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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
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
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
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
Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli
University of Pennsylvania Journal of Business Law
No abstract provided.
Edge Contracts, Spencer Williams
Edge Contracts, Spencer Williams
University of Pennsylvania Journal of Business Law
No abstract provided.
Why Corporate Law Is Private Law, Asaf Raz
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
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
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
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
Trans Sex Equality Rights After Dobbs, Marc Spindelman
University of Pennsylvania Law Review Online
No abstract provided.
Fiduciary Deadlock, Roberto Tallarita
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
Contract Logic, Naveen Thomas
University of Pennsylvania Law Review Online
No abstract provided.
Bankruptcy’S Identity Crisis, David A. Skeel Jr.
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
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
The Anti-Tenancy Doctrine, Sarah Schindler, Kellen Zale
University of Pennsylvania Law Review
No abstract provided.
Recalibrating Section 220, Alyssa Hunt
Recalibrating Section 220, Alyssa Hunt
University of Pennsylvania Law Review
No abstract provided.
Submerged Independent Agencies, Brian D. Feinstein, Jennifer Nou
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
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
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.