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Articles 1 - 7 of 7
Full-Text Articles in Law
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Journal of Business, Entrepreneurship & the Law
A long-held view in the academy is that shareholders are "residual claimants” in the sense that shareholders are paid in full only after the corporation pays its creditors. The reality on the ground is far different. Corporations give assets away to their shareholders long before they have satisfied creditors, both voluntary contract creditors and involuntary tort creditors. In particular, existing U.S. corporate and voidable transfer laws allow corporations to pay dividends and make share repurchases up to the point where the corporation is insolvent or nearly so. Voluntary creditors can limit dividends and share repurchases by contract, but involuntary creditors …
More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry
More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry
The Journal of Business, Entrepreneurship & the Law
The benefit corporation movement has been associated with the separate camps of social entrepreneurship, nonprofit organizations, and for-profit corporations, while trying to establish itself as a community of businesses that pursue not only profit, but also environmental and social good. This article examines the legal attributes of benefit corporation legislation and articulates why incorporating as a benefit corporation can be an excellent business decision. Lastly, the article looks at how the movement can further expand in California.
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
The Journal of Business, Entrepreneurship & the Law
This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …
The Inherent Instability Of The Financial System, Kim De Glossop
The Inherent Instability Of The Financial System, Kim De Glossop
The Journal of Business, Entrepreneurship & the Law
The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …
The Need For A Self-Sustaining Mobile Legal Clinic In Widespread Urban Centers, Eshan Zaffar
The Need For A Self-Sustaining Mobile Legal Clinic In Widespread Urban Centers, Eshan Zaffar
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt
A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.