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Articles 1 - 30 of 55
Full-Text Articles in Law
Purpose With Profit: Governance, Enforcement, Capital-Raising And Capital-Locking In Low-Profit Limited Liability Companies, J. Haskell Murray, Edward I. Hwang
Purpose With Profit: Governance, Enforcement, Capital-Raising And Capital-Locking In Low-Profit Limited Liability Companies, J. Haskell Murray, Edward I. Hwang
University of Miami Law Review
No abstract provided.
E-Proxies For Sale? Corporate Vote-Buying In The Internet Age, Douglas R. Cole
E-Proxies For Sale? Corporate Vote-Buying In The Internet Age, Douglas R. Cole
Washington Law Review
Advances in electronic communications technology promise to invigorate shareholder voting as a viable tool for corporate governance, for example by decreasing the cost, and thereby increasing the frequency and effectiveness, of proxy fights. Increased use of shareholder voting, though, forces renewed focus on issues related to the shareholder voting process. One such issue is vote-buying. Traditionally, courts have treated vote-buying in the corporate context as per se illegal. More recently, however, courts have relaxed their attitude toward such transactions, a move generally applauded by commentators. This article argues that the newfound judicial acceptance of vote-buying is problematic, at least for …
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Internet Business Model Patents: Obvious By Analogy, Margo A. Bagley
Michigan Telecommunications & Technology Law Review
This Article contends that part of the problem of Internet business model patents is the narrow view of analogous art employed by judges and USPTO examiners which largely excludes relevant "real-world" prior art in the determination of non-obviousness under § 103 of the Patent Act. Consequently, part of the solution lies in helping courts and the USPTO properly to define analogous art for a particular invention. To do so, judges and examiners must recognize the interchangeability of computer programming (i.e. "e-world" activities) to perform a function, with human or mechanical performance of the same function (i.e. "real world" activities). Such …
Legacy Of Lost Opportunity: Designated Entities And The Federal Communications Commission's Broadband Pcs Spectrum Auction, A, Mark W. Munson
Legacy Of Lost Opportunity: Designated Entities And The Federal Communications Commission's Broadband Pcs Spectrum Auction, A, Mark W. Munson
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission's ("FCC") designated entity policy has challenged the efficiency of the use of auctions to allocate spectrum licenses. As an alternative to comparative hearings and lotteries, auctions provide an effective solution to the costs, administrative burdens, and delays associated with apportioning spectrum. Congress required the FCC to allow firms to participate in the auctions even if they had difficulty in obtaining financing. The FCC gave these firms, known as "designated entities," set-asides and other preferences to assist them in the competitive bidding process. In the broadband Personal Communications Services ("PCS") auctions, however, designated entities frequently were unable …
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Defining The Proper Scope Of Internet Patents: If We Don't Know Where We Want To Go, We're Unlikely To Get There, Vincent Chiappetta
Michigan Telecommunications & Technology Law Review
Part I of this Article addresses the appropriateness of protecting Internet innovations under the current patent regime. It concludes that the doctrinal, historical and policy arguments require different outcomes regarding computing (patentable subject matter) and competitive arts (at best a difficult fit) innovation. Part II argues that the new electronic economy has given rise to a particular kind of competitive arts "market failure" (interference with first-to-move lead-time incentives) which must be addressed. It concludes, however, that tinkering with the existing patent or copyright regimes is not only complex, but poses significant risks, and should be avoided. Part III sketches the …
Wells Fargo & Co. And Subsidiaries V. Commissioner: Rethinking The Deductibility Of Certain Pre-Merger Expenditures, Jeffery R. Atkin
Wells Fargo & Co. And Subsidiaries V. Commissioner: Rethinking The Deductibility Of Certain Pre-Merger Expenditures, Jeffery R. Atkin
Brigham Young University Journal of Public Law
No abstract provided.
