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University of Pennsylvania Carey Law School

University of Pennsylvania Law Review Online

Journal

2023

Articles 1 - 4 of 4

Full-Text Articles in Law

Procedural Protections In A Secret Court: Fisa Amici And Expanding Appellate Review Of Fisa Decisions, Aaron X. Sobel Jan 2023

Procedural Protections In A Secret Court: Fisa Amici And Expanding Appellate Review Of Fisa Decisions, Aaron X. Sobel

University of Pennsylvania Law Review Online

No abstract provided.


Trans Sex Equality Rights After Dobbs, Marc Spindelman Jan 2023

Trans Sex Equality Rights After Dobbs, Marc Spindelman

University of Pennsylvania Law Review Online

No abstract provided.


Fiduciary Deadlock, Roberto Tallarita Jan 2023

Fiduciary Deadlock, Roberto Tallarita

University of Pennsylvania Law Review Online

In the current ESG debate, one leading theory argues that diversified investors have a financial incentive to reduce negative corporate externalities, such as greenhouse gas emissions, because they internalize those externalities within their investment portfolio. This Essay examines how this “portfolio primacy” theory interacts with the multiple layers of fiduciary duties of investment and corporate managers. Using a hypothetical emissions reduction in ExxonMobil as a paradigmatic case, I show that portfolio primacy creates a fiduciary deadlock: a situation in which multiple fiduciary relationships—between investment advisers and fund investors, between corporate managers and shareholders, and between controlling and minority shareholders—come into …


Contract Logic, Naveen Thomas Jan 2023

Contract Logic, Naveen Thomas

University of Pennsylvania Law Review Online

No abstract provided.