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Articles 1 - 5 of 5
Full-Text Articles in Law
Autonomous Corporate Personhood, Carla L. Reyes
Autonomous Corporate Personhood, Carla L. Reyes
Washington Law Review
Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI’s increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the …
The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons
The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons
Washington Law Review
Despite over 200 years of deliberation and debate, the United States has not adopted a federal corporate chartering law. Instead, Delaware is the “Federal Option” for corporate law and adjudication. The contemporary federal corporate chartering debate is, in part, a referendum on its role. Although the federal government has regulated other aspects of interstate commerce and has the power to charter corporations and preempt Delaware pursuant to its Commerce Clause power, it has not done so. Despite the rich and robust scholarly discussion of Delaware’s jurisdictional dominance, its role as a de facto national regulator remains underdeveloped. This Article addresses …
Handling The Failure Of A Government-Sponsored Enterprise, Richard Scott Carnell
Handling The Failure Of A Government-Sponsored Enterprise, Richard Scott Carnell
Washington Law Review
Fannie Mae and Freddie Mac are huge, fast-growing, highly leveraged, lightly regulated, and susceptible to failure. Prudence calls for having a legal mechanism adequate for handling their failure. Yet no adequate insolvency mechanism currently exists for them. Unlike ordinary business firms, these government-sponsored enterprises (GSEs) cannot liquidate or reorganize under the Bankruptcy Code. If Fannie Mae or Freddie Mac became sufficiently troubled, its regulator could appoint a conservator to take control of the firm and attempt to restore its financial health. But by then the firm's problems could well have become too severe for the conservator to resolve. The conservatorship …
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
The Privilege Against Self-Incrimination As Applied To Custodians Of Organizational Records, William H. Fraser
Washington Law Review
One of the most critical areas of the courts' inquisitorial power involves organizational documents—books and records of the business, social, and political combines so much a part of the modern American scene. The development of the "organization man," and the diverse associations to which he belongs, has focused government attention—and regulation—upon the activities of large numbers of combinations, associations, and organizations. Perhaps it is pertinent to ask what areas of organization activity remain immune from the government subpoena. When may an officer or member rely upon the privileges he could assert with regard to his private affairs?
Cases On The Law Of Public Service, Including The Law Peculiar To Common Carriers And Innkeepers, By Charles K. Burdick, 2d Ed., Harvey Lantz
Washington Law Review
No abstract provided.