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Articles 9151 - 9180 of 10819

Full-Text Articles in Law

Kentucky Law Survey: Corporations, Willburt D. Ham Jan 1985

Kentucky Law Survey: Corporations, Willburt D. Ham

Kentucky Law Journal

No abstract provided.


Is This The End Of Civil Rico?, Randolph N. Jonakait Jan 1985

Is This The End Of Civil Rico?, Randolph N. Jonakait

Other Publications

No abstract provided.


Rule 10b-5 And Santa Fe--Herein Of Sue Facts, Shame Facts, And Other Matters, Harvey Gelb Jan 1985

Rule 10b-5 And Santa Fe--Herein Of Sue Facts, Shame Facts, And Other Matters, Harvey Gelb

West Virginia Law Review

No abstract provided.


Tender Offer Litigation And State Law, Mark J. Loewenstein Jan 1985

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …


Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn Jan 1985

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.


The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr. Jan 1985

The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.

Faculty Scholarship

When the legal history of the 1970's is written, it will note a significant shift in the way courts perceived shareholder litigation. Only a generation ago, the Supreme Court described the derivative action as "the chief regulator of corporate management." Even into the 1960's, those issues involving shareholder litigation that percolated up to the Supreme Court were typically resolved so as to extend the availability of a litigation remedy by removing arbitrary or overbroad barriers to the plaintiff.


The Reagan Tax Plan Viewed Internationally, Hugh Ault, Alan Granwell, Philip Kaplan Dec 1984

The Reagan Tax Plan Viewed Internationally, Hugh Ault, Alan Granwell, Philip Kaplan

Hugh J. Ault

No abstract provided.


The Unitary Tax Controversy: Federalism, Treaties And International Tax Relationships, Hugh Ault Dec 1984

The Unitary Tax Controversy: Federalism, Treaties And International Tax Relationships, Hugh Ault

Hugh J. Ault

No abstract provided.


Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer Dec 1984

Legal Opinions On Incorporation, Good Standing, And Qualification To Do Business, Scott T. Fitzgibbon, Donald W. Glazer

Scott T. FitzGibbon

[Also appears in Washington and Lee University Law Review 43 (Summer 1986): 240-275, and in Opinion Letters of Counsel 1987, 313-334, New York: Practising Law Institute, 1987, and in Business Opinions, 237-275, New York: Practising Law Institute, 1988.]


Selected Current Developments In Subchapter C, Donald V. Moorehead Dec 1984

Selected Current Developments In Subchapter C, Donald V. Moorehead

William & Mary Annual Tax Conference

No abstract provided.


Interest Free Loans, Waller H. Horsley Dec 1984

Interest Free Loans, Waller H. Horsley

William & Mary Annual Tax Conference

No abstract provided.


Death Or Retirement Of A Partner, Stefan F. Tucker Dec 1984

Death Or Retirement Of A Partner, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.


Cafeteria Plans In Transition, Leon E. Irish Dec 1984

Cafeteria Plans In Transition, Leon E. Irish

William & Mary Annual Tax Conference

No abstract provided.


Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review Nov 1984

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …


Schreiber V. Burlington Northern, Inc., Lewis F. Powell Jr. Oct 1984

Schreiber V. Burlington Northern, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Landreth Timber Co. V. Landreth, Lewis F. Powell Jr. Oct 1984

Landreth Timber Co. V. Landreth, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Diversity Jurisdiction And Alien Corporations: The Application Of Section 1332(C), Jim Whitlatch Oct 1984

Diversity Jurisdiction And Alien Corporations: The Application Of Section 1332(C), Jim Whitlatch

Indiana Law Journal

No abstract provided.


The Sale Of Business Doctrine: Judicial Exemption From The Federal Securities Laws Jun 1984

The Sale Of Business Doctrine: Judicial Exemption From The Federal Securities Laws

Washington and Lee Law Review

No abstract provided.


Corporate Morality And Management Buyouts Jun 1984

Corporate Morality And Management Buyouts

Washington and Lee Law Review

No abstract provided.


The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard May 1984

The Supervision Of Corporate Management: A Comparison Of Developments In European Community And United States Law, Alfred F. Conard

Michigan Law Review

In 1971, Eric Stein published an account of the remarkable progress of the European Economic Community (EEC) toward a harmonized law of business corporations. The progress was particularly striking from an American viewpoint, because the harmonization was achieved by moving toward the more rigorous of the various national standards, in contrast to the "race of laxity" or "race for the bottom" that has characterized the movement toward uniformity in the corporation laws of U.S. states.


