Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Roger Williams University (9)
- University of Kentucky (8)
- Washington and Lee University School of Law (3)
- Saint Louis University School of Law (2)
- University of Georgia School of Law (2)
-
- Columbia Law School (1)
- Georgetown University Law Center (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Nova Southeastern University (1)
- Penn State Law (1)
- Southern Methodist University (1)
- Texas A&M University School of Law (1)
- The Peter A. Allard School of Law (1)
- University of Colorado Law School (1)
- University of Florida Levin College of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Pittsburgh School of Law (1)
- Publication Year
- Publication
-
- Law Faculty Scholarly Articles (8)
- Life of the Law School (1993- ) (8)
- Faculty Scholarship (3)
- Scholarly Articles (3)
- All Faculty Scholarship (2)
-
- Journal Articles (2)
- LLM Theses and Essays (2)
- All Faculty Publications (1)
- Articles & Chapters (1)
- Book Chapters (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law School Blogs (1)
- Publications (1)
- Scholarly Works (1)
- UF Law Faculty Publications (1)
Articles 31 - 38 of 38
Full-Text Articles in Law
Corporate And Business Law (Annual Survey Of Virginia Law), Lyman P.Q. Johnson
Corporate And Business Law (Annual Survey Of Virginia Law), Lyman P.Q. Johnson
Scholarly Articles
This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II ex- amines legislative changes in corporate and other business stat- utes (excluding public service corporation and insurance law is- sues) based on Virginia General Assembly action in the 2001
session. Part III reviews judicial decisions during the year, in- cluding decisions addressing agency law, partnership law, and corporate law issues and principles. This article describes these decisions and, in several instances, it also critically analyzes the outcomes. Part IV summarizes a May 25, 2001, Order of the Vir- ginia …
Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang
Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang
LLM Theses and Essays
The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …
Corporate Natural Law: The Dominance Of Justice In A Codified World, Stuart R. Cohn
Corporate Natural Law: The Dominance Of Justice In A Codified World, Stuart R. Cohn
UF Law Faculty Publications
One tends to think of corporate law as quite formalistic, bound by corporate statutes, articles of incorporation, bylaws, and customary rules of commercial conduct. While many aspects of corporate law are indeed so rule-bound, the truth is that the major issues facing directors, officers and shareholders, ranging from fiduciary duties to minority rights, are generally determined by much more amorphous principles of equity. Hence the notion of “corporate natural law.”
A Positive Analysis Of The Common Law Of Corporate Fiduciary Duties, Rutheford B. Campbell Jr.
A Positive Analysis Of The Common Law Of Corporate Fiduciary Duties, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The purpose of this Article is to offer a positive analysis of the common law of corporate managers' fiduciary duties. The Article attempts to explain the present shape of these corporate fiduciary duties by reference to Pareto criteria.
A particular state of affairs ("state B") is considered to be Pareto superior to another state of affairs ("state A") if at least one person in state B is better off than he or she is in state A and no one in state B is worse off than he or she is in state A. Since in a move from state …
Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.
Corporate Fiduciary Principles For The Post-Contractarian Era, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
The impact of the law and economics movement on legal scholarship, legal analysis, and, ultimately, on the rules under which our society operates is substantial. The proponents of this movement ("Contractarians") articulate their positions skillfully and apply their principles broadly across the entire spectrum of our laws, including, of course, the area of corporate law.
The purpose of this Article is to propose, explain, and defend broad and unifying principles to guide the development of fiduciary duties of corporate managers in the post-Contractarian period. These principles are based on Pareto criteria, which are demonstrably appealing to society and provide workable …
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling
Law Faculty Scholarly Articles
The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.
This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …
Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Definition Of Control In Secondary Distributions, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
Section 2(11) of the Securities Act of 1933 (Act) generally subjects the sale of securities by a person "controlling an issuer" to the same rules that govern the sale of securities by an issuer. Accordingly, before a "control" person may sell the securities he holds in the controlled corporation he must either register them with the Securities and Exchange Commission (Commission) or qualify for an exemption from the registration requirement. While the Act clearly requires that a "control" person either register or qualify for an exemption, it fails to define "control." Thus, the task of defining has fallen to the …
Limited Liability For Corporate Shareholders: Myth Or Matter-Of-Fact, Rutheford B. Campbell Jr.
Limited Liability For Corporate Shareholders: Myth Or Matter-Of-Fact, Rutheford B. Campbell Jr.
Law Faculty Scholarly Articles
One of the most important and firmly entrenched concepts of modern corporate law is the concept of limited liability. The digests abound with ringing phrases granting the owners of corporations immunity from liability beyond their initial investment. There are, however, numerous cases in which the courts have denied the owners of corporations the protection of limited liability and have held the owners liable for an obligation incurred by the corporation. It is the purpose of this paper to examine the theories under which the owners of corporations have been held liable for the contractual obligation of corporations.