Law Commons^™

Delaware Chancery Court Refuses To Recognize "Deepening Insolvency" As Independent Cause Of Action, Michelle M. Harner

Michelle M. Harner

No abstract provided.

A City Without Duty, Fault, Or Shame, Scott Fitzgibbon

Scott T. FitzGibbon

This book provides a critical examination of and reflection on the American Law Institute's (ALI) Principles of the Law of Family Dissolution: Analysis and Recommendations ('Principles', arguably the most sweeping proposal for family law reform attempted in the U.S. over the last quarter century. The volume is a collaborative work of individuals from diverse perspectives and disciplines who explore the fundamental questions about the nature of family, parenthood, and child support. The contributors are all recognized authorities on aspects of family law and provide commentary on the principles examined by the ALI - fault, custody, child support, property division, spousal …

Both Sides [Now]: Higher Education Institutions Have A Right To Dissent Without Losing Federal Money, Kent Greenfield

Kent Greenfield

No abstract provided.

The Failure Of Corporate Law: Fundamental Flaws And Progressive Possibilities, Kent Greenfield

Kent Greenfield

When used in conjunction with corporations, the term “public” is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in decision making, if doing so hurts shareholders. But this has not always been the case, as until the beginning of the twentieth century, public corporations were deemed to have important civic responsibilities.

With The Failure of Corporate Law, Kent Greenfield hopes to return corporate law to …

Aba Committee On Business And Corporate Litigation, Megan Shaner

Megan Wischmeier Shaner

No abstract provided.

Selective Waiver Of The Attorney-Client Privilege For Corporate Entities: Corporate Salvation Or Damnation?, Liesa Richter

Liesa L. Richter

No abstract provided.

Corporate Power And Global Order, Dan Danielsen

Dan Danielsen

In this chapter the author suggests that our understanding of transnational regulation and global governance would be enriched were we to think about corporations not as the 'private' other to the 'public' nation-state, but rather as legal institutions performing public regulatory functions with public welfare effects not unlike nation-states. At the same time, I suggest how a focus on the role of corporate activity and decision-making in global governance can expose new sites for political contestation and new strategies for intervention by regulators, policy-makers and activists seeking to harness and shape corporate power more effectively for the public good.

Corporate Militaries And States: Actors, Interactions And Reactions, Benedict Sheehy

Benedict Sheehy

Following the military forces of the US and the UK, PMF's make up the third largest contingent in Iraq. The article examines the interaction between states and PMF's, problems with their use for both contracting states and those where the PMF is operating. It provides six case studies and an examination of state legal responses.

Shareholders, Unicorns And Stilts: An Analysis Of Shareholder Property Rights, Benedict Sheehy

Benedict Sheehy

Abstract: Shareholders rights advocates argue that shareholders have the right to control the corporation. This article examines the basis for the claims. It begins with an analysis of rights, then moves to an analysis of legal rights, which is followed by an analysis of property rights as a species of legal rights. The article then examines the historical context, rationale and development of shareholder rights which leads to the analysis of current shareholders’ rights. The article concludes with some comments and suggestions concerning future development of corporate governance thinking.

The Seduction Of Lydia Bennet: Toward A General Theory Of Society, Marriage, And The Family, Scott T. Fitzgibbon

Scott T. FitzGibbon

This article sketches the foundation for a general theory of society. Rejecting portrayals that make society a field of exploitation and dominance, it proposes instead an account that locates the foundation of society in its service of certain basic goods. Society is a kind of friendship. It is to be defined based on the goods of friendship and the projects that serve those goods. Its elements, including those of obligation, office, shame, and rehabilitation, further those goods. The society that emerges from this account is a "society of life." This article also proposes the concept of "components of society," reflecting …

Does Federalism Matter? Its Perplexing Role In The Corporate Governance Debate, Renee Jones

Renee Jones

No abstract provided.

Good News Investors! You’Ve Got A Financial Expert On The Board: The Bad News? It Doesn’T Mean Anything, Jeffrey M. Mcfarland

Jeffrey M McFarland

No abstract provided.