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Articles 1 - 25 of 25

Full-Text Articles in Law

Corporate Law Constraints On Political Spending, James Kwak Jan 2014

Corporate Law Constraints On Political Spending, James Kwak

Faculty Articles and Papers

Corporations currently can participate in electoral politics in the United States through various means: affiliated PACs, super PACs, 501(c)(6) organizations like the Chamber of Commerce, 501(c)(4) social welfare organizations, and traditional 501(c)(3) charitable organizations. Corporate law, as generally interpreted by the courts, places few constraints on the ability of corporate insiders to engage in politics as they choose. I argue that existing statutes and case law could be interpreted to impose greater constraints on corporate political activity. Political contributions should be reviewed as potential violations of the duty of loyalty whenever they could provide ...


Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo Jan 2013

Six Degrees Of Separation: From Derivative Suits To Shareholder Class Actions, Ángel Oquendo

Faculty Articles and Papers

Trans-individual litigation has revolutionized modern law. It has radically altered the manner of assertion and adjudication of legal claims. Beyond concerning a large number of people, the underlying suits operate in a unique fashion. In particular, they call for the constant protection of the interests of the parties on whose behalf the plaintiffs purport to speak. Not surprisingly, corporate law has partaken in this phenomenon. For instance, derivative suits allow individuals to sue for a larger collectivity, somewhat along the lines of the citizen suits established over a century later. Of course, they entertain the claims of the corporation, rather ...


The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg Jan 2005

The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz Jan 2003

Allocation And Reallocation In Accordance With The Partners' Interests In The Partnership, Stephen Utz

Faculty Articles and Papers

If a partnership agreement either fails to allocate an item of partnership income, gain, deduction, credit, or loss, or does so invalidly, section 704(b) requires the item to be allocated in accordance with the partners' interests in the partnership (PIP). A brief portion of the section 704(b) regulations interpret this reallocation standard, providing guidelines of varying specificity. Commentators agree that the guidelines are vague and puzzling. The courts have not often had to apply this portion of the regulation. However, in the event that the courts do employ section 704(b), they have assigned an implicit priority to ...


Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg Jan 2002

Asserting Human Rights Against Multinational Corporations Under United States Law: Conceptual And Procedural Problems, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg Jan 2001

Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Determining A Partner's Share On Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz Jan 2000

Determining A Partner's Share On Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz

Faculty Articles and Papers

Partnership law allows partners great freedom to vary the terms on which they share partnership profits from different sources. Partnership tax law, however, seems to presume, for purposes of the collapsible partner rules, that partners will share the revenue from the collection of receivables always in proportion to the value of their partnership interests. This counterfactual presumption exposes both the government and partner/taxpayers to unfortunate consequences. A substance-over-form approach to the attribution of unrealized receivables would certainly be unworkable, because too costly and intrusive to administer. Something between substance-over form and form-over-substance would best implement the policy of Subchapter ...


Preface: Symposium On Corporate Groups, Phillip Blumberg Jan 1999

Preface: Symposium On Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Increasing Recognition Of Enterprise Principles In Determining Parent And Subsidiary Corporation Liabilities, The, Phillip Blumberg Jan 1996

Increasing Recognition Of Enterprise Principles In Determining Parent And Subsidiary Corporation Liabilities, The, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Continuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip Blumberg Jan 1996

The Continuity Of The Enterprise Doctrine: Corporate Successorship In United States Law, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip Blumberg Jan 1996

Control And The Partly Owned Corporation: A Preliminary Inquiry Into Shared Control, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Death (And Taxes) Of A Partner, Stephen Utz Oct 1995

The Death (And Taxes) Of A Partner, Stephen Utz

Faculty Articles and Papers

No abstract provided.


The Corporate Personality In American Law: A Summary Review, Phillip Blumberg Jan 1990

The Corporate Personality In American Law: A Summary Review, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg Jan 1990

The Corporate Entity In An Era Of Multinational Corporations, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg Jan 1989

United States Report: The Protection Of Worker's Rights In The Event Of Insolvency And Business Reorganization: A Symposium, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg Jan 1987

Intragroup (Upstream, Cross-Stream, And Downstream) Guaranties Under The Uniform Fraudulent Transfer Act, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Limited Liability And Corporate Groups, Phillip Blumberg Jan 1986

Limited Liability And Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Justice Joseph Story's Doctrine Of Public And Private Corporations And The Rise Of The American Business Corporation, R. Kent Newmyer Jul 1976

Justice Joseph Story's Doctrine Of Public And Private Corporations And The Rise Of The American Business Corporation, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


The Public's Right To Know: Disclosure In The Major American Corporation, Phillip Blumberg Jan 1973

The Public's Right To Know: Disclosure In The Major American Corporation, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Reflections On Proposals For Corporate Reform Through Change In The Composition Of The Board Of Directors: Special Interest Or Public Directors, Phillip Blumberg Jan 1973

Reflections On Proposals For Corporate Reform Through Change In The Composition Of The Board Of Directors: Special Interest Or Public Directors, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg Jan 1973

Corporate Social Responsibility Panel: The Constituencies Of The Corporation And The Role Of The Institutional Investor, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Selected Materials On Corporate Social Responsibility, Phillip Blumberg Jan 1972

Selected Materials On Corporate Social Responsibility, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg Jan 1971

Corporate Responsibility And The Employee's Duty Of Loyalty And Obedience: A Preliminary Inquiry, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Introduction To The Politicalization Of The Corporation, Phillip Blumberg Jan 1971

Introduction To The Politicalization Of The Corporation, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


The Politicization Of The Corporation, Phillip Blumberg Jan 1971

The Politicization Of The Corporation, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.