Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brooklyn Law School (29)
- Georgia State University College of Law (21)
- Seattle University School of Law (21)
- Columbia Law School (20)
- Singapore Management University (19)
-
- Fordham Law School (14)
- UC Law SF (14)
- University of Pennsylvania Carey Law School (13)
- Washington and Lee University School of Law (11)
- University of Miami Law School (10)
- Schulich School of Law, Dalhousie University (9)
- University of Maryland Francis King Carey School of Law (9)
- University of Cincinnati College of Law (7)
- Boston University School of Law (6)
- Cornell University Law School (6)
- Duke Law (6)
- Georgetown University Law Center (6)
- University of Michigan Law School (6)
- American University Washington College of Law (5)
- Loyola Marymount University and Loyola Law School (4)
- Maurer School of Law: Indiana University (4)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (4)
- William & Mary Law School (4)
- Brigham Young University Law School (3)
- Northwestern Pritzker School of Law (3)
- Pepperdine University (3)
- Texas A&M University School of Law (3)
- University of Colorado Law School (3)
- University of Georgia School of Law (3)
- Case Western Reserve University School of Law (2)
- Keyword
-
- Corporate governance (25)
- Business (17)
- Corporations (16)
- Corporate (15)
- Corporate law (14)
-
- COVID-19 (13)
- Corporate law; corporate lawyers; ethics (11)
- Culture (8)
- Pandemic (8)
- Antitrust (7)
- Shareholders (7)
- Blockchain (6)
- Coronavirus (6)
- Corporation (6)
- Public health (6)
- SSRN (6)
- Shareholder (6)
- Contracts (5)
- Cryptocurrency (5)
- Delaware (5)
- Law (5)
- SEC (5)
- Singapore (5)
- Board (4)
- Competition (4)
- Corporate social responsibility (4)
- Diversity (4)
- Ethics (4)
- Financial regulation (4)
- Fraud (4)
- Publication
-
- Faculty Scholarship (46)
- Georgia Business Court Opinions (20)
- Seattle University Law Review (18)
- Brooklyn Journal of Corporate, Financial & Commercial Law (16)
- Research Collection Yong Pung How School Of Law (16)
-
- All Faculty Scholarship (15)
- UC Law Business Journal (14)
- Fordham Law Review (12)
- University of Miami Business Law Review (8)
- University of Cincinnati Law Review (7)
- Cornell Law Review (6)
- Washington and Lee Law Review (6)
- Georgetown Law Faculty Publications and Other Works (5)
- American University Business Law Review (4)
- Articles (4)
- Loyola of Los Angeles Law Review (4)
- Review of law sciences (4)
- William & Mary Business Law Review (4)
- Articles, Book Chapters, & Popular Press (3)
- Journal of Business & Technology Law (3)
- Law Faculty Scholarship (3)
- Maryland Law Review (3)
- Michigan Business & Entrepreneurial Law Review (3)
- Publications (3)
- Responsible Business Conduct and Impact Assessment Law (3)
- Seattle Journal for Social Justice (3)
- The Journal of Business, Entrepreneurship & the Law (3)
- Articles & Book Chapters (2)
- BYU Law Review (2)
- Brooklyn Law Review (2)
- Publication Type
Articles 31 - 60 of 320
Full-Text Articles in Law
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Fraud Is Now Legal In Texas (For Some People), Val D. Ricks
Fraud Is Now Legal In Texas (For Some People), Val D. Ricks
Texas A&M Law Review
Three intermediate appellate courts in Texas have held that corporate actors— directors, officers, managers, shareholders, and probably common employees and agents—are immune from personal liability for fraud that they themselves commit as long as their deceit relates to or arises from a contractual obligation of the corporation. Similar actors in limited liability companies also enjoy immunity. These courts do not require that the business entities themselves be liable for the fraud. When the entities are not liable, these new holdings leave fraud victims no remedy at all, even if a jury would find fraud. One (or maybe two) Texas appellate …
In Defense Of Breakups: Administering A “Radical” Remedy, Rory Van Loo
In Defense Of Breakups: Administering A “Radical” Remedy, Rory Van Loo
Faculty Scholarship
Calls for breaking up monopolies—especially Amazon, Facebook, and Google—have largely focused on proving that past acquisitions of companies like Whole Foods, Instagram, and YouTube were anticompetitive. But scholars have paid insufficient attention to another major obstacle that also explains why the government in recent decades has not broken up a single large company. After establishing that an anticompetitive merger or other act has occurred, there is great skepticism of breakups as a remedy. Judges, scholars, and regulators see a breakup as extreme, frequently comparing the remedy to trying to “unscramble eggs.” They doubt the government’s competence in executing such a …
