Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (9)
- Law and Economics (7)
- Banking and Finance Law (5)
- Law and Society (4)
- Legal History (4)
-
- Other Law (4)
- Securities Law (4)
- Law and Politics (3)
- Organizations Law (3)
- Public Law and Legal Theory (3)
- Civil Law (2)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Human Rights Law (2)
- International Law (2)
- International Trade Law (2)
- Labor and Employment Law (2)
- Legislation (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Business (1)
- Business Law, Public Responsibility, and Ethics (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economic History (1)
Articles 1 - 12 of 12
Full-Text Articles in Law
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
Seattle University Law Review
This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …
The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar
The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
Shareholder proposals attract attention from scholars in finance and economics because they present an opportunity to study both quasidemocratic decision-making at the corporate level and the impact of this decision-making on firm outcomes. These studies capture the effect of various proposals but rarely address whether regulations should allow many of them in the first place due to the possibility of stock price manipulation. Recent changes to shareholder proposal rules, adopted in September 2020, sought to address the potential for exploitation that some proposals create (but ultimately failed to do so). This Article shows the potential for apparently legal stock price …
Why Do The Poor Not Have A Constitutional Right To File Civil Claims In Court Under Their First Amendment Right To Petition The Government For A Redress Of Grievances?, Henry Rose
Seattle University Law Review
Since 1963, the United States Supreme Court has recognized a constitutional right for American groups, organizations, and persons to pursue civil litigation under the First Amendment right to petition the government for redress of grievances. However, in three cases involving poor plaintiffs decided by the Supreme Court in the early 1970s—Boddie v. Connecticut,2 United States v. Kras,3 and Ortwein v. Schwab4—the Supreme Court rejected arguments that all persons have a constitutional right to access courts to pursue their civil legal claims.5 In the latter two cases, Kras and Ortwein, the Supreme Court concluded that poor persons were properly barred from …
Religious Roots Of Corporate Organization, Amanda Porterfield
Religious Roots Of Corporate Organization, Amanda Porterfield
Seattle University Law Review
Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
The Clash Between Terrestrial And Digital Radio: Pinned By The Music Modernization Act, Dianlyn Cenidoza
Seattle University Law Review
Copyright law, specifically music licensing, has long been outdated due to changes in the way people listen to music. With the proliferation of technology, listeners can now enjoy music via channels that did not exist just a few decades ago. As a consequence, music creators have faced years of economic inequality. Songwriters, artists, and musicians have fought a long, and often fruitless, battle for justice—legislation that would change music law for the better has continuously been struck down. However, in 2018, the Music Modernization Act (MMA) was signed into law, representing a battle won for music creators. This Comment will …
The Problem With Predators, June Carbone, William K. Black
The Problem With Predators, June Carbone, William K. Black
Seattle University Law Review
Both corporate theory and sex discrimination law start with presumptions that CEOs seek to advance legitimate ends and design the internal organization of business enterprises to achieve such ends. Yet, a growing literature questions why CEOs and boards of directors nonetheless select for Machiavellianism, narcissism, psychopathy, and toxic masculinity, despite the downsides associated with these traits. Three scholarly literatures—economics, criminology, and gender theory—draw on advances in psychology to shed new light on the construction of seemingly dysfunctional corporate cultures. They start by questioning the assumption that CEOs—even CEOs of seemingly mainstream businesses—necessarily seek to advance “legitimate” ends. Instead, they suggest …
Developing Fiduciary Culture In Vietnam, Brian Jm Quinn
Developing Fiduciary Culture In Vietnam, Brian Jm Quinn
Seattle University Law Review
This Article examines Vietnam’s efforts during the past two and a half decades to build up its legal infrastructure during its transition from a centrally planned to a market economy. In particular, this Article will focus on the development of legal and regulatory infrastructure to support the development of the corporate sector and fiduciary culture in Vietnam. In thinking about corporate law, I do not intend to single out this particular area of law as somehow special in the context of transition. In fact, its commonness and generality are what makes the experience of the development of corporate law and …
Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton
Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton
Seattle University Law Review
A collection of eighteen speeches and lectures, from 2003 to 2018, discussing and expanding on the writings and theories of Adolf Berle and Gardiner Means.
The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William W. Bratton
The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William W. Bratton
Seattle University Law Review
This essay casts additional light on The Modern Corporation’s corporatist precincts, shifting attention to the book’s junior coauthor, Gardiner C. Means. Means is accurately remembered as the generator of Book I’s statistical showings—the description of deepening corporate concentration and widening separation of ownership and control. He is otherwise more notable for his absence than his presence in today’s discussions of The Modern Corporation. This essay fills this gap, describing the junior coauthor’s central concern—a theory of administered prices set out in a Ph.D. dissertation Means submitted to the Harvard economics department after the book’s publication.
An Identity Theory Of The Short- And Long-Term Investor Debate, Claire A. Hill
An Identity Theory Of The Short- And Long-Term Investor Debate, Claire A. Hill
Seattle University Law Review
Economics famously treats market actors as homogeneous. People are homo economicus, rational self-interested maximizers of their own utility. So far, so good, notwithstanding supposed behavioral “deviations” from rationality (more on those later). That people can view their own utility very differently from one another is recognized in theory, but not so much in practice. Also not sufficiently recognized is the extent to which people’s views of their own utility reflect their theories of who they are and how the world works, and that they hold such views and theories not just atomistically, but also collectively—that is, socially.
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Seattle University Law Review
Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …
Neo-Brandeisianism And The New Deal: Adolf A. Berle, Jr., William O. Douglas, And The Problem Of Corporate Finance In The 1930s, Jessica Wang
Seattle University Law Review
This essay revisits Adolf A. Berle, Jr. and The Modern Corporation and Private Property by focusing on the triangle of Berle, Louis D. Brandeis, and William O. Douglas in order to examine some of the underlying assumptions about law, economics, and the nature of modern society behind securities regulation and corporate finance in the 1930s. I explore Douglas and Berle’s academic and political relationship, the conceptual underpinnings of Brandeis, Berle, and Douglas’s critiques of modern finance, and the ways in which the two younger men—Berle and Douglas—ultimately departed from their role model, Brandeis.