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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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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.