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Full-Text Articles in Law
12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield
12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield
Kent Greenfield
No abstract provided.
The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield
The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield
Kent Greenfield
No abstract provided.
Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield
Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield
Kent Greenfield
No abstract provided.
What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield
What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield
Kent Greenfield
No abstract provided.
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
The Doma Supreme Court Question: Do The Conservatives Really Care About States' Rights?, Kent Greenfield
Kent Greenfield
No abstract provided.
Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield
Here's A Scary Thought: Anthony Kennedy Is Now The Leader Of The Court's "Liberal" Wing, Kent Greenfield
Kent Greenfield
No abstract provided.
A Campaign Funding Mess, Kent Greenfield
A Way Out Of The Citizens United Mess?, Kent Greenfield
A Way Out Of The Citizens United Mess?, Kent Greenfield
Kent Greenfield
No abstract provided.
The Origins And Costs Of Short-Term Management, Kent Greenfield
The Origins And Costs Of Short-Term Management, Kent Greenfield
Kent Greenfield
Why is a fixation on the short term a problem for American businesses? One might hasten to answer that management is compensated for short-term successes. Another answer might be that some investors—particularly professional investors—value only the short term and manipulate the market in a particular stock so they can profit on the movement. These answers undoubtedly are part of the answer. But a puzzle remains: why does the market not punish such short-termism? This essay will present a possible answer.
The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield
The Supreme Court, Empathy, And The Science Of Decision Making, Kent Greenfield
Kent Greenfield
No abstract provided.
Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield
Of Big And Small Tents: Arlen Specter As A Dem, And The Obama Storm At Notre Dame, Kent Greenfield
Kent Greenfield
No abstract provided.
Who's Presumptuous Now? Mccain Articulates U.S. Foreign Policy In Georgia Conflict, Kent Greenfield
Who's Presumptuous Now? Mccain Articulates U.S. Foreign Policy In Georgia Conflict, Kent Greenfield
Kent Greenfield
No abstract provided.
I Want To Be Too Big To Fail, Kent Greenfield
Mukasey's Defense Of Professional Irresponsibility, Kent Greenfield
Mukasey's Defense Of Professional Irresponsibility, Kent Greenfield
Kent Greenfield
No abstract provided.
A New Era For Corporate Law: Using Corporate Governance Law To Benefit All Stakeholders, Kent Greenfield
A New Era For Corporate Law: Using Corporate Governance Law To Benefit All Stakeholders, Kent Greenfield
Kent Greenfield
No abstract provided.
The Failure Of Corporate Law: Fundamental Flaws And Progressive Possibilities, Kent Greenfield
The Failure Of Corporate Law: Fundamental Flaws And Progressive Possibilities, Kent Greenfield
Kent Greenfield
When used in conjunction with corporations, the term “public” is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in decision making, if doing so hurts shareholders. But this has not always been the case, as until the beginning of the twentieth century, public corporations were deemed to have important civic responsibilities.
With The Failure of Corporate Law, Kent Greenfield hopes to return corporate law to …
Unconstitutional Constitution Day, Kent Greenfield
Unconstitutional Constitution Day, Kent Greenfield
Kent Greenfield
No abstract provided.
Using Behavioral Economics To Show The Power And Efficiency Of Corporate Law As Regulatory Tool, Kent Greenfield
Using Behavioral Economics To Show The Power And Efficiency Of Corporate Law As Regulatory Tool, Kent Greenfield
Kent Greenfield
Prepared for the Daniel J. Dykstra Corporate Governance Symposium at University of California, Davis, in February 2001, this article argues that changes in corporate governance in the United States - specifically the relaxation of the profit maximization norm, the broadening of management's fiduciary duties to include workers, and the inclusion of worker representatives on boards of directors - are likely to be efficient means of reaching certain preferred policy outcomes, such as an increase in the wages of working people and a decrease in income inequality. Instead of being seen as "private law," corporate law should be regarded as a …
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Kent Greenfield
This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of …
From Metaphor To Reality In Corporate Law, Kent Greenfield
From Metaphor To Reality In Corporate Law, Kent Greenfield
Kent Greenfield
This essay is in response to a commentary by Professor David Millon, who ably argues in the same journal that a dependence on metaphor drives much of the debate within corporate law jurisprudence and corporate law scholarship. This essay joins Millon in his criticism.
For decades, scholars have used metaphors -- corporation as person, corporation as creature of the state, corporation as property, corporation as contract, corporation as community, to name the most prominent -- as justifications for the imposition of, or freedom from, legal and ethical requirements. The metaphors are often taken as self-evident. The legal and ethical arguments …
There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield
There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield
Kent Greenfield
This paper was prepared for the University of Georgia School of Law Conference on Teaching Corporate Law, October 16, 1999. The paper argues that the basic corporate law course should focus much more on the questions surrounding the role of the corporation in society. In the typical corporate law course, little attention is given to the broad question of the position of the corporation within society at large or the narrower question of the relationship between the corporation and workers. The lack of consideration of these issues is odd indeed, since corporate law (like all law) is understandable only within …
From Rights To Regulation In Corporate Law, Kent Greenfield
From Rights To Regulation In Corporate Law, Kent Greenfield
Kent Greenfield
No abstract provided.