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Full-Text Articles in Law

Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield Nov 2014

Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield

Kent Greenfield

Hobby Lobby was a dangerous decision,but because the Court ignored corporate personhood rather than endorsing it.


Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Praising Corporate Personhood, Kent Greenfield Nov 2014

Praising Corporate Personhood, Kent Greenfield

Kent Greenfield

Corporate personhood has wrongly developed a bad name; efforts to end corporate personhood by way of a constitutional amendment are either worthless or harmful.


Business Law Breakfast - Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly Nov 2014

Business Law Breakfast - Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecution, Peter Reilly

Peter R. Reilly

No abstract provided.


Corporate Citizenship: Goal Or Fear?, Kent Greenfield Oct 2014

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Kent Greenfield

Progressives should oppose a constitutional amendment to end corporate personhood.


The Short Road Home From Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne Tucker Oct 2014

The Short Road Home From Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne Tucker

Anne Tucker

One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …


Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle, Anne Tucker Oct 2014

Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle, Anne Tucker

Anne Tucker

This article explores the competing interests between director authority and accountability within the doctrinal developments underpinning the arguments for and against director oversight liability. The historic losses suffered by companies entangled in the web of subprime mortgages, collateralized debt holdings, and the ensuing credit crisis have brought the role of corporate directors as risk managers under renewed public scrutiny. Directors' authority and their accountability to shareholders are two critical pieces to striking the appropriate balance among the roles, rights, and responsibilities of directors, officers, shareholders, and other corporate constituencies who operate within the corporate power puzzle. Numerous shareholder derivative suits …


Stock Transfer Restrictions In Close Corporations, William Gregory Oct 2014

Stock Transfer Restrictions In Close Corporations, William Gregory

William A. Gregory

No abstract provided.


Handbook On The Law Of Agency And Partnership, Harold Reuschlein, William Gregory Oct 2014

Handbook On The Law Of Agency And Partnership, Harold Reuschlein, William Gregory

William A. Gregory

No abstract provided.


Cases And Materials On Agency And Partnership And Other Forms Of Business Associations, William Gregory, Thomas Hurst Oct 2014

Cases And Materials On Agency And Partnership And Other Forms Of Business Associations, William Gregory, Thomas Hurst

William A. Gregory

No abstract provided.


The Law Of Agency And Partnership: Student Edition, Harold Reuschlein, William Gregory Oct 2014

The Law Of Agency And Partnership: Student Edition, Harold Reuschlein, William Gregory

William A. Gregory

No abstract provided.


The Law Of Agency And Partnership, Harold Reuschlein, William Gregory Oct 2014

The Law Of Agency And Partnership, Harold Reuschlein, William Gregory

William A. Gregory

No abstract provided.


Unincorporated Business Associations, Including Agency, Partnership, And Limited Liability Companies: Cases And Materials, William Gregory, Thomas Hurst Oct 2014

Unincorporated Business Associations, Including Agency, Partnership, And Limited Liability Companies: Cases And Materials, William Gregory, Thomas Hurst

William A. Gregory

No abstract provided.


Financial Provisions Of The Revised Uniform Limited Partnership Act: Articles 5 And 6, William Gregory Oct 2014

Financial Provisions Of The Revised Uniform Limited Partnership Act: Articles 5 And 6, William Gregory

William A. Gregory

No abstract provided.


Cases And Materials On Corporations, Thomas Hurst, William Gregory Oct 2014

Cases And Materials On Corporations, Thomas Hurst, William Gregory

William A. Gregory

No abstract provided.


Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield Oct 2014

Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield

Kent Greenfield

This was a debate with Jeff Clements, founder of Free Speech for People, about corporate personhood.


Sticking The Landing: Making The Most Of The “Stakeholder Moment”, Kent Greenfield Sep 2014

Sticking The Landing: Making The Most Of The “Stakeholder Moment”, Kent Greenfield

Kent Greenfield

This paper illustrates that the shareholder primacy model is still the prevailing model especially as the proponents of the stakeholder model have not come up with a theoretically sound alternative. It is argued that all corporations' principal stakeholders should be protected by the imposition of fiduciary duties on managerial decision makers. Homogeneity on corporate boards can reinforce thinking that leads to bad decision making. The findings of various researchers into behavioural economics are considered. It is pointed out that the interests of the shareholders are rarely, if ever, the same as those of other stakeholders. This supports the idea that …


Are Shareholders Owners? Absolutely. And Absolutely Not, Kent Greenfield Aug 2014

Are Shareholders Owners? Absolutely. And Absolutely Not, Kent Greenfield

Kent Greenfield

Shareholder ownership is in reality ‘shareholder primacy,’ or ‘shareholder supremacy.’ An excessive focus on shareholder interests encourages managerial decisions that are overly risky from society’s perspective. Including broader stakeholder concerns at the senior level of corporate decision making will help roll back the short-termism of corporations.


Panelist, The Role Of Government In Corporate Activities And Cross-Border Transactions, Kent Greenfield Jun 2014

Panelist, The Role Of Government In Corporate Activities And Cross-Border Transactions, Kent Greenfield

Kent Greenfield

No abstract provided.


Corporate Innovation And Abuse, Kent Greenfield May 2014

Corporate Innovation And Abuse, Kent Greenfield

Kent Greenfield

This was a week-long course, co-taught with Professor Frank Partnoy of the University of San Diego, to graduate-level students at the University of Sydney.


Corporate Citizenship As A Four-Letter Word, Kent Greenfield May 2014

Corporate Citizenship As A Four-Letter Word, Kent Greenfield

Kent Greenfield

Also presented at the American Constitution Society Lawyer's Chapter in Dallas, TX in November 2014.


Fixing Corporate Responsibility Internationally, Peter Reilly May 2014

Fixing Corporate Responsibility Internationally, Peter Reilly

Peter R. Reilly

No abstract provided.


Afterword: Corporate Social Responsibility Symposium, Tom Campbell Dec 2013

Afterword: Corporate Social Responsibility Symposium, Tom Campbell

Tom Campbell

No abstract provided.