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Full-Text Articles in Law
“Comply Or Explain”—A Flexible Mechanism To Countervail Behavioral Biases In M&A Transactions, Gerrit M. Beckhaus
“Comply Or Explain”—A Flexible Mechanism To Countervail Behavioral Biases In M&A Transactions, Gerrit M. Beckhaus
University of Miami Business Law Review
Mergers and acquisitions (M&A) are a common phenomenon of great importance in today’s business world. However, the majority of them fail to achieve the aspired objectives. These failures can be attributed to various circumstances, inter alia decision-makers’ vulnerability to behavioral biases due to the complexity, uncertainty, and time pressure characteristic of M&A transactions. Such biases often lead to predictable irrational behavior resulting in momentous misjudgments. Despite numerous psychological studies proving that people systematically tend to make irrational decisions under uncertainty, neither the transactional practice nor its current legal framework address this problem. Instead, the present law shields decision-makers from potential …
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
Articles
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …
The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen
The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen
University of Miami Law Review
No abstract provided.
Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen
Resistances To Reforming Corporate Governance: The Diffusion Of Qlccs, Robert Eli Rosen
Articles
No abstract provided.
Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.
Hard Law, Soft Law, And Non-Law In Multilateral Arms Control: Some Compliance Hypotheses, Richard L. Williamson Jr.
Articles
No abstract provided.