidence of intentionality. This Note presents a prescriptive discussion of how employers can implement compliance measures to prevent implicit bias in decision-making ...


Foreword, Kya Rose Coletta Jul 2020

Foreword, Kya Rose Coletta

Hastings Business Law Journal

No abstract provided.


Legal Transplants, Law Books, And Anglo-American Corporate Fiduciary Duties, Victoria Barnes Jul 2020

Legal Transplants, Law Books, And Anglo-American Corporate Fiduciary Duties, Victoria Barnes

Hastings Business Law Journal

This Article explores legal transplants and divergences in Anglo- American corporate fiduciary law. The internal management rule in English law acts to restrict judicial interference in corporate governance disputes. It is conceptually similar to the business judgment rule but the two remain distinct. This Article explains why Anglo-American corporate law developed differently, despite its shared roots. It pinpoints the origins of the internal management rule to Lord Lindley’s work, which was written in the late nineteenth century. Lord Lindley was central to the development of corporate law in England and other common law jurisdictions within the British Empire, but ...


All That Glitters Is Gold: The Regulation Of Hidden Advertisements And Undisclosed Sponsorships In The World Of Beauty Social Media Influencers, Ashley Luong May 2020

All That Glitters Is Gold: The Regulation Of Hidden Advertisements And Undisclosed Sponsorships In The World Of Beauty Social Media Influencers, Ashley Luong

William & Mary Business Law Review

What happens when a trusted acquaintance is caught lying? What if these lies have influenced your purchasing decisions? In the realm of social media influencers, the line between authentic opinions and sponsored advertisements is a blurred one. Influencers have considerable marketing power over millions of followers and their brand of authenticity makes them a desirable partner to big corporations seeking to promote their products. Under current FTC regulations, the simplified rule for advertisement disclosure is to make the disclosure “clear and conspicuous” with very little guidance beyond that phrase. Influencers are uncertain how to disclose, some choosing to toe the ...


Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper May 2020

Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper

William & Mary Business Law Review

Federal law requires accessibility for public sector websites. What about the web pages and apps of hotels, restaurants, and tourism providers? The Americans with Disabilities Act may cover private sector websites if they are considered a place of public accommodation, but the law is unclear. This Article will provide an overview of the legal responsibilities of operators to provide accessibility to persons with disabilities, discuss the World Wide Web Consortium’s guidelines for web accessibility, and argue that the hospitality and tourism industry has a unique ethical obligation to fill in the gap where the legal system has failed this ...


Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky May 2020

Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky

William & Mary Business Law Review

The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.

In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of ...


Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher May 2020

Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher

Marriott Student Review

Business ethics matter. Businesses can and should mitigate the macro-influences that their employees face to promote high ethical values which will in turn maximize shareholder value.


Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash May 2020

Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Law

Regulatory compliance is vital for promoting the public values served by regulation. Yet many businesses remain out of compliance with some of the regulations that apply to them—presenting not only possible dangers to the public but also exposing themselves to potentially significant liability risk. Compliance management systems (CMSs) may help reduce the likelihood of noncompliance. In recent years, managers have begun using CMSs in an effort to address compliance issues in a variety of domains: environment, workplace health and safety, finance, health care, and aviation, among others. CMSs establish systematic, checklist-like processes by which managers seek to improve their ...


Genuine Incorporation Or Tax Avoidance?, Liu Hern Kuan, Vincent Ooi May 2020

Genuine Incorporation Or Tax Avoidance?, Liu Hern Kuan, Vincent Ooi

Research Collection School Of Law

In 2018, two articles in The Straits Times described how some professionals were incorporating one or more companies in an attempt to gain tax advantages. The issue was the difference between the highest personal income tax rate of 22 per cent and the corporate tax rate of 17 per cent, which provided an opportunity for tax arbitrage. The Start-Up Tax Exemption Scheme and Partial Tax Exemption and the availability of corporate tax rebates (typically announced during the Budget) also contributed to making incorporating one or more companies more attractive. Since the articles were published, many professionals have attempted to justify ...


From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity, Rebecca Rabinowitz Apr 2020

From Securities To Cybersecurity: The Sec Zeroes In On Cybersecurity, Rebecca Rabinowitz

Boston College Law Review

Cybersecurity is one of the gravest threats facing public companies, the markets, and the economy at large today. Because of this pressing threat, the SEC has increased its attention to cybersecurity. In 2018 interpretive guidance, consistent with the mandatory disclosure regime established by federal securities regulation, the SEC stipulated that public companies have a duty to disclose those cybersecurity risks and incidents that are material to investors. The 2018 guidance added little, however, and instead parroted earlier guidance from the SEC’s Division of Corporation Finance. Moreover, the SEC itself has been plagued by cybersecurity problems. This Note asserts that ...


Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante Apr 2020

Criminalizing Immigrant Entrepreneurs (And Their Lawyers), Eric Franklin Amarante

Boston College Law Review

To escape the harsh conditions of work in agriculture or food processing plants, many undocumented immigrants turn to entrepreneurship for safer working conditions and better economic prospects. Transactional lawyers often help these entrepreneurs form limited liability companies or worker cooperatives. Unfortunately, this simple act might expose these lawyers to criminal liability. The Immigration Reform and Control Act of 1986 (IRCA) prohibits anyone from encouraging an undocumented person to reside in the United States. This prohibition has been construed to include everything from employing undocumented housekeepers to procuring falsified documents for citizenship applications, and some courts have even suggested that the ...


The Case For Districts: Descriptive Rural Representation On State Supreme Courts, Nathaniel M. Fouch Apr 2020

The Case For Districts: Descriptive Rural Representation On State Supreme Courts, Nathaniel M. Fouch

University of St. Thomas Law Journal

No abstract provided.


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla Apr 2020

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Commercial Law Intersections, Giuliano Castellano, Andrea Tosato Apr 2020

Commercial Law Intersections, Giuliano Castellano, Andrea Tosato

Faculty Scholarship at Penn Law

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of these events falls concurrently within the purview of two or more of these commercial law branches - such as corporate law, intellectual property law, secured transactions law, conduct and prudential regulation - an overlap materializes. We refer to this legal phenomenon as a commercial law intersection (CLI). Some notable examples of transactions that feature CLIs include bank loans secured by shares, supply chain financing arrangements, patent cross-licensing, and blockchain-based initial coin ...


Stealth Commoditization: The Misuse Of Smartphone Antitrust, Jonathan M. Barnett Apr 2020

Stealth Commoditization: The Misuse Of Smartphone Antitrust, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

This contribution condenses the author’s previous detailed analyses of antitrust and patent policies in global smartphone markets. The discussion comprises three elements. First, it identifies the key constituencies in the smartphone ecosystem and the role each constituency plays in the technology supply chain. Second, it describes how courts’ and regulators’ interventions in the smartphone market rest on empirically unsubstantiated theories of competitive harm while advancing the private interests of producer-firms and producer-jurisdictions in reduced technology input costs. Third, it shows how this implicit renegotiation of licensing arrangements between innovators and implementers endangers the legal infrastructure of reliable intellectual property ...


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act ...


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act ...


Vertical Merger Enforcement Actions: 1994–April 2020, Steven C. Salop, Daniel P. Culley Apr 2020

Vertical Merger Enforcement Actions: 1994–April 2020, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

We have revised our earlier listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission since 1994. This revised listing includes 66 vertical matters beginning in 1994 through April 2020. It includes challenges and certain proposed transactions that were abandoned in the face of Agency concerns. This listing can be treated as an Appendix to Steven C. Salop and Daniel P. Culley, Revising the Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, 4 JOURNAL OF ANTITRUST ENFORCEMENT 1 (2016).


Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis Apr 2020

Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis

University of Cincinnati Law Review

No abstract provided.


A Theory Of The Business Trust, Eric C. Chaffee Apr 2020

A Theory Of The Business Trust, Eric C. Chaffee

University of Cincinnati Law Review

No abstract provided.


Business Trusts In China: A Reality Check, Lusina Ho Apr 2020

Business Trusts In China: A Reality Check, Lusina Ho

University of Cincinnati Law Review

No abstract provided.


The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner Apr 2020

The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner

University of Cincinnati Law Review

No abstract provided.


The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary Apr 2020

The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary

University of Cincinnati Law Review

No abstract provided.


The New Fiduciaries, Natalya Shnitser Apr 2020

The New Fiduciaries, Natalya Shnitser

University of Cincinnati Law Review

The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from donative trust law to regulate the conduct of those with authority or discretion over plan assets. The mismatch between the trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of pension fund investing and the significant gaps in pension coverage in the private sector. In recent years, state and local governments have stepped in to reduce the retirement coverage gap by creating state-facilitated retirement savings programs for private-sector workers who lack access to employment-based coverage ...


Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz Apr 2020

Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz

University of Cincinnati Law Review

This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s pre-default duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.