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Maurer Theses and Dissertations
This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …
Whitman And The Fiduciary Relationship Conundrum, Lisa Fairfax
Whitman And The Fiduciary Relationship Conundrum, Lisa Fairfax
All Faculty Scholarship
While the law on insider trading has been convoluted and, in Judge Jed S. Rakoff’s words, “topsy turvy,” the law on insider trading is supposedly clear on at least one point: insider trading liability is premised upon a fiduciary relationship. Thus, all three seminal U.S. Supreme Court cases articulating the necessary elements for demonstrating any form of insider trading liability under § 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 made crystal clear that a fiduciary relationship represented the lynchpin for such liability.
Alas, insider trading law is not clear about the source from which the fiduciary …
Strategic Jubilee Holdings Order On Plaintiffs’ Motion For Partial Summary Judgment, Kelly Lee Ellerbee
Strategic Jubilee Holdings Order On Plaintiffs’ Motion For Partial Summary Judgment, Kelly Lee Ellerbee
Georgia Business Court Opinions
No abstract provided.
Competitive Harm From Vertical Mergers, Herbert J. Hovenkamp
Competitive Harm From Vertical Mergers, Herbert J. Hovenkamp
All Faculty Scholarship
The antitrust enforcement Agencies' 2020 Vertical Merger Guidelines introduce a nontechnical application of bargaining theory into the assessment of competitive effects from vertical acquisitions. The economics of such bargaining is complex and can produce skepticism among judges, who might regard its mathematics as overly technical, its game theory as excessively theoretical or speculative, or its assumptions as unrealistic.
However, we have been there before. The introduction of concentration indexes, particularly the HHI, in the Merger Guidelines was initially met with skepticism but gradually they were accepted as judges became more comfortable with them. The same thing very largely happened again …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Stewardship 2021: The Centrality Of Institutional Investor Regulation To Restoring A Fair And Sustainable American Economy, Leo E. Strine Jr.
Stewardship 2021: The Centrality Of Institutional Investor Regulation To Restoring A Fair And Sustainable American Economy, Leo E. Strine Jr.
All Faculty Scholarship
In this essay, which formed the basis for the luncheon keynote speech at the Rethinking Stewardship online conference presented by the Ira M. Millstein Center for Global Markets and Corporate Ownership at Columbia Law School and ECGI, the European Corporate Governance Institute, the essential, but not sufficient, role of regulation to promote more effective stewardship by institutional investors is discussed. To frame specific policy recommendations that align the responsibilities of institutional investors with the best interests of their human investors in sustainable wealth creation, environmental responsibility, the respectful treatment of stakeholders, and, in particular, the fair pay and treatment of …
Developing A Corporate Insolvency Framework For Nigeria., Chioma Ezinne Adiele
Developing A Corporate Insolvency Framework For Nigeria., Chioma Ezinne Adiele
Master of Laws Research Papers Repository
An important indicator of a country’s economic strength is the resilience of its businesses, as evidenced by their ability to survive insolvency, reorganize, and return to profitability. Before a rescue process is commenced, it is important to determine the viability of the company to avoid deferred liquidations. When a viable corporation is insolvent, the going concern of the company should be preserved because the corporation is worth more to its creditors alive than dead. When a corporation is not viable, the swift sale of the assets as a going concern has the same purpose of rescuing the business to maximize …
A Purpose-Based Theory Of Corporate Law, Asaf Raz
A Purpose-Based Theory Of Corporate Law, Asaf Raz
Villanova Law Review
No abstract provided.
