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Articles 121 - 139 of 139

Full-Text Articles in Law

To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal Jan 2023

To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal

University of Pennsylvania Journal of Business Law

No abstract provided.


Stopping Runs In The Digital Era, Luís C. Calderón Gómez Jan 2023

Stopping Runs In The Digital Era, Luís C. Calderón Gómez

University of Pennsylvania Journal of Business Law

No abstract provided.


Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto Jan 2023

Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto

University of Pennsylvania Journal of Business Law

The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …


Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli Jan 2023

Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli

University of Pennsylvania Journal of Business Law

No abstract provided.


Edge Contracts, Spencer Williams Jan 2023

Edge Contracts, Spencer Williams

University of Pennsylvania Journal of Business Law

No abstract provided.


Why Corporate Law Is Private Law, Asaf Raz Jan 2023

Why Corporate Law Is Private Law, Asaf Raz

University of Pennsylvania Journal of Business Law

No abstract provided.


The Power Of Antitrust Personhood, Herbert Hovenkamp Jan 2023

The Power Of Antitrust Personhood, Herbert Hovenkamp

University of Pennsylvania Journal of Business Law

Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. One person acting alone can get away with far more than groups of firms acting by agreement. In most cases that distinction is justified. Creating substantial market power unilaterally is difficult and relatively uncommon, but it can be created in a moment’s time by an agreement among firms. But how do antitrust tribunals determine when conduct is unilateral rather than collaborative? Often the ansawer is obvious, but sometimes it is not. Two statutory provisions were intended to be the umpire of such decisions. A section of …


Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser Jan 2023

Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser

University of Pennsylvania Journal of Business Law

No abstract provided.


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.


Bankruptcy’S Identity Crisis, David A. Skeel Jr. Jan 2023

Bankruptcy’S Identity Crisis, David A. Skeel Jr.

University of Pennsylvania Law Review

"The large companies that currently file for Chapter 11 look very different than the typical Chapter 11 cases of the past. The liability side of debtors’ balance sheets is much more complex and now consists primarily of secured rather than unsecured obligations. Many firms that might once have borrowed on a secured basis from a bank and on an unsecured basis from bondholders now have first and second liens instead. Leveraged loans have further contributed to the prevalence of secured debt. While these developments are beneficial in many respects, they have exacerbated two serious problems in Chapter 11. The first …


Law And Courts In An Age Of Debt, Jared A. Ellias, Elisabeth De Fontenay Jan 2023

Law And Courts In An Age Of Debt, Jared A. Ellias, Elisabeth De Fontenay

University of Pennsylvania Law Review

No abstract provided.


The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale Jan 2023

The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale

University of Pennsylvania Law Review

No abstract provided.


Recalibrating Section 220, Alyssa Hunt Jan 2023

Recalibrating Section 220, Alyssa Hunt

University of Pennsylvania Law Review

No abstract provided.


Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou Jan 2023

Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou

University of Pennsylvania Law Review

No abstract provided.


How Relational Contracting Can Address Medicaid Long-Term Care’S Accountability Crisis, Lukas Gemar Jan 2023

How Relational Contracting Can Address Medicaid Long-Term Care’S Accountability Crisis, Lukas Gemar

University of Pennsylvania Law Review

No abstract provided.


Mixed Jurisdiction Law Beyond The Purported Common Law-Civil Law Dichotomy: The Property Endowment In Iran, Markus G. Puder Jan 2023

Mixed Jurisdiction Law Beyond The Purported Common Law-Civil Law Dichotomy: The Property Endowment In Iran, Markus G. Puder

University of Pennsylvania Asian Law Review

No abstract provided.