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Articles 1 - 30 of 57
Full-Text Articles in Law
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe
Journal of Business & Technology Law
No abstract provided.
The Perils Of Criminalizing Agency Costs, Larry E. Ribstein
The Perils Of Criminalizing Agency Costs, Larry E. Ribstein
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors In Troubled Companies, Royce De R. Barondes, Lisa M. Fairfax, Lawrence A. Hamermesh, Robert Lawless, Jonathan C. Lipson, Russell C. Silberglied
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors In Troubled Companies, Royce De R. Barondes, Lisa M. Fairfax, Lawrence A. Hamermesh, Robert Lawless, Jonathan C. Lipson, Russell C. Silberglied
Faculty Scholarship
No abstract provided.
The Fall And Rise Of Federal Corporation Law, Richard A. Booth
The Fall And Rise Of Federal Corporation Law, Richard A. Booth
Faculty Scholarship
No abstract provided.
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray
Faculty Scholarship
The doctrine of odious debts came into its full in the eighteenth and early nineteenth century to deal with the financial injustices of colonialism and its stalking horse, despotism. The basic rule, as articulated by Alexander Sack in 1927, is that debts incurred by an illegitimate regime that neither benefit nor have the consent of the people of a territory are personal to the regime and are subject to unilateral recision by a successor government. While the traditional doctrine focused on the nature and circumstances of individual debts, it has been expanded in recent years, moving the focus from the …
The Criminalization Of Corporate Law, Lisa M. Fairfax
The Criminalization Of Corporate Law, Lisa M. Fairfax
Faculty Scholarship
No abstract provided.
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
The Duty To Creditors Reconsidered - Filling A Much Needed Gap In Corporation Law, Richard A. Booth
Faculty Scholarship
The most fundamental question of corporation law is to whom does the board of directors of a corporation owe its fiduciary duty. Recently, the question has tended to be whether and under what circumstances the board of directors has the duty to maximize stockholder wealth. But if a corporation is insolvent (or close to it), business decisions designed to maximize stockholder wealth may result in a reduction of creditor wealth. Although the conventional wisdom is that creditors must protect themselves by contractual means, there is a substantial body of case law that says that creditors can assert claims sounding in …
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces
Journal of Business & Technology Law
No abstract provided.
Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway
Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway
Journal of Business & Technology Law
No abstract provided.
The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth
The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth
Journal of Business & Technology Law
No abstract provided.
The Dialectical Regulation Of Rule 14a-8: Intersystemic Governance In Corporate Law, Robert B. Ahdieh
The Dialectical Regulation Of Rule 14a-8: Intersystemic Governance In Corporate Law, Robert B. Ahdieh
Journal of Business & Technology Law
No abstract provided.
Whatever Happened To The Market For Partners' Desks? The Milberg Indictment As An Inquiry Into Accountability, Robert W. Hillman
Whatever Happened To The Market For Partners' Desks? The Milberg Indictment As An Inquiry Into Accountability, Robert W. Hillman
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane
Journal of Business & Technology Law
No abstract provided.
Wood Prince V. Lynch: Opening The Door For Subsequent Misapplications Of The Business Judgment Rule To Claims Alleging That A Trustee Has Breached His Fiduciary Duty Of Loyalty, Megan L. Reuwer
Journal of Business & Technology Law
No abstract provided.
Recent Skirmishes In The Battle Over Corporate Voting And Governance, Brett H. Mcdonnell
Recent Skirmishes In The Battle Over Corporate Voting And Governance, Brett H. Mcdonnell
Journal of Business & Technology Law
No abstract provided.
Costa Brava Partnership Iii V. Telos Corp.: Striking An Inconsistent Balance In Plaintiff Shareholder Suits, Patrick W. Flavin
Costa Brava Partnership Iii V. Telos Corp.: Striking An Inconsistent Balance In Plaintiff Shareholder Suits, Patrick W. Flavin
Journal of Business & Technology Law
No abstract provided.
The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth
The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth
Journal of Business & Technology Law
No abstract provided.
Milberg Weiss: Of Studied Indifference And Dying Of Shame, Theresa A. Gabaldon
Milberg Weiss: Of Studied Indifference And Dying Of Shame, Theresa A. Gabaldon
Journal of Business & Technology Law
No abstract provided.
What's Good For The Goose? A Critical Essay On "Best Practices" For Private Firms, Jennifer Johnson
What's Good For The Goose? A Critical Essay On "Best Practices" For Private Firms, Jennifer Johnson
Journal of Business & Technology Law
No abstract provided.
Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham
Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham
Journal of Business & Technology Law
No abstract provided.
The Hypocrisy Of The Milberg Indictment: The Need For A Coherent Framework On Paying For Cooperation In Litigation, Bruce H. Kobayashi, Larry E. Ribstein
The Hypocrisy Of The Milberg Indictment: The Need For A Coherent Framework On Paying For Cooperation In Litigation, Bruce H. Kobayashi, Larry E. Ribstein
Journal of Business & Technology Law
No abstract provided.
The Fiduciary Duty Of Disclosure After Dabit, Jack B. Jacobs
The Fiduciary Duty Of Disclosure After Dabit, Jack B. Jacobs
Journal of Business & Technology Law
No abstract provided.
How We Make Law In Delaware, And What To Expect From Us In The Future, Lawrence Hamermesh
How We Make Law In Delaware, And What To Expect From Us In The Future, Lawrence Hamermesh
Journal of Business & Technology Law
No abstract provided.
The Answer To Excessive Executive Compensation Is Risk, Not The Market, Charles M. Elson
The Answer To Excessive Executive Compensation Is Risk, Not The Market, Charles M. Elson
Journal of Business & Technology Law
No abstract provided.
A Perspective On Federal Corporation Law, Mark J. Loewenstein
A Perspective On Federal Corporation Law, Mark J. Loewenstein
Journal of Business & Technology Law
No abstract provided.
A Commentary On Mcdonnell, Ahdieh, Hamermesh, And Johnson’S Views On Federal Corporation Law And The Aig Kerfuffle, Jennifer O’Hare
A Commentary On Mcdonnell, Ahdieh, Hamermesh, And Johnson’S Views On Federal Corporation Law And The Aig Kerfuffle, Jennifer O’Hare
Journal of Business & Technology Law
No abstract provided.
Republic Properties Corp. V. Mission West Properties, L.P.: Discouraging Forum Shopping In Maryland By Properly Implementing The Entity Theory Of Partnerships, John Stinson
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Presentation Of Much Ado About Little? Directors' Fiduciary Duties In The Vicinity Of Insolvency, Stephen M. Bainbridge
Journal of Business & Technology Law
No abstract provided.
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Comparative & International Perspectives, Andres Engert, Reid Feldman, Pamela L.J. Huff, Donna W. Mckenzie-Skene
Journal of Business & Technology Law
No abstract provided.