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Full-Text Articles in Law
Foreign Corrupt Practices Act: Pleading ParentSubsidiary Liability, Alexander Avery
Foreign Corrupt Practices Act: Pleading ParentSubsidiary Liability, Alexander Avery
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries’ Violations Of International Human Rights Law, Gwynne Skinner
Washington and Lee Law Review
The doctrine of limited liability of shareholders often prevents victims harmed by a corporation’s foreign subsidiary’s violation of international human rights norms from obtaining a remedy when that subsidiary operates in a country that has a weak or ineffective judicial system. This is because victims are often unable to obtain a remedy in these countries, and the doctrine almost always prevents victims from seeking a remedy from the parent corporation. Given this problem, in what situations should parent corporations be liable for the tortious activities of their foreign subsidiaries? This Article discusses the circumstances where imposing liability on parent corporations …
Kayser-Roth, Joslyn, And The Problem Of Parent Corporation Liability Under Cercla, James A. King
Kayser-Roth, Joslyn, And The Problem Of Parent Corporation Liability Under Cercla, James A. King
Akron Law Review
This article examines these issues by focusing on the responsibility of parent corporations as "owners" and as "operators" under section 107 of CERCLA. The scope of the analysis is limited to corporations that participate in the management of other corporations. Moreover, for the sake of simplicity, the reach of the analysis is limited to the situation in which a corporation owns one hundred percent of the stock of the subsidiary.
Part I provides a general overview of the principle of limited shareholder liability as it applies to parent corporations and of its economic underpinnings. Part II reviews judicial applications of …
The New York Llc Act At Twenty: Is Piercing Still “Enveloped In The Midst Of Metaphor”?, Miriam R. Albert
The New York Llc Act At Twenty: Is Piercing Still “Enveloped In The Midst Of Metaphor”?, Miriam R. Albert
Touro Law Review
No abstract provided.
Fighting Foreign-Corporate Political Access: Applying Corporate Veil-Piercing Doctrine To Domestic-Subsidiary Contributions, Ryan Rott
Michigan Law Review
Campaign finance regulations limit speech. The laws preclude foreign nationals, including foreign corporations, from participating in U.S. politics via campaign contributions. The unusual characteristics of corporations, however, may allow foreign corporations to exploit a loophole in the regulatory regime. A foreign corporation may contribute to political campaigns by acquiring a domestic subsidiary and dominating it. This Note addresses how these unusual corporate behaviors enable foreign corporations to illegally corrupt the political process. This Note concludes that to close the loophole without violating the free speech rights of domestic subsidiaries, Congress should enact legislation which would apply corporate veil-piercing theory to …