Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 21 of 21
Full-Text Articles in Law
The Complex Dualisms Of Corporations And Democracy, Franklin A. Gevurtz
The Complex Dualisms Of Corporations And Democracy, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
These are perilous times for American democracy. Among the threats, many point to the power of corporations. This article examines that threat by considering a series of dualisms characterizing the relationship between corporations and democracy. This begins with a look at the anti- as well as the pro-democratic impacts of the earliest corporations and the paradoxes with respect to democracy created during the evolution of corporate law. The article then looks at internal corporate governance (so-called “corporate” or “shareholder democracy”) to show how, on the one hand, it contains features addressing some of the greatest current threats to American democracy, …
The Yin And Yang Of Corporations And Democracy, Franklin A. Gevurtz
The Yin And Yang Of Corporations And Democracy, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
These are perilous times for American democracy. Among the threats, many point to the power of corporations. This article examines that threat by considering a series of dualisms characterizing the relationship between corporations and democracy.
This begins with a look at the anti- as well as the pro-democratic impacts of the earliest corporations and the paradoxes with respect to democracy created during the evolution of corporate law. The article then looks at internal corporate governance (so-called “corporate” or “shareholder democracy”) to show how, on the one hand, it contains features addressing some of the greatest current threats to American democracy, …
Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard
Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard
McGeorge School of Law Scholarly Articles
No abstract provided.
Removing Revlon, Franklin A. Gevurtz
Removing Revlon, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This Article advocates the abolition of the Revlon doctrine— the junior partner in Delaware’s corporate takeover jurisprudence, which governs certain contests involving auctions and sales of control. Revlon arose in the twilight zone created by the overlap between defenses to hostile tender offers and efforts by directors to avoid or coerce a shareholder vote on corporate mergers and sales (shotgun corporate marriages). The narrow holding of the case stands for the common sense proposition that if directors decide to sell their corporation by choosing between two bids, both of which will pay all of the shareholders cash for all of …
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility , Franklin A. Gevurtz
Using Comparative And Transitional Corporate Law To Teach Corporate Social Responsibility , Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The Globalization Of Corporate Law: The End Of History Or A Never-Ending Story?, Franklin A. Gevurtz
The Globalization Of Corporate Law: The End Of History Or A Never-Ending Story?, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
Considerable scholarship during the last few decades addresses the question of whether corporate laws are becoming global by converging on commonly accepted approaches. Some scholars have asserted that such convergence is occurring around the most efficient laws and institutions, thereby marking the “End of History” for corporate law. This Article responds to such assertions by developing three claims not previously given due attention in the convergence literature. First, it demonstrates that the history of corporations and corporate law has been one of seemingly constant movement toward global convergence, yet the resulting convergence is always incomplete or transitory. Next, it points …
The Role Of Corporate Law In Preventing A Financial Crisis: Reflections On In Re Citigroup Inc. Shareholder Derivative Litigation, Franklin A. Gevurtz
The Role Of Corporate Law In Preventing A Financial Crisis: Reflections On In Re Citigroup Inc. Shareholder Derivative Litigation, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Corporate Governance Ii – Accountability Rules, Franklin A. Gevurtz
Corporate Governance Ii – Accountability Rules, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Jarrod Wong, Miriam A. Cherry
Clawbacks: Prospective Contract Measures In An Era Of Excessive Executive Compensation And Ponzi Schemes, Jarrod Wong, Miriam A. Cherry
McGeorge School of Law Scholarly Articles
No abstract provided.
The Function Of "Dysfunctional" Boards, Franklin A. Gevurtz
The Function Of "Dysfunctional" Boards, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Earnings Management And The Business Judgment Rule: An Essay On Recent Corporate Scandals, Franklin A. Gevurtz
Earnings Management And The Business Judgment Rule: An Essay On Recent Corporate Scandals, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The Globalization Of Corporate And Securities Law: An Introduction To A Symposium, And An Essay On The Need For A Little Humility When Exporting One's Corporate Law, Franklin A. Gevurtz
The Globalization Of Corporate And Securities Law: An Introduction To A Symposium, And An Essay On The Need For A Little Humility When Exporting One's Corporate Law, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Getting Real About Corporate Social Responsibility: A Reply To Professor Greenfield, Franklin A. Gevurtz
Getting Real About Corporate Social Responsibility: A Reply To Professor Greenfield, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Biotechnology: Business Organization Issues, Franklin A. Gevurtz
Biotechnology: Business Organization Issues, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Piercing Piercing: An Attempt To Lift The Veil Of Confusion Surrounding The Doctrine Of Piercing The Corporate Veil, Franklin A. Gevurtz
Piercing Piercing: An Attempt To Lift The Veil Of Confusion Surrounding The Doctrine Of Piercing The Corporate Veil, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
California's New Limited Liability Company Act: A Look At The Good, The Bad, And The Ambiguous, Franklin A. Gevurtz
California's New Limited Liability Company Act: A Look At The Good, The Bad, And The Ambiguous, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
Squeeze-Outs And Freeze-Outs In Limited Liability Companies, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Preventing Partnership Freeze-Outs, Franklin A. Gevurtz
Preventing Partnership Freeze-Outs, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Commercial Bribery And The Sherman Act: The Case For Per Se Illegality, Franklin A. Gevurtz
Commercial Bribery And The Sherman Act: The Case For Per Se Illegality, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.