Federalism And Company Law, Richard M. Buxbaum May 1984

Federalism And Company Law, Richard M. Buxbaum

Michigan Law Review

It would be a simplifying and historically dubious reduction to equate state interest in corporation law with interventionist or regulatory policies and federal interest with liberal or facilitative ones. So long as a federal legal system presupposes the continuing involvement of two governments with the same subject, however, it is only the subordinate polity's interest in intervention or regulation that makes for interesting reading. State facilitative policies in an era of national facilitative policies raise no questions, and a state's continuing adherence to laissez faire policies when the national government turns interventionist typically creates no conflict. It is only the …


New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt May 1984

New Ways In Corporate Governance: European Experiments With Labor Representation On Corporate Boards, Klaus J. Hopt

Michigan Law Review

Corporate governance has been discussed in Europe for over 150 years. Indeed, in the 1840's, when the first Corporation Act was enacted in Prussia, three troubling features of the corporate organization form had already been discerned: (I) the vulnerability of small investors who lacked the influence and sophistication to. control the corporation; (2) the risk to creditors and the public created by the limited liability of the corporation, especially when combined with inadequate funds and poorly controlled management; and (3) the power that big corporations could amass economically, by monopolizing markets, and politically, by exerting influence on public opinion and …


Competition, Integration And Economic Efficiency In The Eec From The Point Of View Of The Private Firm, Michel Waelbroeck May 1984

Competition, Integration And Economic Efficiency In The Eec From The Point Of View Of The Private Firm, Michel Waelbroeck

Michigan Law Review

As early as 1956, experts appointed by the six original Member State governments to investigate measures to pursue integration after the failure of the European Defence Community clearly established this link between the abolition of barriers to trade and an increase in the intensity of competition. In what has come to be known as the "Spaak Report," the experts noted the technology gap then separating Europe from the United States and proposed, as a remedial measure, the creation of a ''vast zone of common economic policy, constituting a powerful production unit, and allowing a continued expansion, and increased stability, an …


State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert Apr 1984

State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert

Washington Law Review

The main body of my analysis of state statutory restrictions on corporate financial distributions appears in the second section following this introduction. The intervening section provides a brief summary of the interests of groups in society that are affected by such restrictions. That material, derived from the first part of this article, forms the necessary underpinning for the analysis of costs and benefits resulting from any form of regulation of corporate financial distributions.


Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C. Jan 1984

Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.

Michigan Journal of International Law

The purpose of this article is to consider the Foreign Investment Review Act (FIRA or the Act) of Canada in the context of the continuing discussion in North America of the concept of "industrial policy." The particular version of industrial policy of interest for this purpose is the concept which involves interventionist activity by the government designed to affect directly the economic activity of an industry, company, or plant. The first part of the article briefly describes the background and operation of FIRA. The second part comments on the concept of interventionist industrial policy as it has developed in Canada. …


Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber Jan 1984

Industrial Policy In The Field Of Informatics In Brazil, Walter Douglas Stuber

Michigan Journal of International Law

This article first presents a brief overview of Brazilian industrial development. This overview provides a basis for understanding how the Brazilian Government's informatics policy differs from past Brazilian industrial models. The article then describes the Brazilian Government's policy in the field of informatics. It concludes that a policy which is less protectionist than the government's current program would, through allowing greater foreign participation in the market, better encourage the development of Brazilian informatic companies.


Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey Jan 1984

Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey

Michigan Journal of International Law

Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …


0401: Anonymous Memoranda Book, 1913, Marshall University Special Collections Jan 1984

0401: Anonymous Memoranda Book, 1913, Marshall University Special Collections

Guides to Manuscript Collections

Pocahontas county, W.Va. lists of jurors, tax notations, expenses, and memoranda concerning legal matters.


The Public-Spirited Defendant And Others: Liability Of Directors And Officers Of Not-For-Profit Corporations, 17 J. Marshall L. Rev. 665 (1984), Bennet B. Harvey Jr. Jan 1984

The Public-Spirited Defendant And Others: Liability Of Directors And Officers Of Not-For-Profit Corporations, 17 J. Marshall L. Rev. 665 (1984), Bennet B. Harvey Jr.

UIC Law Review

No abstract provided.


Sec Rule 14a-8: New Restrictions On Corporate Democracy?, Timothy L. Feagans Jan 1984

Sec Rule 14a-8: New Restrictions On Corporate Democracy?, Timothy L. Feagans

Buffalo Law Review

No abstract provided.