Conversion And Mergers Of Disparate Business Entities, Robert C. Art
Conversion And Mergers Of Disparate Business Entities, Robert C. Art
Washington Law Review
Legislation permitting a business organized in one form, such as a corporation, to merge with a business of a different form, such as a limited liability company, is relatively recent, but reasonable and beneficial. A logical extension of this legislation is to permit a single business entity to convert its organizational form without involving a second entity. Recognition of these cross-entity transactions flows naturally from the expansion of organizational options in recent years, particularly the introduction of limited liability companies and limited liability partnerships. Conversion and merger of disparate entities are already available in a few states, with varying degrees …
Whither The Race? A Comment On The Effects Of The Delawarization Of Corporate Reorganizations, Robert K. Rasmussen, Randall S. Thomas
Whither The Race? A Comment On The Effects Of The Delawarization Of Corporate Reorganizations, Robert K. Rasmussen, Randall S. Thomas
Vanderbilt Law Review
The war is over and Delaware has won. The "Delawarization" of bankruptcy law appears complete. The reorganization of a large, publicly held corporation under Chapter 11 of the Bankruptcy Code today will more likely take place in the Delaware Bankruptcy Court than in any other jurisdiction.' The bankruptcy judges and lawyers in Delaware are no doubt pleased with this state of affairs, while many of their counterparts in other jurisdictions look to Delaware with envy. While few question that Delaware is the preferred forum for public corporations seeking to reorganize, it remains hotly contested whether that is a good thing. …
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
The Corporate Defamation Plaintiff In The Era Of Slapps: Revisiting New York Times V. Sullivan, D. Mark Jackson
William & Mary Bill of Rights Journal
Corporations have increasingly used defamation suits as an offensive weapon. Many of these suits may be defined as SLAPP suits-Strategic Litigation Against Public Participation. These suits, often meritless, are designed to harass and silence a corporations' critics. Following a survey oft he history of defamation law and the protection of free speech, this Note argues that corporations should be treated as per se public figures in defamation suits. This derives from the uniquely public nature of a corporation and an assumption of the risk of defamatory falsehoods that arises from the act of incorporation.Treating corporations in this manner would place …
Lessons To Be Learned: The Conflict In International Antitrust Law Contrasted With Progress In International Financial Law, William P. Connolly
Lessons To Be Learned: The Conflict In International Antitrust Law Contrasted With Progress In International Financial Law, William P. Connolly
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Critical Issue Of Standing Under Section 11 Of The Securities Act Of 1933, Paul C. Curnin, Christine M. Ford
The Critical Issue Of Standing Under Section 11 Of The Securities Act Of 1933, Paul C. Curnin, Christine M. Ford
Fordham Journal of Corporate & Financial Law
No abstract provided.
The New Policy Agenda For Financial Services, Richard S. Carnell
The New Policy Agenda For Financial Services, Richard S. Carnell
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Tribute To Sec Chairman Arthur Levitt: Inaugural A.A. Sommer, Jr. Lecturer In Corporate Securities & Financial Law, John D. Ferrick
A Tribute To Sec Chairman Arthur Levitt: Inaugural A.A. Sommer, Jr. Lecturer In Corporate Securities & Financial Law, John D. Ferrick
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
Fordham Journal of Corporate & Financial Law
No abstract provided.
Inequities In The Resolution Of Securities Disputes: Individual Or Class Action; Arbitration Or Litigation, Farah Z. Usmani
Inequities In The Resolution Of Securities Disputes: Individual Or Class Action; Arbitration Or Litigation, Farah Z. Usmani
Fordham Journal of Corporate & Financial Law
No abstract provided.
Analyst Liability And The Internet Bubble: The Morgan Stanley/Mary Meeker Cases, Jaimee L. Campbell
Analyst Liability And The Internet Bubble: The Morgan Stanley/Mary Meeker Cases, Jaimee L. Campbell
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Response: Small Business Reorganization And The Sabre Proposals, Joseph A. Guzinsky
Fordham Journal of Corporate & Financial Law
No abstract provided.
Muddy Rules For Securitizations, Edward J. Janger
Muddy Rules For Securitizations, Edward J. Janger
Fordham Journal of Corporate & Financial Law
No abstract provided.
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Revised Article 9, The Proposed Bankruptcy Code Amendments And Securitizing Debtors And Their Creditors, Lois R. Lupica
Fordham Journal of Corporate & Financial Law
No abstract provided.
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Corporate Groups And Crossborder Insolvencies: A Canada- United States Perspective, Jacob Zeigel
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
The Problem Of Corporate Groups, A Comment On Professor Ziegel, Robert K. Rasmussen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Means Testing Consumer Bankruptcy: The Problem Of Means, Jean Braucher
Means Testing Consumer Bankruptcy: The Problem Of Means, Jean Braucher
Fordham Journal of Corporate & Financial Law
No abstract provided.
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Comment On Means Testing Consumer Bankruptcy By Jean Braucher, Eric Posner
Fordham Journal of Corporate & Financial Law
No abstract provided.
Response To Eric Posner, Jean Braucher
Response To Eric Posner, Jean Braucher
Fordham Journal of Corporate & Financial Law
No abstract provided.
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
But Can She Keep The Car? Some Thoughts On Collateral Retention In Consumer Chapter 7 Cases, Marianne B. Culhane, Michaela M. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Lesson From The Trenches: Debtor Educator In Theory And Practice, Susan Block-Lieb, Karen Gross, Richard L. White
Fordham Journal of Corporate & Financial Law
No abstract provided.
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay
Fordham Journal of Corporate & Financial Law
No abstract provided.
Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.
Strategic Planning For Financial Institutions In A New Legal And Economic Environment, Carl Felsenfeld, William T. Lifland, Ernest T. Patrikis, Frank Scifo, William J. Sweet Jr.
Fordham Journal of Corporate & Financial Law
No abstract provided.