Law Commons^™

Cancelling Capitalism?, Christina P. Skinner

Notre Dame Law Review

Grow the Pie’s defense of capitalism is a tremendous contribution, albeit one which Edmans himself downplays. While the author largely bills his work as one aiming to correct the factual record about profitmaximization— while providing pointers for managers and policymakers—Edmans reaffirms the validity and viability of corporate capitalism as an ideology that, in practice, advances human welfare.

Injecting this viewpoint into the academic debate is critically important at a time when voices of stakeholderists seem the loudest. Sociological research long ago confirmed that societal expectations (as often shaped by academic discourse) have real impact on our social systems and …

Wait, Who Are We Talking About Here? Searching For A Consistent Approach To Applying Rfra To Corporations, Steven J. Harrison

Notre Dame Journal of Law, Ethics & Public Policy

There is perhaps no idea in contemporary American law that is more publicly contentious than that of “corporate personhood.” Of all of the Supreme Court cases dealing with corporations and the corporate entity, few probably thought that a decision could surpass Citizens United in public controversy and divisiveness produced by the decision, which brought the legal fiction of the “corporate person” to the forefront of popular debate and discussion. Then came Burwell v. Hobby Lobby Stores, Inc., which not only addressed whether corporations could “act” in a manner that seemed only a possibility for “real” or “natural” persons, which recalled …

Has The S-Corp Run Its Course? The Past Successes And Future Possibilities Of The S Corporation, David Branham

Journal of Legislation

The United States' economy has benefited greatly by providing an atmosphere where small businesses can grow in a free marketplace. The S-Corporation and its tax advantages have played a pivotal role in our strong economy. In order to ensure continued success as a part of the economy, the S-Corporation element prohibiting foreign shareholders needs to be adjusted.

Modern-Day Monitorships, Veronica Root

Journal Articles

When a sexual abuse scandal rocked Penn State, when Apple engaged in anticompetitive behavior, and when servicers like Bank of America improperly foreclosed upon hundreds of thousands of homeowners, each organization entered into a Modern-Day Monitorship. Modern-Day Monitorships are utilized in an array of contexts to assist in widely varying remediation efforts. They provide outsiders a unique source of information about the efficacy of the tarnished organization’s efforts to remediate misconduct. Yet despite their use in high-profile and serious matters of organizational wrongdoing, they are not an outgrowth of careful study and deliberate planning. Instead, Modern-Day Monitorships have been employed …

Arbitrating Human Rights, Roger P. Alford

Roger P. Alford

Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor—the sovereign—is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, it may invoke contractual provisions in the agreement with the sovereign to arbitrate the question of shared responsibility. While the victims may not …

Arbitrating Human Rights, Roger P. Alford

Journal Articles

The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor - the sovereign - is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, …

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.

Corporation As Mediating Institution: An Efficacious Synthesis Of Stakeholder Theory And Corporate Constituency Statutes, Timothy L. Fort

Notre Dame Law Review

No abstract provided.

Ethics Of Procedure A Discovery-Based Approach To Ex Parte Contacts With Former Employees Of A Corporate Adversary, John E. Iole, John D. Goetz

Notre Dame Law Review

No abstract provided.

Securities And Exchange Commission's Administrative, Enforcement, And Legislative Programs And Policies--Their Influence On Corporate Internal Affairs, Marc I. Steinberg

Notre Dame Law Review

No abstract provided.

Delaware's Appraisal Statute: The Courts' Artificial Ceiling On Asset Valuation Weighting, Mark G. Weston

Notre Dame Law Review

No abstract provided.