Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law

PDF

1997

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 123

Full-Text Articles in Law

S Corporations, Samuel P. Starr Dec 1997

S Corporations, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.


Planning For The Operation Of Pass Through Entities, Allan G. Donn Dec 1997

Planning For The Operation Of Pass Through Entities, Allan G. Donn

William & Mary Annual Tax Conference

No abstract provided.


Simplified Entity Classification Under The Final Check-The-Box Regulations, Roger F. Pillow, John G. Schmalz, Samuel P. Starr Dec 1997

Simplified Entity Classification Under The Final Check-The-Box Regulations, Roger F. Pillow, John G. Schmalz, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.


Planning For The Operation Of Pass Through Entities, Samuel P. Starr Dec 1997

Planning For The Operation Of Pass Through Entities, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.


Llcs And Llps, Allan G. Donn Dec 1997

Llcs And Llps, Allan G. Donn

William & Mary Annual Tax Conference

No abstract provided.


S Corporations, Bryan P. Collins Dec 1997

S Corporations, Bryan P. Collins

William & Mary Annual Tax Conference

No abstract provided.


The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri Dec 1997

The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri

Law Faculty Publications

This article focuses on corporate governance issues as they relate to the new technological developments and the issue of leapfrogging. I examine various theories about the new technologies and the changes in corporate governance that they may necessitate. I then assess and critique these theories in light of historical and other data. I suggest that our very concept of the corporation will be transformed by the Information Age. I also offer my own view as to the optimal forms of corporate governance that can equip American corporations with sufficient tools to win the accelerating competition anticipated for the next century. …


Business Associations, Paul A. Quirós, Lynn Schutte Scott, Lora A. Tarle Dec 1997

Business Associations, Paul A. Quirós, Lynn Schutte Scott, Lora A. Tarle

Mercer Law Review

This Article surveys recent developments in Georgia law in the areas of corporate, partnership, securities, and banking law. It covers noteworthy cases decided during the survey period by Georgia state and appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included are legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").


Asset Securitization And Corporate Risk Allocation, Christopher W. Frost Nov 1997

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren Sep 1997

Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

Chapter 11 is widely believed to be among the industrialized world's most debtor-oriented reorganization laws. Critics assert that Chapter 11 is too easily available and that it allows debtors too much control by, inter alia, not requiring appointment of a trustee. One criticism of Chapter 11, low returns to unsecured creditors, resonates with an important theme of this Symposium, the Bebchuk-Fried proposal to reduce secured creditor priority in insolvency proceedings. The Chapter 11 criticisms and the Bebchuk-Fried proposal raise the question whether less easy access to Chapter 11, reduced debtor control, diminished secured creditor priority, or other changes could reduce …


West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen Sep 1997

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

West Virginia Law Review

No abstract provided.


The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar Jul 1997

The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar

Journal Articles

Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 private …


A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel Jul 1997

A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden Jun 1997

Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden

Michigan Telecommunications & Technology Law Review

This article will examine court cases and actions by the Federal Communications Commission (FCC) that distort the traditional concepts of common and private carriage by establishing new rights and responsibilities previously applicable to the other category of carrier. This article will also consider the feasibility of (a) maintaining the traditional common carrier regulatory model and (b) continuing the application of that model to basic services provided by local exchange carriers (LECs). This is especially important as LECs qualify to become private carriers tapping new market opportunities, even within the same geographical region where they provide basic services. Finally, this article …


Checkmate, The Treasury Finally Surrenders: The Check-The-Box Treasury Regulations And Their Effect On Entity Classification, Thomas M. Hayes Jun 1997

Checkmate, The Treasury Finally Surrenders: The Check-The-Box Treasury Regulations And Their Effect On Entity Classification, Thomas M. Hayes

Washington and Lee Law Review

No abstract provided.


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Scholarly Publications

No abstract provided.


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.


Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman Apr 1997

Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman

University of Miami Law Review

No abstract provided.


Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr. Apr 1997

Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.

University of Miami Law Review

No abstract provided.


The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth Apr 1997

The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth

Faculty Publications

The authors argue that the goals of estate and gift taxation are not served by taxing closely held businesses when the recipient of the business actively participates in its operation. Further, the authors suggest that taxing closely held businesses tends to harm capital production. The authors propose an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth.


The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg Apr 1997

The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg

University of Miami Law Review

No abstract provided.


The Bylaw Battlefield: Can Institutions Change The Outcome Of Corporate Control Contests?, John C. Coffee Jr. Apr 1997

The Bylaw Battlefield: Can Institutions Change The Outcome Of Corporate Control Contests?, John C. Coffee Jr.

University of Miami Law Review

No abstract provided.


The Impact Of State Statutes And Continuing Director Rights Plans, Daniel A. Neff Apr 1997

The Impact Of State Statutes And Continuing Director Rights Plans, Daniel A. Neff

University of Miami Law Review

No abstract provided.


Defensive Measures In Anticipation Of And In Response To Unsolicited Takeover Proposals, Dennis J. Block, Jonathan M. Hoff, H. Esther Cochran Apr 1997

Defensive Measures In Anticipation Of And In Response To Unsolicited Takeover Proposals, Dennis J. Block, Jonathan M. Hoff, H. Esther Cochran

University of Miami Law Review

No abstract provided.


Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii Apr 1997

Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii

University of Miami Law Review

No abstract provided.


Plain English-Changing The Corporate Culture, Isaac C. Hunt Jr. Apr 1997

Plain English-Changing The Corporate Culture, Isaac C. Hunt Jr.

University of Miami Law Review

No abstract provided.


Would The Csx/Conrail Express Have Derailed In Delaware? A Comparative Analysis Of Lock-Up Provisions Under Delaware And Pennsylvania Law, Vincent F. Garrity Jr., Mark A. Morton Apr 1997

Would The Csx/Conrail Express Have Derailed In Delaware? A Comparative Analysis Of Lock-Up Provisions Under Delaware And Pennsylvania Law, Vincent F. Garrity Jr., Mark A. Morton

University of Miami Law Review

No abstract provided.


Mergers In Western Coal Markets: Conforming Antitrust Analysis To The New Reality, Mark A. Glick, David G. Mangum, Raymond J. Etcheverry Apr 1997

Mergers In Western Coal Markets: Conforming Antitrust Analysis To The New Reality, Mark A. Glick, David G. Mangum, Raymond J. Etcheverry

West Virginia Law Review

No abstract provided.


Worth Its Weight In Gold: Legal Analysis Of The Current Appraisal Of Coal Property In West Virginia, Ryan J. Morgan Apr 1997

Worth Its Weight In Gold: Legal Analysis Of The Current Appraisal Of Coal Property In West Virginia, Ryan J. Morgan

West Virginia Law Review

No abstract provided.