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Full-Text Articles in Law
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Corporate Officers As Agents, Deborah A. Demott
Corporate Officers As Agents, Deborah A. Demott
Faculty Scholarship
Although officers are crucial to corporate operations, scholarly and theoretical accounts tend to slight officers and amalgamate them with directors into a single category, "managers." This essay anchors officers within the common law of agency-as does black-letter law-which crisply differentiates officers from directors. Understanding that agency is central of the legal account of officers' positions and responsibilities is crucial to seeing why, like directors, officers are fiduciaries, but distinctively so, not as instances of generic "corporate fiduciaries." Officers, like directors, owe duties of loyalty, but also particularized duties of care, competence, and diligence. Additionally, officers' duties of performance encompass two …
Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein
Reflections On Teaching Business Associations: The Case For Teaching More Agency And Unincorporated Business Entity Law, Mark J. Loewenstein
Publications
This paper argues for increased coverage of the law of agency and alternative entities in business associations courses.
Imputation, The Adverse Interest Exception, And The Curious Case Of The Restatement (Third) Of Agency, Mark J. Loewenstein
Imputation, The Adverse Interest Exception, And The Curious Case Of The Restatement (Third) Of Agency, Mark J. Loewenstein
Publications
The imputation doctrine in the common law of agency provides that knowledge of an agent acquired in the course of the agency relationship is imputed to the principal. An important exception to the imputation doctrine, known as the adverse interest exception, provides that knowledge is not imputed if it is acquired by the agent in a course of conduct that is entirely adverse to the principal. These doctrines play an important role in sorting out liability when senior management of a corporation engages in a financial fraud that harms the company. Typically, new management is brought in and it sues …
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
Faculty Scholarship
This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a function of corporate form. The theory of agency cannot dismiss the firm as a fiction or metaphorical shorthand since that which does not exist should not be able to cause ethical breakdowns in corporate action. Thus, the theory of the firm, which emphasizes profit and wealth maximization, should incorporate a richer, more …
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
Corporate Ethics, Agency, And The Theory Of The Firm, Robert J. Rhee
UF Law Faculty Publications
This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a function of corporate form. The theory of agency cannot dismiss the firm as a fiction or metaphorical shorthand since that which does not exist should not be able to cause ethical breakdowns in corporate action. Thus, the theory of the firm, which emphasizes profit and wealth maximization, should incorporate a richer, more …
Agents Of The Good, Servants Of Evil: Harry Potter And The Law Of Agency, Daniel S. Kleinberger
Agents Of The Good, Servants Of Evil: Harry Potter And The Law Of Agency, Daniel S. Kleinberger
Faculty Scholarship
No abstract provided.
Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard
Corporate Philanthropy, Executives' Pet Charities And The Agency Problem, Jayne W. Barnard
Faculty Publications
No abstract provided.
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes
Publications
No abstract provided.
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Cooperative Implementation Of Federal Regulations, Douglas C. Michael
Law Faculty Scholarly Articles
Professor Michael examines regulatory programs in which the federal government leaves many compliance decisions up to the regulated entities themselves. Drawing on prior research and theory in the area, he concludes that such "cooperative implementation" is feasible if three principles are observed: (1) regulatory standards are written to leave discretion in methods of compliance and that discretion is within the competence of the regulated entities; (2) there are economic incentives to offset the additional costs to these entities; and (3) the entities self-report their own compliance, the agency closely monitors the program, and the agency maintains a residual program of …
Emerging Markets In The Age Of Mechanical Reproduction, Manuel A. Utset
Emerging Markets In The Age Of Mechanical Reproduction, Manuel A. Utset
Scholarly Publications
No abstract provided.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.
Publications
The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.
Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown
Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.