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Business Organizations Law

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1985

Corporations

Articles 1 - 3 of 3

Full-Text Articles in Law

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn Jan 1985

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.


How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White Jan 1985

How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White

Articles

My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate pur­poses and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.


The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman Jan 1985

The Development Of Nonprofit Corporation Law And An Agenda For Reform, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the development of the law of “charitable corporations”' and attempts to explain why the charitable corporation rather than the charitable trust became the predominant organizational form for charitable and benevolent activities in the United States. It then discusses some of the inconsistencies of nonprofit corporation law and provides an agenda for future reform.