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Business Organizations Law

1984

Institution
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Articles 1 - 30 of 47

Full-Text Articles in Law

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.


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 …


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 …


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 Economics And Jurisprudence Of Convertible Bonds, William W. Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William W. Bratton

All Faculty Scholarship

Professor Bratton examines judicial regulation of issuer-bondholder conflicts of interest within three different, but closely related doctrinal frameworks: neoclassical contract interpretation; contract avoidance; and corporate law fiduciary restraint. After discussing the elements of convertible bond valuation and their interaction with issuer actions giving rise to conflicts of interest, he evaluates the case for judicial intervention to protect bondholder interests. He concludes that ·bondholder protective intervention is fair and tolerably efficient, provided it is kept within the bounds of contract interpretation. But he finds that more aggressive judicial intervention under the frameworks of contract avoidance and fiduciary restraint carries an unnecessary …


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.


Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr. Jan 1984

Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr.

UIC Law Review

No abstract provided.


Value Creation By Business Lawyers: Legal Skills And Asset Pricing, Ronald J. Gilson Jan 1984

Value Creation By Business Lawyers: Legal Skills And Asset Pricing, Ronald J. Gilson

Faculty Scholarship

What do business lawyers really do? Embarrassingly enough, at a time when lawyers are criticized with increasing frequency as nonproductive actors in the economy, there seems to be no coherent answer. That is not, of course, to say that answers have not been offered; there are a number of familiar responses that we have all heard or, what is worse, that we have all offered at one time or another without really thinking very hard about them. The problem is that, for surprisingly similar reasons, none of them is very helpful.


Liquidation-Reincorporation: A Sensible Approach Consistent With Congressional Policy, Glenn P. Schwartz Jan 1984

Liquidation-Reincorporation: A Sensible Approach Consistent With Congressional Policy, Glenn P. Schwartz

University of Miami 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.


Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence Zelenak Jan 1984

Serving Two Masters: Commercial Hues And Tax Exempt Organizations, Lawrence Zelenak

Seattle University Law Review

This article will describe the statutory and regulatory framework of section 501(c)(3), examine how the test has been applied, criticize the test, and suggest a test more in keeping with the language and the spirit of section 501(c)(3). The proposed test is this: If the questioned activity directly accomplishes an exempt purpose of the organization, and if all profits from the activity are used in a manner consistent with the organization's exempt purposes, 6 then the organization should be granted exempt status, whether or not the organization's activities are imbued with a "commercial hue."


The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes Jan 1984

The Role Of Planning Contracts In The Conduct Of French Industrial Policy, Saul Estrin, Peter M. Holmes

Michigan Journal of International Law

The French have a long history of state economic planning, of comprehensive industrial policy, and of contractualised relations between the state and firms, though the links between them have not always been close. In the following section we review the relevant history of French planning and industrial policy. We focus in the second section on the development of contractual relations between corporations and the state in postwar France until the Socialists took office in 1981. In the third section we discuss recent developments, and we conclude with a theoretical appraisal of the experience.


Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow Jan 1984

Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow

Michigan Journal of International Law

This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.


Foreign Investment Laws In Developing Countries, Jane E. Cross Jan 1984

Foreign Investment Laws In Developing Countries, Jane E. Cross

Michigan Journal of International Law

Rather than extensively analyzing the various laws of Argentina, Mexico, and Nigeria that are specifically designed to encourage foreign investment, this note endeavors to explain how the laws of these countries that have as the primary function the monitoring and restricting of foreign investment activity are able to refrain from severely discouraging the foreign investment needed to promote industrialization. The tendency of LDCs to liberalize their restrictive foreign investment laws over the last few years demonstrates the growing importance of minimizing the adverse impact of legal constraints on foreign capital investment.


Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin Jan 1984

Investment Incentives And Guarantees In The Republic Of China, The Republic Of Korea, Thailand, And The People's Republic Of China, Barbara J. Martin

Michigan Journal of International Law

This note will focus on direct investment in four countries in Southeast Asia: the Republic of China (ROC), the Republic of Korea (ROK or South Korea), Thailand, and the People's Republic of China (PRC). Despite similar goals, these four countries differ significantly in their treatment of foreign investors.