J.P. Carey Enterprises Amended Order On Cross Motions For Summary Judgment, Kelly Lee Ellerbee
J.P. Carey Enterprises Amended Order On Cross Motions For Summary Judgment, Kelly Lee Ellerbee
Georgia Business Court Opinions
No abstract provided.
Notice Risk And Registered Agency, Andrew K. Jennings
Notice Risk And Registered Agency, Andrew K. Jennings
Faculty Scholarship
No abstract provided.
Blockchain Stock Ledgers, Kevin V. Tu
Blockchain Stock Ledgers, Kevin V. Tu
Indiana Law Journal
American corporate law contains a seemingly innocuous mandate. Corporations must maintain appropriate books and records, including a stock ledger with the corporation's shareholders and stock ownership. The importance of accurate stock ownership records is obvious. Corporations must know who owns each of its outstanding shares at any point in time. Among other things, this allows corporations to determine who receives dividends and who is entitled to vote. In theory, keeping accurate records of stock ownership should be a simple matter. But despite diligent efforts, serious share discrepancies plague corporations, and reconciliation is often functionally impossible. Doing so may require the …
The Revival Of Respondeat Superior And Evolution Of Gatekeeper Liability, Rory Van Loo
The Revival Of Respondeat Superior And Evolution Of Gatekeeper Liability, Rory Van Loo
Faculty Scholarship
In an era of servants and masters, respondeat superior emerged to hold the powerful accountable for the acts of those they control. That doctrine’s significance has only grown in an economy driven by large corporations that rely heavily on legions of subsidiaries and independent contractors, such as banks deploying independent call centers, oil companies using drilling contractors, and tech platforms connecting consumers to app developers. It is widely believed that firms can avoid third- party liability for many laws by outsourcing or creating subsidiaries.
This Article shows that common narratives of the demise of third-party liability are incomplete. Respondeat superior …
The Independent Board As Shield, Gregory H. Shill
The Independent Board As Shield, Gregory H. Shill
Washington and Lee Law Review
The fiduciary duty of loyalty bars CEOs and other executives from managing companies for personal gain. In the modern public corporation, this restriction is reinforced by a pair of institutions: the independent board of directors and the business judgment rule. In isolation, each structure arguably promotes manager fidelity to shareholder interests—but together, they enable manager prioritization. This marks a particularly striking turn for the independent board. Its origin story and raison d’être lie in protecting shareholders from opportunism by managers, but it functions as a shield for managers instead.
Numerous defects in the design and practice of the independent board …
The Effect Of Green Announcements On Stock Returns Of New Zealand Listed Companies, David K. Ding
The Effect Of Green Announcements On Stock Returns Of New Zealand Listed Companies, David K. Ding
Research Collection Lee Kong Chian School Of Business
The purpose of this paper is to investigate the effect of corporate green announcements on the stock performance of listed companies in New Zealand. We find that the market has a positive, though not significant, reaction to the announcements. New Zealand companies are largely viewed to be already quite green at the onset and the market is not very much surprised by such announcements but expect them to continue being green. Our results are consistent with the view that to be green is costly, especially so in a developed economy where the cost of doing business is high. Our findings …
Boards In Information Governance, Faith Stevelman, Sarah C. Haan
Boards In Information Governance, Faith Stevelman, Sarah C. Haan
Articles & Chapters
No abstract provided.
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Edward J. Janger, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
Real Insider Trading, Michael A. Perino
Real Insider Trading, Michael A. Perino
Washington and Lee Law Review
In popular rhetoric, insider trading cases are about leveling the playing field between elite market participants and ordinary investors. Academic critiques vary. Some depict an untethered insider trading doctrine that enforcers use to expand their power and enhance their discretion. Others see enforcers beset with agency cost problems who bring predominantly simple, easily resolved cases to create the veneer of vigorous enforcement. The debate has, to this point, been based mostly on anecdote and conjecture rather than empirical evidence. This Article addresses that gap by collecting extensive data on 465 individual defendants in civil, criminal, and administrative actions to assess …
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Dickinson Law Review (2017-Present)
In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.
Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
Dickinson Law Review (2017-Present)
Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.
To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …
International Standards: Catalyst Or Barrier For Innovative Entrepreneurship In Singapore?, Tan K. B. Eugene
International Standards: Catalyst Or Barrier For Innovative Entrepreneurship In Singapore?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
This research, under the Competition and Consumer Commission of Singapore inaugural Research Grant 2018, considers whether and how international standards, specifically those of the International Organization for Standardization (ISO), can function as a catalyst or barrier to innovative entrepreneurship in Singapore. It also interrogates how private (and quasi-public regulation) affect competition and whether such barriers are anti-competitive. In essence, while innovation and entrepreneurship are necessary, they may not be sufficient in ensuring that a product or service is competitive and able to access export markets. The growing movement towards and the expectation of businesses engaging in responsible behaviour has led …
Global Cellular Order Denying Staymobile’S Motion To Retroactively Extend The Deadline For Its Responses And Objections, Kelly Lee Ellerbee
Global Cellular Order Denying Staymobile’S Motion To Retroactively Extend The Deadline For Its Responses And Objections, Kelly Lee Ellerbee
Georgia Business Court Opinions
No abstract provided.
Forms Of Legal Protection Of The Rights And Interests Of Entrepreneurship Subjects, Oybek Kamalov
Forms Of Legal Protection Of The Rights And Interests Of Entrepreneurship Subjects, Oybek Kamalov
Review of law sciences
The article describes the forms of administrative and legal protection of the rights and interests of entrepreneurship subjects. The author analyzes the protection of the rights and interests of entrepreneurship subjects by various subjects. The article explores the forms and types of judicial and non-judicial protection of the rights and interests of entrepreneurship.
Problems Of Liability Of Controllers Of Corporations To Creditors In Uzbek Law, Utkirbek Kholmirzaev
Problems Of Liability Of Controllers Of Corporations To Creditors In Uzbek Law, Utkirbek Kholmirzaev
Review of law sciences
This article discusses the distribution of liability risks of shareholderss and other controlling persons on corporate liabilities. Given the analysis of ex post and ex ante model of control over distribution of risks of civil turnover participants in common law and continental legal traditions. Also, considered problems of shareholders' liability on obligations of corporations in the Republic of Uzbekistan. A shareholder shall be held liable on a subsidiary basis for the obligations of the legal entity in case of insolvency, as a result of the member's wrongful acts. However, some mechanisms of such liability do not allow to resolve the …
Regulatory Impact Assessment Issues Of Legal Acts On Entrepreneurial Activity, Каkhramon Abdullayev
Regulatory Impact Assessment Issues Of Legal Acts On Entrepreneurial Activity, Каkhramon Abdullayev
Review of law sciences
the article considers the concepts of assessing the effectiveness of legislation, its impact on the entrepreneurial activity, issues of its evaluation, ongoing works in our country in this direction, practice of assessing the impact of legislation in foreign countries and proposals in this regard.
The Licensing Of Activities Of Investment Funds, Alisher Jumagulov
The Licensing Of Activities Of Investment Funds, Alisher Jumagulov
Review of law sciences
This article analyzes the issues of licensing the activities of investment funds. It was proposed to define the range of attracting investments with the public and license their activities on the same terms. In the course of the analysis, uncertainties in the legislation were identified and proposals were put forward to eliminate them.
Uber And The Need For Particularized Regulation, Kayla Marie Heckman
Uber And The Need For Particularized Regulation, Kayla Marie Heckman
University of Miami Business Law Review
With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can properly be …
Airdrops: “Free” Tokens Are Not Free From Regulatory Compliance, Bridgett S. Bauer Esq.
Airdrops: “Free” Tokens Are Not Free From Regulatory Compliance, Bridgett S. Bauer Esq.
University of Miami Business Law Review
No abstract provided.