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Full-Text Articles in Law
Corporate Law Constraints On Political Spending, James Kwak
Corporate Law Constraints On Political Spending, James Kwak
Faculty Articles and Papers
Corporations currently can participate in electoral politics in the United States through various means: affiliated PACs, super PACs, 501(c)(6) organizations like the Chamber of Commerce, 501(c)(4) social welfare organizations, and traditional 501(c)(3) charitable organizations. Corporate law, as generally interpreted by the courts, places few constraints on the ability of corporate insiders to engage in politics as they choose. I argue that existing statutes and case law could be interpreted to impose greater constraints on corporate political activity. Political contributions should be reviewed as potential violations of the duty of loyalty whenever they could provide personal benefits to board members and …
Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo
Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo
Faculty Articles and Papers
Trans-individual litigation has revolutionized modern law. It has radically altered the manner of assertion and adjudication of legal claims. Beyond concerning a large number of people, the underlying suits operate in a unique fashion. In particular, they call for the constant protection of the interests of the parties on whose behalf the plaintiffs purport to speak. Not surprisingly, corporate law has partaken in this phenomenon. For instance, derivative suits allow individuals to sue for a larger collectivity, somewhat along the lines of the citizen suits established over a century later. Of course, they entertain the claims of the corporation, rather …
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz
Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz
Faculty Articles and Papers
If a partnership agreement either fails to allocate an item of partnership income, gain, deduction, credit, or loss, or does so invalidly, section 704(b) requires the item to be allocated in accordance with the partners' interests in the partnership (PIP). A brief portion of the section 704(b) regulations interpret this reallocation standard, providing guidelines of varying specificity. Commentators agree that the guidelines are vague and puzzling. The courts have not often had to apply this portion of the regulation. However, in the event that the courts do employ section 704(b), they have assigned an implicit priority to the different guidelines, …
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg
Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Determining A Partner's Share On Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz
Determining A Partner's Share On Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz
Faculty Articles and Papers
Partnership law allows partners great freedom to vary the terms on which they share partnership profits from different sources. Partnership tax law, however, seems to presume, for purposes of the collapsible partner rules, that partners will share the revenue from the collection of receivables always in proportion to the value of their partnership interests. This counterfactual presumption exposes both the government and partner/taxpayers to unfortunate consequences. A substance-over-form approach to the attribution of unrealized receivables would certainly be unworkable, because too costly and intrusive to administer. Something between substance-over form and form-over-substance would best implement the policy of Subchapter K …
Preface: Symposium On Corporate Groups, Phillip Blumberg
Preface: Symposium On Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip Blumberg
Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Continuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip Blumberg
The Continuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Increasing Recognition Of Enterprise Principles In Determining Parent And Subsidiary Corporation Liabilities, The, Phillip Blumberg
Increasing Recognition Of Enterprise Principles In Determining Parent And Subsidiary Corporation Liabilities, The, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Death (And Taxes) Of A Partner, Stephen Utz
The Death (And Taxes) Of A Partner, Stephen Utz
Faculty Articles and Papers
No abstract provided.
The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg
The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
The Corporate Personality In American Law: A Summary Review, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg
United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg
Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Limited Liability And Corporate Groups, Phillip Blumberg
Limited Liability And Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Justice Joseph Story's Doctrine Of Public And Private Corporations And The Rise Of The American Business Corporation, R. Kent Newmyer
Justice Joseph Story's Doctrine Of Public And Private Corporations And The Rise Of The American Business Corporation, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Reflections On Proposals For Corporate Reform Through Change In The Composition Of The Board Of Directors: Special Interest Or Public Directors, Phillip Blumberg
Reflections On Proposals For Corporate Reform Through Change In The Composition Of The Board Of Directors: Special Interest Or Public Directors, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Public's Right To Know: Disclosure In The Major American Corporation, Phillip Blumberg
The Public's Right To Know: Disclosure In The Major American Corporation, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg
Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Selected Materials On Corporate Social Responsibility, Phillip Blumberg
Selected Materials On Corporate Social Responsibility, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg
Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Introduction To The Politicalization Of The Corporation, Phillip Blumberg
Introduction To The Politicalization Of The Corporation, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Politicization Of The Corporation, Phillip Blumberg
The Politicization Of The Corporation, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.