Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
To Call A Donkey A Racehorse—The Fiduciary Duty Misnomer In Corporate And Securities Law, Marc I. Steinberg
To Call A Donkey A Racehorse—The Fiduciary Duty Misnomer In Corporate And Securities Law, Marc I. Steinberg
Faculty Journal Articles and Book Chapters
A recurrent theme in corporate law is the presence of directors and officers owing fiduciary duties of care and loyalty to the respective companies they serve. Although not as visible in the securities law setting, concepts of fiduciary duty-like obligations arise with some frequency. While the rigorous application of fiduciary standards was applied in days of yesteryear, its adherence today largely is nonexistent. Nonetheless, courts continue to embrace language in their opinions that emphasizes the continued presence of fiduciary duty standards. Reality, however, strikes a very different key. In fact, standards of fiduciary duty have become greatly diluted in the …
A Game Changer For The Political Economy Of Economic Development Incentives, Stephen E. Ellis, Grant M. Hayden, Cynthia L. Rogers
A Game Changer For The Political Economy Of Economic Development Incentives, Stephen E. Ellis, Grant M. Hayden, Cynthia L. Rogers
Faculty Journal Articles and Book Chapters
State and local governments have embraced their authority to offer economic development incentives for the purpose of attracting, retaining, or enhancing economic activity within their borders. Collectively, these programs represent an enormous, but largely overlooked, transfer of wealth from public entities to private firms. The increasing use of economic development incentives runs counter to the guidance offered by academic researchers. With their proliferation comes the increasing need for accountability in the decision-making process. The authors consider whether the duty of care standard used in corporate governance should be applied to the public decision-making context regarding economic development incentives.