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Faculty Publications

Business Organizations Law

2004

Corporate constituencies

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Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes Oct 2004

Rejecting The Marie Antoinette Paradigm Of Prejudgment Interest, Royce De R. Barondes

Faculty Publications

This paper examines principles for properly computing prejudgment interest by examining the impact on different corporate constituencies. This paper concludes that prejudgment interest at a promisor's cost of funds can undercompensate promisees, by shifting value from the promisee's equityholders to its creditors through a forced investment that decreases the risk of the promisee's portfolio of assets.