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Articles 1 - 30 of 95
Full-Text Articles in Law
Delaware's Global Competitiveness, William J. Moon
Delaware's Global Competitiveness, William J. Moon
Faculty Scholarship
For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.
This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …
“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu
“Dishonesty” In Fact: The Future Uncertainty Of Maryland’S Statutory Interpretation Of Good Faith & Encouraging Lax Lender Liability, Kara N. Achilihu
Maryland Law Review
No abstract provided.
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Debt-Buyer Lawsuits And Inaccurate Data, Peter A. Holland
Faculty Scholarship
Pursuant to secret purchase and sale agreements (also known as forward flow agreements), the accounts that banks sell to debt buyers are often sold “as is,” with explicit and emphatic disclaimers that the debts may not be owed, the amounts claimed may not be accurate, and documentation may be missing. Despite their full knowledge that the accuracy and completeness of the data has been specifically disclaimed by the bank, when they sue consumers, debt buyers tell courts that the information obtained from the bank is inherently reliable and accurate. In order to avoid a fraud on the courts, the contents …
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan
Journal of Business & Technology Law
No abstract provided.
Stuck Between A Rock And A Hard Place: Are Public Accounting Firms Subject To Diverging Standards Of Conduct Between Federal Courts And The Pcaob In Securities Fraud Claims?, Pierre Ciric
Journal of Business & Technology Law
No abstract provided.
The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland
The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland
Journal of Business & Technology Law
No abstract provided.
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky
My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky
Faculty Scholarship
In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann
Faculty Scholarship
No abstract provided.
Storetrax.Com, Inc. V. Gurland: Keep Trax Of Your Board Of Directors, James R. Hart Iii
Storetrax.Com, Inc. V. Gurland: Keep Trax Of Your Board Of Directors, James R. Hart Iii
Maryland Law Review Online
No abstract provided.
Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch
Reassessing Damages In Securities Fraud Class Actions, Elizabeth Chamblee Burch
Maryland Law Review
No abstract provided.
A Decision Theory Approach To The Business Judgment Rule: Reflections On Disney, Good Faith, And Judicial Uncertainty, Andrew S. Gold
A Decision Theory Approach To The Business Judgment Rule: Reflections On Disney, Good Faith, And Judicial Uncertainty, Andrew S. Gold
Maryland Law Review
No abstract provided.
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Oy Canada! Trade's Non-Solution To "The Problem" Of U.S. Drug Prices, Daniel Gilman
Faculty Scholarship
Price disparities—price “differentiation” or “discrimination”—in pharmaceuticals markets have, in recent years, been the subject of much discussion. Price sensitivity should come as no surprise: Medicines play an increasingly important role in healthcare, while pharmaceuticals prices continue to rise. When prices vary greatly within markets or between neighboring markets, the pressure towards arbitrage is clear. This paper considers the question whether the re-importation of medicines from Canada or the EU is well advised and argues that it is not. First, we might reasonably question the extent to which we wish, as a matter of policy, to manage pharmaceuticals pricing; among other …
Rankings, Reductionism, And Responsibility, Frank Pasquale
Rankings, Reductionism, And Responsibility, Frank Pasquale
Faculty Scholarship
After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …
The Costs Of Legal Change, Michael P. Van Alstine
The Costs Of Legal Change, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Arbitration Of Commercial Disputes In China, Vai Io Lo
Arbitration Of Commercial Disputes In China, Vai Io Lo
Maryland Series in Contemporary Asian Studies
No abstract provided.
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Where Is A Bank Account? , Joseph H. Sommer
A Thumbnail Sketch Of Derivative Securities And Their Regulation, Roberta Romano
A Thumbnail Sketch Of Derivative Securities And Their Regulation, Roberta Romano
Maryland Law Review
No abstract provided.
Limited Liability And Theories Of The Corporation, Larry E. Ribstein
Limited Liability And Theories Of The Corporation, Larry E. Ribstein
Maryland Law Review
No abstract provided.
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William L. Tabac
The Unbearable Lightness Of Title Under The Uniform Commercial Code, William L. Tabac
Maryland Law Review
No abstract provided.
Subtle Hazards, Financial Risks, And Diversified Banks: An Essay On The Perils Of Regulatory Reform, Helen A. Garten
Subtle Hazards, Financial Risks, And Diversified Banks: An Essay On The Perils Of Regulatory Reform, Helen A. Garten
Maryland Law Review
No abstract provided.
The Case For Federal Minimum Corporate Law Standards, Joel Seligman
The Case For Federal Minimum Corporate Law Standards, Joel Seligman
Maryland Law Review
No abstract provided.
Board Of Trustees V. City Of Baltimore: Public Pension Fund Divestment Of South African Securities Upheld, Garrett M. Smith
Board Of Trustees V. City Of Baltimore: Public Pension Fund Divestment Of South African Securities Upheld, Garrett M. Smith
Maryland Law Review
No abstract provided.
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Maryland Law Review
No abstract provided.
Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss
Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss
Maryland Law Review
No abstract provided.
Rumor Control And Disclosure Of Merger Negotiations Or Other Control-Related Transactions: Full Disclosure Or "No Comment"-The Only Safe Harbors, Thomas Lee Hazen
Rumor Control And Disclosure Of Merger Negotiations Or Other Control-Related Transactions: Full Disclosure Or "No Comment"-The Only Safe Harbors, Thomas Lee Hazen
Maryland Law Review
No abstract provided.
Introduction, Marc I. Steinberg
A Call For A New Special Study Of The Securities And Financial Markets, Stanley Sporkin
A Call For A New Special Study Of The Securities And Financial Markets, Stanley Sporkin
Maryland Law Review
No abstract provided.
Issuer Affirmative Disclosure Obligations - An Analytical Framework For Merger Negotiations, Soft Information, And Bad News, Marc I. Steinberg, Robin M. Goldman
Issuer Affirmative Disclosure Obligations - An Analytical Framework For Merger Negotiations, Soft Information, And Bad News, Marc I. Steinberg, Robin M. Goldman
Maryland Law Review
No abstract provided.